text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Zadroga 9/11 Health and
Compensation Reauthorization Act''.
SEC. 2. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) World Trade Center Health Program Fund.--Section 3351 of the
Public Health Service Act (42 U.S.C. 300mm-61) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``2012'' and all that follows
through ``2011)'' and inserting ``2015 through
2041''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) the Federal share, consisting of--
``(i) for fiscal year 2015, $431,000,000;
and
``(ii) for each fiscal year thereafter
through fiscal year 2041, the amount specified
under this subparagraph for the previous fiscal
year increased by the percentage increase in
the medical care component of the consumer
price index for all urban consumers as
estimated by the Secretary for the 12-month
period ending with March of the previous fiscal
year; plus''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Amounts from prior fiscal years.--Amounts that were
deposited, or identified for deposit, for any fiscal year
preceding fiscal year 2015, under paragraph (2)(A)(ii)(I), as
such paragraph was in effect on the day before the date of
enactment of the James Zadroga 9/11 Health and Compensation
Reauthorization Act, that were not expended in carrying out
this title for any such fiscal year, shall remain deposited, or
be deposited, as the case may be, into the Fund.
``(5) Amounts to remain available until expended.--Amounts
deposited into the Fund under this subsection shall remain
available until expended.'';
(2) in subsection (b)(1), by striking ``sections 3302(a)''
and all that follows through ``3342'' and inserting ``sections
3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1),
3305(a)(2), 3305(c), 3341, and 3342''; and
(3) in subsection (c)--
(A) in paragraph (1)(C), by striking ``consumer
price index for all urban consumers (all items; United
States city average)'' and inserting ``medical care
component of the consumer price index for all urban
consumers'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C)--
(I) by striking ``for each
subsequent fiscal year'' and inserting
``for each of fiscal years 2013 through
2014''; and
(II) by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(D) for fiscal year 2015, $200,000; and
``(E) for each subsequent fiscal year, the amount
specified under this paragraph for the previous fiscal
year increased by the percentage increase in the
consumer price index for all urban consumers (all
items; United States city average) as estimated by the
Secretary for the 12-month period ending with March of
the previous year.''; and
(C) in paragraph (4)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C)--
(I) by striking ``for each
subsequent fiscal year'' and inserting
``for each of fiscal years 2013 through
2016''; and
(II) by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(D) for fiscal year 2017, $15,000,000; and
``(E) for each subsequent fiscal year, the amount
specified under this paragraph for the previous fiscal
year increased by the percentage increase in the
consumer price index for all urban consumers (all
items; United States city average) as estimated by the
Secretary for the 12-month period ending with March of
the previous year.''.
(b) Regulations.--Section 3301 of the Public Health Service Act (42
U.S.C. 300mm) is amended by adding at the end the following:
``(i) Regulations.--The WTC Program Administrator is authorized to
promulgate such regulations as the Administrator determines necessary
to administer this title.''.
(c) Clinical Centers of Excellence and Data Centers.--Section 3305
of the Public Health Service Act (42 U.S.C. 300mm-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``and
retention'' after ``outreach''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by inserting before the
semicolon ``, including data on the evaluation
of any new WTC-related health conditions
identified under section 3304(a)''; and
(ii) in clause (iii), by inserting ``and
retention'' after ``outreach''; and
(2) in subsection (b)(1)(B)(vi), by striking ``section
3304(c)'' and inserting ``section 3304(d)''.
(d) World Trade Center Responders.--Section 3311(a) of the Public
Health Service Act (42 U.S.C. 300mm-21(a)) is amended--
(1) in paragraph (4)(B)(i)(II), by striking ``2020'' and
inserting ``2041''; and
(2) by striking paragraph (5).
(e) World Trade Center Survivors.--Section 3321(a) of the Public
Health Service Act (42 U.S.C. 300mm-31(a)) is amended--
(1) in paragraph (3)(B)(i)(II), by striking ``2020'' and
inserting ``2041''; and
(2) by striking paragraph (4).
(f) Payment of Claims.--Section 3331(d)(1)(B) of the Public Health
Service Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended--
(1) by striking ``2015'' and inserting ``2040''; and
(2) by striking ``2016'' and inserting ``2041''.
(g) World Trade Center Health Registry.--Section 3342 of the Public
Health Service Act (42 U.S.C. 300mm-52) is amended by striking ``April
20, 2009'' and inserting ``September 7, 2014''.
SEC. 3. REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF
2001.
(a) Definitions.--Section 402(6) of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is amended by
striking ``, including under the World Trade Center Health Program
established under section 3001 of the Public Health Service Act''.
(b) Purpose.--Section 403 of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by inserting ``full'' before ``compensation''; and
(2) by inserting ``, or the rescue and recovery efforts
during the immediate aftermath of such crashes'' before the
period.
(c) Timing Requirements for Filing a Claim.--Section 405 of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note) is amended--
(1) in subsection (a)(3)(B)--
(A) by striking ``section 407(b)'' and inserting
``section 407(b)(1)'';
(B) by striking ``5 years'' and inserting ``30
years''; and
(C) by inserting ``under section 407(b)(1)'' after
``which such regulations are updated''; and
(2) in subsection (c)(3)--
(A) in subparagraph (A)(iii), by striking ``section
407(a)'' and inserting ``section 407(b)(1)''; and
(B) in subparagraph (C)(ii)(II), by striking
``section 407(b)'' and inserting ``section 407(b)(1)''.
(d) Payments to Eligible Individuals.--Section 406(d) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note) is amended--
(1) in paragraph (1)--
(A) by striking ``section 407(b)'' and inserting
``section 407(b)(1)''; and
(B) by striking ``$2,775,000,000'' and inserting
``such sums as may be necessary to carry out this
Act''; and
(2) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``shall ratably reduce the
amount of compensation due claimants under this title
in a manner'' and inserting ``may ratably reduce the
amount of compensation due claimants under this title
if necessary''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``on or after the first day'' and all
that follows through ``the difference between''
and inserting ``the Special Master, when
amounts are available, shall pay to the
claimant the amount that is equal to the
difference between'';
(ii) in clause (i)--
(I) by striking ``during such
period''; and
(II) by striking ``applicable to
such period'' and inserting
``applicable to the 5-year period
described in such paragraph''; and
(iii) in clause (ii), by striking ``during
such period''.
(e) Regulations.--Section 407(b) of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) James zadroga 9/11 health and compensation act of
2010.--Not later than''; and
(2) by adding at the end the following:
``(2) James zadroga 9/11 health and compensation
reauthorization act.--Not later than 180 days after the date of
enactment of the James Zadroga 9/11 Health and Compensation
Reauthorization Act, the Special Master shall update the
regulations promulgated under subsection (a) to the extent
necessary to comply with the amendments made by such Act.''.
SEC. 4. AMENDMENT TO EXEMPT PROGRAMS.
(a) In General.--Section 255(g)(1)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is
amended by--
(1) inserting after the item relating to Retirement Pay and
Medical Benefits for Commissioned Officers, Public Health
Service the following:
``September 11th Victim Compensation Fund (15-0340-
0-1-754).''; and
(2) inserting after the item relating to the Voluntary
Separation Incentive Fund the following:
``World Trade Center Health Program Fund (75-0946-
0-1-551).''.
(b) Applicability.--The amendments made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act. | James Zadroga 9/11 Health and Compensation Reauthorization Act - Amends the Public Health Service Act to extend the World Trade Center (WTC) Health Program Fund through FY2041 and index appropriations to the medical care component of the consumer price index for urban consumers. Makes funding available for: a quality assurance program for services delivered by health care providers, the WTC Program annual report, WTC Health Program Steering Committees, and contracts with Clinical Centers of Excellence. Removes the disqualification of individuals on the terrorist watch list maintained by the Department of Homeland Security (DHS) from being identified as WTC responders or WTC survivors eligible for benefits provided by the WTC Health Program. Amends the Air Transportation Safety and System Stabilization Act to make individuals (or relatives of deceased individuals) who were injured or killed in the rescue and recovery efforts after the aircraft crashes of September 11, 2001, eligible for compensation under the September 11th Victim Compensation Fund of 2001. Allows individuals to file claims for compensation under the September 11th Victim Compensation Fund of 2001 up to 30 years after regulations are updated based on the James Zadroga 9/11 Health and Compensation Act of 2010. Removes the cap on payments under the September 11th Victim Compensation Fund of 2001. Adds the September 11th Victim Compensation Fund and World Trade Center Health Program Fund to the list of accounts that are not subject to budget sequestration. | {"src": "billsum_train", "title": "James Zadroga 9/11 Health and Compensation Reauthorization Act"} | 2,775 | 303 | 0.452229 | 1.386943 | 0.68231 | 2.378906 | 8.933594 | 0.777344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Downpayment Act of 2004''.
SEC. 2. INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES.
(a) Mortgage Insurance Authority.--Section 203 of the National
Housing Act (12 U.S.C. 1709) is amended by inserting after subsection
(k) the following new subsection:
``(l) Zero-Downpayment Mortgages.--
``(1) Insurance authority.--The Secretary may insure, and
commit to insure, under this subsection any mortgage that meets
the requirements of this subsection and, except as otherwise
specifically provided in this subsection, of subsection (b).
``(2) Eligible single family property.--To be eligible for
insurance under this subsection, a mortgage shall involve a
property upon which there is located a dwelling that is
designed principally for a 1- to 3-family residence and that,
notwithstanding subsection (g), is to be occupied by the
mortgagor as his or her principal residence, which shall
include--
``(A) a 1-family dwelling unit in a multifamily
project and an undivided interest in the common areas
and facilities which serve the project;
``(B) a 1-family dwelling unit of a cooperative
housing corporation the permanent occupancy of the
dwelling units of which is restricted to members of
such corporation and in which the purchase of such
stock or membership entitles the purchaser to the
permanent occupancy of such dwelling unit; and
``(C) a manufactured home that meets such standards
as the Secretary has established for purposes of
subsection (b).
``(3) Maximum principal obligation.--
``(A) Limitation.--To be eligible for insurance
under this subsection, a mortgage shall involve a
principal obligation in an amount not in excess of 100
percent of the appraised value of the property plus any
initial service charges, appraisal, inspection and
other fees in connection with the mortgage as approved
by the Secretary.
``(B) Inapplicability of other loan-to-value
requirements.--A mortgage insured under this subsection
shall not be subject to subparagraph (B) of paragraph
(2) of subsection (b) or to the matter in such
paragraph that follows such subparagraph.
``(4) Eligible mortgagors.--The mortgagor under a mortgage
insured under this subsection shall meet the following
requirements:
``(A) First-time homebuyer.--The mortgagor shall be
a first-time homebuyer. The program for mortgage
insurance under this subsection shall be considered a
Federal program to assist first-time homebuyers for
purposes of section 956 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12713).
``(B) Counseling.--
``(i) Requirement.--The mortgagor shall
have received counseling, prior to application
for the loan involved in the mortgage, by a
third party (other than the mortgagee) who is
approved by the Secretary, with respect to the
responsibilities and financial management
involved in homeownership. Such counseling
shall be provided to the mortgagor on an
individual basis by a representative of the
approved third party counseling entity, and
shall be provided in person to the maximum
extent practicable.
``(ii) Topics.--Such counseling shall
include providing to, and discussing with, the
mortgagor--
``(I) information regarding
homeownership options other than a
mortgage insured under this subsection,
other zero- or low-downpayment mortgage
options that are or may become
available to the mortgagor, the
financial implications of entering into
a mortgage (including a mortgage
insured under this subsection), and any
other information that the Secretary
may require; and
``(II) a document that sets forth
the amount and the percentage by which
a property subject to a mortgage
insured under this subsection must
appreciate for the mortgagor to recover
the principal amount of the mortgage,
the costs financed under the mortgage,
and the estimated costs involved in
selling the property, if the mortgagor
were to sell the property on each of
the second, fifth, and tenth
anniversaries of the mortgage.
``(iii) 2- and 3-family residences.--In the
case of a mortgage involving a 2- or 3-family
residence, such counseling shall include (in
addition to the information required under
clause (ii)) information regarding real estate
property management.
``(5) Option for notice of foreclosure prevention
counseling availability.--
``(A) Option.--To be eligible for insurance under
this subsection, the mortgagee shall provide mortgagor,
at the time of the execution of the mortgage, an
optional written agreement which, if signed by the
mortgagor, allows, but does not require, the mortgagee
to provide notice described in subparagraph (B) to a
housing counseling entity that has agreed to provide
the notice and counseling required under subparagraph
(C) and is approved by the Secretary.
``(B) Notice to counseling agency.-- The notice
described in this subparagraph, with respect to a
mortgage, is notice, provided at the earliest time
practicable after the mortgagor becomes 60 days
delinquent with respect to any payment due under the
mortgage, that the mortgagor is so delinquent and of
how to contact the mortgagor. Such notice may only be
provided once with respect to each delinquency period
for a mortgage.
``(C) Notice to mortgagor.--Upon notice from a
mortgagee that a mortgagor is 60 days delinquent with
respect to payments due under the mortgage, the housing
counseling entity shall at the earliest time
practicable notify the mortgagor of such delinquency,
that the entity makes available foreclosure prevention
counseling that may assist the mortgagor in resolving
the delinquency, and of how to contact the entity to
arrange for such counseling.
``(D) Ability to cure.--Failure to provide the
optional written agreement required under subparagraph
(A) may be corrected by sending such agreement to the
mortgagor not later than the earliest time practicable
after the mortgagor first becomes 60 days delinquent
with respect to payments due under the mortgage.
Insurance provided under this subsection may not be
terminated and penalties for such failure may not be
prospectively or retroactively imposed if such failure
is corrected in accordance with this subparagraph.
``(E) Penalties for failure to provide agreement.--
The Secretary may establish and impose appropriate
penalties for failure of a mortgagee to provide the
optional written agreement required under subparagraph
(A).
``(F) Limitation on liability of mortgagee.--A
mortgagee shall not incur any liability or penalties
for any failure of a housing counseling entity to
provide notice under subparagraph (C).
``(G) No private right of action.--This paragraph
shall not create any private right of action on behalf
of the mortgagor.
``(H) Delinquency period.--For purposes of this
paragraph, the term `delinquency period' means, with
respect to a mortgage, a period that begins upon the
mortgagor becoming delinquent with respect to payments
due under the mortgage and ends upon the first
subsequent occurrence of such payments under the
mortgage becoming current or the property subject to
the mortgage being foreclosed or otherwise disposed of.
``(6) Inapplicability of downpayment requirement.--A
mortgage insured under this subsection shall not be subject to
paragraph (9) of subsection (b) or any other requirement to pay
on account of the property, in cash or its equivalent, any
amount of the cost of acquisition.
``(7) MMIF monitoring.--In conjunction with the credit
subsidy estimation calculated each year pursuant to the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary
shall review the program performance for mortgages insured
under this subsection and make any necessary adjustments, which
may include altering mortgage insurance premiums subject to
subsection (c)(2), adjusting underwriting standards, and
limiting the availability of mortgage insurance under this
subsection, to ensure that the Mutual Mortgage Insurance Fund
shall continue to generate a negative credit subsidy.
``(8) Underwriting.--For a mortgage to be eligible for
insurance under this subsection:
``(A) In general.--The mortgagor's credit and
ability to pay the monthly mortgage payments shall have
been evaluated using the Federal Housing
Administration's Technology Open To Approved Lenders
(TOTAL) Mortgage Scorecard, or a similar standardized
credit scoring system approved by the Secretary, and in
accordance with procedures established by the
Secretary.
``(B) Multi-unit properties.--In the case of a
mortgage involving a property upon which there is
located a dwelling that is designed principally for a
2- or 3-family residence, the mortgagor meets such
additional underwriting standards as the Secretary may
establish.
``(9) Approval of mortgagees.--To be eligible for insurance
under this subsection, a mortgage shall have been made to a
mortgagee that meets such criteria as the Secretary shall
establish to ensure that mortgagees meet appropriate standards
for participation in the program authorized under this
subsection.
``(10) Disclosure of incremental costs.--
``(A) Required disclosure.--For a mortgage to be
eligible for insurance under this subsection, the
mortgagee shall provide to the mortgagor, at the time
of the application for the loan involved in the
mortgage, a written disclosure, as the Secretary shall
require, that specifies the effective cost to a
mortgagor of borrowing the amount by which the maximum
amount that could be borrowed under a mortgage insured
under this subsection exceeds the maximum amount that
could be borrowed under a mortgage insured under
subsection (b), based on average closing costs with
respect to such amount, as determined by the Secretary.
Such cost shall be expressed as an annual interest rate
over the first 5 years of a mortgage.
``(B) Coordination.--The disclosure required under
this paragraph may be provided in conjunction with the
notice required under subsection (f).
``(11) Loss mitigation.--
``(A) In general.--Upon the default of any mortgage
insured under this subsection, the mortgagee shall
engage in loss mitigation actions for the purpose of
providing an alternative to foreclosure to the same
extent as is required of other mortgages insured under
this title pursuant to the regulations issued under
section 230(a).
``(B) Annual reporting.--Not later than 90 days
after the end of each fiscal year, the Secretary shall
submit a report to the Congress that compares the rates
of default and foreclosure during such fiscal year for
mortgages insured under this subsection, for single-
family mortgages insured under this title (other than
under this subsection), and for mortgages for housing
purchased with assistance provided under the
downpayment assistance initiative under section 271 of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12821).
``(12) Additional requirements.--The Secretary may
establish any additional requirements for mortgage insurance
under this subsection as may be necessary or appropriate.
``(13) Limitation.--The aggregate number of mortgages
insured under this subsection in any fiscal year may not exceed
10 percent of the aggregate number of mortgages and loans
insured by the Secretary under this title during the preceding
fiscal year.
``(14) Program suspension.--
``(A) In general.--Subject to subparagraph (C), the
authority under paragraph (1) to insure mortgages shall
be suspended if at any time the claim rate described in
subparagraph (B) exceeds 3.5 percent. A suspension
under this subparagraph shall remain in effect until
such time as such claim rate is 3.5 percent or less.
``(B) FHA total single-family annual claim rate.--
The claim rate described in this subparagraph, for any
particular time, is the ratio of the number of claims
during the 12 months preceding such time on mortgages
on 1- to 4-family residences insured pursuant to this
title to the number of mortgages on such residences
having such insurance in force at that time.
``(C) Applicability.--A suspension under
subparagraph (A) shall not preclude the Secretary from
endorsing or insuring any mortgage that was duly
executed before the date of such suspension.
``(15) Sunset.--No mortgage may be insured under this
subsection after September 30, 2009, except that the Secretary
may endorse or insure any mortgage that was duly executed
before such date.
``(16) GAO reports.--The Comptroller General of the United
States shall submit a report to the Congress not later than 2
years after the date of the enactment of this subsection, and
annually thereafter, regarding the performance of mortgages
insured under this subsection.
``(17) Implementation.--The Secretary may implement this
subsection on an interim basis by issuing an interim rule,
except that the Secretary shall solicit public comments upon
publication of such interim rule and shall issue a final rule
implementing this subsection after consideration of the
comments submitted.''.
(b) Mortgage Insurance Premiums.--The second sentence of
subparagraph (A) of section 203(c)(2) of the National Housing Act (12
U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting
``Except with respect to a mortgage insured under subsection (l), in''.
(c) General Insurance Fund.--Section 519(e) of the National Housing
Act (12 U.S.C. 1735c(e)) is amended by striking ``and 203(i)'' and
inserting ``, 203(i), and 203(l)''. | Zero Downpayment Act of 2004 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure first-time homeowner zero-downpayment mortgages for one-family residences, including one- to three-unit dwellings, condominiums, cooperatives, and manufactured housing.
Limits the principal obligation on an insured mortgage to not more than 100 percent of the property's appraised value plus any initial service charges, appraisal, inspection, and other related fees.
Requires: (1) independent mortgagor counseling prior to applying for a loan, including specific counseling regarding real estate property management for mortgagors purchasing dwellings with two to three units; and (2) the mortgagee to provide the mortgagor with an option for notice of foreclosure prevention counseling, which shall become effective 60 days after delinquency.
Requires: (1) the Secretary to monitor and make adjustments (mortgage premiums and availability and underwriting standards) to such program; (2) mortgagor credit evaluation by the Federal Housing Administration's (FHA) TOTAL Mortgage Scorecard or other standardized credit scoring system; (3) additional underwriting standards for borrowers purchasing two- to three-unit dwellings; and (4) written mortgagee disclosure to the mortgagor of incremental costs.
Limits the program to not more than ten percent of the aggregate number of FHA mortgages and loans insured in the preceding fiscal year. Suspends the program if claim rates exceed a certain FHA single-family claim rate.
Requires a Government Accountability Office (GAO) program report within two years of enactment of this Act and annually thereafter.
Sunsets the program after September 30, 2009. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to insure zero-downpayment mortgages for one-unit residences."} | 3,104 | 373 | 0.592844 | 1.866387 | 0.843374 | 2.032573 | 8.889251 | 0.859935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Technology
Manufacturing and Export Assistance Act of 2010''.
SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE
FUND.
(a) Definitions.--For purposes of this section--
(1) the term ``clean energy technology'' means a technology
related to the production, use, transmission, storage, control,
or conservation of energy that will contribute to a
stabilization of atmospheric greenhouse gas concentrations
through reduction, avoidance, or sequestration of energy-
related emissions and--
(A) reduce the need for additional energy supplies
by using existing energy supplies with greater
efficiency or by transmitting, distributing, or
transporting energy with greater effectiveness through
the infrastructure of the United States; or
(B) diversify the sources of energy supply of the
United States to strengthen energy security and to
increase supplies with a favorable balance of
environmental effects if the entire technology system
is considered; and
(2) the term ``Secretary'' means the Secretary of Commerce.
(b) Establishment.--The Secretary shall establish a Clean Energy
Technology Manufacturing and Export Assistance Fund, to be administered
through the International Trade Administration. The Secretary shall
administer the Fund to promote policies that will reduce production
costs and encourage innovation, investment, and productivity in the
clean energy technology sector, and implement a national clean energy
technology export strategy. The purpose of the Fund is to ensure that
United States clean energy technology firms, including clean energy
technology parts suppliers and engineering and design firms, have the
information and assistance they need to be competitive and create clean
energy technology sector jobs in the United States.
(c) Assistance.--The Secretary, consistent with the National Export
Initiative, shall provide information, tools, and other assistance to
United States businesses to promote clean energy technology
manufacturing and facilitate the export of clean energy technology
products and services. Such assistance shall include--
(1) developing critical analysis of policies to reduce
production costs and promote innovation, investment, and
productivity in the clean energy technology sector;
(2) helping educate companies about how to tailor their
activities to specific markets with respect to their product
slate, financing, marketing, assembly, and logistics;
(3) helping United States companies learn about the export
process and export opportunities in foreign markets;
(4) helping United States companies to navigate foreign
markets; and
(5) helping United States companies provide input regarding
clean energy technology manufacturing and trade policy
developments and trade promotion.
(d) Reports to Congress.--
(1) Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Congress a report
indicating how the funds provided under this section will be
used to--
(A) focus on small and medium-sized United States
businesses;
(B) encourage the creation and maintenance of the
greatest number of clean energy technology jobs in the
United States; and
(C) encourage the domestic production of clean
energy technology products and services, including
materials, components, equipment, parts, and supplies
related in any way to the product or service.
(2) Not later than January 1, 2015, the Secretary shall
transmit to the Congress a report assessing the extent to which
the program established under this section--
(A) has been successful in developing critical
analysis of policies to reduce production costs and
promote innovation, investment, and productivity in the
clean energy technology sector;
(B) has been successful in increasing the
competitiveness of United States clean energy
technology firms in emerging markets;
(C) has been successful in assisting United States
businesses, specifically small and medium-sized firms,
with exporting clean energy technology products and
services;
(D) has been successful in creating jobs directly
related to the clean energy technology sector in the
United States, including specific information as to the
nature, location, and duration of those jobs and the
methodology used by the Secretary to compile such
information;
(E) has been successful in helping United States
companies provide input regarding clean energy
technology manufacturing and trade policy developments
and trade promotion; and
(F) should be continued.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary for carrying out this section $15,000,000 for
each of the fiscal years 2011 through 2015.
(2) Limitation.--No assistance provided using funds
appropriated pursuant to this section shall be provided in the
form of a monetary grant.
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Clean Energy Technology Manufacturing and Export Assistance Act of 2010 - Requires the Secretary of Commerce to: (1) establish a Clean Energy Technology Manufacturing and Export Assistance Fund, to be administered through the International Trade Administration, to ensure that U.S. clean energy technology firms have the information and assistance they need to be competitive and to create clean energy technology sector jobs; and (2) administer the Fund to promote policies that will reduce production costs and encourage innovation, investment, and productivity in the clean energy technology sector, and implement a national clean energy technology export strategy.
Defines "clean energy technology" to mean a technology related to the production, use, transmission, storage, control, or conservation of energy that will contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions and: (1) reduce the need for additional energy supplies by using existing supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through U.S. infrastructure; or (2) diversify the sources of the energy supply to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered.
Directs the Secretary, consistent with the National Export Initiative, to provide information, tools, and other assistance to U.S. businesses to promote clean energy technology manufacturing and facilitate the export of clean energy technology products and services. Requires such assistance to include: (1) developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (2) helping educate companies about how to tailor their activities to specific markets with respect to their product slate, financing, marketing, assembly, and logistics; and (3) helping U.S. companies learn about the export process and export opportunities in foreign markets, navigate foreign markets, and provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion.
Requires the Secretary to report to Congress on how funds will be used to: (1) focus on small and medium-sized U.S. businesses; (2) encourage the creation and maintenance of the greatest number of clean energy technology jobs in the United States; and (3) encourage the domestic production of clean energy technology products and services.
Requires the Secretary to report to Congress by January 1, 2015, on whether the assistance program should be continued and an assessment of the extent to which it has been successful in: (1) developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (2) assisting U.S. businesses with exporting clean energy technology products and services; (3) creating jobs directly related to the clean energy technology sector in the United States; and (4) helping U.S. companies provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion.
Authorizes appropriations for FY2011-FY2015. Prohibits funding appropriated pursuant to this Act from being provided in the form of a monetary grant. | {"src": "billsum_train", "title": "To provide for the establishment of a Clean Energy Technology Manufacturing and Export Assistance Fund to assist United States businesses with exporting clean energy technology products and services."} | 954 | 620 | 0.876184 | 3.217778 | 1.009144 | 5.916096 | 1.642123 | 0.950342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Our Children's Future Act
of 2002''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) According to a 1995 General Accounting Office report,
the unmet need for school construction and renovation in the
United States is $112,000,000,000. The National Center for
Education Statistics further found that \3/4\ of the Nation's
schools need funding to bring buildings up to good overall
condition.
(2) The Department of Education has found that the average
age of a public school building is 42 years, an age when
schools tend to deteriorate.
(3) According to a 1999 report from the National Education
Association, at least an additional 2,400 new public schools
will be needed by 2003 to accommodate the ``baby boom echo''.
(4) In 2000, the General Accounting Office reported that
annual school construction expenditures increased nationally by
39 percent from fiscal year 1990 through 1997, from
$17,800,000,000 to $24,700,000,000.
(5) Studies have found a link between school building
conditions and student learning. In 1996, Dr. Glenn Earthman of
the Virginia Polytechnic Institute and State University
compared test scores in substandard and above standard schools,
and found a positive correlation between school conditions and
test scores.
(6) Rural schools face different and difficult school
modernization needs and often have limited financial resources
to meet their needs. In 1996, the General Accounting Office
reported that 30 percent of small town and rural schools have
at least 1 inadequate building and 52 percent have at least 1
building feature, such as a roof, plumbing, heating or air
conditioning, needing repair or replacement.
(7) Schools in smaller areas have low tax bases that make
it difficult to pay for bond financing costs. Also, such
schools' bond issues are relatively small and unfamiliar to
investors, making them less attractive.
(8) In 2000, the General Accounting Office reported that
areas with the highest enrollment growth rates also tend to
have the highest construction expenditures per pupil.
(9) In addition to basic infrastructure, providing students
and teachers access to technology will be a critical part of
school improvement in the 21st century, and the provision of
such access will require renovation.
(10) The Federal Government has made a commitment to
support the education of students with disabilities and
providing such education can require renovation and increased
construction costs.
(b) Purpose.--It is the purpose of this Act to provide grants for
school renovation, repair, and construction, with priority given to
serving schools that--
(1) have been damaged or destroyed by a natural disaster;
or
(2) the State determines are high poverty or high growth
schools.
SEC. 3. DEFINITIONS.
In this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Outlying area.--The term ``outlying area'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 4. GRANTS FOR SCHOOL RENOVATION.
(a) Allotments.--
(1) Reservation of funds.--From funds appropriated under
subsection (c) for a fiscal year, the Secretary shall--
(A) reserve 7.5 percent to award grants to local
educational agencies--
(i) that received a basic support payment
under section 8003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7703(b)) for the preceding fiscal year; and
(ii) with respect to which the number of
children determined under section 8003(a)(1)(C)
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(a)(1)(C)) for the
preceding school year constituted at least 50
percent of the total student enrollment in the
schools of that agency during the preceding
school year,
for the construction, renovation, or repair of schools
served by those agencies; and
(B) reserve 0.325 percent to award grants to local
educational agencies in the outlying areas for the
renovation or repair of high-need schools (as defined
in section 2304(d)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6674(d)(3))) served by
such agencies.
(2) Allotment to states.--
(A) In general.--Subject to subparagraph (B), from
funds appropriated under subsection (c) for a fiscal
year that are not reserved under paragraph (1), the
Secretary shall make an allotment to each State in an
amount that bears the same relation to the funds as the
amount the State received under part A of title I of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for the preceding fiscal year
bears to the amount received by all States under such
part for the preceding fiscal year.
(B) Minimum grant amount.--No State receiving an
allotment under subparagraph (A) shall receive less
than \1/2\ of 1 percent of the total amount allotted
under such subparagraph.
(b) Grants to Local Educational Agencies.--A State that receives an
allotment under subsection (a)(2) shall expend--
(1) 75 percent of the allotted funds to award grants, on a
competitive basis, to local educational agencies for the
renovation or repair of schools served by the agencies, with
priority given to the renovation or repair of schools that--
(A) have been damaged or destroyed by a natural
disaster; or
(B) the State determines are high poverty or high
growth schools; and
(2) 25 percent of the allotted funds to award grants, on a
competitive basis, to local educational agencies--
(A) to carry out part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.); or
(B) to improve technology in the schools served by
the local educational agencies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $1,000,000,000 for fiscal year 2003
and each of the 4 succeeding fiscal years. | Building Our Children's Future Act of 2002 - Establishes a grant program for renovation of schools.Directs the Secretary of Education to allot such grants to States using an allocation formula based on part A of title I of the Elementary and Secondary Education Act of 1965.Requires reservation of specified amounts for direct Federal grants to: (1) local educational agencies (LEAs) that received impact aid basic support payments, and had eligible federally-connected students as more than half of their enrollment, during the preceding fiscal year, for construction, renovation, or repair; and (2) LEAs in the outlying areas, for renovation or repair of high-need schools.Requires a State's allotment to be used for competitive subgrants to LEAs, as follows. Requires 75 percent to be for school renovation or repair, with priorities for: (1) schools damaged or destroyed by a natural disaster; and (2) high-poverty or high-growth schools, as determined by the State. Requires the remaining 25 percent to be for carrying out part B of the Individuals with Disabilities Education Act, or for improving technology in schools. | {"src": "billsum_train", "title": "A bill to establish a grant program for school renovation, and for other purposes."} | 1,434 | 257 | 0.44526 | 1.374726 | 0.746289 | 2.786047 | 6.106977 | 0.84186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Transparency and
Reasonableness Act''.
SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.
Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is
amended by adding at the end the following:
``(9) The Secretary shall make publicly available on the Internet
the best scientific and commercial data available that are the basis
for each regulation, including each proposed regulation, promulgated
under subsection (a)(1), except that, at the request of a Governor,
State agency, or legislature of a State, the Secretary shall not make
available under this paragraph information regarding which the State
has determined public disclosure is prohibited by a law or regulation
of that State, including any law or regulation requiring the protection
of personal information; and except that within 30 days after the date
of the enactment of this paragraph, the Secretary shall execute an
agreement with the Secretary of Defense that prevents the disclosure of
classified information pertaining to Department of Defense personnel,
facilities, lands, or waters.''.
SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL
INFORMATION.
(a) Requiring Decisional Transparency With Affected States.--
Section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a))
is amended--
(1) by inserting ``(1)'' before the first sentence; and
(2) by striking ``Such cooperation shall include'' and
inserting the following:
``(2) Such cooperation shall include--
``(A) before making a determination under section
4(a), providing to States affected by such
determination all data that is the basis of the
determination; and
``(B)''.
(b) Ensuring Use of State, Tribal, and Local Information.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by redesignating paragraphs (2) through (21) as
paragraphs (3) through (22), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) The term `best scientific and commercial data available'
includes all such data submitted by a State, tribal, or county
government.''.
(2) Conforming amendment.--Section 7(n) of such Act (16
U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and
inserting ``section 3(14)''.
SEC. 4. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF
1973.
(a) Requirement To Disclose.--Section 13 of the Endangered Species
Act of 1973 (87 Stat. 902; relating to conforming amendments which have
executed) is amended to read as follows:
``SEC. 13. DISCLOSURE OF EXPENDITURES.
``(a) Requirement.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, shall--
``(1) not later than 90 days after the end of each fiscal
year, submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate an annual report detailing Federal
Government expenditures for covered suits during the preceding
fiscal year (including the information described in subsection
(b)); and
``(2) make publicly available through the Internet a
searchable database of the information described in subsection
(b).
``(b) Included Information.--The report shall include--
``(1) the case name and number of each covered suit, and a
hyperlink to the record or decision for each covered suit (if
available);
``(2) a description of the claims in each covered suit;
``(3) the name of each covered agency whose actions gave
rise to a claim in a covered suit;
``(4) funds expended by each covered agency (disaggregated
by agency account) to receive and respond to notices referred
to in section 11(g)(2) or to prepare for litigation of,
litigate, negotiate a settlement agreement or consent decree
in, or provide material, technical, or other assistance in
relation to, a covered suit;
``(5) the number of full-time equivalent employees that
participated in the activities described in paragraph (4);
``(6) attorneys fees and other expenses (disaggregated by
agency account) awarded in covered suits, including any consent
decrees or settlement agreements (regardless of whether a
decree or settlement agreement is sealed or otherwise subject
to nondisclosure provisions), including the bases for such
awards; and
``(7) any Federal funding used by a person or a
governmental or non-governmental entity in bringing a claim in
a covered suit.
``(c) Requirement To Provide Information.--The head of each covered
agency shall provide to the Secretary in a timely manner all
information requested by the Secretary to comply with the requirements
of this section.
``(d) Limitation on Disclosure.--Notwithstanding any other
provision of this section, this section shall not affect any
restriction in a consent decree or settlement agreement on the
disclosure of information that is not described in subsection (b).
``(e) Definitions.--
``(1) Covered agency.--The term `covered agency' means any
agency of the Department of the Interior, the Forest Service,
the National Marine Fisheries Service, the Bonneville Power
Administration, the Western Area Power Administration, the
Southwestern Power Administration, or the Southeastern Power
Administration.
``(2) Covered suit.--The term `covered suit' means any
civil action containing a claim against the Federal Government,
in which the claim arises under this Act and is based on the
action of a covered agency.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by striking the item relating to such section
and inserting the following:
``Sec. 13. Disclosure of expenditures.''.
(c) Prior Amendments Not Affected.--This section shall not be
construed to affect the amendments made by section 13 of such Act, as
in effect before the enactment of this Act.
SEC. 5. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE
WITH EXISTING LAW.
Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C.
1540(g)(4)) is amended by striking ``to any'' and all that follows
through the end of the sentence and inserting ``to any prevailing party
in accordance with section 2412 of title 28, United States Code.''.
Passed the House of Representatives July 29, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Endangered Species Transparency and Reasonableness Act - (Sec. 2) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior or the Secretary of Commerce, as appropriate, to make publicly available on the Internet the best scientific and commercial data available that are the basis for the determination of whether a species is an endangered species or a threatened species, including each proposed regulation for the listing of a species. Prohibits the appropriate Secretary from making the information publicly available when: (1) the public disclosure of the information is prohibited by a state law requiring the protection of personal information, and (2) the state requests that the information be withheld. Requires the appropriate Secretary to execute an agreement with the Department of Defense (DOD) that prevents the disclosure of classified information pertaining to DOD personnel, facilities, lands, or waters. (Sec. 3) Requires the appropriate Secretary to: (1) provide to affected states all data that is used as the basis of a determination on whether a species is an endangered species or a threatened species before making a determination; and (2) use data submitted by a state, tribal, or county government in making such a determination. (Sec. 4) Requires the Secretary of the Interior to submit an annual report detailing federal expenditures for civil actions brought under the ESA containing claims that are based on the actions of the Department of the Interior, the Forest Service, the National Marine Fisheries Service, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, or the Southeastern Power Administration. Requires Interior to make the information available online in a searchable database. Requires the report to include the total funds expended to respond to ESA lawsuits, the number of full-time federal employees dedicated to ESA lawsuits, attorneys' fees awarded in the course of ESA lawsuits and settlements, and any federal funding used in bringing a claim under the ESA. (Sec. 5) Replaces the current standard for awarding court costs, including attorney's fees, in citizen suits with the federal judicial code standard for awarding costs to a prevailing party. | {"src": "billsum_train", "title": "Endangered Species Transparency and Reasonableness Act"} | 1,579 | 484 | 0.628406 | 2.026263 | 0.734538 | 3.302211 | 3.39312 | 0.884521 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``American
Opportunity and Freedom Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PERMANENT EXTENSION OF INCOME TAX RELIEF
Sec. 101. Repeal of EGTRRA sunset.
Sec. 102. Repeal of JGTRRA sunset.
Sec. 103. Technical and conforming amendments.
TITLE II--PERMANENT REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES
Sec. 201. Repeal of estate and generation-skipping transfer taxes.
TITLE III--REPEAL OF ALTERNATIVE MINIMUM TAX
Sec. 301. Repeal of individual alternative minimum tax.
TITLE IV--REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE
Sec. 401. Repeal of tobacco product excise tax increase.
TITLE V--REPEAL OF TAX INCREASES RELATING TO PATIENT PROTECTION AND
AFFORDABLE CARE ACT
Sec. 501. Repeal of revenue provisions relating to PPACA.
Sec. 502. Repeal of tax provisions relating to individual mandate.
Sec. 503. Repeal of tax provisions relating to employer mandate.
TITLE I--PERMANENT EXTENSION OF INCOME TAX RELIEF
SEC. 101. REPEAL OF EGTRRA SUNSET.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is repealed.
SEC. 102. REPEAL OF JGTRRA SUNSET.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.
The Secretary of the Treasury or the Secretary's delegate shall,
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a draft of
any technical and conforming changes in the Internal Revenue Code of
1986 which are necessary to reflect throughout such Code the purposes
of the provisions of, and amendments made by, this Act.
TITLE II--PERMANENT REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES
SEC. 201. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B
(relating to miscellaneous) is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying after
December 31, 2010.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying on or before December 31, 2010--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made more than 10 years after such date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B (relating to administration) is amended by
adding at the end the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers
after December 31, 2010.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 is
amended by adding at the end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 is
amended by adding at the end the following new item:
``Sec. 2664. Termination.''.
(d) Carryover Basis at Death and Other Changes Taking Effect With
Repeal.--So much of section 301 of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (relating to
reinstatement of estate tax; repeal of carryover basis) as relates to
the provisions of law amended by subtitle E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not apply to
estates of decedents dying, and transfers made, on or after the date of
the enactment of this Act.
(e) Sunset Not Applicable.--Section 304 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is
hereby repealed.
(f) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after December 31, 2010.
TITLE III--REPEAL OF ALTERNATIVE MINIMUM TAX
SEC. 301. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM TAX.
(a) In General.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``Except in the case of a corporation, no tax shall be imposed by this
section for any taxable year beginning after December 31, 2010, and the
tentative minimum tax of any taxpayer other than a corporation for any
such taxable year shall be zero for purposes of this title.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
TITLE IV--REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE
SEC. 401. REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE.
(a) In General.--Each provision of the Internal Revenue Code of
1986 amended by section 701 of the Children's Health Insurance Program
Reauthorization Act of 2009 is amended as such provision would read if
such section had never been enacted.
(b) Floor Stocks Refund.--
(1) In general.--On tobacco products and cigarette papers
and tubes manufactured in or imported into the United States
which are removed on or before the date of the enactment of
this Act, and held on such date for sale by any person, there
shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this subsection referred to as
the ``taxpayer'') an amount equal to the excess of the tax paid
by the taxpayer on the article over the amount of such tax
which would be imposed on such article had the article been
removed on the day after the date of the enactment of this Act.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless claim therefor is
filed with the Secretary of the Treasury before the date which
is 6 months after the date of the enactment of this Act.
(3) Definitions.--Any term used in this subsection which is
also used in section 5702 of the Internal Revenue Code of 1986
shall have the same meaning as such term has in such section.
(4) Controlled groups.--Rules similar to the rules of
section 5061(e)(3) of such Code shall apply for purposes of
this subsection.
(c) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(j) of the
Internal Revenue Code of 1986) after the date of the enactment of this
Act.
TITLE V--REPEAL OF TAX INCREASES RELATING TO PATIENT PROTECTION AND
AFFORDABLE CARE ACT
SEC. 501. REPEAL OF REVENUE PROVISIONS RELATING TO PPACA.
Effective on the date of the enactment of this Act, subtitle F of
title I and title IX of the Patient Protection and Affordable Care Act,
as each is amended by title X of such Act, are repealed, and the
Internal Revenue Code of 1986 shall be applied as if such subtitle F
and such title IX had never been enacted.
SEC. 502. REPEAL OF TAX PROVISIONS RELATING TO INDIVIDUAL MANDATE.
Effective on the date of the enactment of this Act, section 5000A
of the Internal Revenue Code of 1986, section 6055 of such Code,
section 1502(c) of the Patient Protection and Affordable Care Act, and
any amendments made by section 1502(b) of such Act are repealed, and
the Internal Revenue Code of 1986 shall be applied as if such
provisions had never been enacted.
SEC. 503. REPEAL OF TAX PROVISIONS RELATING TO EMPLOYER MANDATE.
Effective on the date of the enactment of this Act, section 4980H
of the Internal Revenue Code of 1986, section 6056 of such Code,
section 1513(c) of the Patient Protection and Affordable Care Act, and
any amendments made by section 1514(b) of such Act are repealed, and
the Internal Revenue Code of 1986 shall be applied as if such
provisions had never been enacted. | American Opportunity and Freedom Act of 2012 - Repeals the terminating date (i.e., December 31, 2012) of: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making such Act permanent; and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 reducing tax rates on dividends and capital gains.
Repeals the estate and generation-skipping transfer taxes for decedents dying and transfers made after December 31, 2010.
Repeals the alternative minimum tax (AMT) for individuals for taxable years beginning after 2010.
Repeals: (1) the increase in the excise tax rate on tobacco products, and (2) revenue offset provisions of the Patient Protection and Affordable Care Act (PPACA) and other tax provisions relating to the individual and employer mandate requiring the purchase of health insurance under PPACA. | {"src": "billsum_train", "title": "To permanently extend tax relief and repeal certain tax increases."} | 2,177 | 177 | 0.596938 | 1.572542 | 0.623332 | 3.08589 | 10.478528 | 0.877301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abraham Lincoln Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Abraham Lincoln, the 16th President, was one of the
Nation's greatest leaders, demonstrating true courage during the
Civil War, one of the greatest crises in the Nation's history.
(2) Born of humble roots in present-day LaRue County, Kentucky,
on February 12, 1809, Abraham Lincoln rose to the Presidency
through a combination of honesty, integrity, intelligence, and
commitment to the United States.
(3) With the belief that all men were created equal, Abraham
Lincoln led the effort to free all slaves in the United States.
(4) Abraham Lincoln had a generous heart, with malice toward
none and with charity for all.
(5) Abraham Lincoln gave the ultimate sacrifice for his
country, dying from an assassin's bullet on April 15, 1865.
(6) The year 2009 will be the bicentennial anniversary of the
birth of Abraham Lincoln.
(7) The Abraham Lincoln Bicentennial Commission has been
charged by Congress with planning the celebration of Lincoln's
bicentennial.
(8) The proceeds from a commemorative coin will help fund the
celebration and the continued study of the life of Lincoln.
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 500,000 $1 coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--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 life and legacy of President Abraham
Lincoln.
(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 ``2009''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Abraham Lincoln Bicentennial
Commission; 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.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2009.
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(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 issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f)(1), 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 Abraham Lincoln Bicentennial Commission to further the work of the
Commission.
(c) Audits.--The Abraham Lincoln Bicentennial Commission shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Abraham Lincoln Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the life and legacy of President Abraham Lincoln.
States that only one facility of the U.S. Mint may be used to strike any particular quality of the coins.
Authorizes the Secretary to issue the coins only during the one-year period beginning on January 1, 2009.
Prescribes guidelines for coin sales, including a surcharge of $10 per coin, to be paid by the Secretary to the Abraham Lincoln Bicentennial Commission to further its work.
Subjects the Commission to federal audit requirements. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the birth of Abraham Lincoln."} | 1,247 | 134 | 0.534456 | 1.439763 | 0.713074 | 4.466667 | 9.316667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance
Extension Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
Sec. 101. Extension of Trade Adjustment Assistance.
Sec. 102. Merit staffing for State administration of Trade Adjustment
Assistance.
Subtitle B--Health Coverage Improvement
Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement
of the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for
credit.
Sec. 114. TAA pre-certification period rule for purposes of determining
whether there is a 63-day lapse in
creditable coverage.
Sec. 115. Continued qualification of family members after certain
events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary
associations.
Sec. 118. Notice requirements.
Subtitle C--Other Modifications to Trade Adjustment Assistance
Sec. 121. Community College and Career Training Grant Program.
TITLE II--OFFSETS
Sec. 201. Customs user fees.
Sec. 202. Time for payment of corporate estimated taxes.
Sec. 203. Compliance with PAYGO.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Section 1893(a) of the Trade and Globalization
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is
amended by striking ``January 1, 2011'' each place it appears and
inserting ``July 1, 2012''.
(b) Application of Prior Law.--Section 1893(b) of the Trade and
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be
applied and administered beginning July 1, 2012, as if the amendments
made by this subtitle (other than part VI) had never been enacted,
except that in applying and administering such chapters--
``(1) section 245 of that Act shall be applied and
administered by substituting `June 30, 2013' for `December 31,
2007';
``(2) section 246(b)(1) of that Act shall be applied and
administered by substituting `June 30, 2013' for `the date that
is 5 years' and all that follows through `State';
``(3) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of fiscal years
2003 through 2007, and $4,000,000 for the 3-month period
beginning on October 1, 2007,';
``(4) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of the fiscal
years' and all that follows through `October 1, 2007'; and
``(5) subject to subsection (a)(2), section 285 of that Act
shall be applied and administered--
``(A) in subsection (a), by substituting `June 30,
2013' for `December 31, 2007' each place it appears;
and
``(B) by applying and administering subsection (b)
as if it read as follows:
```(b) Other Assistance.--
```(1) Assistance for firms.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 3 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 3 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.
```(2) Farmers.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 6 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 6 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.'.''.
(c) Conforming Amendments.--
(1) Section 236(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2296(a)(2)(A)) is amended to read as follows:
``(2)(A) The total amount of payments that may be made under
paragraph (1) shall not exceed--
``(i) $575,000,000 for fiscal year 2011; and
``(ii) $431,250,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(2) Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C.
2318(b)(1)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(4) Section 255(a) of the Trade Act of 1974 (19 U.S.C.
2345(a)) is amended--
(A) in the first sentence to read as follows:
``There are authorized to be appropriated to the
Secretary to carry out the provisions of this chapter
$50,000,000 for fiscal year 2011 and $37,500,000 for
the 9-month period beginning October 1, 2011, and
ending June 30, 2012.''; and
(B) in paragraph (1), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(5) Section 275(f) of the Trade Act of 1974 (19 U.S.C.
2371d(f)) is amended by striking ``2011'' and inserting
``2013''.
(6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C.
2371e(c)(2)) is amended to read as follows:
``(2) Funds to be used.--Of the funds appropriated pursuant
to section 277(c), the Secretary may make available, to provide
grants to eligible communities under paragraph (1), not more
than--
``(A) $25,000,000 for fiscal year 2011; and
``(B) $18,750,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(7) Section 277(c) of the Trade Act of 1974 (19 U.S.C.
2371f(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this subchapter--
``(A) $150,000,000 for fiscal year 2011; and
``(B) $112,500,000 for the 9-month period beginning
October 1, 2011 and ending June 30, 2012.''; and
(B) in paragraph (2)(A), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(8) Section 278(e) of the Trade Act of 1974 (19 U.S.C.
2372(e)) is amended by striking ``2011'' and inserting
``2013''.
(9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C.
2373(h)(2)) is amended by striking ``2011'' and inserting
``2013''.
(10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C.
2373a(a)) is amended to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to the Secretary of Labor to carry out the Sector
Partnership Grant program under section 279A--
``(A) $40,000,000 for fiscal year 2011; and
``(B) $30,000,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.
``(2) Availability of appropriations.--Funds appropriated
pursuant to this section shall remain available until
expended.''.
(11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271
note) is amended--
(A) by striking ``December 31, 2010'' each place it
appears and inserting ``June 30, 2012''; and
(B) in subsection (a)(2)(A), by inserting
``pursuant to petitions filed under section 221 before
July 1, 2012'' after ``title''.
(12) Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``$90,000,000 for each of the
fiscal years 2009 and 2010, and $22,500,000 for the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``$67,500,000 for the 9-month period beginning
January 1, 2011, and ending September 30, 2011, and $67,500,000
for the 9-month period beginning October 1, 2011, and ending
June 30, 2012''.
(13) The table of contents for the Trade Act of 1974 is
amended by striking the item relating to section 235 and
inserting the following:
``Sec. 235. Employment and case management services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE ADJUSTMENT
ASSISTANCE.
(a) In General.--Notwithstanding section 618.890(b) of title 20,
Code of Federal Regulations, or any other provision of law, the single
transition deadline for implementing the merit-based State personnel
staffing requirements contained in section 618.890(a) of title 20, Code
of Federal Regulations, shall not be earlier than June 30, 2012.
(b) Effective Date.--This section shall take effect on December 14,
2010.
Subtitle B--Health Coverage Improvement
SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) In General.--Section 35(a) of the Internal Revenue Code of 1986
is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Conforming Amendment.--Section 7527(b) of such Code is amended
by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2010.
SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT
OF THE ADVANCE PAYMENTS OF CREDIT.
(a) In General.--Section 7527(e) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR
CREDIT.
(a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING
WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``July 1, 2012''.
(b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is
amended by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health
Service Act (as in effect for plan years beginning before January 1,
2014) is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2010.
SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN
EVENTS.
(a) In General.--Section 35(g)(9) of the Internal Revenue Code of
1986, as added by section 1899E(a) of the American Recovery and
Reinvestment Tax Act of 2009 (relating to continued qualification of
family members after certain events), is amended by striking ``January
1, 2011'' and inserting ``July 1, 2012''.
(b) Conforming Amendment.--Section 173(f)(8) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking
``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2010.
SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--
(1) PBGC recipients.--Section 602(2)(A)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)(v)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section 602(2)(A)(vi) of
such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(b) IRC Amendments.--
(1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the
Internal Revenue Code of 1986 is amended by striking ``December
31, 2010'' and inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section
4980B(f)(2)(B)(i)(VI) of such Code is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after December 31, 2010.
SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY
ASSOCIATIONS.
(a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 118. NOTICE REQUIREMENTS.
(a) In General.--Section 7527(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to certificates issued after December 31, 2010.
Subtitle C--Other Modifications to Trade Adjustment Assistance
SEC. 121. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
(a) In General.--Section 278(a) of the Trade Act of 1974 (19 U.S.C.
2372(a)) is amended by adding at the end the following:
``(3) Rule of construction.--For purposes of this section,
any reference to `workers', `workers eligible for training
under section 236', or any other reference to workers under
this section shall be deemed to include individuals who are, or
are likely to become, eligible for unemployment compensation as
defined in section 85(b) of the Internal Revenue Code of 1986,
or who remain unemployed after exhausting all rights to such
compensation.''.
(b) Authorization of Appropriations.--Section 279 of the Trade Act
of 1974 (19 U.S.C. 2372a) is amended--
(1) in subsection (a), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Administrative and Related Costs.--The Secretary may retain
not more than 5 percent of the funds appropriated under subsection (b)
for each fiscal year to administer, evaluate, and establish reporting
systems for the Community College and Career Training Grant program
under section 278.
``(d) Supplement Not Supplant.--Funds appropriated under subsection
(b) shall be used to supplement and not supplant other Federal, State,
and local public funds expended to support community college and career
training programs.
``(e) Availability.--Funds appropriated under subsection (b) shall
remain available for the fiscal year for which the funds are
appropriated and the subsequent fiscal year.''.
TITLE II--OFFSETS
SEC. 201. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2019''
and inserting ``March 31, 2020''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2019'' and inserting ``April 30, 2020''.
SEC. 202. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the Hiring
Incentives to Restore Employment Act in effect on the date of the
enactment of this Act is increased by 4.5 percentage points.
SEC. 203. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Trade Adjustment Assistance Extension Act of 2010 - Amends the Trade and Globalization Adjustment Assistance Act of 2009 to extend trade adjustment assistance (TAA) programs through June 30, 2012. Extends TAA for firms and farmers through June 30, 2013.
Extends the single transition deadline for implementing certain merit-based personnel staffing requirements for state administration of TAA to a date not earlier than June 30, 2012.
Amends the Internal Revenue Code (IRC) to extend through June 30, 2012, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients.
Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012.
Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers.
Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012.
Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
Amends the Trade Act of 1974 to expand the TAA grant program for community college and career training to include individuals who are, or are likely to become, eligible for unemployment compensation or who remain unemployed after exhausting their unemployment benefits.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for the processing of merchandise entered into the United States through March 31, 2020, and other specified customs users fees through April 30, 2020.
Amends the Hiring Incentives to Restore Employment Act to increase required estimated tax payments of corporations with at least $1 billion in assets in the third quarter of 2015 by 4.5% to 126.0% of such amount. | {"src": "billsum_train", "title": "A bill to extend trade adjustment assistance, and for other purposes."} | 4,672 | 479 | 0.578782 | 1.952302 | 0.721718 | 2.555556 | 9.12766 | 0.825059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Health Workforce Act
of 2016''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The environmental health workforce is vital to
protecting the health and safety of the public.
(2) For years, State and local governmental public health
agencies have reported substantial workforce losses and other
challenges to the environmental health workforce.
(3) According to the Association of State and Territorial
Health Officials (ASTHO) and the National Association of County
and City Health Officials (NACCHO), more than 50,600 State and
local environmental health workforce jobs have been lost since
2008. This represents approximately 22 percent of the total
State and local environmental health workforce.
(4) In the coming years, the retiring Baby Boomer
Generation will lead to a further decrease in the environmental
health workforce.
(5) Currently, only 28 States require a credential for
environmental health workers that is an impartial, third-party
endorsement of an individual's professional knowledge and
experience.
(6) Educating and training existing and new environmental
health professionals should be a national public health goal.
SEC. 3. MODEL STANDARDS AND GUIDELINES FOR CREDENTIALING ENVIRONMENTAL
HEALTH WORKERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, in
coordination with appropriate national professional organizations,
Federal, State, local, and tribal governmental agencies, and private-
sector and nongovernmental entities, shall develop model standards and
guidelines for credentialing environmental health workers.
(b) Provision of Standards and Technical Assistance.--The Secretary
of Health and Human Services shall provide to State, local, and tribal
governments--
(1) the model standards and guidelines developed under
subsection (a); and
(2) technical assistance in credentialing environmental
health workers.
SEC. 4. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN.
(a) In General.--To ensure that programs and activities (including
education, training, and payment programs) of the Department of Health
and Human Services for developing the environmental health workforce
meet national needs, the Secretary of Health and Human Services shall
develop a comprehensive and coordinated plan for such programs and
activities that--
(1) includes performance measures to more clearly determine
the extent to which these programs and activities are meeting
the Department's strategic goal of strengthening the
environmental health workforce;
(2) identifies and communicates to stakeholders any gaps
between existing programs and activities and future
environmental health workforce needs identified in workforce
projections of the Health Resources and Services
Administration;
(3) identifies actions needed to address such identified
gaps; and
(4) identifies any additional statutory authority that is
needed by the Department to implement such identified actions.
(b) Submission to Congress.--Not later than 2 years after the date
of enactment of this Act, the Secretary of Health and Human Services
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate, and to the Committees on Energy and Commerce and
Education and the Workforce of the House of Representatives, the plan
developed under subsection (a).
SEC. 5. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall examine
and identify best practices in 6 States (as described in subsection
(b)) related to training and credentialing requirements for
environmental health workers and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that
includes information concerning--
(1) types of environmental health workers employed at
State, local, and city health departments and independent
environmental health agencies;
(2) educational backgrounds of environmental health
workers;
(3) whether environmental health workers are credentialed
or registered, and what type of credential or registration each
worker has received;
(4) State requirements for continuing education for
environmental health workers;
(5) whether State, local, and city health departments and
independent environmental health agencies track continuing
education units for their environmental health workers; and
(6) how frequently any exam required to qualify
environmental health workers is updated and reviewed to ensure
that the exam is consistent with current law.
(b) Selection of States.--The report described in subsection (a)
shall be based upon the examination of such best practices with respect
to 3 States that have credentialing requirements for environmental
health workers (such as Maryland, Ohio, and Washington) and 3 States
that do not have such requirements (such as Indiana, Michigan, and
Pennsylvania).
SEC. 6. PUBLIC SERVICE LOAN FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended in paragraph (3)(B)--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) a full-time job as an environmental
health worker (as defined in section 7 of the
Environmental Health Workforce Act of 2016) who
is accredited, certified, or licensed in
accordance with applicable law.''.
SEC. 7. DEFINITION.
In this Act, the terms ``environmental health worker'' and
``environmental health workforce'' refer to public health workers who
investigate and assess hazardous environmental agents in various
environmental settings and develop, promote, and enforce guidelines,
policies, and interventions to control such hazards. | Environmental Health Workforce Act of 2016 This bill requires the Department of Health and Human Services (HHS)to develop model standards and guidelines for credentialing environmental health professionals. Additionally, HHS must develop a comprehensive and coordinated plan for the environmental health workforce that: (1)includes performance measures, (2)identifies any gaps between existing programs and future environmental health workforce needs, and (3)identifies actions needed to address any identified gaps. The Government Accountability Office must identify the best practices related to training and credentialing environmental health professionals in six states. The bill also amends the Higher Education Act of 1965 to make environmental health professionals eligible for loan forgiveness programs from the Department of Education. | {"src": "billsum_train", "title": "Environmental Health Workforce Act of 2016"} | 1,230 | 140 | 0.589523 | 1.759178 | 0.733532 | 2.788618 | 9.626016 | 0.837398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay-Delta Estuary
Restoration Act of 1993''.
SEC. 2. IMPLEMENTATION OF COMPREHENSIVE PLAN FOR SAN FRANCISCO BAY-
DELTA ESTUARY.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following new section:
``SEC. 121. SAN FRANCISCO BAY-DELTA ESTUARY.
``(a) Establishment of Executive Council and Office.--The
Administrator shall establish an Executive Council of the San Francisco
Bay-Delta Estuary Restoration Program (hereinafter in this section
referred to as the `Executive Council').
``(b) Executive Council.--
``(1) Duties.--The Executive Council shall oversee and
coordinate the implementation of the Comprehensive Conservation
and Management Plan for the San Francisco Bay-Delta Estuary
developed pursuant to section 320 of this Act (hereinafter in
this section referred to as the `Comprehensive Plan').
``(2) Membership.--The Executive Council shall be composed
of 5 members as follows:
``(A) The Regional Administrator of the
Environmental Protection Agency for Region IX.
``(B) The Regional Director of the United States
Fish and Wildlife Service for Region I.
``(C) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
representatives of State agencies responsible for
resource management.
``(D) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
representatives of State agencies responsible for
environmental management.
``(E) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
local elected officials for the San Francisco Bay-Delta
region.
``(3) Powers.--
``(A) Establishment of restoration program
office.--The Executive Council shall establish an
Office of the San Francisco Bay-Delta Estuary
Restoration Program (hereinafter in this section
referred to as the `Office') to be located on or near
the San Francisco Bay-Delta Estuary.
``(B) Implementation committee.--The Executive
Council shall establish an Implementation Committee to
provide assistance to the Council in carrying out its
duties and implementing the comprehensive plan referred
to in paragraph (1). The Implementation Committee shall
be composed of not to exceed 25 members including the
following:
``(i) Members appointed by the Executive
Council from among individuals who are
representatives of local, State, and Federal
agencies involved in implementing the
Comprehensive Plan.
``(ii) 3 members appointed by the Executive
Council from among individuals recommended by
the environmental representatives on the San
Francisco Estuary Project's Management
Committee to represent the San Francisco Bay-
Delta Estuary environmental community.
``(iii) 3 members appointed by the
Executive Council from among individuals
recommended by the business, water use, and
discharger representatives on the San Francisco
Estuary Project's Management Committee to
represent the San Francisco Bay-Delta business,
water use, and discharger communities.
``(iv) 1 member appointed by the Executive
Council from among individuals recommended by
the fisheries representatives on the San
Francisco Estuary Project's Management
Committee to represent fisheries.
``(C) Additional advisory committees.--The
Executive Council may establish such additional
advisory committees as the Council determines to be
necessary to implement the Comprehensive Plan.
``(D) Evaluation and reporting.--Not later than 2
years after the date of approval of the Comprehensive
Plan, and biennially thereafter, the Executive Council
shall issue a public report to the Administrator, the
Governor of California, and Congress which--
``(i) evaluates the progress made in
implementing the Comprehensive Plan;
``(ii) identifies anticipated priorities
and needs for future implementation of the
Comprehensive Plan;
``(iii) specifies recommendations and
justification for potential modifications to
the Comprehensive Plan; and
``(iv) summarizes any modifications to the
Comprehensive Plan that may have been approved
in the 24-month period immediately preceding
such report.
The report shall be prepared in a manner consistent
with specified review procedures that allow for
effective input from the involved agencies and the
public.
``(c) Office.--
``(1) Administration and staffing.--
``(A) In general.--The Office shall be headed by a
Director, appointed by the Executive Council, who shall
select additional appropriate staff as may be necessary
to carry out the duties of the Director under this
section.
``(B) Applicability of certain civil service
laws.--The Director and staff of the Office may be
appointed without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification
and General Schedule pay rates.
``(2) Duties.--
``(A) In general.--The Director shall--
``(i) assist the Executive Council and the
Implementation Committee in carrying out its
goals;
``(ii) be the primary supervisor of the
programs and activities of the Office; and
``(iii) be responsible for developing and
implementing the Office's work plan and budget.
``(B) Specified duties.--The Director's duties
shall also include such additional duties as may be
specified by the Executive Council and the
Implementation Committee. Such duties shall include,
but not be limited to, the following:
``(i) Assisting and supporting the
implementation of the Comprehensive Plan to
ensure success toward achieving the following
vision for the San Francisco Bay-Delta Estuary
set forth in the Comprehensive Plan: `We, the
people of California and the San Francisco Bay-
Delta region, believe the San Francisco Bay-
Delta Estuary is an international treasure and
that our ongoing stewardship is critical to its
preservation, restoration, and enhancement.
Acknowledging the importance of the Estuary to
our environmental and economic well-being, we
pledge to achieve and maintain an ecologically
diverse and productive natural estuarine
system.'.
``(ii) Conducting, coordinating, and
commissioning research, studies, and activities
considered necessary for implementation of the
Comprehensive Plan in order to accomplish the
mission statements identified in the
Comprehensive Plan.
``(iii) Identifying and pursuing options
for long-term financing of actions under the
Comprehensive Plan.
``(iv) Identifying and coordinating the
grant, research, and planning programs
authorized under this section.
``(v) Coordinating activities and
implementing responsibilities with--
``(I) other Federal agencies and
State and local agencies which have
jurisdiction over the San Francisco
Estuary;
``(II) the federally approved State
coastal management program for San
Francisco Bay; and
``(III) national and regional
marine monitoring and research
programs.
``(vi) Providing administrative and
technical support to the Executive Council, the
Implementation Committee, and any other
advisory committees established by the
Executive Council.
``(vii) Assisting the Executive Council to
ensure that the Comprehensive Plan's public
involvement and education program is carried
out.
``(viii) Assisting the Executive Council to
ensure that an estuary-wide monitoring program
and a coordinated estuary research program are
underway through the coordination of the
proposed San Francisco Estuarine Institute.
``(ix) Assisting the Executive Council with
preparation of biennial reports that evaluate
the success of the Comprehensive Plan and
identify recommendations for improved
implementation.
``(x) Convening conferences and meetings
for legislators from Federal, State, and local
governments and political subdivisions thereof
for the purpose of making recommendations for
coordinating legislative efforts to facilitate
the environmental restoration of the San
Francisco Bay-Delta Estuary and the
implementation of the Comprehensive Plan.
``(d) Grants.--
``(1) In general.--The Administrator, acting through the
Director, may make grants to eligible recipients described in
paragraph (3) for projects and studies which will help in
implementation of the Comprehensive Plan.
``(2) Additional authority.--In addition, the Administrator
may make grants to eligible recipients for the purpose of
acquiring such remnant habitats, acquiring and restoring such
degraded wetlands and uplands, and promoting the reuse of such
dredged material as may be necessary for implementation of the
Comprehensive Plan.
``(3) Eligible recipients.--State, interstate, coastal
management, and regional water pollution control agencies and
other public and nongovernmental nonprofit agencies,
institutions, and organizations shall be eligible for grants
under this subsection.
``(4) Priority.--In making grants under this subsection,
priority consideration shall be given--
``(A) to establishing the San Francisco Estuarine
Institute to coordinate implementation of the
Comprehensive Plan's research and monitoring program;
``(B) to activities to conduct the Comprehensive
Plan's public involvement and education program; and
``(C) to other activities contained in the
Comprehensive Plan that are identified as priority
activities by the Implementation Committee and the
Executive Council.
``(4) Federal share.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of a project or study receiving amounts from a
grant under this subsection shall not exceed 75 percent
in the aggregate.
``(B) Grants to nongovernmental nonprofit
recipients.--Except as provided in subparagraph (C),
for grants made to nongovernmental nonprofit
recipients, the Federal share of the cost of a project
shall not exceed 95 percent in the aggregate.
``(C) Grants for restoration projects.--For grants
authorized under paragraph (2), the Federal share of
the cost of a project shall not exceed 50 percent in
the aggregate. The Administrator, acting through the
Director, shall determine the percentage of the
required non-Federal match on a case-by-case basis.
Priority shall be given to projects that demonstrate
cooperative approaches, including interagency efforts
and partnerships between public and private entities.
``(D) Non-federal sources.--A grant under this
subsection to carry out a project shall be made on the
condition that the non-Federal share of the cost of the
project will be provided by non-Federal sources.
``(e) Authorizations.--There is authorized to be appropriated to
the Administrator--
``(1) for the implementation of this section, other than
subsections (c)(1) and (d), such sums as may be necessary for
each of fiscal years 1994 through 1998;
``(2) for the implementation of subsection (c)(1) not to
exceed $3,000,000 per fiscal year for each of fiscal years 1994
through 1998; and
``(3) for the implementation of subsection (d) not to
exceed $10,000,000 per fiscal year for each of fiscal years
1994 through 1998.''. | San Francisco Bay-Delta Estuary Restoration Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to establish an Executive Council of the San Francisco Bay-Delta Estuary Restoration Program to oversee the implementation of the Comprehensive Conservation and Management Plan for the San Francisco Bay-Delta Estuary.
Requires the Council to establish an Office of the San Francisco Bay-Delta Estuary Restoration Program and an Implementation Committee.
Authorizes the Administrator to make grants to eligible recipients for: (1) projects and studies to help in implementation of the Comprehensive Plan; and (2) the acquisition of remnant habitats, restoration of degraded wetlands and uplands, and the reuse of dredged material.
Authorizes appropriations. | {"src": "billsum_train", "title": "San Francisco Bay-Delta Estuary Restoration Act of 1993"} | 2,450 | 176 | 0.631843 | 1.566727 | 0.765495 | 4.574468 | 16.375887 | 0.943262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kennedy-King Establishment Act of
2018''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on April 4, 1968, Robert F. Kennedy was scheduled to
give a speech in Indianapolis, Indiana, during the campaign of
Mr. Kennedy for the Presidency of the United States;
(2) just before giving the prepared remarks, Mr. Kennedy
was informed of the assassination of Dr. Martin Luther King,
Jr., before the news became widely known publicly;
(3) Mr. Kennedy changed the prepared remarks to inform the
large gathering of the death of Dr. King in a manner that
called for a nonviolent reaction to the violent death;
(4) the call of Mr. Kennedy for nonviolence in a moment of
unbearable pain helped temper the reaction of people in
Indianapolis to the assassination of Dr. King, such that, while
many other cities erupted in violence and rioting, Indianapolis
did not suffer riots or bloodshed in the days after the
assassination of Dr. King;
(5) the speech of Mr. Kennedy on the volatile occasion has
been described as one of the great addresses of the 20th
century, calling for unity in a time of great unrest;
(6) the heartfelt leadership of Mr. Kennedy and call for
nonviolence in the face of violence, prior to the assassination
of Mr. Kennedy, continues to be a model for people of the
United States;
(7) the park site at which the speech was held was
established in 1961 and has served the community as a gathering
place for social movements and engagement, which is the reason
why the site was selected as the location for the speech of Mr.
Kennedy;
(8) a memorial sculpture, known as ``Landmark for Peace'',
honoring Mr. Kennedy and Dr. King was erected on the site in
1994 to commemorate the events of April 4, 1968, and the
message of nonviolence taught by Mr. Kennedy and Dr. King;
(9) the improvised remarks of Mr. Kennedy to a stricken
community continue to resonate today and the site continues to
inspire social engagement with the words of Mr. Kennedy, ``Why
don't we make a monument to peace where all of us can live
together, not with walls coming up but with walls tearing down,
so we can go forward together?''; and
(10) the site of the speech given by Mr. Kennedy on April
4, 1968, should be preserved as a national treasure, and the
preservation of the site is most fitting on the 50th
anniversary of the speech.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``Historic Site'' means the
Kennedy-King National Historic Site established by section
4(a)(1).
(2) Map.--The term ``Map'' means the map entitled
``Kennedy-King National Historic Site Proposed Boundary''.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Indiana.
SEC. 4. ESTABLISHMENT OF THE KENNEDY-KING NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Kennedy-King National Historic Site in the
State as a unit of the National Park System to preserve,
protect, and interpret for the benefit of present and future
generations the site of the April 4, 1968, speech of Senator
Robert F. Kennedy that is associated with the Kennedy-King Park
in Indianapolis, Indiana.
(2) Condition for establishment.--The Historic Site shall
not be established until the date on which the Secretary
determines that sufficient land has been acquired for the
Historic Site to constitute a manageable unit.
(b) Boundaries.--The boundaries of the Historic Site shall be the
boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition Authority.--
(1) In general.--The Secretary may acquire any land or
interest in land located within the boundary of the Kennedy-
King Park by--
(A) donation;
(B) purchase with donated or appropriated funds;
(C) exchange;
(D) lease or no-cost lease; and
(E) cooperative agreements to facilitate continued
access to, and maintenance of, and to promote the
success of the Historic Site, including revenue
generation.
(2) Boundary revision.--On the acquisition of any land or
interest in land within the Historic Site under paragraph (1),
the Secretary shall revise the boundary of the Historic Site to
include the acquired land or interest in land.
(3) Prohibition of admission fees.--The Secretary shall not
charge a fee for admission to the Historic Site.
(e) Administration.--
(1) In general.--The Secretary shall administer the
Historic Site in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Management plan.--
(A) In general.--Not later than 180 days after the
date on which funds are made available to prepare a
general management plan for the Historic Site, the
Secretary shall prepare the general management plan in
accordance with section 100502 of title 54, United
States Code.
(B) Submission to congress.--Immediately after
completion of the general management plan under
subparagraph (A), the Secretary shall submit the
general management plan to the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate. | Kennedy-King Establishment Act of 2018 This bill establishes the Kennedy-King National Historic Site in Indiana as a unit of the National Park System for the preservation, protection, and interpretation of the site of the speech given by Senator Robert F. Kennedy on April 4, 1968, that is associated with the Kennedy-King Park in Indianapolis, Indiana. | {"src": "billsum_train", "title": "Kennedy\u2013King Establishment Act of 2018"} | 1,316 | 75 | 0.433601 | 1.216513 | 0.267554 | 5.41791 | 18.104478 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mark O. Hatfield Scholarship and
Excellence in Tribal Governance Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Senator Mark O. Hatfield served the United States with
distinction and honor;
(2) Senator Hatfield has had a lasting impact on the
relationship between the United States and Native Americans,
restoring to Federal recognition the Grand Ronde, Coquille, Cow
Creek Band of Umpqua Indians, Confederated Tribes of the Coos,
Lower Umpqua and Siuslaw Indians, and Confederated Tribes of
Siletz Indians;
(3) Senator Hatfield has been a champion of the rights of
Native Americans and Alaska Natives and worked in Congress to
strengthen tribal self-governance; and
(4) it is a fitting tribute to the leadership, courage, and
bipartisan spirit that Senator Mark O. Hatfield exemplifies to
establish in his name programs to encourage excellence in
tribal government.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Trustees
of the Foundation.
(2) Eligible individual.--The term ``eligible individual''
means a citizen or national of the United States or a permanent
resident alien of the United States.
(3) Foundation.--The term ``Foundation'' means the Mark O.
Hatfield Scholarship and Excellence in Tribal Governance
Foundation established by section 4(a).
(4) Institute.--The term ``Institute'' means the Institute
for Tribal Government at Portland State University.
(5) Institute policy board.--The term ``Institute Policy
Board'' means the Institute Policy Board for the Institute for
Tribal Government at Portland State University.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) Guam;
(F) the Republic of the Marshall Islands;
(G) the Federal States of Micronesia;
(H) the Republic of Palau;
(I) the Commonwealth of Puerto Rico; and
(J) the United States Virgin Islands.
SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD SCHOLARSHIP AND
EXCELLENCE IN TRIBAL GOVERNANCE FOUNDATION.
(a) Establishment.--There is established as an independent entity
in the Executive branch the Mark O. Hatfield Scholarship and Excellence
in Tribal Governance Foundation.
(b) Board of Trustees.--
(1) In general.--The Foundation shall be subject to the
supervision and direction of a Board of Trustees.
(2) Membership.--The Board shall consist of the Institute
Policy Board.
(c) Location of Foundation.--The Foundation shall be located in
Portland, Oregon.
(d) Executive Director.--
(1) In general.--There shall be an Executive Director of
the Foundation, who shall be appointed by the Board.
(2) Duties.--The Executive Director--
(A) shall be the chief executive officer of the
Foundation; and
(B) shall carry out the functions of the
Foundation, subject to the supervision and direction of
the Board, and such other functions consistent with
this Act as the Board shall prescribe.
(3) Compensation.--The Executive Director may be
compensated at the rate specified for an employee in level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
SEC. 5. PURPOSES.
The purposes of the Foundation shall be--
(1) to develop resources to properly train Native American
and Alaska Native tribal council members in self-government and
related fields;
(2) to foster among people in the United States greater
recognition and understanding of the role of tribal self-
government in the development of the United States;
(3) to identify critical issues facing tribal governments;
(4) to establish a program for tribal governance research
at the Institute; and
(5) to provide educational outreach regarding tribal self-
government.
SEC. 6. AUTHORITY OF THE FOUNDATION.
(a) In General.--The Foundation, in consultation with the
Institute, may identify and conduct such programs, activities, and
services as the Foundation considers appropriate to carry out the
purposes of the Foundation.
(b) Programs, Activities, and Services.--The Foundation may, in
accordance with this section--
(1) award scholarships, fellowships, internships, and
grants; and
(2) provide grants to the Institute to carry out and manage
other programs, activities, and services.
(c) National Competition.--The Foundation may provide, directly or
by contract, for the conduct of a national competition for the purpose
of selecting recipients of scholarships, fellowships, internships, and
grants awarded under this Act.
(d) Award of Scholarships, Fellowships, Internships, and Grants.--
(1) In general.--The Foundation may award scholarships,
fellowships, internships, and grants to eligible individuals
who meet the minimum criteria established by the Foundation,
for study in fields relating to tribal governance.
(2) Mark o. hatfield scholars.--Recipients of scholarships,
fellowships, internships, and grants under this Act shall be
known as ``Mark O. Hatfield Scholars''.
(e) Scholarships.--
(1) In general.--The Foundation may award scholarships to
outstanding--
(A) undergraduate students who intend to pursue
careers relating to tribal governance; and
(B) Native American and Alaska Native undergraduate
students who intend to pursue careers in tribal public
policy.
(2) Payments.--An eligible individual awarded a scholarship
under this Act may receive payments under this Act only during
such periods as the Foundation determines that the eligible
individual--
(A) is maintaining satisfactory proficiency and
devoting full time to study or research; and
(B) is not engaging in gainful employment other
than employment approved by the Foundation under
regulations of the Board.
(3) Reports.--
(A) In general.--The Foundation may require reports
containing such information, in such form, and to be
filed at such times as the Foundation determines to be
necessary from any eligible individual awarded a
scholarship under this Act.
(B) Certificate.--Except as otherwise provided
under this subsection, a report under subparagraph (A)
shall be accompanied by a certificate from an
appropriate official at the institution of higher
education, approved by the Foundation, stating that the
individual is making satisfactory progress in, and is
devoting essentially full time to, study or research.
(f) Fellowships.--The Foundation may award fellowships to--
(1) outstanding graduate students who intend to pursue
advanced degrees in fields relating to tribal governance;
(2) outstanding Native American and Alaska Native graduate
students who intend to pursue advanced degrees in tribal public
policy, law, or medicine; and
(3) faculty from a variety of disciplines to bring the
expertise of the faculty to the Foundation.
(g) Internships.--The Foundation may award internships to deserving
and qualified--
(1) individuals, for use in participating in internships in
Federal, State, and local agencies or in offices of major
tribal governance organizations; and
(2) Native American and Alaska Native individuals, for use
in participating in internships in Federal, State, and local
agencies or in offices of major public health or public policy
organizations.
(h) Grants.--The Foundation shall award grants to the Institute--
(1) to provide for an annual panel of experts to discuss
contemporary tribal governance issues;
(2) to conduct tribal governance policy research;
(3) to conduct research on Native American and Alaska
Native tribal public policy issues; and
(4) to invite visiting policymakers to share practical
experiences with the Foundation.
(i) Coordination.--The Foundation shall assist in the development
and implementation of a program for tribal governance research to be
located at the Institute.
(j) Program Priorities.--
(1) In general.--Subject to paragraph (2), the Foundation
shall determine--
(A) the priority of the programs to be carried out
under this Act; and
(B) the amount of funds to be allocated for the
programs.
(2) Requirements.--Of amounts made available to carry out
this section--
(A) not less than 50 percent shall be used for the
programs described in subsections (e), (f), and (g);
(B) not less than 20 percent shall be made
available to the Institute to carry out subsections (h)
and (i), on the conditions that--
(i) a 25-percent matching share is provided
from other non-Federal sources; and
(ii) adequate space at the Institute is
made available by the Institute for the
Executive Director and other appropriate staff
of the Foundation; and
(C) not more than 15 percent shall be used for
salaries and other administrative purposes.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Mark O. Hatfield Scholarship and Excellence in Tribal Governance Act of 2008 - Establishes as an independent executive branch entity the Mark O. Hatfield Scholarship and Excellence in Tribal Governance Foundation, to be located in Portland, Oregon. Requires the Foundation to: (1) develop resources to train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments; (4) establish a program for tribal governance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government.
Authorizes the Foundation to award: (1) scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal governance and to Native American and Alaska Native undergraduate students intending to pursue careers in tribal public policy; (2) fellowships to outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, to Native American and Alaska Native graduate students intending to pursue advanced degrees in tribal public policy, law, or medicine, and to faculty from a variety of disciplines to bring their expertise to the Foundation; and (3) internships to individuals to work in government agencies or in offices of major tribal governance organizations and to Native American and Alaska Native individuals to work in agencies or in offices of major public health or public policy organizations.
Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (3) invite visiting policymakers to share practical experiences with the Foundation.
Requires the Foundation to assist in the development and implementation of a program for tribal governance research to be located at the Institute. | {"src": "billsum_train", "title": "A bill to establish the Mark O. Hatfield Scholarship and Excellence in Tribal Governance Foundation and for other purposes."} | 2,011 | 379 | 0.612384 | 2.015478 | 0.829404 | 5.150538 | 5.034946 | 0.973118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Reorganization
Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Americans are paying an ever-increasing amount to meet
basic energy needs;
(2) a consolidation of energy-production functions within a
single agency would contribute to greater strategic energy
policy coherence;
(3) the mission of the Department of Energy is an
obligation to ensure the energy security and prosperity of the
United States;
(4) the Department of Energy is the primary Federal source
for energy data and forecasting at the Energy Information
Administration;
(5) the Energy Information Administration can best account
for national energy needs both now and in the future;
(6) fossil-fuel production on Federal land decreased by 14
percent in 2011 and is anticipated to continue declining into
the foreseeable future under the stewardship of the Secretary
of the Interior;
(7) the Secretary of the Interior continues to restrict
access to domestic energy;
(8) the Department of the Interior is oriented more toward
conservation and managing Federal land than providing for the
future energy needs of the United States; and
(9) the Secretary of the Interior continues to pursue land
management and resource development decisions that hamper
economic growth and fail to meet the energy needs of the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(a) Department.--The term ``Department'' means the Department of
Energy.
(b) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
SEC. 4. OFFICE OF FEDERAL ENERGY PRODUCTION.
(a) Establishment.--There shall be within the Department an Office
of Federal Energy Production.
(b) Director.--The Office of Federal Energy Production shall be
headed by a Director, who shall be appointed by the Secretary.
(c) Transfer of Functions.--There are transferred to, and vested
in, the Director of the Office of Federal Energy Production all of the
functions provided by law (as of the date of enactment of this Act)
to--
(1) the Director of the Bureau of Ocean Energy Management;
(2) the Director of the Bureau of Safety and Environmental
Enforcement; and
(3) the Director of the Bureau of Land Management of the
Department of the Interior with respect to oil and gas
development and renewable energy production.
SEC. 5. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.
(a) Establishment.--There shall be within the Department a Bureau
of Safety and Environmental Enforcement.
(b) Director.--The Bureau of Safety and Environmental Enforcement
shall be headed by a Director, who shall be appointed by the Secretary.
(c) Transfer of Functions.--There are transferred to, and vested
in, the Director of the Bureau of Safety and Environmental Enforcement
all of the functions provided by law (including regulations), as of the
date of enactment of this Act, to the Director of the Bureau of Safety
and Environmental Enforcement of the Department of the Interior.
SEC. 6. BUREAU OF OCEAN ENERGY MANAGEMENT.
(a) Establishment.--There shall be within the Department a Bureau
of Ocean Energy Management.
(b) Director.--The Bureau of Ocean Energy Management shall be
headed by a Director, who shall be appointed by the Secretary.
(c) Transfer of Functions.--Except as otherwise provided in this
title, there are transferred to, and vested in, the Director of the
Bureau of Ocean Energy Management all of the functions provided by law
(as of the date of enactment of this Act) to the Director of the Bureau
of Ocean Energy Management of the Department of the Interior.
SEC. 7. CERTIFICATION OF 5-YEAR LEASING PLAN.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Certification by Secretary of Energy.--
``(1) In general.--The Secretary of Energy shall certify
that the program prepared under subsection (a) will best meet
national energy needs for the 5-year period following the
approval or reapproval of the program.
``(2) Modification or rejection.--
``(A) In general.--The Secretary of Energy may
modify or reject any program prepared under subsection
(a).
``(B) Oil from foreign sources other than canada or
mexico.--If the Secretary of Energy, in consultation
with the Energy Information Administration, determines
that the United States will require more than 1,000,000
barrels of oil per day for the next fiscal year from
foreign sources other than Canada and Mexico, the
Secretary shall amend the program prepared under
subsection (a) to include additional lease sales in
additional areas.
``(j) Public Comment by Private Entities.--
``(1) In general.--The procedures described in subsection
(f)(2) shall include a 30-day period for public notice and
participation, once annually, for private entities to provide
the Secretary with a notice of interest to lease and produce
oil in any area not prohibited by a moratorium.
``(2) Modification.--If the Secretary receives a notice of
interest under paragraph (1), the Secretary shall modify the
plan prepared under subsection (a) for the next year to include
a lease sale in each area specified in the notice of
interest.''.
SEC. 8. SHALE LEASES AND PERMITS; PUBLICLY AVAILABLE DATA.
Section 21 of the Mineral Leasing Act (30 U.S.C. 241) is amended by
adding at the end the following:
``(e) Financing for Research.--In addition to any funds made
available to the Secretary of the Interior to carry out this subsection
for each fiscal year, of the funds made available to the Secretary of
Energy for each fiscal year, there is authorized to be appropriated
such sums as are necessary to carry out this subsection for each fiscal
year.
``(f) Publicly Available Data.--The Secretary of Energy shall post
on the main page of the public Internet website of the Department of
Energy the revenue and production data resulting from the leases under
subsection (a).''.
SEC. 9. EXEMPTION OF THE DEPARTMENT OF ENERGY FROM THE EQUAL ACCESS TO
JUSTICE ACT.
Sections 504 of title 5 and 2412 of title 28, United States Code,
shall not apply to the Department of Energy.
SEC. 10. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this Act, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available to, or to be made available in connection with
the functions transferred by this Act, subject to section 1531 of title
31, United States Code, are transferred to the Secretary for
appropriate allocation.
(b) Use of Unexpended Funds.--Unexpended funds transferred under
subsection (a) shall only be used for the purposes for which the funds
were originally authorized and appropriated.
(c) Specific Positions.--Positions expressly specified by statute
or reorganization plan to carry out functions transferred by this Act,
personnel occupying those positions and personnel authorized to receive
compensation in those positions at the rate prescribed for offices and
positions at level I, II, III, IV, or V of the Executive Schedule under
subchapter II of chapter 53 of title 5, United States Code, on the
effective date of this Act, shall be subject to section 3103 of that
title.
SEC. 11. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided in this Act or by the
Secretary, the transfer under this Act of full-time personnel (except
special Government employees) and part-time personnel holding permanent
positions under this Act shall not cause any such employee to be
separated or reduced in grade or compensation for 1 year after the date
of enactment of this Act.
(b) Compensation.--Any person who, on the effective date of this
Act, holds a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Department to a
position having duties comparable to the duties performed immediately
preceding the appointment shall continue to be compensated in the new
position at not less than the rate provided for the previous position,
for the duration of service in the new position.
(c) Reemployment Rights.--
(1) In general.--An employee transferred to the Department
who holds reemployment rights acquired under any provision of
law (including regulations) may exercise those rights only
during the latter of--
(A) the 120-day period beginning on the effective
date of this Act; or
(B) the 2-year period beginning on the date on
which the employee acquired the reemployment rights.
(2) Requirement.--Reemployment rights may only be exercised
at the request of the employee.
SEC. 12. AGENCY TERMINATIONS.
(a) In General.--Except as otherwise provided in this Act, whenever
all of the functions vested by law in any agency, commission, or other
body, or any component of an agency, commission, or other body, have
been terminated or transferred from that agency, commission, or other
body, or component by this Act, the agency, commission, or other body,
or component, shall terminate.
(b) Termination of Positions and Offices.--If an agency,
commission, or other body, or any component of an agency, commission,
or other body, terminates under subsection (a), each position and
office within the agency, commission, or other body, or component, that
was expressly authorized by law, or the incumbent of which was
authorized to receive compensation at the rates prescribed for an
office or position at level II, III, IV, or V of the Executive Schedule
under subchapter II of chapter 53 of title 5, United States Code, shall
terminate.
SEC. 13. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, shall make such determinations as may
be necessary with regard to the transfer of functions that relate to or
are used by an agency, commission or other body, or component of an
agency, commission, or other body, affected by this Act, to make such
additional incidental dispositions of personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with the functions transferred by this Act, as the Director considers
necessary to accomplish the purposes of this Act.
SEC. 14. SAVINGS PROVISIONS.
(a) Orders To Remain in Effect.--
(1) In general.--All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges described in paragraph (2) shall continue in effect
according to their respective terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by the
President, the Secretary, or other authorized officials, a
court of competent jurisdiction, or by operation of law.
(2) Specification.--Paragraph (1) applies to all orders,
determinations, rules, regulations, permits, contracts,
certificates, licenses, and privileges that--
(A) have been issued, made, granted, or allowed to
become effective by the President, any Federal
department or agency, official of a Federal department
or agency, or by a court of competent jurisdiction, in
the performance of functions that are transferred under
this Act to the Department after the date of enactment
of this Act; and
(B) are in effect on the date on which this Act
takes effect.
(b) Pending Proceedings.--
(1) In general.--This Act shall not affect any proceeding
or any application for any license, permit, certificate, or
financial assistance pending before any department, agency,
commission, or component of a department, agency, or
commission, functions of which are transferred by this Act on
the effective date of this Act.
(2) Continuation.--
(A) In general.--To the extent that the proceedings
and applications described in paragraph (1) relate to
functions transferred by this Act--
(i) the proceedings and applications shall
be continued; and
(ii) orders shall be issued, appeals shall
be taken, and payments shall be made under the
orders, as if this Act had not been enacted.
(B) Effect.--Orders issued in any proceeding
continued under this paragraph shall continue in effect
until modified, terminated, superseded, or revoked by--
(i) a duly authorized official;
(ii) a court of competent jurisdiction; or
(iii) operation of law.
(C) Discontinuance or modification.--Nothing in
this subsection prohibits the discontinuance or
modification of any proceeding described in paragraph
(1) under the same terms and conditions and to the same
extent that the proceeding could have been discontinued
or modified if this Act had not been enacted.
(3) Regulations.--The Secretary may promulgate regulations
providing for the orderly transfer of proceedings described in
paragraph (1) to the Department.
(c) Pending Suits.--
(1) In general.--Except as provided in paragraph (3)--
(A) this Act shall not affect suits commenced prior
to the effective date of this Act; and
(B) in all suits described in subparagraph (A),
proceedings shall be had, appeals taken, and judgments
rendered in the same manner and effect as if this Act
had not been enacted.
(2) Suits by and against officers in official capacity and
departments and agencies.--
(A) Offices.--No suit, action, or other proceeding
commenced by or against any officer in the official
capacity of the officer as an officer of any department
or agency, functions of which are transferred by this
Act, shall abate by reason of the enactment of this
Act.
(B) Departments and agencies.--No cause of action
by or against any department or agency, functions of
which are transferred by this Act, or by or against any
officer of a department or agency in the official
capacity of the officer, shall abate by reason of the
enactment of this Act.
(3) Transfer.--If, before the effective date of this Act,
any department or agency, or officer of a department or agency
in the official capacity of the officer, is a party to a suit,
and under this Act any function of the department, agency, or
officer is transferred to the Secretary or any other official,
then the suit shall be continued with the Secretary or other
official, as applicable, substituted.
SEC. 15. REFERENCE.
With respect to any functions transferred by this Act and exercised
after the effective date of this Act, reference in any other Federal
law to any department, commission, or agency or any officer or office
the functions of which are so transferred shall be deemed to refer to
the Secretary or other official or component of the Department in which
this Act vests those functions.
SEC. 16. PRESIDENTIAL AUTHORITY.
Nothing in this Act limits, curtails, abolishes, or terminates--
(1) any function of, or authority available to, the
President that the President had immediately before the
effective date of this Act; or
(2) the authority of the President to delegate, redelegate,
or terminate any delegation of functions.
SEC. 17. TRANSITION.
With the consent of the appropriate department or agency head, the
Secretary may use the services of the officers, employees, and other
personnel of the departments and agencies from which functions have
been transferred to the Secretary for such period of time as may
reasonably be needed to facilitate the orderly transfer of functions
under this Act. | Department of Energy Reorganization Act of 2012 - Establishes within the Department of Energy (DOE) an Office of Federal Energy Production, headed by a Director appointed by the Secretary of Energy.
Transfers to such Director the current functions of the Directors of: (1) the Bureau of Ocean Energy Management, (2) the Bureau of Safety and Environmental Enforcement, and (3) the Bureau of Land Management of the Department of the Interior with respect to oil and gas development and renewable energy production.
Establishes within DOE the Bureau of Safety and Environmental Enforcement, to whose Director are transferred the functions and regulatory authority of the Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior. Terminates the latter Bureau upon completion of all transfers.
Establishes within DOE the Bureau of Ocean Energy Management, to whose Director are transferred the functions of the Director of the Bureau of Ocean Energy Management of the Department of the Interior. Terminates the latter Bureau upon completion of all transfers.
Amends the Outer Continental Shelf Lands Act, with respect to the Outer Continental Shelf (OCS) oil and gas leasing program, to require the Secretary to certify that the oil and gas leasing program prepared will best meet national energy needs for the five-year period following its approval or reapproval. Directs the Secretary to amend the program to include additional lease sales in additional areas if it is determined that the United States will require more than one million barrels of oil per day for the next fiscal year from foreign sources other than Canada and Mexico.
Amends the Mineral Leasing Act to authorize appropriations to the Secretary to implement oil shale and gilsonite leases and permits.
Exempts DOE from the jurisdiction of the Equal Access to Justice Act. | {"src": "billsum_train", "title": "A bill to establish within the Department of Energy an Office of Federal Energy Production, and for other purposes."} | 3,496 | 365 | 0.605 | 1.822929 | 0.894261 | 4.10241 | 9.828313 | 0.909639 |
SECTION 1. SHORT TITLE.
This Act shall be cited as the ``Renewable Energy and Energy
Efficiency Stimulus Act of 2006''.
TITLE I--ENERGY TAX INCENTIVES
Subtitle A--Energy Infrastructure Tax Incentives
SEC. 101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
Section 45(d) of the Internal Revenue Code of 1986 (relating to
qualified facilities) is amended by striking ``2008'' each place it
appears and inserting ``2011''.
SEC. 102. EXTENSION AND EXPANSION OF CREDIT TO HOLDERS OF CLEAN
RENEWABLE ENERGY BONDS.
(a) In General.--Section 54(m) of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``2007'' and inserting
``2010''.
(b) Annual Volume Cap for Bonds Issued During Extension Period.--
Paragraph (1) of section 54(f) of the Internal Revenue Code of 1986
(relating to limitation on amount of bonds designated) is amended to
read as follows:
``(1) National limitation.--
``(A) Initial national limitation.--With respect to
bonds issued after December 31, 2005, and before
January 1, 2008, there is a national clean renewable
energy bond limitation of $800,000,000.
``(B) Annual national limitation.--With respect to
bonds issued after December 31, 2007, and before
January 1, 2011, there is a national clean renewable
energy bond limitation for each calendar year of
$800,000,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
Subtitle B--Conservation and Energy Efficiency Provisions
SEC. 111. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
Section 179D(h) of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking ``2007'' and inserting ``2010''.
SEC. 112. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.
(a) In General.--Subsection (g) of section 45L of the Internal
Revenue Code of 1986 (relating to new energy efficient home credit) is
amended to read as follows:
``(g) Termination.--This section shall not apply to--
``(1) any qualified new energy efficient home meeting the
energy saving requirements of subsection (c)(1) acquired after
December 31, 2010, and
``(2) any qualified new energy efficient home meeting the
energy saving requirements of paragraph (2) or (3) of
subsection (c) acquired after December 31, 2007.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the amendments made by section 1332 of the
Energy Policy Act of 2005.
SEC. 113. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT.
Section 25D(g) of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking ``2007'' and inserting ``2010''.
SEC. 114. EXTENSION OF BUSINESS SOLAR INVESTMENT TAX CREDIT.
Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) of the Internal
Revenue Code of 1986 (relating to termination) are each amended by
striking ``2008'' and inserting ``2011''.
Subtitle C--Alternative Fuels and Vehicles Incentives
SEC. 121. EXTENSION OF EXCISE TAX PROVISIONS AND INCOME TAX CREDIT FOR
BIODIESEL AND ALTERNATIVE FUELS.
(a) Biodiesel.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of
the Internal Revenue Code of 1986 are each amended by striking ``2008''
and inserting ``2010''.
(b) Alternative Fuel.--
(1) Fuels.--Sections 6426(d)(4) and 6427(e)(5)(C) of the
Internal Revenue Code of 1986 are each amended by striking
``September 30, 2009'' and inserting ``December 31, 2010''.
(2) Refueling property.--Section 30C(g) of such Code is
amended by striking ``2009'' and inserting ``2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2007.
SEC. 122. EXCEPTION FROM DEPRECIATION LIMITATION FOR CERTAIN
ALTERNATIVE AND ELECTRIC PASSENGER AUTOMOBILES.
(a) In General.--Paragraph (1) of section 280F(a) of the Internal
Revenue Code of 1986 (relating to limitation) is amended by adding at
the end the following new subparagraph:
``(D) Special rule for certain alternative motor
vehicles and qualified electric vehicles.--Subparagraph
(A) shall not apply to any motor vehicle for which a
credit is allowable under section 30 or 30B.''.
(b) Conforming Amendment.--Subparagraph (C) of section 280F(a)(1)
of the Internal Revenue Code of 1986 is amended by striking clause (ii)
and by redesignating clause (iii) as clause (ii).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
TITLE II--WEATHERIZATION ASSISTANCE
SEC. 201. PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
program to provide assistance to States for consultations with respect
to weatherization and energy efficiency of residences and small
businesses. Under the program, States shall provide information and
recommendations for achieving greater energy efficiency, but shall not
provide equipment or labor to achieve energy efficiency improvements.
(b) Eligibility.--
(1) States.--A State shall be eligible for assistance under
this section if it receives funding under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
(2) Recipients.--Residential consultations shall be
provided through the program established under this section
only with respect to residences for which the household income
does not exceed 200 percent of the State median income for
households of the same size.
(c) Definition.--For purposes of this section, the term ``small
businesses'' means small business concerns within the meaning of
section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
for carrying out this title $200,000,000 for each of the fiscal years
2007 through 2011. | Renewable Energy and Energy Efficiency Stimulus Act of 2006 - Amends the Internal Revenue Code to extend the time limits applicable to tax credits for: (1) electricity produced from certain renewable resources; (2) clean renewable energy bonds; (3) new energy efficient homes; (4) residential energy efficient property; (5) business solar investment; and (6) biodiesel and alternative fuels.
Extends the time limit for the deduction for energy efficient commercial buildings.
Declares inapplicable to certain qualified electric vehicles and alternative motor vehicles the depreciation limitation pertaining to luxury automobiles.
Instructs the Secretary of Energy to establish a program to provide assistance to states for consultations with respect to weatherization and energy efficiency of residences and small businesses. | {"src": "billsum_train", "title": "To extend the incentives for clean and renewable energy and its more efficient use."} | 1,610 | 158 | 0.514711 | 1.302072 | 0.618082 | 3.164286 | 8.821429 | 0.835714 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Economic Insurance
Tax Cut of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. 10-PERCENT INCOME TAX RATE BRACKET FOR INDIVIDUALS.
(a) Rates for 2001.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (d) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $19,000...............
10% of taxable income.
Over $19,000 but not over
$45,200.
$1,900, plus 15% of the excess
over $19,000.
Over $45,200 but not over
$109,250.
$5,830, plus 28% of the excess
over $45,200.
Over $109,250 but not over
$166,500.
$23,764, plus 31% of the excess
over $109,250.
Over $166,500 but not over
$297,350.
$41,511.50, plus 36% of the
excess over $166,500.
Over $297,350..................
$88,617.50, plus 39.6% of the
excess over $297,350.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $14,250...............
10% of taxable income.
Over $14,250 but not over
$36,250.
$1,425, plus 15% of the excess
over $14,250.
Over $36,250 but not over
$93,650.
$4,725, plus 28% of the excess
over $36,250.
Over $93,650 but not over
$151,650.
$20,797, plus 31% of the excess
over $93,650.
Over $151,650 but not over
$297,350.
$38,777, plus 36% of the excess
over $151,650.
Over $297,350..................
$91,229, plus 39.6% of the
excess over $297,350.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $9,500................
10% of taxable income.
Over $9,500 but not over
$27,050.
$950, plus 15% of the excess
over $9,500.
Over $27,050 but not over
$65,550.
$3,582.50, plus 28% of the
excess over $27,050.
Over $65,550 but not over
$136,750.
$14,362.50, plus 31% of the
excess over $65,550.
Over $136,750 but not over
$297,350.
$36,434.50, plus 36% of the
excess over $136,750.
Over $297,350..................
$94,250.50, plus 39.6% of the
excess over $297,350.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $9,500................
10% of taxable income.
Over $9,500 but not over
$22,600.
$950, plus 15% of the excess
over $9,500.
Over $22,600 but not over
$54,625.
$2,915, plus 28% of the excess
over $22,600.
Over $54,625 but not over
$83,250.
$11,882, plus 31% of the excess
over $54,625.
Over $83,250 but not over
$148,675.
$20,755.75, plus 36% of the
excess over $83,250.
Over $148,675..................
$44,308.75, plus 39.6% of the
excess over
$148,675.''.
(b) Inflation Adjustment To Apply in Determining Rates for 2002.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``2001'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``2000'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``2000'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 42(h)(3)(H)(i)(II).
(E) Section 59(j)(2)(B).
(F) Section 63(c)(4)(B).
(G) Section 68(b)(2)(B).
(H) Section 132(f)(6)(A)(ii).
(I) Section 135(b)(2)(B)(ii).
(J) Section 146(d)(2)(B).
(K) Section 151(d)(4).
(L) Section 220(g)(2).
(M) Section 221(g)(1)(B).
(N) Section 512(d)(2)(B).
(O) Section 513(h)(2)(C)(ii).
(P) Section 685(c)(3)(B).
(Q) Section 877(a)(2).
(R) Section 911(b)(2)(D)(ii)(II).
(S) Section 2032A(a)(3)(B).
(T) Section 2503(b)(2)(B).
(U) Section 2631(c)(2).
(V) Section 4001(e)(1)(B).
(W) Section 4261(e)(4)(A)(ii).
(X) Section 6039F(d).
(Y) Section 6323(i)(4)(B).
(Z) Section 6334(g)(1)(B).
(AA) Section 6601(j)(3)(B).
(BB) Section 7430(c)(1).
(2) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``2000''.
(d) Additional Conforming Amendments.--
(1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15
percent'' and inserting ``10 percent''.
(2) Section 1(h) is amended by striking paragraph (13).
(3) Section 3402(p)(1)(B) is amended by striking ``7, 15,
28, or 31 percent'' and inserting ``5, 10, 15, 28, or 31
percent''.
(4) Section 3402(p)(2) is amended by striking ``15
percent'' and inserting ``10 percent''.
(e) Determination of Withholding Tables.--Section 3402(a) (relating
to requirement of withholding) is amended by adding at the following
new paragraph:
``(3) Changes made by section 2 of the economic insurance
tax cut of 2001.--Notwithstanding the provisions of this
subsection, the Secretary shall modify the tables and
procedures under paragraph (1) through the reduction of the
amount of withholding required with respect to taxable years
beginning in calendar year 2001 to reflect the effective date
of the amendments made by section 2 of the Economic Insurance
Tax Cut of 2001, and such modification shall take effect on the
first day of the first month beginning after the date of the
enactment of such Act.''
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Amendments to withholding provisions.--The amendments
made by paragraphs (3) and (4) of subsection (d) shall apply to
amounts paid after December 31, 2000. | Economic Insurance Tax Cut of 2001 - Amends the Internal Revenue Code to add a 10-percent income tax rate bracket. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a 10-percent income tax rate bracket, and for other purposes."} | 2,105 | 28 | 0.402715 | 0.898975 | 0.177049 | 3.869565 | 76.173913 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institutes of Health EPSCoR
Program Act of 2001''.
SEC. 2. EPSCOR PROGRAM AT NATIONAL INSTITUTES OF HEALTH.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended--
(1) in section 402--
(A) by striking subsection (g); and
(B) by redesignating subsections (h) through (l) as
subsections (g) through (k), respectively; and
(2) by adding at the end the following:
``SEC. 404E. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
``(a) In General.--
``(1) Enhancing research competitiveness of eligible
institutions.--The Director of NIH, acting through the Director
of the National Center for Research Resources, shall in
accordance with this section establish a program for the
purpose of enhancing the competitiveness of eligible
institutions in obtaining funds from the national research
institutes for conducting biomedical and behavioral research.
``(2) Eligible institutions; epscor states, committees, and
fiscal agents.--In this section:
``(A) Eligible institution.--The term `eligible
institution' means a research entity located in an
EPSCoR State.
``(B) Research entity.--The term `research entity'
means a non-Federal entity that conducts biomedical or
behavioral research, including an individual or
organization.
``(C) Epscor state.--The term `EPSCoR State' means
a State for which--
``(i) the aggregate success rate for
applications submitted to the national research
institutes by research entities in the State
has historically constituted a low success rate
of obtaining funds from such institutes,
relative to such aggregate rate for research
entities in other States; or
``(ii) the average of the annual aggregate
amount of funds received for the 5 preceding
fiscal years by research entities in such State
pursuant to successful such applications was
not more than 1.08 percent of the total amount
that was received during such years by research
entities in the States under grants,
cooperative agreements, and contracts awarded
by the national research institutes to support
the conduct of biomedical and behavioral
research.
``(D) NIH epscor committee.--
``(i) In general.--The term `NIH EPSCoR
committee' means, with respect to an EPSCoR
State, the single committee established for the
State under section 113 of the National Science
Foundation Authorization Act of 1988 (Public
Law 100-570), except as provided in clause
(ii).
``(ii) Exception.--A committee referred to
in clause (i) is not an NIH EPSCoR committee
for a State for purposes of this section
unless, when such committee carries out
activities pursuant to this section, the
following conditions are met:
``(I) The membership of the
committee includes individuals who are
representatives from the principal
nonprofit and for-profit biomedical and
behavioral research entities in the State.
``(II) The membership of the
committee includes representatives of
the State legislature and the office of
the Governor.
``(III) The membership of the
committee shall serve staggered 4 year
terms.
``(E) Epscor state fiscal agent.--The term `EPSCoR
State fiscal agent' means a fiscal intermediary that
has been approved by an NIH EPSCoR committee for a
State, and that acts on behalf of such committee by
submitting applications to the Federal Government for
awards of grants, cooperative agreements, and
contracts, and by disbursing amounts from such awards.
``(b) Technical Assistance; Research Plans.--The Director of NIH
may under subsection (a) enhance the competitiveness of eligible
institutions through (directly or by grant or contract)--
``(1) providing technical assistance to such institutions,
including technical assistance in the preparation of
applications for obtaining funds from the national research
institutes;
``(2) assisting the institutions in developing a plan for
biomedical or behavioral research proposals; and
``(3) assisting the institutions in implementing such plan.
``(c) Formula Grants for Increasing Institutional Capacity.--
``(1) In general.--In the case of each EPSCoR State fiscal
agent that in accordance with paragraph (3) submits to the
Director of NIH an application for a fiscal year, the Director
shall under subsection (a) make an award of a grant or
cooperative agreement for the fiscal year to such agent for
disbursement to eligible institutions in such State to carry
out the purposes described in paragraph (2) (subject to amounts
being appropriated under subsection (e) for the fiscal year).
The grant shall consist of the allotment determined for the
State under paragraph (4).
``(2) Authorized expenditures.--The purposes referred to in
paragraph (1) with respect to an EPSCoR State are as follows:
``(A) Improving the capacity of eligible
institutions in the State to conduct biomedical and
behavioral research through providing for faculty-
related enhancement and development programs (or other
programs regarding professional staff); student
programs; training programs; obtaining equipment,
including instrumentation; obtaining facilities,
including the construction or renovation of facilities;
establishing collaborative professional relationships
with other public or private research entities; and
other programs or activities determined by the Director
of NIH to be appropriate.
``(B) Carrying out projects that will have
significant short-term impact with respect to improving
the capacity of the institutions to conduct biomedical
and behavioral research.
``(3) Application for grant; certain requirements.--An
application under paragraph (1) for an award for a fiscal year
regarding an EPSCoR State is in accordance with this paragraph
if the following conditions are met:
``(A) The application identifies the specific needs
of eligible institutions in the EPSCoR State with
respect to the purposes described in subparagraphs (A)
and (B) of paragraph (2), including identifying the
categories of research that are to receive priority.
``(B) The application contains a plan for obtaining
public or private funds (other than from awards under
paragraph (1)) to continue in effect the improvements
to be made with respect to such institutions pursuant
to the award.
``(C) The EPSCoR State fiscal agent agrees that,
not later than 60 days after the end of the fiscal
year, the agent will submit to the Director of NIH a
report describing the purposes for which the award was
obligated or expended.
``(D) The application meets such additional
requirements as the Director of NIH may establish,
except that the Director may not require that non-
Federal contributions be provided as a condition of
receiving the award.
``(E) The NIH EPSCoR committee for the State has
approved the application as adequately meeting the
conditions described in subparagraphs (A) through (D).
``(4) Amount of award.--For purposes of paragraph (1), an
allotment for an EPSCoR State for a fiscal year is determined
in accordance with this paragraph if the allotment is the
quotient of--
``(A) the amount appropriated under subsection (e)
and available for awards under paragraph (1); divided
by
``(B) the number of EPSCoR States for which
applications for awards under paragraph (1) for the
fiscal year are submitted in accordance with paragraph
(3).
``(d) EPSCoR Cofunding Program.--
``(1) In general.--The Director of NIH shall under
subsection (a) make awards of grants to eligible institutions
for the purpose of carrying out projects of research within
categories identified under subsection (c)(3)(A) as priorities
for the eligible institutions involved.
``(2) Cofunding.--
``(A) In general.--The Director of NIH may make an
award under paragraph (1) only if, in addition to such
award, the project involved will receive funding from
one or more other programs that are carried out by any
of the national research institutes (which other
programs are in this subsection referred to as `Coprograms').
``(B) Allocation between programs.--Of the total
amount made available for a project of an eligible
institution pursuant to an award under paragraph (1)
and awards under the Coprograms involved, not more than
50 percent may be provided in the award under paragraph
(1).
``(3) Priorities.--In making awards under paragraph (1),
the Director of NIH shall give priority to the following
projects:
``(A) Projects whose principal researchers will be
individuals who have not previously served as principal
researchers of projects supported by any of the
national research institutes.
``(B) With respect to the process for peer review
of applications for awards, projects whose applications
under Coprograms were approved in such process but
whose rankings precluded the provision of awards.
``(C) Projects that involve multiple areas of
research, each of which areas has, at the eligible
institution involved, received funding under this
section.
``(4) Certain requirements.--An award under paragraph (1)
may be made only if the application for the award meets the
following requirements:
``(A) The application identifies the specific
activities to be carried out with respect to the
purpose described in paragraph (1).
``(B) The application meets such additional
requirements as the Director of NIH may establish.
``(C) The NIH EPSCoR committee for the State has
approved the application as meeting the requirements
under this paragraph, and as being consistent with the
strategy adopted by the State with respect to the
purpose described in subsection (a)(1).
``(e) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $200,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the fiscal years 2003 through
2006.
``(2) Allocation regarding technical assistance and
research plans.--Of the amounts appropriated under paragraph
(1) for a fiscal year, the Director of NIH shall reserve not to
exceed 10 percent for carrying out subsection (b).
``(3) Allocation regarding formula grants for increasing
institutional capacity; allocation regarding cofunding
program.--Of the amounts appropriated under paragraph (1) for a
fiscal year and available after compliance with paragraph (2),
the Director of NIH shall reserve--
``(A) with respect to fiscal year 2002--
``(i) 80 percent of such amounts for awards
under subsection (c); and
``(ii) 20 percent of such amounts for
awards under subsection (d)(1);
``(B) with respect to fiscal year 2003--
``(i) 70 percent of such amounts for awards
under subsection (c); and
``(ii) 30 percent of such amounts for
awards under subsection (d)(1);
``(C) with respect to fiscal year 2004--
``(i) 60 percent of such amounts for awards
under subsection (c); and
``(ii) 40 percent of such amounts for
awards under subsection (d)(1); and
``(D) with respect to each of fiscal years 2005 and
2006--
``(i) 50 percent of such amounts for awards
under subsection (c); and
``(ii) 50 percent of such amounts for
awards under subsection (d)(1).
``(4) Additional funding for cofunding program.--In
addition to amounts reserved under paragraph (3) for making
awards under subsections (c) and (d)(1), the Director of NIH
shall reserve for making such awards all savings in the
indirect costs of projects of research supported by the
national research institutes that are achieved as a result of
carrying out projects in EPSCoR States rather than in other
States. Such savings shall be calculated based on the previous
5 year average of the actual amounts paid to each State in
indirect costs. Such additional funding from indirect cost
savings shall be allocated in a manner consistent with
paragraph (3).
``(f) Reports.--
``(1) To the state.--The NIH EPSCoR committee of a State
shall annually submit to the State a report on the activities
carried out under this section in the State.
``(2) To nih.--The State shall forward a copy of each
report received under paragraph (1) to the Director of NIH.''. | National Institutes of Health EPSCoR Program Act of 2001 - Amends the Public Health Service Act to revise the program for enhancing the competitiveness of entities conducting biomedical and behavioral research in obtaining funds from the National Research Institutes. Establishes a new experimental program to stimulate competitive research (EPSCoR) to enhance the research competitiveness of a non-Federal entity located in an EPSCoR State (as defined in this Act). Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the operation by the National Institutes of Health of an experimental program to stimulate competitive research."} | 2,764 | 112 | 0.639581 | 1.619431 | 0.809566 | 3.468354 | 33.025316 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Equity for Adoptive Families
Act of 1995''.
SEC. 2. LEAVE REQUIREMENT.
(a) In General.--An employee who needs leave because of the
placement of a son or daughter with the employee for adoption or foster
care shall be entitled to any leave benefit provided by the employee's
employer to an employee who needs leave--
(1) to care for the employee's newborn biological child, or
(2) to recover from the employee's own illness, injury, or
disability.
(b) Expiration of Entitlement.--Leave because of the placement of a
son or daughter with the employee for adoption or foster care under
subsection (a) shall commence no later than 12 months after the
placement of a child with the employee for adoption or foster care.
SEC. 3. CIVIL ACTION.
(a) In General.--Subject to the limitations contained in this
section, any person may bring a civil action against an employer to
enforce the provisions of section 2 in any appropriate court of the
United States or in any State court of competent jurisdiction.
(b) Timing of Commencement of Civil Action.--No civil action may be
commenced under subsection (a) later than 1 year after the date of the
last event that constitutes the alleged violation of section 2.
(c) Venue.--An action brought under subsection (a) in a district
court of the United States may be brought in any appropriate judicial
district under section 1391 of title 28, United States Code.
(d) Relief.--In any civil action brought under subsection (a), the
court may--
(1) grant as relief against any respondent that violates
section 2--
(A) any permanent or temporary injunction,
temporary restraining order, or other equitable relief
as the court determines appropriate,
(B) damages in an amount equal to any wages,
salary, employment benefits, or other compensation
denied or lost to the employee bringing the action by
reason of the violation of section 2 or in a case in
which wages, salary, employment benefits, or other
compensation have not been denied or lost to the
employee, any actual monetary losses sustained by the
employee as a direct result of such violation,
including the cost of providing care, up to an amount
equal to 12 weeks of wages or salary for the employee,
and
(C) interest at the prevailing rate on the total
monetary damages calculated under subparagraph (B), and
(2) award to a prevailing party (other than the United
States) in the action a reasonable attorney's fee and expert
witness fee.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed to require an employer to
provide any leave benefit that the employer would not otherwise have
provided to an employee to care for a newborn biological child or to
recover from the employee's illness, injury, or disability.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Employee.--The term ``employee'' means any individual
employed by an employer.
(2) Employer.--The term ``employer'' means any person
engaged in commerce or in any industry or activity affecting
commerce. The terms ``commerce'' and ``industry affecting
commerce'' mean any activity, business, or industry in commerce
or in which a labor dispute would hinder or obstruct commerce
or the free flow of commerce and includes such terms as defined
in section 120 of the Labor Management Relations Act, 1947.
(3) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including health insurance, sick leave, annual
leave, parental leave, and disability leave regardless of
whether such benefits are provided by a policy or practice of
an employer or through an ``employee welfare benefit plan'', as
defined in section 3(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(1)).
(4) Leave benefit.--The term ``leave benefit'' means--
(A) any sick or parental leave provided by an
employer,
(B) any right to reemployment with the employer
after the leave described in subparagraph (A); and
(C) any right to the receipt of pay or employment
benefits, or the accrual of seniority, during the leave
described in subparagraph (A).
(5) Parent.--The term ``parent'' means the biological
parent, adoptive parent, prospective adoptive parent, foster
parent, legal guardian, or stepparent, of a child.
(6) Parental leave.--The term ``parental leave'' means any
leave to enable a parent to care for a newborn biological
child.
(7) Placement.--The term ``placement'' means the
introduction of a child into a family or the process to bring
about the introduction of a child into a family.
(8) Sick leave.--The term ``sick leave'' means any leave
provided by an employer to enable an employee to recover from
an illness, injury, or disability.
(9) Son or daughter.--The term ``son or daughter'' means a
biological or adopted child, a foster child, a stepchild, a
legal ward, or a child placed for adoption. | Leave Equity for Adoptive Families Act of 1995 - Entitles any employee who needs it, because of the placement of a child with that employee for adoption or foster care, to any leave benefit provided by the employer for care of an employee's newborn biological child or for recovery from the employee's own illness, injury, or disability. Requires that such leave commence no later than 12 months after such placement.
Authorizes civil actions to enforce this Act. | {"src": "billsum_train", "title": "Leave Equity for Adoptive Families Act of 1995"} | 1,178 | 101 | 0.604334 | 1.612768 | 1.3274 | 4.241379 | 12.448276 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research and Development Investment
Act''.
SEC. 2. REAUTHORIZE AND REVISE THE RENEWABLE ENERGY PRODUCTION
INCENTIVE PROGRAM.
(a) Incentive Payments.--Section 1212(a) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(a)) is amended by striking ``and which
satisfies'' and all that follows through ``Secretary shall establish.''
and inserting ``. If there are insufficient appropriations to make full
payments for electric production from all qualified renewable energy
facilities in any given year, the Secretary shall assign 60 percent of
appropriated funds for that year to facilities that use solar, wind,
geothermal, or closed-loop (dedicated energy crops) biomass
technologies to generate electricity, and assign the remaining 40
percent to other projects. The Secretary may, after transmitting to the
Congress an explanation of the reasons therefor, alter the percentage
requirements of the preceding sentence.''.
(b) Qualified Renewable Energy Facility.--Section 1212(b) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
(1) by striking ``a State or any political'' and all that
follows through ``nonprofit electrical cooperative'' and
inserting ``a not-for-profit electric cooperative, a public
utility described in section 115 of the Internal Revenue Code
of 1986, a State, Commonwealth, territory, or possession of the
United States or the District of Columbia, or a political
subdivision thereof, or an Indian tribal government of
subdivision thereof,''; and
(2) by inserting ``landfill gas,'' after ``wind,
biomass,''.
(c) Eligibility Window.--Section 1212(c) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10-
fiscal year period beginning with the first full fiscal year occurring
after the enactment of this section'' and inserting ``after October 1,
2005, and before October 1, 2015''.
(d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill
gas,'' after ``wind, biomass,''.
(e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42
U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all
that follows through ``of this section'' and inserting ``September 30,
2025''.
(f) Authorization of Appropriations.--Section 1212(g) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2005 through 2025, to remain available until expended.''.
SEC. 3. EXTENSION AND EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES.
(a) Extension.--Section 45(d) of the Internal Revenue Code of 1986
(relating to qualified facilities) is amended by striking ``2006'' and
inserting ``2011''.
(b) Incremental Geothermal Energy and Incremental Hydropower
Production.--
(1) In general.--Section 45(c)(1) of the Internal Revenue
Code of 1986 (defining qualified energy resources) is amended
by striking ``and'' at the end of subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting a
comma, and by adding at the end the following new
subparagraphs:
``(H) incremental geothermal energy production, and
``(I) incremental hydropower production.''.
(2) Definition of resources.--Section 45(c) of such Code is
amended by adding at the end the following new paragraphs:
``(8) Incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any taxable year the excess of--
``(i) the total kilowatt hours of
electricity produced from an incremental
geothermal facility described in subsection
(d)(9), over
``(ii) the average annual kilowatt hours
produced at such facility for 5 of the previous
7 calendar years before the date of the
enactment of this paragraph after eliminating
the highest and the lowest kilowatt hour
production years in such 7-year period.
``(B) Special rule.--A facility described in
subsection (d)(9) which was placed in service at least
7 years before the date of the enactment of this
paragraph shall commencing with the year in which such
date of enactment occurs, reduce the amount calculated
under subparagraph (A)(ii) each year, on a cumulative
basis, by the average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such cumulative
sum not to exceed 30 percent.
``(9) Incremental hydropower production.--
``(A) In general.--The term `incremental hydropower
production' means for any taxable year an amount equal
to the percentage of total kilowatt hours of
electricity produced from an incremental hydropower
facility described in subsection (d)(10) attributable
to efficiency improvements or additions of capacity as
determined under subparagraph (B).
``(B) Determination of incremental hydropower
production.--For purposes of subparagraph (A),
incremental hydropower production for any incremental
hydropower facility for any taxable year shall be
determined by establishing a percentage of average
annual hydropower production at the facility
attributable to the efficiency improvements or
additions of capacity using the same water flow
information used to determine an historic average
annual hydropower production baseline for such
facility. Such percentage and baseline shall be
certified by the Federal Energy Regulatory Commission.
For purposes of the preceding sentence, the
determination of incremental hydropower production
shall not be based on any operational changes at such
facility not directly associated with the efficiency
improvements or additions of capacity.''.
(3) Facilities.--Section 45(d) of such Code (relating to
qualified facilities) is amended by adding at the end the
following new paragraphs:
``(9) Incremental geothermal facility.--In the case of a
facility using incremental geothermal to produce electricity,
the term `qualified facility' means any facility owned by the
taxpayer which is originally placed in service before the date
of the enactment of this paragraph, but only to the extent of
its incremental geothermal production. In the case of a
qualified facility described in the preceding sentence, the 10-
year period referred to in subsection (a) shall be treated as
beginning not earlier than such date of enactment. Such term
shall not include any property described in section 48(a)(3)
the basis of which is taken into account by the taxpayer for
purposes of determining the energy credit under section 48.
``(10) Incremental hydropower facility.--In the case of a
facility using incremental hydropower to produce electricity,
the term `qualified facility' means any non-Federal
hydroelectric facility owned by the taxpayer which is
originally placed in service before the date of the enactment
of this paragraph, but only to the extent of its incremental
hydropower production. In the case of a qualified facility
described in the preceding sentence, the 10-year period
referred to in subsection (a) shall be treated as beginning not
earlier than such date of enactment.''.
(c) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after December 31, 2005.
SEC. 4. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. RESIDENTIAL SOLAR AND GEOTHERMAL PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 10 percent of the qualified
energy property expenditures made by the taxpayer during such year.
``(b) Limitations.--No credit shall be allowed under this section
for an item of property unless--
``(1) the original use of such property commences with the
taxpayer,
``(2) such property reasonably can be expected to remain in
use for at least 5 years, and
``(3) such property is installed on or in connection with a
dwelling unit located in the United States and used as a
residence by the taxpayer.
``(c) Qualified Energy Property Expenditures.--For purposes of this
section, the term `qualified energy property expenditure' means an
expenditure for energy property (as defined in paragraph (3) of section
48(a) (determined without regard to subparagraphs (B) and (C) thereof).
``(d) Special Rules.--For purposes of this section--
``(1) Solar panels.--No expenditure relating to a solar
panel or other property installed as a roof (or portion
thereof) shall fail to be treated as property described in
subsection (c) solely because it constitutes a structural
component of the structure on which it is installed.
``(2) Swimming pools, etc., used as storage medium.--
Expenditures which are properly allocable to a swimming pool,
hot tub, or any other energy storage medium which has a
function other than the function of such storage shall not be
taken into account for purposes of this section.
``(3) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals, the following rules shall apply:
``(A) The amount of the credit allowable under
subsection (a) by reason of expenditures made during
such calendar year by any of such individuals with
respect to such dwelling unit shall be determined by
treating all of such individuals as 1 taxpayer whose
taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(4) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made the individual's
tenant-stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(5) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
the individual's proportionate share of any
expenditures of such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(6) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(7) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(8) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(4)(C)).
``(e) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(32) to the extent provided in section 25C(e), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Residential solar and geothermal property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2004.
SEC. 5. DELAY IN PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLES.
(a) In General.--Section 179A(b)(1)(B) of the Internal Revenue Code
of 1986 (relating to phaseout) is amended by striking ``2005'' and
inserting ``2006''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2005.
SEC. 6. DELAY IN PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Section 30(b)(2) of the Internal Revenue Code of
1986 (relating to phaseout) is amended by striking ``2005'' and
inserting ``2006''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2005. | Research and Development Investment Act - Amends the Energy Policy Act of 1992 to: (1) direct the Secretary of Energy, if there are insufficient appropriations in any given year, to assign 60 percent of appropriated funds under the renewable energy production incentive program to facilities that use solar, wind, geothermal, or closed-loop biomass to generate electricity; (2) redefine "qualified renewable energy facility"; (3) extend the eligibility period for payments under the program through FY2015; (4) include landfill gas as a renewable energy resource; and (5) extend the termination date and program funding through FY2025.
Amends the Internal Revenue Code to: (1) extend the tax credit for production of electricity from certain renewable resources until 2011; (2) include incremental geothermal and hydropower facilities as qualified energy resources for purposes of such credit; (3) allow a tax credit for 10 percent of residential solar and geothermal energy property expenditures; and (4) delay the phaseout of the tax deduction for clean-fuel vehicles and the tax credit for qualified electric vehicles until 2006. | {"src": "billsum_train", "title": "A bill to reauthorize and revise the Renewable Energy Production Incentive program, and for other purposes."} | 3,504 | 219 | 0.570152 | 1.606731 | 0.827478 | 2.77619 | 14.27619 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Protection Training Institute
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is no mandatory Federal training requirement for
State, local, tribal, and territorial food protection
officials, and training varies by State.
(2) In June 2000, the Office of the Inspector General
(``OIG'') of the Department of Health and Human Services
released a report on oversight by the Food and Drug
Administration (``FDA'') of State food inspection contracts. In
this report the OIG recommended that FDA take steps to promote
equivalency among Federal and State food safety standards,
inspection programs, and enforcement practices.
(3) Under contract with the FDA, State employees perform
over half of all FDA inspections at domestic food processing
plants. Inspections are performed under State laws and
authorities, the provisions of the Federal Food, Drug, and
Cosmetic Act, or both. In fiscal year 2008, States conducted
approximately 10,500 FDA food contract inspections. Overall,
States conduct nearly 80,000 inspections annually of food
processing plants, but the majority of these inspections are
not recognized by FDA as meeting any standard.
(4) No national accreditation process exists to assure
State and local food protection programs provide adequate
protections to ensure effectiveness or equivalency to Federal
programs.
SEC. 3. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE.
Subchapter D of chapter VII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379k et seq.) is amended by adding at the end the
following:
``SEC. 747. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE.
``(a) Definitions.--In this section--
``(1) the term `food protection' means government
regulatory or public health activities and programs at the
Federal, State, or local level that are targeted at ensuring
the safety or defense of the food supply--
``(A) from natural, accidental, or intentional
contamination; and
``(B) through prevention, intervention, response to
food contamination events, or recovery of food systems
to restore economic stability and public confidence
after a food contamination event;
``(2) the term `food protection officials'--
``(A) means government employees at the Federal,
State, or local level that have direct responsibilities
for food protection; and
``(B) includes environmental health workers,
sanitarians, food regulatory officials, investigators,
communicable disease workers, epidemiologists,
laboratory workers, and toxicologists; and
``(3) the term `food regulatory officials' includes
inspectors responsible for enforcing the food protection
provisions of this Act.
``(b) Authority of the Secretary.--
``(1) General duties.--The Secretary shall, not later than
120 days after the date of enactment of this section--
``(A) create a list of uniform food protection
training standards for Federal, State, and local food
regulatory officials and food protection officials as a
part of overall regulatory program standards in
consultation with--
``(i) a national association of food
protection officials that has membership open
to food protection officials from all States;
``(ii) State agencies responsible for food
protection; and
``(iii) local agencies responsible for food
protection; and
``(B) ensure funding is used to advance food
protection and the effectiveness and equivalency
throughout the food protection system of the Nation
through a responsive and preventive controls framework
in an effort to build capacity and create a more
integrated national food protection system.
``(2) Duties with respect to the institute.--The Secretary
shall, not later than 120 days after the date of enactment of
this section--
``(A) in cooperation with the organization
described in paragraph (1)(A)(i), provide financial,
technical, and other assistance to establish and
maintain a Food Protection Training Institute that--
``(i) conducts training activities that--
``(I) address food protection
inspection training standards as
directed by the Secretary in paragraph
(1); and
``(II) meet any program standards
developed by the Secretary under
paragraph (1);
``(ii) prior to fiscal year 2010, applied
for determination as, or had been determined to
be, an entity described in section 501(c)(3) of
the Internal Revenue Code of 1986;
``(iii) has demonstrated the resources to
commit to training no less than 750 food
protection officials during fiscal year 2010
and no less than 3,000 food protection
officials during fiscal year 2013; and
``(iv) is governed by a board of directors
that--
``(I) as of the date of
establishment, includes--
``(aa) a representative
from a national association
which has, as of fiscal year
2010--
``(AA) tax exempt
status under section
501(c)(3) of the
Internal Revenue Code
of 1986;
``(BB) membership
open to food protection
officials from all
States; and
``(CC) governing
officers who are State
food regulatory program
officials;
``(bb) a representative
from a private foundation with
assets in excess of
$5,000,000,000 as of fiscal
year 2010; and
``(cc) a representative of
a Land Grant university; and
``(II) as of fiscal year 2010, has
received financial support of at least
$1,000,000 from a private foundation
with assets in excess of
$5,000,000,000; and
``(B) ensure that the activities conducted and
assistance provided at such Institute at a minimum
include--
``(i) providing career-specific and career-
spanning skills training and continuing
education for food protection officials and
food regulatory officials that include--
``(I) entry level, core job
training;
``(II) intermediate level and
continuing education training;
``(III) advanced level training in
specialized areas of food protection;
and
``(IV) training of elite or expert
level food protection officials;
``(ii) developing and using multiple and
advanced training approaches to reach food
protection officials including face-to-face
courses, on-the-job training, multi-media
approaches, distance learning, web-based
courses, and other innovative and effective
methods;
``(iii) developing criteria and assessing
measurable training outcomes;
``(iv) developing instructor curriculum and
delivery assessment;
``(v) assessing and reporting to the
Secretary of efforts leading to leveraging food
protection capability and capacity to support a
national integrated food protection system; and
``(vi) establishing methods to provide
timely training in response to emerging food
protection events in order to minimize public
health impacts and recovery.
``(c) Duties of the Food Protection Training Institute.--The Food
Protection Training Institute established under subsection (b) shall
carry out activities to improve the safety of the United States food
supply, including--
``(1) advancing the effectiveness and equivalency
throughout the food protection system of the Nation;
``(2) improving the response and prevention controls
capabilities of the national food protection system;
``(3) building capacity and the integration of the national
food protection system;
``(4) providing training and technical assistance with
respect to food establishment inspections that meet any program
standards developed by the Secretary under subsection (b)(1);
``(5) offering onsite and offsite training for food
protection officials from all States;
``(6) establishing a national network of trained
professionals to present training programs and workshops for
food protection officials;
``(7) developing training materials for use in such
programs and workshops;
``(8) acting as a clearinghouse for research, studies, and
findings concerning all aspects of food protection programs,
including--
``(A) conducting and funding research to improve
the effectiveness of food establishment inspection; and
``(B) conducting and funding research to improve
the effectiveness of the duties of food protection
officials;
``(9) training food protection officials to comply with
standards established by the Secretary through a national
network of instructors or other means;
``(10) preparing informational materials to promote more
efficient and thorough food protection inspections;
``(11) assisting State agencies in providing additional
instructions and instructors, including training personnel to
comply with the guidance and objectives established by the
Secretary; and
``(12) any other activities determined appropriate by the
Secretary.
``(d) Accountability.--
``(1) Report to the secretary.--On an annual basis, the
board of directors of the Institute established under
subsection (b) shall submit to the Secretary a report that
describes the activities and progress of such Institute carried
out under this section during the previous year.
``(2) Report to congress.--On an annual basis, the
Secretary shall submit to Congress a report that describes the
activities and progress of the Secretary and the Institute
established under subsection (b) carried out under this section
during the previous year.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 2010;
``(2) $25,000,000 for fiscal year 2011; and
``(3) $30,000,000 for each of fiscal years 2012, 2013, and
2014.''. | Food Protection Training Institute Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to: (1) create a list of uniform food protection training standards for federal, state, and local food regulatory officials and food protection officials as part of overall regulatory program standards; and (2) ensure funding is used to advance food protection and effectiveness and equivalency throughout the food protection system.
Directs the Secretary to provide assistance to establish and maintain a Food Protection Training Institute to conduct activities to improve the safety of the U.S. food supply, including: (1) improving the response and prevention controls capabilities of the national food protection system; and (2) acting as a clearinghouse for research, studies, and findings concerning all aspects of food protection programs. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish a Food Protection Training Institute, and for other purposes."} | 1,984 | 167 | 0.5926 | 1.586226 | 0.77288 | 5.496855 | 12.622642 | 0.968553 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``One Church, One Child Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Many States are facing serious shortages of qualified
foster parents and qualified adoptive parents.
(2) A 2002 report by the National Conference of State
Legislatures found that, while the number of children in foster
care increased by 68 percent between 1984 and 1995, the number
of foster parents decreased by 4 percent during the same
period.
(3) The shortage of adoptive parents is equally dire--while
only 50,000 children were adopted out of foster care in 2001,
as many as 126,000 children were awaiting adoption. On average,
each of these waiting children had been in foster care for 44
months.
(4) The rapid increase in the annual number of adoptions
from foster care since the enactment of the Adoption and Safe
Families Act of 1997 has created a growing need for post-
adoption services and for service providers with the knowledge
and skills required to address the unique issues adoptive
families and children may face.
(5) One Church, One Child is a national faith and
community-based foster care and adoption ministry established
in Chicago, Illinois, in 1980 by Father George Clements, whose
mission is to provide comprehensive services that promote the
well-being of at-risk children and the strengthening and
empowerment of adoptive, foster, and kinship families. Since
its formation, the organization and programs based on its model
have successfully placed more than 140,000 children in adoptive
families nationwide.
(6) Despite its success as a model for providing
recruitment, training, and support services for certified
foster and adoptive parents, One Church, One Child programs and
programs based on this concept have received limited federal
funding.
(7) The creation of a federally-funded grant program to
support the establishment and expansion of programs for the
recruitment of foster parents and adoptive parents which are
modeled on the One Church, One Child concept will benefit the
Nation's abused and neglected children by increasing the pool
of qualified adoptive parents and qualified foster parents.
SEC. 3. ONE CHURCH, ONE CHILD GRANTS.
Part E of title IV of the Social Security Act (42 U.S.C. 670-679b)
is amended by adding at the end the following:
``SEC. 479B. ONE CHURCH, ONE CHILD GRANTS.
``(a) Competitive Grants to Eligible Entities to Conduct One
Church, One Child Foster Parent and Adoption Parent Recruitment
Programs.--
``(1) Grant authority.--
``(A) In general.--The Secretary shall make grants,
on a competitive basis, to eligible entities to support
the establishment or expansion of programs that use
networks of public, private and faith-based
organizations to recruit and train qualified foster
parents and qualified adoptive parents and provide
support services to adoptive and foster children and
their families.
``(B) Eligible entity.--In this section, the term
`eligible entity' means a State or local government,
local public agency, community-based or nonprofit
organization, or private entity, including any
charitable or faith-based organization, that submits to
the Secretary, at such time, in such form, and in such
manner as the Secretary may require, an application
that contains such information as the Secretary may
require and the following:
``(i) Project description.--A description
of the programs or activities the entity
intends to carry out with funds provided under
this section, including an estimate of the
number of children to be served under such
programs or activities and a description of the
services to be provided to prospective adoptive
and foster parents, including post-placement
supportive services.
``(ii) Coordination of efforts.--A
description of how the entity will coordinate
and cooperate with State and local entities
responsible for carrying out programs related
to the recruitment of foster parents and
adoptive parents, and with the national
clearinghouse established under section 479C.
``(iii) Records, reports, and audits.--An
agreement to maintain such records, submit such
reports, and cooperate with such reviews and
audits as the Secretary finds necessary for
purposes of oversight.
``(2) Definition of state.--In this section, the term
`State' means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(3) Limitations on authorization of appropriations.--To
carry out this section, there are authorized to be appropriated
to the Secretary not more than $20,000,000 for each of fiscal
years 2005 through 2009.
``(4) 3-year availability of grant funds.--An eligible
entity to which a grant is made under this section for a fiscal
year shall remit to the Secretary any part of the grant that is
not expended by the end of the second succeeding fiscal year,
together with any earnings on such unexpended amount.
``(5) Redistribution of unused grant funds.--The Secretary
shall redistribute any funds remitted under paragraph (4) among
eligible entities that the Secretary determines have a need for
additional funds to carry out the programs and activities
referred to in paragraph (1)(B)(i).
``(b) Provisions Relating to Religious Organizations.--
``(1) Nondiscrimination.--For the purpose of awarding
grants under this section, the Secretary shall consider
religious organizations on the same basis as other
nongovernmental organizations, so long as the grant is to be
implemented in a manner consistent with the Establishment
Clause of the First Amendment to the Constitution of the United
States. A State or local government receiving funds under this
section shall not discriminate against an organization that
seeks to participate in a program funded under this section on
the basis that the organization has a religious character.
``(2) Noninterference.--Neither the Federal Government nor
a State or local government shall require a religious
organization--
``(A) to alter its form of internal governance; or
``(B) to remove from its premises religious art,
icons, scripture, or other symbols,
in order to be eligible to receive a grant under this section
or to participate in a program funded under this section.
``(3) Limitations on use of funds.--Funds provided directly
to a religious organization to carry out a program funded under
this section shall not be expended for sectarian worship,
instruction, or proselytization.
``(4) Fiscal accountability.--
``(A) In general.--Except as provided in paragraph
(B), a religious organization receiving funds under
this section shall be subject to the same regulations
as other nongovernmental organizations to account in
accord with generally accepted accounting principles
for the use of such funds.
``(B) Separation of funds.--Such an organization
shall keep all funds provided under this section in an
account separate from all other funds of the
organization.''.
SEC. 4. NATIONAL CLEARINGHOUSE FOR ADOPTION PROMOTION AND FOSTER PARENT
PROGRAMS; ANNUAL REPORT TO CONGRESS.
Part E of title IV of the Social Security Act (42 U.S.C. 670-679b)
is further amended by adding at the end the following:
``SEC. 479C. NATIONAL CLEARINGHOUSE FOR ADOPTION PROMOTION AND FOSTER
PARENT RECRUITMENT PROGRAMS; ANNUAL REPORT TO CONGRESS.
``(a) National Clearinghouse for Adoption Promotion and Foster
Parent Recruitment Programs.--
``(1) National clearinghouse.--
``(A) In general.--The Secretary shall enter into a
contract with a nationally recognized, nonprofit
adoption promotion and foster parent recruitment
organization described in subparagraph (B) to--
``(i) assist State and local governments,
local public agencies, community-based
organizations, nonprofit organizations, and
private entities, including charitable and
faith-based organizations in coordinating their
activities relating to recruitment of foster
parents and adoptive parents and the provision
of post-placement support to foster families
and adoptive families;
``(ii) design and provide technical
assistance and training for grantees and
identify and disseminate to grantees `best
practices' for recruiting and training
prospective foster and adoptive parents and
providing post-placement support to foster
families and adoptive families;
``(iii) collect information on the
effectiveness of the programs funded under
section 479B, including the number of children
placed under the programs, the number of foster
parents and adoptive parents recruited under
such programs, and such other data as the
Secretary requires for evaluating the
effectiveness of such programs; and
``(iv) assist the Secretary in the
preparation of the reports required by
subsection (b).
``(B) Nationally recognized, nonprofit adoption
promotion and foster parent recruitment organization
described.--The nationally recognized, nonprofit
adoption promotion and foster parent recruitment
organization described in this subparagraph is an
organization, selected by the Secretary on a
competitive basis, that--
``(i) has demonstrated experience in
providing consultation and training to faith-
based and community organizations interested in
adoption promotion and foster parent
recruitment;
``(ii) has an established national
reputation in working with faith-based and
community organizations to recruit and train
prospective foster and adoptive parents; and
``(iii) has extensive experience in
establishing and working with programs based on
the One Church, One Child model.
``(2) Limitations on authorization of appropriations.--To
carry out this subsection, there are authorized to be
appropriated not more than $1,000,000 for each of fiscal years
2005 through 2009.
``(b) Annual Reports.--Not later than 1 year after the date a grant
is first made under section 479B and annually thereafter, the Secretary
shall prepare and submit to the Congress a report that includes the
following with respect to the year involved:
``(1) A specification of the number of entities to which
grants have been made under section 479B.
``(2) A specification of the number of foster parents and
adoptive families recruited by the programs which have been
supported with the grants.
``(3) A specification of the number of children placed with
such foster parents and adoptive families, and the outcomes of
such placements.
``(4) Any other information that the Secretary determines
is relevant to the evaluation of the program under section
479B.''. | One Church, One Child Act of 2004 - Amends the Social Security Act to direct the Secretary of Health and Human Services to make competitive grants to support establishment and expansion of programs that use networks of public, private, and faith-based organizations to recruit and train foster and adoptive parents and provide support services to foster and adoptive children and their families. Makes eligible for such grants State or local governments, local public agencies, community-based or nonprofit organizations, or private entities, including charitable or faith-based organizations.
Directs the Secretary to provide for a National Clearinghouse for Adoption Promotion and Foster Parent Recruitment Programs through a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization. | {"src": "billsum_train", "title": "To provide for competitive grants for the establishment and expansion of programs that use networks of public, private, and faith-based organizations to recruit and train foster and adoptive parents and provide support services to foster children and their families."} | 2,282 | 150 | 0.582317 | 1.753424 | 0.682385 | 3.948529 | 15.742647 | 0.963235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``REIT Investment Diversification and
Empowerment Act of 2006''.
SEC. 2. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in the Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
TITLE I--FOREIGN CURRENCY AND OTHER QUALIFIED ACTIVITIES
SEC. 101. REVISIONS TO REIT INCOME TESTS.
(a) Addition of Permissible Income Categories.--Section 856(c)
(relating to limitations) is amended--
(1) by striking ``and'' at the end of paragraph (2)(G) and
by inserting after paragraph (2)(H) the following new
subparagraphs:
``(I) passive foreign exchange gains; and
``(J) any other item of income or gain as
determined by the Secretary;'', and
(2) by striking ``and'' at the end of paragraphs (3)(H) and
(3)(I) and by inserting after paragraph (3)(I) the following
new subparagraphs:
``(J) real estate foreign exchange gains; and
``(K) any other item of income or gain as
determined by the Secretary; and''.
(b) Rules Regarding Foreign Currency Transactions.--Section 856
(defining real estate investment trust) is amended by adding at the end
the following new subsection:
``(n) Rules Regarding Foreign Currency Transactions.--With respect
to any taxable year--
``(1) Real estate foreign exchange gains.--For purposes of
subsection (c)(3)(J), the term `real estate foreign exchange
gains' means--
``(A) foreign currency gains (as defined in section
988(b)(1)) which are attributable to--
``(i) any item described in subsection
(c)(3),
``(ii) the acquisition or ownership of
obligations secured by mortgages on real
property or on interests in real property
(other than foreign currency gains described in
clause (i)), or
``(iii) becoming or being the obligor under
obligations secured by mortgages on real
property or on interests in real property
(other than foreign currency gains described in
clause (i)),
``(B) gains described in section 987 attributable
to a qualified business unit (as defined by section
989) of the real estate investment trust, but only if
such qualified business unit meets the requirements
under--
``(i) subsection (c)(3) for the taxable
year; and
``(ii) subsection (c)(4)(A) at the close of
each quarter that the real estate investment
trust has directly or indirectly held the
qualified business unit, and
``(C) any other foreign currency gains as
determined by the Secretary.
``(2) Passive foreign exchange gains.--For purposes of
subsection (c)(2)(I), the term `passive foreign exchange gains'
means--
``(A) gains described under paragraph (1),
``(B) foreign currency gains (as defined in section
988(b)(1)) which are attributable to any item described
in subsection (c)(2) (other than those items includible
under subparagraph (A)), and
``(C) any other foreign currency gains as
determined by the Secretary.''.
(c) Addition to REIT Hedging Rule.--Subparagraph (G) of section
856(c)(5) is amended to read as follows:
``(G) Treatment of certain hedging instruments.--
Except to the extent as determined by the Secretary--
``(i) any income of a real estate
investment trust from a hedging transaction (as
defined in clause (ii) or (iii) of section
1221(b)(2)(A)) which is clearly identified
pursuant to section 1221(a)(7), including gain
from the sale or disposition of such a
transaction, shall not constitute gross income
under paragraphs (2) and (3) to the extent that
the transaction hedges any indebtedness
incurred or to be incurred by the trust to
acquire or carry real estate assets, and
``(ii) any income of a real estate
investment trust from a transaction entered
into by the trust primarily to manage risk of
currency fluctuations with respect to any item
described in paragraphs (2) and (3), including
gain from the termination of such a
transaction, shall not constitute gross income
under paragraphs (2) and (3), but only if such
transaction is clearly identified as such
before the close of the day on which it was
acquired, originated, or entered into (or such
other time as the Secretary may prescribe).''.
(d) Authority to Exclude Items of Income From REIT Income Tests.--
Section 856(c)(5) is amended by adding at the end the following new
subparagraph:
``(H) Secretarial authority to exclude other items
of income.--The Secretary is authorized to determine
whether any item of income or gain which does not
otherwise qualify under paragraph (2) or (3) may be
considered as not constituting gross income solely for
purposes of this part.''.
SEC. 102. REVISIONS TO REIT ASSET TESTS.
(a) Clarification of Valuation Test.--The first sentence in the
matter following section 856(c)(4)(B)(iii)(III) is amended by inserting
``(including a discrepancy caused solely by the change in the foreign
currency exchange rate used to value a foreign asset)'' after ``such
requirements''.
(b) Clarification of Permissible Asset Category.--Section
856(c)(5), as amended by section 101(d), is amended by adding at the
end the following new subparagraph:
``(I) Cash.--For purposes of this part, the term
`cash' includes foreign currency if the real estate
investment trust or its qualified business unit (as
defined in section 989) uses such foreign currency as
its functional currency (as defined in section
985(b)).''.
SEC. 103. CONFORMING FOREIGN CURRENCY REVISIONS.
(a) Net Income From Foreclosure Property.--Clause (i) of section
857(b)(4)(B) is amended to read as follows:
``(i) gain (including any foreign currency
gain, as defined in section 988(b)(1)) from the
sale or other disposition of foreclosure
property described in section 1221(a)(1) and
the gross income for the taxable year derived
from foreclosure property (as defined in
section 856(e)), but only to the extent such
gross income is not described in (or, in the
case of foreign currency gain, not attributable
to gross income described in) section 856(c)(3)
other than subparagraph (F) thereof, over''.
(b) Net Income From Prohibited Transactions.--Clause (i) of section
857(b)(6)(B) is amended to read as follows:
``(i) the term `net income derived from
prohibited transactions' means the excess of
the gain (including any foreign currency gain,
as defined in section 988(b)(1)) from
prohibited transactions over the deductions
(including any foreign currency loss, as
defined in section 988(b)(2)) allowed by this
chapter which are directly connected with
prohibited transactions;''.
TITLE II--TAXABLE REIT SUBSIDIARIES
SEC. 201. CONFORMING TAXABLE REIT SUBSIDIARY ASSET TEST.
Section 856(c)(4)(B)(ii) is amended by striking ``20 percent'' and
inserting ``25 percent''.
TITLE III--DEALER SALES
SEC. 301. HOLDING PERIOD UNDER SAFE HARBOR.
Section 857(b)(6) (relating to income from prohibited transactions)
is amended--
(1) by striking ``4 years'' in subparagraphs (C)(i),
(C)(iv), and (D)(i) and inserting ``2 years'',
(2) by striking ``4-year period'' in subparagraphs (C)(ii),
(D)(ii), and (D)(iii) and inserting ``2-year period'', and
(3) by striking ``real estate asset'' and all that follows
through ``if'' in the matter preceding clause (i) of
subparagraphs (C) and (D) and inserting ``real estate asset (as
defined in section 856(c)(5)(B) otherwise described in section
1221(a)(1) if''.
SEC. 302. DETERMINING VALUE OF SALES UNDER SAFE HARBOR.
Subparagraphs (C)(iii)(II) and (D)(iv)(II) of section 857(b)(6) are
each amended by striking ``the aggregate adjusted bases'' and all that
follows through ``the beginning of the taxable year'' and inserting
``the fair market value of property (other than sales of foreclosure
property or sales to which section 1033 applies) sold during the
taxable year does not exceed 10 percent of the fair market value of all
of the assets of the trust as of the beginning of the taxable year''.
TITLE IV--HEALTH CARE REITS
SEC. 401. CONFORMITY FOR HEALTH CARE FACILITIES.
(a) Related Party Rentals.--Subparagraph (B) of section 856(d)(8)
(relating to special rule for taxable REIT subsidiaries) is amended to
read as follows:
``(B) Exception for certain lodging facilities and
health care property.--The requirements of this
subparagraph are met with respect to an interest in
real property which is a qualified lodging facility or
a qualified health care property (as defined in
subsection (e)(6)(D)(i)) leased by the trust to a
taxable REIT subsidiary of the trust if the property is
operated on behalf of such subsidiary by a person who
is an eligible independent contractor.''.
(b) Eligible Independent Contractor.--Subparagraphs (A) and (B) of
section 856(d)(9) (relating to eligible independent contractor) are
amended to read as follows:
``(A) In general.--The term `eligible independent
contractor' means, with respect to any qualified
lodging facility or qualified health care property (as
defined in subsection (e)(6)(D)(i)), any independent
contractor if, at the time such contractor enters into
a management agreement or other similar service
contract with the taxable REIT subsidiary to operate
such qualified lodging facility or qualified health
care property, such contractor (or any related person)
is actively engaged in the trade or business of
operating qualified lodging facilities or qualified
health care properties, respectively, for any person
who is not a related person with respect to the real
estate investment trust or the taxable REIT subsidiary.
``(B) Special rules.--Solely for purposes of this
paragraph and paragraph (8)(B), a person shall not fail
to be treated as an independent contractor with respect
to any qualified lodging facility or qualified health
care property (as so defined) by reason of the
following:
``(i) The taxable REIT subsidiary bears the
expenses for the operation of such qualified
lodging facility or qualified health care
property pursuant to the management agreement
or other similar service contract.
``(ii) The taxable REIT subsidiary receives
the revenues from the operation of such
qualified lodging facility or qualified health
care property, net of expenses for such
operation and fees payable to the operator
pursuant to such agreement or contract.
``(iii) The real estate investment trust
receives income from such person with respect
to another property that is attributable to a
lease of such other property to such person
that was in effect as of the later of --
``(I) January 1, 1999, or
``(II) the earliest date that any
taxable REIT subsidiary of such trust
entered into a management agreement or
other similar service contract with
such person with respect to such
qualified lodging facility or qualified
health care property.''.
TITLE V--FOREIGN REITS
SEC. 501. STOCK OF FOREIGN REITS AS REAL ESTATE ASSETS.
(a) In General.--The first sentence in section 856(c)(5)(B) is
amended by inserting ``or in a qualified foreign REIT'' after ``this
part''.
(b) Qualified Foreign REIT.--Section 856(c) is amended by adding at
the end the following new paragraph:
``(8) Qualified foreign reit.--For purposes of this
subsection, the term `qualified foreign REIT' means a
corporation, trust, or association--
``(A) treated as a corporation under section
7701(a)(3),
``(B) the shares or certificates of beneficial
interests of which are regularly traded on an
established securities market, and
``(C) which is organized in a country under rules
that the Secretary determines meet the following
criteria:
``(i) At least 75 percent of the entity's
assets must qualify as real estate assets
(determined without regard to shares or
transferable certificates of beneficial
interest in such entity), as determined at the
close of the entity's prior taxable year.
``(ii) The entity either receives a
dividends paid deduction comparable to section
561 or is exempt from corporate level tax.
``(iii) The entity is required to
distribute at least 85 percent of its annual
taxable income (as computed in the jurisdiction
in which it is organized) to the holders of its
shares or certificates of beneficial interest
on an annual basis.''.
SEC. 502. DIVIDENDS FROM FOREIGN REITS.
Section 856(c)(3)(D) is amended by inserting ``and in qualified
foreign REITs'' after ``this part''.
TITLE VI--EFFECTIVE DATES
SEC. 601. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall apply to taxable years beginning
after the date of the enactment of this Act.
(b) REIT Hedging Rules.--The amendment made by section 101(c) shall
apply to transactions entered into after the date of the enactment of
this Act. | REIT Investment Diversification and Empowerment Act of 2006 - Amends Internal Revenue Code provisions relating to real estate investment trusts (REITs) to: (1) treat passive foreign exchange gains attributable to overseas real estate investment as qualifying REIT income; (2) increase from 20 to 25% the the maximum value of a REIT's total assets thay may be represented by securities of one or more taxable REIT subsidiaries; (3) revise safe harbor rules for the excise tax penalty on certain REIT sales activities; (4) treat rental payments made by a health care facility to a REIT as qualifying REIT income; and (5) treat income from, and interests in, foreign-qualified REITs as qualifying REIT income and assets. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to simplify certain provisions applicable to real estate investment trusts, and for other purposes."} | 3,314 | 164 | 0.516572 | 1.473767 | 0.794502 | 1.666667 | 20.42029 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonuses for Cost-Cutters Act of
2013''.
SEC. 2. COST SAVINGS ENHANCEMENTS.
(a) In General.--Section 4512 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or identification of surplus funds or
unnecessary budget authority'' after ``mismanagement'';
(B) in paragraph (2), by inserting ``or
identification'' after ``disclosure''; and
(C) in the matter following paragraph (2), by
inserting ``or identification'' after ``disclosure'';
and
(2) by adding at the end the following:
``(c) The Inspector General of an agency or other agency employee
designated under subsection (b) shall refer to the Chief Financial
Officer of the agency any potential surplus funds or unnecessary budget
authority identified by an employee, along with any recommendations of
the Inspector General or other agency employee.
``(d)(1) If the Chief Financial Officer of an agency determines
that rescission of potential surplus funds or unnecessary budget
authority identified by an employee would not hinder the effectiveness
of the agency, except as provided in subsection (e), the head of the
agency shall transfer the amount of the surplus funds or unnecessary
budget authority from the applicable appropriations account to the
general fund of the Treasury.
``(2) Title X of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers under
paragraph (1).
``(3) Any amounts transferred under paragraph (1) shall be
deposited in the Treasury and used for deficit reduction, except that
in the case of a fiscal year for which there is no Federal budget
deficit, such amounts shall be used to reduce the Federal debt (in such
manner as the Secretary of the Treasury considers appropriate).
``(e) The head of an agency may retain not more than 10 percent of
amounts to be transferred to the general fund of the Treasury under
subsection (d) for the purpose of paying a cash award under subsection
(a) to the employee who identified the surplus funds or unnecessary
budget authority.
``(f)(1) The head of each agency shall submit to the Director of
the Office of Personnel Management an annual report regarding--
``(A) each disclosure of possible fraud, waste, or
mismanagement or identification of potentially surplus funds or
unnecessary budget authority by an employee of the agency
determined by the agency to have merit;
``(B) the total savings achieved through disclosures and
identifications described in subparagraph (A); and
``(C) the number and amount of cash awards by the agency
under subsection (a).
``(2)(A) The head of each agency shall include the information
described in paragraph (1) in each budget request of the agency
submitted to the Office of Management and Budget as part of the
preparation of the budget of the President submitted to Congress under
section 1105(a) of title 31, United States Code.
``(B) The Director of the Office of Personnel Management shall
submit to Congress and the Government Accountability Office an annual
report on Federal cost saving and awards based on the reports submitted
under subparagraph (A).
``(g) The Director of the Office of Personnel Management shall--
``(1) ensure that the cash award program of each agency
complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of each agency complies with
this section.
``(h) Not later than 3 years after the date of enactment of the
Bonuses for Cost-Cutters Act of 2013, and every 3 years thereafter, the
Comptroller General of the United States shall submit to Congress a
report on the operation of the cost savings and awards program under
this section, including any recommendations for legislative changes.''.
(b) Officers Eligible for Cash Awards.--
(1) In general.--Section 4509 of title 5, United States
Code, is amended to read as follows:
``Sec. 4509. Prohibition of cash award to certain officers
``(a) Definitions.--In this section, the term `agency'--
``(1) has the meaning given that term under section 551(1);
and
``(2) includes an entity described in section 4501(1).
``(b) Prohibition.--An officer may not receive a cash award under
this subchapter if the officer--
``(1) serves in a position at level I of the Executive
Schedule;
``(2) is the head of an agency; or
``(3) is a commissioner, board member, or other voting
member of an independent establishment.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by striking the item relating to section 4509 and
inserting the following:
``4509. Prohibition of cash award to certain officers.''. | Bonuses for Cost-Cutters Act of 2013 - Expands the awards program for disclosures by federal employees of fraud, waste, or mismanagement that result in cost savings to the employee's agency to include identification of surplus funds or unnecessary budget authority. Directs that any savings resulting from the identification of such funds or budget authority be deposited in the Treasury and used to reduce a budget deficit or the federal debt. Prohibits the payment of awards to: (1) federal officers who serve in a position at level I of the Executive Schedule; (2) the head of an agency; or (3) a commissioner, board member, or other voting member of an independent establishment. | {"src": "billsum_train", "title": "Bonuses for Cost-Cutters Act of 2013"} | 1,108 | 143 | 0.574184 | 1.635335 | 0.67219 | 3.946565 | 8.229008 | 0.923664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Internet Communications
Services Act of 2004''.
SEC. 2. REGULATORY TREATMENT.
(a) Consideration as Interstate Service.--An advanced Internet
communications service shall be considered an interstate service.
(b) Regulatory Treatment.--An advanced Internet communications
service shall be considered neither a telecommunications service nor an
information service for purposes of the Communications Act of 1934 (47
U.S.C. 151 et seq.).
(c) Limitation.--Subject to section 3, but notwithstanding this
section or any other provision of law, neither the Federal
Communications Commission nor any State may regulate the rates,
charges, terms, or conditions for, or entry into, or exit from, the
provision of, any advanced Internet communications service.
SEC. 3. COMMISSION EXCLUSIVE AUTHORITY REGARDING ADVANCED INTERNET
COMMUNICATIONS SERVICES.
(a) Determination Regarding Requirements and Obligations.--
(1) In general.--The Commission shall have exclusive
authority regarding advanced Internet communications services,
and shall, by regulation, impose requirements or obligations on
providers of advanced Internet communications voice service to
carry out the following purposes:
(A) Ensure that appropriate E-911 services are
available to users of advanced Internet communications
voice services.
(B) Provide access to such service by persons with
disabilities.
(C) Contribute directly to the universal service
fund.
(D) Provide for just and reasonable compensation
for use of the public switched telephone network.
(2) Standard.--The Commission may establish regulations
imposing requirements or obligations referred to in paragraph
(1) only to the extent that the Commission determines such
regulations are technically feasible and economically
reasonable.
(3) Parity among providers.--The Commission shall ensure
that the requirements or obligations referred to in paragraph
(1) apply equally to all providers of advanced Internet
communications voice services, and neither the Commission nor
any State may regulate the underlying Internet Protocol
transmission networks, facilities, or equipment that support or
transmit any advanced Internet communications voice service in
a manner that results in the unequal application of regulation
to any Internet Protocol network, facilities, or equipment as
compared to any other such network, facilities, or equipment.
(b) Rulemaking Proceeding.--Within 180 days after the date of the
enactment of this Act, the Commission shall initiate and complete a
proceeding to make the determinations required under subsection (a).
(c) Regulations.--Not later than 60 days after the completion of
the proceeding pursuant to subsection (b), the Commission shall issue
any regulations pursuant to such proceeding.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Advanced internet communications service.--The term
``advanced Internet communications service'' means an IP
network and the associated capabilities and functionalities,
services, and applications provided over an Internet protocol
platform or for which an Internet protocol capability is an
integral component, and services and applications that enable
an end user to send or receive a communication in Internet
protocol format, regardless of whether the communication is
voice, data, video, or any other form.
(2) Advanced internet communications voice service.--The
term ``advanced Internet communications voice service'' means
an advanced Internet communications service that is offered to
the public for a fee, and that provides real-time voice
communications, and in which that voice component is the
primary function of the service.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) IP network.--The term ``IP network'' means the
facilities used to transmit and to encode, digitize, packetize,
or route advanced Internet communications services in an
Internet Protocol format, including routers, softswitches,
gateways, packet switches, and transmission facilities.
(5) Internet protocol.--The term ``Internet protocol''
means the Transmission Control Protocol/Internet Protocol, or
any predecessor or successor protocols to such protocol.
(6) Public switched telephone network.--The term ``public
switched telephone network'' means the collection of
interconnected circuit switched telecommunications. | Advanced Internet Communications Services Act of 2004 - Requires an advanced Internet communications service to be considered: (1) an interstate service; and (2) neither a telecommunications service nor an information service for purposes of the Communications Act of 1934.
Prohibits the Federal Communications Commission (FCC) and States from regulating the rates, charges, terms, or conditions for, entry into, or exit from the provision of advanced Internet communications service, subject to provisions of this Act giving the FCC exclusive authority to regarding such services.
Requires the FCC, to the extent technically feasible and economically reasonable, to impose requirements or obligations on advanced Internet communications voice service providers in order to: (1) ensure that appropriate E-911 services are available to users of such services; (2) provide access for persons with disabilities; (3) contribute directly to the universal service fund; and (4) provide for just and reasonable compensation for use of the public switched telephone network.
Directs the FCC to ensure that such requirements or obligations apply equally to all advanced Internet communications voice service providers. Prohibits the FCC or any State from regulating the underlying Internet Protocol transmission networks, facilities, or equipment in a manner that results in unequal application of regulations. | {"src": "billsum_train", "title": "To promote deployment of and investment in advanced Internet communications services."} | 906 | 257 | 0.749765 | 2.138532 | 0.946467 | 3.777311 | 3.457983 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Physician Access in
Teaching Hospitals (PATH) Act of 2011''.
SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY SLOTS.
Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is
amended--
(1) in paragraph (7)(E), by inserting ``paragraph (9),''
after ``paragraph (8),''; and
(2) by adding at the end the following:
``(9) Distribution of additional residency positions.--
``(A) Reductions in limit based on unused
positions.--
``(i) In general.--Except as provided in
clause (ii), if a hospital's resident level (as
defined in paragraph (7)(C)(i)) for each of the
5 most recent cost reporting periods (ending
before the date of the enactment of this
paragraph) of the hospital for which a cost
report has been settled (or, if not, submitted
subject to audit) as determined by the
Secretary is less than the otherwise applicable
resident limit (as defined in paragraph
(8)(H)(iii)), effective for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date (as defined in
subparagraph (E)), the otherwise applicable
resident limit shall be reduced by the
difference between such otherwise applicable
resident limit and the highest such reference
resident level for any of such 5 cost reporting
periods.
``(ii) Exception.--Clause (i) shall not
apply to--
``(I) a hospital located in a rural
area with fewer than 250 beds; or
``(II) a hospital that has had in
effect a voluntary residency reduction
plan under paragraph (6) or pursuant to
section 402 of Public Law 90-248.
``(B) Requirements for additional residency
slots.--
``(i) In general.--The Secretary shall
increase the otherwise applicable resident
limit for hospitals that submit an application
under this subparagraph by such number as the
Secretary may approve for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date. The aggregate
number of increases in the otherwise applicable
resident limit under this subparagraph shall be
equal to the sum of--
``(I) the aggregate reduction in
such limits attributable to
subparagraph (A) (as estimated by the
Secretary); and
``(II) 1,000 for portions of cost
reporting periods occurring during the
12-month period beginning on the
paragraph (9) effective date, 1,000
additional positions for portions of
cost reporting periods occurring during
the 12-month period beginning 1 year
after such effective date, 1,000
additional positions for portion of
cost reporting period occurring during
the 12-month period beginning 2 years
after such effective date, and such
number of additional positions for
portions of the 2 subsequent cost
reporting periods as the Secretary may
determine necessary to support
residency training programs in
specialities that exceed 3 years.
``(ii) Consideration in redistribution.--In
determining for which hospitals the increase in
the otherwise applicable resident limit is
provided under this subparagraph, the Secretary
shall take into account--
``(I) data provided by the Health
Resources and Services Administration
as a national standard to exhibit a
specific demand in the health care
workforce, as well as the
Administration's projected demand and
supply for physicians in the specialty
of medicine involved; and
``(II) the demonstrated likelihood
of the hospital filling positions made
available under this paragraph within
the first 3 cost reporting periods
beginning on or after the paragraph (9)
effective date.
The Secretary shall give special consideration
for up to 25 additional positions in the case
of a hospital that demonstrates the likelihood
of filing such positions during the first cost
reporting period beginning on or after such
effective date.
``(iii) Limitation.--In no case shall the
number of additional positions made available
to a hospital under this paragraph exceed 25 in
the first cost reporting period or 75 for all
cost reporting periods.
``(C) Priority for additional positions resulting
from hospital closures.--With respect to additional
positions described in subparagraph (B)(i)(I) which are
derived from a reduction in limits under subparagraph
(A) for a hospital that closed (in this subparagraph
referred to as a `closed hospital'), the Secretary
shall distribute the increase to hospitals in the
following priority order:
``(i) First, to other hospitals for the
program or programs under which the hospital
had a cooperative arrangement with the closed
hospital under which residents in the graduate
medical education program of the closed
hospital also rotated through the other
hospital.
``(ii) Second, to other hospitals that are
members of the same affiliated group of
hospitals as the closed hospital.
``(iii) Third, to other hospitals that are
located in the same or contiguous core-based
statistical area as the closed hospital.
``(D) Preference.--After applying subparagraph (C)
and the special consideration under subparagraph (B),
in determining for which hospitals the increase in the
otherwise applicable resident limit is provided under
subparagraph (B), the Secretary shall give preference
to hospitals--
``(i) that submit an application for new
residents in primary care and geriatric
medicine and in other specialties as determined
to be in demand under subparagraph (B)(ii)(I);
and
``(ii) that emphasize training in community
health centers and other community-based or
hospital-sponsored clinics, and private
physicians' offices, including physician
groups.
``(E) Paragraph (9) effective date defined.--In
this paragraph, the term `paragraph (9) effective date'
means July 1 of the year that begins after the date of
the enactment of this paragraph.
``(F) Affiliation.--The provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)) and the reference
resident level for each such hospital with respect to
the cost reporting period that results in the smallest
difference between the reference resident level and the
otherwise applicable resident limit.''.
SEC. 3. EXPANDING PRIMARY CARE BONUS TO CERTAIN UNDERSERVED
SPECIALTIES.
(a) In General.--Section 1833(x)(2)(A) of the Social Security Act
(42 U.S.C. 1395l(x)(2)(A)) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by striking ``and'' at the end of subclause
(II) and inserting ``or''; and
(C) by adding at the end the following new
subclause:
``(III) is a physician (as
described in section 1861(r)(1)) who is
in an underserved specialty, such as
psychiatry or neurology, as specified
by the Secretary, or other specialty
identified by the Secretary to be in
demand; and''; and
(2) in clause (ii), by inserting after ``(ii)'' the
following: ``in the case of an individual described in
subclause (I) or (II) of clause (i),''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to payments for items and services furnished on or after January
1, 2012.
SEC. 4. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
small physician practice residency credit determined under this section
for any taxable year with respect to a qualified small physician
practice is the sum of the following:
``(1) Overall amount.--The per resident dollar amount
multiplied by the number of qualified teaching hospital
residents who provide services to, and are trained by, such
practice during the taxable year and who are in their first,
second, or third post-graduate year of medical residency.
``(2) Bonus.--The sum of--
``(A) 50 percent of the per resident dollar amount
multiplied by the number of such residents who are in
their first post-graduate year of medical residency
during the taxable year; and
``(B) 25 percent of the per resident dollar amount
multiplied by the average number of such residents who
are not counted under subparagraph (A) and are in their
second post-graduate year during the taxable year.
``(b) Qualified Small Physician Practice.--For purposes of this
section, the term `qualified small physician practice' means any trade
or business of providing physicians' services (as defined in section
1861(q) of the Social Security Act), which may be a community health
center, that is owned and operated by a doctor of medicine or
osteopathy if fewer than 50 individuals are employed in such trade or
business (including new training sites) and the trade or business
includes as part of the practice the training of doctors of medicine or
osteopathy in a rotation covering at least 6 months in the taxable
year. All persons treated as a single employer under subsection (a) or
(b) or section 52 or subsection (m) or (o) of section 414 shall be
treated as a single trade or business for purposes of the preceding
sentence.
``(c) Qualified Teaching Hospital Residents.--For purposes of this
section, the term `qualified teaching hospital resident' means any
resident (within the meaning of subparagraph (I) of section 1886(h)(5)
of the Social Security Act) in an approved medical residency training
program (as defined in subparagraph (A) of such section) which provides
services to the qualified small physician practice (while utilizing the
technologies and supplies of such practice) for a period not less
than--
``(1) 4 weeks in the case of a primary care resident (as
defined in subparagraph (H) of such section); or
``(2) 2 weeks in the case of any other resident.
``(d) Per Resident Dollar Amount.--For purposes of this section,
the term `per resident dollar amount' means, in the case of a qualified
small physician practice that includes as part of the practice the
training of doctors of medicine or osteopathy in a rotation covering--
``(1) at least 6 months but less than 9 months in the
taxable year, $2,500; or
``(2) at least 9 months in the taxable year, $3,000.
``(e) Residents Not Taken Into Account More Than Once.--A qualified
teaching hospital resident shall be taken into account under subsection
(a) for the taxable in which the period described in subsection (c)
ends and shall not be so taken into account for any other taxable
year.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(37) the small physician practice residency credit
determined under section 45S(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Small physician practice residency credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Improving Physician Access in Teaching Hospitals (PATH) Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs.
States that, if a hospital's resident level for each of the five most recent cost reporting periods is less than the otherwise applicable resident limit, then the otherwise applicable resident limit shall be reduced by the difference between it and the highest reference resident level for any of those five cost reporting periods. Excepts from this reduction requirement a hospital: (1) located in a rural area with fewer than 250 beds, or (2) that has had in effect a voluntary residency reduction plan.
Requires the Secretary of Health and Human Services (HHS) to increase the otherwise applicable resident limit (create additional residency slots) for applicant hospitals according to a specified formula that takes into account the aggregate reduction in limits attributable to this Act.
Expands the primary care bonus to certain underserved specialties, such as psychiatry or neurology.
Amends the Internal Revenue Code to allow a small physician practice residency credit. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide opportunities for additional residency slots in participating teaching hospitals and to expand the primary care bonus to certain underserved specialties and to amend the Internal Revenue Code of 1986 to provide tax incentives for practicing-teaching physicians."} | 2,698 | 254 | 0.643773 | 1.902 | 0.778878 | 3.279279 | 11.189189 | 0.873874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conrad State 30 and Physician Access
Reauthorization Act''.
SEC. 2. CONRAD STATE 30 PROGRAM.
(a) Extension.--Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182
note) is amended by striking ``September 30, 2015'' and inserting
``September 30, 2021''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on April 28, 2017.
SEC. 3. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.
(a) In General.--Section 214(l)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(1) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security'';
(2) in subparagraph (A), by striking ``Director of United
States Information Agency'' and inserting ``Secretary of
State'';
(3) in subparagraph (B), by inserting ``, except as
provided in paragraphs (7) and (8)'' before the semicolon at
the end; and
(4) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment at a health facility or health
care organization, which employment has been determined
by the Secretary of Homeland Security to be in the
public interest; and
``(ii) the alien--
``(I) has accepted employment with the
health facility or health care organization in
a geographic area or areas which are designated
by the Secretary of Health and Human Services
as having a shortage of health care
professionals;
``(II) begins employment by the later of
the date that is--
``(aa) 90 days after receiving such
waiver;
``(bb) 90 days after completing
graduate medical education or training
under a program approved pursuant to
section 212(j)(1); or
``(cc) 90 days after receiving
nonimmigrant status or employment
authorization, if the alien or the
alien's employer petitions for such
nonimmigrant status or employment
authorization not later than 90 days
after the date on which the alien
completes his or her graduate medical
education or training under a program
approved pursuant to section 212(j)(1);
and
``(III) agrees to continue to work for a
total of not less than 3 years in the status
authorized for such employment under this
subsection unless--
``(aa) the Secretary of Homeland
Security determines that extenuating
circumstances, including violations by
the employer of the employment
agreement with the alien or of labor
and employment laws, exist that justify
a lesser period of employment at such
facility or organization, in which case
the alien shall demonstrate, not later
than 90 days after the employment
termination date (unless the Secretary
determines that extenuating
circumstances would justify an
extension), another bona fide offer of
employment at a health facility or
health care organization in a
geographic area or areas which are
designated by the Secretary of Health
and Human Services as having a shortage
of health care professionals, for the
remainder of such 3-year period;
``(bb) the interested State agency
that requested the waiver attests that
extenuating circumstances including
violations by the employer of the
employment agreement with the alien or
of labor and employment laws, exist
that justify a lesser period of
employment at such facility or
organization in which case the alien
shall demonstrate, not later than 90
days after the employment termination
date (unless the Secretary determines
that extenuating circumstances would
justify an extension), another bona
fide offer of employment at a health
facility or health care organization in
a geographic area or areas which are
designated by the Secretary of Health
and Human Services as having a shortage
of health care professionals, for the
remainder of such 3-year period; or
``(cc) if the alien elects not to
pursue a determination of extenuating
circumstances pursuant to item (aa) or
(bb), the alien terminates the alien's
employment relationship with such
facility or organization, in which case
the alien shall demonstrate, not later
than 45 days after the employment
termination date, another bona fide
offer of employment at a health
facility or health care organization in
a geographic area or areas, in the
State that requested the alien's
waiver, which are designated by the
Secretary of Health and Human Services
as having a shortage of health care
professionals, and agree to be employed
for the remainder of such 3-year
period, and 1 additional year for each
termination under this subclause;
and''.
(b) Allowable Visa Status for Physicians Fulfilling Waiver
Requirements in Medically Underserved Areas.--Section 214(l)(2) of such
Act (8 U.S.C. 1184(l)(2)) is amended by amending subparagraph (A) to
read as follows:
``(A) Upon the request of an interested Federal agency or
an interested State agency for recommendation of a waiver under
this section by a physician who is maintaining valid
nonimmigrant status under section 101(a)(15)(J) and a favorable
recommendation by the Secretary of State, the Secretary of
Homeland Security may change the status of such physician to
that of an alien described in section 101(a)(15)(H)(i)(B). The
numerical limitations contained in subsection (g)(1)(A) shall
not apply to any alien whose status is changed under this
subparagraph.''.
(c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8
U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement
of an'' before ``agreement entered into''.
(d) Physician Employment in Underserved Areas.--Section 214(l) of
such Act (8 U.S.C. 1184(l)) is amended by adding at the end the
following:
``(4)(A) If an interested State agency denies the application for a
waiver under paragraph (1)(B) from a physician pursuing graduate
medical education or training pursuant to section 101(a)(15)(J) because
the State has requested the maximum number of waivers permitted for
that fiscal year, the physician's nonimmigrant status shall be extended
for up to 6 months if the physician agrees to seek a waiver under this
subsection (except for paragraph (1)(D)(ii)) to work for an employer
described in paragraph (1)(C) in a State that has not yet requested the
maximum number of waivers.
``(B) Such physician shall be authorized to work only for the
employer referred to in subparagraph (A) from the date on which a new
waiver application is filed with such State until the earlier of--
``(i) the date on which the Secretary of Homeland Security
denies such waiver; or
``(ii) the date on which the Secretary approves an
application for change of status under paragraph (2)(A)
pursuant to the approval of such waiver.''.
(e) Contract Requirements.--Section 214(l) of such Act, as amended
by subsection (d), is further amended by adding at the end the
following:
``(5) An alien granted a waiver under paragraph (1)(C) shall enter
into an employment agreement with the contracting health facility or
health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies--
``(i) whether the contracting facility or
organization will pay the alien's malpractice insurance
premiums;
``(ii) whether the employer will provide
malpractice insurance; and
``(iii) the amount of such insurance that will be
provided;
``(C) describes all of the work locations that the alien
will work and includes a statement that the contracting
facility or organization will not add additional work locations
without the approval of the Federal agency or State agency that
requested the waiver; and
``(D) does not include a non-compete provision.
``(6) An alien granted a waiver under this subsection whose
employment relationship with a health facility or health care
organization terminates under paragraph (1)(C)(ii) during the 3-year
service period required under paragraph (1) shall be considered to be
maintaining lawful status in an authorized period of stay during the
90-day period referred to in items (aa) and (bb) of subclause (III) of
paragraph (1)(C)(ii) or the 45-day period referred to in subclause
(III)(cc) of such paragraph.''.
(f) Recapturing Waiver Slots Lost to Other States.--Section 214(l)
of such Act, as amended by subsections (d) and (e), is further amended
by adding at the end the following:
``(7) If a recipient of a waiver under this subsection terminates
the recipient's employment with a health facility or health care
organization pursuant to paragraph (1)(C)(ii), including termination of
employment because of circumstances described in paragraph
(1)(C)(ii)(III), and accepts new employment with such a facility or
organization in a different State, the State from which the alien is
departing may be accorded an additional waiver by the Secretary of
State for use in the fiscal year in which the alien's employment was
terminated.''.
SEC. 4. ALLOTMENT OF CONRAD 30 WAIVERS.
(a) In General.--Section 214(l) of the Immigration and Nationality
Act (8 U.S.C. 1184(l)), as amended by section 3, is further amended by
adding at the end the following:
``(8)(A)(i) All States shall be allotted a total of 35 waivers
under paragraph (1)(B) for a fiscal year if 90 percent of the waivers
available to the States receiving at least 5 waivers were used in the
previous fiscal year.
``(ii) When an allotment occurs under clause (i), all States shall
be allotted an additional 5 waivers under paragraph (1)(B) for each
subsequent fiscal year if 90 percent of the waivers available to the
States receiving at least 5 waivers were used in the previous fiscal
year. If the States are allotted 45 or more waivers for a fiscal year,
the States will only receive an additional increase of 5 waivers the
following fiscal year if 95 percent of the waivers available to the
States receiving at least 1 waiver were used in the previous fiscal
year.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers granted is 5 percent lower than in the last year in which
there was an increase in the number of waivers allotted pursuant to
this paragraph, in which case--
``(i) the number of waivers allotted shall be decreased by
5 for all States beginning in the next fiscal year; and
``(ii) each additional 5 percent decrease in such waivers
granted from the last year in which there was an increase in
the allotment, shall result in an additional decrease of 5
waivers allotted for all States, provided that the number of
waivers allotted for all States shall not drop below 30.''.
(b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act is
amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) in the case of a request by an interested
State agency--
``(I) the head of such agency determines
that the alien is to practice medicine in, or
be on the faculty of a residency program at, an
academic medical center (as that term is
defined in section 411.355(e)(2) of title 42,
Code of Federal Regulations, or similar
successor regulation), without regard to
whether such facility is located within an area
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals; and
``(II) the head of such agency determines
that--
``(aa) the alien physician's work
is in the public interest; and
``(bb) the grant of such waiver
would not cause the number of the
waivers granted on behalf of aliens for
such State for a fiscal year (within
the limitation in subparagraph (B) and
subject to paragraph (6)) in accordance
with the conditions of this clause to
exceed 3.''.
SEC. 5. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS
RELATED TO PHYSICIAN IMMIGRATION.
(a) Visa Eligibility.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall amend guidance in
the Foreign Affairs Manual to clarify that the expression of a future
intention to seek a waiver under section 214(l) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)) by an alien coming to the United
States to receive graduate medical education or training, as described
in section 212(j) of such Act (8 U.S.C. 1182(j)), or to take
examinations required to receive such graduate medical education or
training, shall not, by itself, constitute evidence of an intention to
abandon a foreign residence for purposes of obtaining a visa as a
nonimmigrant or otherwise obtaining or maintaining the status of a
nonimmigrant.
(b) Applicability of Section 212(e) to Spouses and Children of J-1
Exchange Visitors.--Section 212(e) of the Immigration and Nationality
Act (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following
``(2) A spouse or child of an exchange visitor described in section
101(a)(15)(J) shall not be subject to the requirements under this
subsection solely on account of such spouse or child's derivative
nonimmigrant status to an exchange visitor who is subject to the
requirements under this subsection.''. | Conrad State 30 and Physician Access Reauthorization Act This bill amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver program (Conrad state 30/medical services in underserved areas) through September 30, 2021. The bill sets forth specified employment protections and contract requirements for alien physicians working in underserved areas, including: (1) a six-month status extension for a physician whose application his been denied by an oversubscribed state and who then agrees to work in an undersubscribed state, and (2) an allowable adjustment from a J-1 to an H-1B visa (specialty workers with a permitted U.S. stay of up to six years) for a physician fulfilling waiver requirements. The bill permits a state, under specified circumstances, to recapture a waiver slot lost to another state if a physician working in a health facility accepts employment with such a facility in another state. The number of alien physicians that a state may be allocated is increased from 30 to 35 per fiscal year under specified circumstances. The bill provides for: (1) additional increases or decreases based upon demand, and (2) up to three visa waivers per fiscal year per state for physicians in academic medical centers. Dual intent is permitted for an alien coming to the United States to receive graduate medical education or training or to take examinations required for graduate medical education or training. | {"src": "billsum_train", "title": "Conrad State 30 and Physician Access Reauthorization Act"} | 3,316 | 302 | 0.528308 | 1.510004 | 0.812441 | 1.996226 | 11.09434 | 0.826415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Care Tax
Credit Act''.
SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45O. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the applicable
percentage of the amount paid by the taxpayer during the taxable year
for qualified employee health insurance expenses.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) 50 percent in the case of an employer with less than
10 qualified employees,
``(2) 25 percent in the case of an employer with more than
9 but less than 25 qualified employees, and
``(3) 20 percent in the case of an employer with more than
24 but less than 50 qualified employees.
``(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed--
``(1) $4,000 for self-only coverage, and
``(2) $10,000 for family coverage.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified small employer.--
``(A) In general.--The term `qualified small
employer' means any small employer which--
``(i) provides eligibility for health
insurance coverage (after any waiting period
(as defined in section 9801(b)(4))) to all
qualified employees of the employer, and
``(ii) pays at least 50 percent of the cost
of such coverage for each qualified employee.
``(B) Small employer.--
``(i) In general.--For purposes of this
paragraph, the term `small employer' means,
with respect to any taxable year, any employer
if--
``(I) the average gross receipts of
such employer for the preceding 3
taxable years does not exceed
$5,000,000, and
``(II) such employer employed an
average of more than 1 but less than 50
qualified employees on business days
during the preceding taxable year.
``(ii) Aggregate gross assets.--For
purposes of clause (i)(I), the term `aggregate
gross assets' shall have meaning given such
term by section 1202(d)(2).
``(iii) Employers not in existence in
preceding year.--For purposes of clause
(i)(II)--
``(I) a preceding taxable year may
be taken into account only if the
employer was in existence throughout
such year, and
``(II) in the case of an employer
which was not in existence throughout
the preceding taxable year, the
determination of whether such employer
is a qualified small employer shall be
based on the average number of
employees that it is reasonably
expected such employer will employ on
business days in the current taxable
year.
``(iv) Aggregation rules.--All persons
treated as a single employer under subsection
(a) or (b) of section 52 or subsection (m) or
(o) of section 414 shall be treated as one
person for purposes of this subparagraph.
``(v) Predecessors.--The Secretary may
prescribe regulations which provide for
references in this subparagraph to an employer
to be treated as including references to
predecessors of such employer.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means an employee of an employer who, with respect to
any period, is not provided health insurance coverage
under--
``(i) a health plan of the employee's
spouse,
``(ii) title XVIII, XIX, or XXI of the
Social Security Act,
``(iii) chapter 17 of title 38, United
States Code,
``(iv) chapter 55 of title 10, United
States Code,
``(v) chapter 89 of title 5, United States
Code, or
``(vi) any other provision of law.
``(B) Employee.--The term `employee'--
``(i) means any individual, with respect to
any calendar year, who is reasonably expected
to receive not more than $50,000 of
compensation from the employer during such
year,
``(ii) does not include an employee within
the meaning of section 401(c)(1), and
``(iii) includes a leased employee within
the meaning of section 414(n).
``(C) Compensation.--The term `compensation' means
amounts described in section 6051(a)(3).
``(D) Inflation adjustment.--
``(i) In general.--In the case of a taxable
year beginning after 2007, the $50,000 amount
in subparagraph (B)(i) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2006' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $1,000,
such amount shall be rounded to the next lowest
multiple of $1,000.
``(4) No qualified employees excluded.--Subsection (a)
shall not apply to an employer for any period unless at all
times during such period health insurance coverage is available
to all qualified employees of such employer under similar
terms.
``(e) Portion of Credit Made Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under
subsection (a) without regard to this subsection and
the limitation under section 38(c), or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection) would increase if the
limitation imposed by section 38(c) for any taxable
year were increased by the amount of employer payroll
taxes imposed on the taxpayer during the calendar year
in which the taxable year begins.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of the credit otherwise allowable under
subsection (a) without regard to section 38(c).
``(2) Employer payroll taxes.--For purposes of this
subsection--
``(A) In general.--The term `employer payroll
taxes' means the taxes imposed by--
``(i) section 3111(b), and
``(ii) sections 3211(a) and 3221(a)
(determined at a rate equal to the rate under
section 3111(b)).
``(B) Special rule.--A rule similar to the rule of
section 24(d)(2)(C) shall apply for purposes of
subparagraph (A).
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (30),
by striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following:
``(32) the employee health insurance expenses credit
determined under section 45O.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45O. Employee health insurance expenses.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2006. | Small Business Health Care Tax Credit Act - Amends the Internal Revenue Code to allow certain small business employers a partially refundable business tax credit for the health insurance costs of employees who are not otherwise covered by a spouse's insurance or by a federal health insurance program. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit for small business employee health insurance expenses."} | 2,088 | 59 | 0.510467 | 1.076734 | 0.06331 | 1.64 | 37.68 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intermodal Transportation Act of
2005''.
SEC. 2. INTERMODAL PASSENGER FACILITIES.
(a) In General.--Chapter 55 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES
``Sec. 5571. Policy and purposes
``(a) Development and Enhancement of Intermodal Passenger
Facilities.--It is in the economic interest of the United States to
improve the efficiency of public surface transportation modes by
ensuring the connection with and access to intermodal passenger
terminals, thereby streamlining the transfer of passengers among modes,
enhancing travel options, and increasing passenger transportation
operating efficiencies.
``(b) General Purposes.--The purpose of this subchapter is to
accelerate intermodal integration among North America's passenger
transportation modes through--
``(1) assuring intercity public transportation access to
intermodal passenger facilities;
``(2) encouraging the development of an integrated system
of public transportation information; and
``(3) providing intercity bus intermodal passenger facility
grants.
``Sec. 5572. Definitions
``In this subchapter--
``(1) the term `capital project' means a project for--
``(A) acquiring, constructing, improving, or
renovating a publicly or privately owned or operated
intermodal facility that is related physically and
functionally to intercity bus service in order to
establish or enhance coordination between intercity bus
service and transportation, including aviation, local
public transportation by bus or rail, commuter bus or
rail, intercity rail, seaports, and the National
Highway System, including physical infrastructure
associated with private bus operations at existing and
new intermodal facilities, such as building
construction or renovation, special lanes, curb cuts,
ticket kiosks and counters, passenger waiting areas,
baggage and package express storage, employee parking,
office space, security, and signage; and
``(B) establishing or enhancing coordination between
intercity bus service and transportation, including aviation,
commuter bus or rail, intercity rail, and the National Highway
System through a publicly or privately owned or operated
integrated system of public transportation information;
``(2) the term `commuter service' means service designed
primarily to provide daily work trips within the local
commuting area;
``(3) the term `Intercity bus service' means--
``(A) regularly scheduled bus service for the
general public which--
``(i) operates with limited stops over
fixed routes connecting two or more urban
areas, or connecting rural areas with urban
areas, not in close proximity;
``(ii) has the capacity for transporting
baggage carried by passengers; and
``(iii) makes meaningful connections with
scheduled intercity bus service to more distant
points; and
``(B) charter and tour bus service;
``(4) the term `intermodal passenger facility' means a
passenger terminal that does, or can be modified to,
accommodate several modes of transportation and related
facilities, including some or all of the following: intercity
rail, commuter bus or rail, intercity bus, local public
transportation, either bus or rail, airport limousine service
and airline ticket offices, rent-a-car facilities, taxis,
private parking, and other transportation services;
``(5) the term `local governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least one State or
political subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of the State;
``(6) the term `owner or operator of a public
transportation facility' means an owner or operator of
intercity-rail, intercity-bus, commuter-rail, rail-transit,
bus-transit, or ferry services;
``(7) the term `recipient' means any public or private
entity that receives a grant to carry out this section directly
from the Federal Government;
``(8) the term `Secretary' means the Secretary of
Transportation;
``(9) the term `State' means a State of the United States,
the District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands; and
``(10) the term `urban area' means an area that includes a
municipality or other area that the Secretary, after
considering local patterns and trends of urban growth, decides
is appropriate for a local public transportation system to
serve individuals in the locality.
``Sec. 5573. Assurance of access to intermodal passenger facilities
``Intercity buses and other modes of transportation shall, to the
maximum extent practicable, have access to publicly funded intermodal
passenger facilities including passenger facilities described in
section 5574.
``Sec. 5574. Intercity bus intermodal passenger facility grants
``(a) General Authority.--The Secretary of Transportation may make
grants under this section to recipients in financing a capital project,
as defined in section 5572, only if the Secretary finds that the
proposed project is justified and has an adequate financial commitment.
``(b) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under this section.
Grantees shall be selected on a competitive basis.
``(c) Share of Net Project Costs.--
``(1) A grant shall not exceed 80 percent of the net
project cost, as determined by the Secretary.
``(2) The portion of the net costs of an eligible project
that is not funded under this section shall be from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new public or private capital and may
include amounts appropriated to or made available to a
department or agency of the Federal government that are
eligible to be expended for transportation.
``(d) Contractual Obligations.--A grant provided under this section
that is financed with amounts made available under section 5575(a) is a
contractual obligation of the United States Government to pay the
Government's share of the cost of the project.
``(e) Regulations.--The Secretary may issue regulations necessary
to carry out this section.
``Sec. 5575. Funding
``(a) Mass Transit Account.--To carry out this subchapter, there is
authorized to be appropriated for each of fiscal years 2006 through
2009 from the Mass Transit Account of the Highway Trust Fund,
$75,000,000, of which no more than $5,000,000 may be used to carry out
paragraphs (1) and (2) of section 5571(b). The requirements of section
5309 shall apply to a project that receives funds pursuant to this
subsection.
``(b) Highway Account.--
``(1) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out section 5571(b)(3) $10,000,000 for each of fiscal
years 2006 through 2009.
``(2) The funding made available under paragraph (1) shall
be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23 and shall be
subject to any obligation limitation imposed on funds for
Federal-aid highways and highway safety construction programs.
``(c) Period of Availability.--Amounts made available by subsection
(a) of this section shall remain available until expended.
``(d) Conforming Amendment.--The table of contents for chapter 55
of title 49, United States Code, is amended by inserting at the end the
following:
``subchapter iii--intermodal passenger facilities
``5571. Policy and purposes.
``5572. Definitions.
``5573. Assurance of access to intermodal facilities.
``5574. Intercity bus intermodal passenger facility grants.
``5575. Funding.'' | Intermodal Transportation Act of 2005 - Amends Federal transportation law to authorize the Secretary of Transportation to award grants to public or private entities for capital projects for: (1) acquiring, constructing, improving, or renovating a publicly or privately owned or operated intermodal passenger facility related to intercity bus service; and (2) establishing or enhancing coordination between such service and other specified transportation through a publicly or privately owned or operated integrated system of public transportation information. Sets the Federal share of project costs at 80 percent. | {"src": "billsum_train", "title": "To improve intermodal transportation."} | 1,762 | 108 | 0.587431 | 1.453096 | 1.169893 | 3.680412 | 16.948454 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Kansas Disaster Tax Relief Assistance
Act''.
SEC. 2. TEMPORARY TAX RELIEF FOR KIOWA COUNTY, KANSAS AND SURROUNDING
AREA.
The following provisions of or relating to the Internal Revenue
Code of 1986 shall apply, in addition to the areas described in such
provisions, to an area with respect to which a major disaster has been
declared by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (FEMA-1699-DR, as in
effect on the date of the enactment of this Act) by reason of severe
storms and tornados beginning on May 4, 2007, and determined by the
President to warrant individual or individual and public assistance
from the Federal Government under such Act with respect to damages
attributed to such storms and tornados:
(1) Suspension of certain limitations on personal casualty
losses.--Section 1400S(b)(1) of the Internal Revenue Code of
1986, by substituting ``May 4, 2007'' for ``August 25, 2005''.
(2) Extension of replacement period for nonrecognition of
gain.--Section 405 of the Katrina Emergency Tax Relief Act of
2005, by substituting ``on or after May 4, 2007, by reason of
the May 4, 2007, storms and tornados'' for ``on or after August
25, 2005, by reason of Hurricane Katrina''.
(3) Employee retention credit for employers affected by may
4 storms and tornados.--Section 1400R(a) of the Internal
Revenue Code of 1986--
(A) by substituting ``May 4, 2007'' for ``August
28, 2005'' each place it appears,
(B) by substituting ``January 1, 2008'' for
``January 1, 2006'' both places it appears, and
(C) only with respect to eligible employers who
employed an average of not more than 200 employees on
business days during the taxable year before May 4,
2007.
(4) Special allowance for certain property acquired on or
after may 5, 2007.--Section 1400N(d) of such Code--
(A) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone
property'' each place it appears,
(B) by substituting ``May 5, 2007'' for ``August
28, 2005'' each place it appears,
(C) by substituting ``December 31, 2008'' for
``December 31, 2007'' in paragraph (2)(A)(v),
(D) by substituting ``December 31, 2009'' for
``December 31, 2008'' in paragraph (2)(A)(v),
(E) by substituting ``May 4, 2007'' for ``August
27, 2005'' in paragraph (3)(A),
(F) by substituting ``January 1, 2009'' for
``January 1, 2008'' in paragraph (3)(B), and
(G) determined without regard to paragraph (6)
thereof.
(5) Increase in expensing under section 179.--Section
1400N(e) of such Code, by substituting ``qualified section 179
Recovery Assistance property'' for ``qualified section 179 Gulf
Opportunity Zone property'' each place it appears.
(6) Expensing for certain demolition and clean-up costs.--
Section 1400N(f) of such Code--
(A) by substituting ``qualified Recovery Assistance
clean-up cost'' for ``qualified Gulf Opportunity Zone
clean-up cost'' each place it appears, and
(B) by substituting ``beginning on May 4, 2007, and
ending on December 31, 2009'' for ``beginning on August
28, 2005, and ending on December 31, 2007'' in
paragraph (2) thereof.
(7) Treatment of public utility property disaster losses.--
Section 1400N(o) of such Code.
(8) Treatment of net operating losses attributable to storm
losses.--Section 1400N(k) of such Code--
(A) by substituting ``qualified Recovery Assistance
loss'' for ``qualified Gulf Opportunity Zone loss''
each place it appears,
(B) by substituting ``after May 3, 2007, and before
January 1, 2010'' for ``after August 27, 2005, and
before January 1, 2008'' each place it appears,
(C) by substituting ``May 4, 2007'' for ``August
28, 2005'' in paragraph (2)(B)(ii)(I) thereof,
(D) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone
property'' in paragraph (2)(B)(iv) thereof, and
(E) by substituting ``qualified Recovery Assistance
casualty loss'' for ``qualified Gulf Opportunity Zone
casualty loss'' each place it appears.
(9) Treatment of representations regarding income
eligibility for purposes of qualified rental project
requirements.--Section 1400N(n) of such Code.
(10) Special rules for use of retirement funds.--Section
1400Q of such Code--
(A) by substituting ``qualified Recovery Assistance
distribution'' for ``qualified hurricane distribution''
each place it appears,
(B) by substituting ``on or after May 4, 2007, and
before January 1, 2009'' for ``on or after August 25,
2005, and before January 1, 2007'' in subsection
(a)(4)(A)(i),
(C) by substituting ``qualified storm
distribution'' for ``qualified Katrina distribution''
each place it appears,
(D) by substituting ``after November 4, 2006, and
before May 5, 2007'' for ``after February 28, 2005, and
before August 29, 2005'' in subsection (b)(2)(B)(ii),
(E) by substituting ``beginning on May 4, 2007, and
ending on November 5, 2007'' for ``beginning on August
25, 2005, and ending on February 28, 2006'' in
subsection (b)(3)(A),
(F) by substituting ``qualified storm individual''
for ``qualified Hurricane Katrina individual'' each
place it appears,
(G) by substituting ``December 31, 2007'' for
``December 31, 2006'' in subsection (c)(2)(A),
(H) by substituting ``beginning on June 4, 2007,
and ending on December 31, 2007'' for ``beginning on
September 24, 2005, and ending on December 31, 2006''
in subsection (c)(4)(A)(i),
(I) by substituting ``May 4, 2007'' for ``August
25, 2005'' in subsection (c)(4)(A)(ii), and
(J) by substituting ``January 1, 2008'' for
``January 1, 2007'' in subsection (d)(2)(A)(ii). | Kansas Disaster Tax Relief Assistance Act - Extends to businesses and individuals in certain Kansas counties declared by the President as major disaster areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1699-DR, as in effect on the date of enactment of this Act) by reason of severe storms and tornados beginning on May 4, 2007, provisions of the Internal Revenue Code allowing: (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) 50% bonus depreciation for affected businesses; (5) increased expensing of small business assets; (6) increased expensing of demolition and cleanup costs; (7) extended net operating loss carryback periods for losses attributable to storms and tornadoes and for public utility property disaster losses; (8) relaxed income verification requirements for tenants in low-income rental projects; and (9) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans. | {"src": "billsum_train", "title": "To extend tax relief to the residents and businesses of an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1699-DR) by reason of severe storms and tornados beginning on May 4, 2007, and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act."} | 1,502 | 228 | 0.651562 | 1.869042 | 0.792991 | 3.464115 | 6.535885 | 0.76555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palestinian Compliance Act of
2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Harakatu I-Mujawamati I-Islamiya, which translated in
English means the ``Islamic Resistance Movement'', was founded
in Gaza by Sheikh Ahmad Yassin.
(2) The Islamic Resistance Movement, also known as
``Hamas'' has been designated as a Foreign Terrorist
Organization by the Secretary of State.
(3) The Hamas resistance movement, which evolved from the
Muslim Brotherhood in 1987, won 74 seats of the 132-seat
legislature in the January 26, 2006, Palestinian parliamentary
elections.
(4) Hamas, which has been designated by the Governments of
the United States, Canada, and Israel and by the European Union
as a terrorist organization, has carried out hundreds of
terrorist attacks, which have killed hundreds of civilians and
injured thousands more.
(5) In 2001, the United States Government, under the
authority of Executive Order No. 13224 (50 U.S.C. 1701 note;
prohibiting transactions with persons who support terrorism),
blocked the assets of 3 entities, The Holy Land Foundation for
Relief and Development, Beit al-Mal Holdings, and Al-Aqsa
Islamic Bank, because these entities were providing financial
and material support to Hamas.
(6) Article 11 of the Hamas charter states the following:
``The Islamic Resistance Movement believes that the land of
Palestine is an Islamic Waqf consecrated for future Moslem
generations until Judgement Day. It, or any part of it, should
not be squandered: it, or any part of it, should not be given
up. Neither a single Arab country nor all Arab countries,
neither any king or president, nor all the kings and
presidents, neither any organization nor all of them, be they
Palestinian or Arab, possess the right to do that. Palestine is
an Islamic Waqf land consecrated for Moslem generations until
Judgement Day.''.
(7) Article 13 of the Hamas charter states, ``There is no
solution for the Palestinian question except through Jihad.
Initiatives, proposals and international conferences are all a
waste of time and vain endeavors.''.
(8) Hamas receives financial support from the Islamic
Republic of Iran, a state sponsor of terrorism, as well as
charitable donations and remittances from Arab expatriates and
commercial enterprises.
(9) Hamas has a budget estimated at $70,000,000, with 85
percent of these funds coming from outside sources.
(10) According to the Israel Defense Forces, Hamas has
killed nearly 300 and wounded over 2,000 Israeli citizens since
September 2000.
(11) According to the Office of the Coordinator for
Counterterrorism of the Department of State, in 2003 and 2004,
terrorist attacks by Hamas, the Palestinian Islamic Jihad
(PIJ), the al-Aqsa Martyrs Brigade, and the Popular Front for
the Liberation of Palestine (PFLP) killed almost 300 people in
Israel, the West Bank, and Gaza.
(12) Section 550(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102; 119 Stat. 2217) provides, ``None of the
funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may
be obligated or expended with respect to providing funds to the
Palestinian Authority.''.
SEC. 3. PROHIBITION OF FINANCIAL ASSISTANCE TO THE PALESTINIAN
AUTHORITY.
Section 550 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2217) is amended by striking subsection (b) and inserting the
following:
``(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President Pro Tempore of the Senate that the
Palestinian Authority has--
``(1) denounced terrorism and expressed a commitment to
combating terrorism;
``(2) committed to disarming terrorists and disarming and
dismantling terrorist networks, groups, and entities;
``(3) committed to eliminating the incitement of terrorism
and the commemoration of terrorists in Palestinian society;
``(4) pledged to uphold the human rights, civil liberties,
and religious liberties of the Palestinian people;
``(5) recognized Israel's right to exist and taken
appropriate steps to amend `The Covenant of the Islamic
Resistance Movement' dated August 18, 1988, to delete
statements that are hostile to Israel and that support the use
of violence;
``(6) renounced the use of violence as a means to resolve
disputes between entities; and
``(7) committed to prosecuting those individuals, entities,
and organizations that have committed acts of terrorism.''. | Palestinian Compliance Act of 2006 - Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 to withhold financial assistance to the Palestinian Authority (PA) until presidential certification that the PA has: (1) denounced terrorism and expressed a commitment to combating terrorism; (2) committed to disarming terrorists and disarming and dismantling terrorist networks, groups, and entities; (3) committed to eliminating the incitement of terrorism and the commemoration of terrorists in Palestinian society; (4) pledged to uphold the human rights, civil liberties, and religious liberties of the Palestinian people; (5) recognized Israel's right to exist and taken appropriate steps to amend "The Covenant of the Islamic Resistance Movement" (August 18, 1988) to delete statements that are hostile to Israel and that support the use of violence; (6) renounced the use of violence as a means to resolve disputes between entities; and (7) committed to prosecuting those individuals, entities, and organizations that have committed acts of terrorism. | {"src": "billsum_train", "title": "A bill to withhold United States assistance from the Palestinian Authority until certain conditions have been satisfied."} | 1,120 | 227 | 0.422634 | 1.337779 | 0.693953 | 8.020408 | 5.188776 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Reform Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) parents who do not find a child custody ruling to their
liking in one State will often start a custody proceeding in
another State in the hope of obtaining a more favorable ruling;
(2) although Federal and State child custody jurisdictional
laws were established to prevent this situation, gaps still
exist that allow for confusion and differing interpretations by
various State courts, and which lead to separate and
inconsistent custody rulings between States;
(3) in the event that a different ruling is handed down in
the second State's court, the problem then arises of which
court has jurisdiction, and which ruling should be granted full
faith and credit under the Parental Kidnapping Prevention Act
of 1980;
(4) changes in the Parental Kidnapping Prevention Act of
1980 must be made that will provide a remedy for cases where
conflicting State rulings exist--
(A) to prevent different rulings from occurring in
the first instance by clarifying provisions with regard
to continuing State jurisdiction to modify a child
custody order; and
(B) to assist the courts in this task by
establishing a centralized, nationwide child custody
database; and
(5) in the absence of such changes, parents will continue
to engage in the destructive practice of moving children across
State borders to escape a previous custody ruling or
arrangement, and will continue to use their helpless children
as pawns in their efforts at personal retribution.
SEC. 3. MODIFICATION OF REQUIREMENTS FOR COURT JURISDICTION.
Section 1738A of title 28, United States Code, is amended--
(1) by amending subsection (d) to read as follows:
``(d)(1) Subject to paragraph (2), the jurisdiction of a court of a
State that has made a child custody determination in accordance with
this section continues as long as such State remains the residence of
the child or of any contestant.
``(2) Continuing jurisdiction under paragraph (1) shall be subject
to any applicable provision of law of the State that issued the initial
custody determination in accordance with this section, when such State
law establishes limitations on continuing jurisdiction when a child is
absent from such State.'';
(2) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (1), respectively; and
(B) in paragraph (1), as so redesignated, by
inserting ``pursuant to subsection (d),'' after ``the
court of the other State no longer has jurisdiction,'';
and
(3) in subsection (g), by inserting ``or continuing
jurisdiction'' after ``exercising jurisdiction''.
SEC. 4. ESTABLISHMENT OF NATIONAL CHILD CUSTODY REGISTRY.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended
by adding at the end the following new subsection:
``(g)(1) Subject to the availability of appropriations, the
Secretary of Health and Human Services, in cooperation with the
Attorney General, shall expand the Federal Parent Locator Service
established under this section, to establish a national network to
allow State courts to identify every proceeding relating to child
custody jurisdiction filed before any court of the United States or of
any State. Information identifying custody determinations from other
countries will also be accepted for filing in the registry.
``(2) As used in this subsection--
``(A) the term `information' includes--
``(i) the court or jurisdiction where a
custody determination is filed;
``(ii) the name of the presiding officer of
the issuing court;
``(iii) the names and social security
numbers of the parties;
``(iv) the name, date of birth, and social
security numbers of each child; and
``(v) the status of the case;
``(B) the term `custody determination' has the same
meaning given such term in section 1738A of title 28,
United States Code;
``(C) the term `custody proceeding'--
``(i) means a proceeding in which a custody
determination is one of several issues, such as
a proceeding for divorce or separation, as well
as neglect, abuse, dependency, wardship,
guardianship, termination of parental rights,
adoption, protection from domestic violence,
and Hague Child Abduction Convention
proceedings; and
``(ii) does not include a judgment, decree,
or other order of a court regarding paternity
or relating to child support or any other
monetary obligation of any person, or a
decision made in a juvenile delinquency, status
offender, or emancipation proceeding.
``(3) The Secretary of Health and Human Services, in cooperation
with Attorney General, shall promulgate regulations to implement this
section.
``(4) There are authorized to be appropriated such sums as are
necessary to carry out this subsection.''.
SEC. 5. SENSE OF SENATE REGARDING SUPERVISED VISITATION CENTERS.
It is the sense of the Senate that local governments should take
full advantage of the Local Crime Prevention Block Grant Program
established under subtitle B of title III of the Violent Crime Control
and Law Enforcement Act of 1994, to establish supervised visitation
centers for children who have been removed from their parents and
placed outside the home as a result of abuse or neglect or other risk
of harm to them, and for children whose parents are separated or
divorced and the children are at risk because of physical or mental
abuse or domestic violence. | Child Custody Reform Act of 1995 - Revises provisions of the Federal judicial code (regarding full faith and credit given to child custody determinations) to provide that the jurisdiction of a court of a State that has made a child custody determination continues as long as such State remains the residence of the child or of any contestant.
Specifies that such continuing jurisdiction shall be subject to any applicable provision of law of the State that issued the initial custody determination when such State law establishes limitations on continuing jurisdiction when a child is absent from such State.
Amends the Social Security Act to require the Secretary of Health and Human Services to expand the Federal Parent Locator Service to establish a national network to allow State courts to identify every proceeding relating to child custody jurisdiction filed before any court of the United States or of any State. Specifies that information identifying custody determinations from other countries will also be accepted for filing in the registry. Authorizes appropriations.
Expresses the sense of the Senate that local governments should take full advantage of the Local Crime Prevention Block Grant Program (established under the Violent Crime Control and Law Enforcement Act of 1994) to establish supervised visitation centers for children who have been removed from their parents and placed outside the home as a result of abuse or neglect or other risk of harm to them, and for children whose parents are separated or divorced and the children are at risk because of physical or mental abuse or domestic violence. | {"src": "billsum_train", "title": "Child Custody Reform Act of 1995"} | 1,242 | 312 | 0.547817 | 1.77833 | 0.935728 | 7.76 | 4.28 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Crime Disclosure Act of
1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the General Accounting Office, 63
institutions of higher education were in violation of the
amendments made by the Crime Awareness and Campus Security Act
of 1990 since the enactment of such Act in 1990. The Department
of Education has not taken punitive action against these
institutions.
(2) The Department of Education's interpretation of the
statutory definition of campus has enabled institutions of
higher education to underreport the instances of crimes
committed against students.
(3) In order to improve public awareness of crimes
committed on college and university campuses, it is essential
that Congress act to clarify existing law and to discourage
underreporting of offenses covered by the amendments made by
the Crime Awareness and Campus Security Act of 1990.
SEC. 3. ADDITIONAL CRIME CATEGORIES.
(a) In General.--Section 485(f)(1) of the Higher Education Act of
1965 (20 U.S.C. 1092(f)(1)) is amended--
(1) by amending subparagraph (F) to read as follows:
``(F) Statistics concerning the occurrence on
campus, during the most recent calendar year, and
during the 2 preceding calendar years for which data
are available, of criminal offenses reported to campus
security authorities or local police agencies, and of
referrals of persons for campus disciplinary action,
for the following:
``(i) Murder.
``(ii) Sex offenses, forcible or
nonforcible.
``(iii) Robbery.
``(iv) Aggravated assault.
``(v) Burglary.
``(vi) Motor vehicle theft.
``(vii) Manslaughter.
``(viii) Larceny.
``(ix) Arson.
``(x) Liquor law violations, drug-related
violations, and weapons violations.'';
(2) by striking subparagraph (H); and
(3) by redesignating subparagraph (I) as subparagraph (H).
(b) Conforming Amendments.--Section 485(f) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(4), by striking ``paragraphs (1)(F) and (1)(H)'' and inserting
``paragraph (1)(F)''; and
(2) in paragraph (6), by striking ``paragraphs (1)(F) and
(1)(H)'' and inserting ``paragraph (1)(F)''.
SEC. 4. TIMELY MANNER.
Section 485(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(3)) is amended by adding at the end the following: ``Such
reports shall be readily available to students and employees through
various mediums such as resident advisors, electronic mail, school
newspapers, and announcement postings throughout the campus.''.
SEC. 5. DEFINITION OF CAMPUS.
Subparagraph (A) of section 485(f)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)(5)) is amended to read as follows: ``(A) For
purposes of this section the term `campus' means--
``(i) any building or property owned or controlled
by an institution of higher education within the same
reasonably contiguous geographic area of the
institution, including a building or property owned by
the institution, but controlled by another person, such
as a food or other retail vendor;
``(ii) any building or property owned or controlled
by a student organization recognized by the
institution;
``(iii) all public property that is within the same
reasonably contiguous geographic area of the
institution, such as a sidewalk, a street, other
thoroughfare, or parking facility, that provides
immediate access to facilities owned or controlled by
the institution;
``(iv) any building or property owned, controlled,
or used by an institution of higher education in direct
support of, or related to the institution's educational
purposes, that is used by students, and that is not
within the same reasonably contiguous geographic area
of the institution; and
``(v) all dormitories or other student residential
facilities owned or controlled by the institution.''.
SEC. 6. REPORTING REQUIREMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092)
is amended further by adding at the end the following:
``(8)(A) The Secretary shall report to the appropriate
committees of Congress each institution of higher education
that the Secretary determines is not in compliance with the
reporting requirements of this subsection.
``(B) The Secretary shall provide to an institution of
higher education that the Secretary determines is having
difficulty, or is not in compliance, with the reporting
requirements of this subsection--
``(i) data and analysis regarding successful
practices employed by institutions of higher education
to reduce campus crime; and
``(ii) technical assistance.
``(9) For purposes of reporting the statistics described in
paragraph (1)(F), an institution of higher education shall
distinguish, by means of a separate category, any criminal
offenses, and any referrals for campus disciplinary actions,
that occur--
``(A) on publicly owned sidewalks, streets, or
other thoroughfares, or in parking facilities, that
provide immediate access to facilities owned by the
institution and are within the same reasonably
contiguous geographic area of the institution; and
``(B) in dormitories or other residential
facilities for students, or in other facilities
affiliated with the institution.''.
SEC. 7. FINES.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended further by adding after paragraph (9) (as added by
section 6) the following:
``(10)(A) Upon determination, after reasonable notice and
opportunity for a hearing, that an institution of higher
education--
``(i) has violated or failed to carry out any
provision of this subsection or any regulation
prescribed under this subsection; or
``(ii) has engaged in substantial misrepresentation
of the nature of the institution's activities under
this subsection,
the Secretary shall impose a civil penalty upon the institution
of not to exceed $25,000 for each violation, failure, or
misrepresentation.
``(B) Any civil penalty may be compromised by the
Secretary. In determining the amount of such penalty, or the
amount agreed upon in compromise, the appropriateness of the
penalty to the size of the institution of higher education
subject to the determination, and the gravity of the violation,
failure, or misrepresentation shall be considered. The amount
of such penalty, when finally determined, or the amount agreed
upon in compromise, may be deducted from any sums owing by the
United States to the institution charged.''. | Campus Crime Disclosure Act of 1998 - Amends the Higher Education Act of 1965 with respect to the categories of crimes on which higher education institutions are required to report under the Crime Awareness and Campus Security Act of 1990. Adds reporting requirements for the offenses of manslaughter, larceny, arson, and for arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons violations.
(Sec. 4) Requires that an institution's campus crime reports be readily available to its students and employees through various media, such as resident advisors, electronic mail, school newspapers, and announcement postings throughout the campus.
(Sec. 5) Revises the definition of campus, for purposes of such campus crime disclosures, to include: (1) any building or property owned and controlled by the institution, or by a student organization recognized by the institution, within the same reasonably contiguous geographic area of the institution; (2) all public property within such area that provides immediate access to the facilities of the institution; (3) any building or property owned, controlled, or used by the institution for educational purposes, and is used by students, even if is not within the contiguous area; and (4) all dormitories or other student residential facilities owned or controlled by the institution.
(Sec. 5) Directs the Secretary of Education to: (1) report to the Congress each institution not in compliance with campus crime reporting requirements; and (2) provide data on successful campus security measures as well as technical assistance to institutions having difficulty with or not in compliance with such reporting requirements. Requires institutions to distinguish in their reports crimes committed: (1) on public property within the same reasonably contiguous geographic area of the institution; and (2) in student residential facilities or other facilities affiliated with the institution.
(Sec. 7) Establishes civil penalties for institutions for certain violations of, failures to comply with, or misrepresentations with respect to such campus crime reporting requirements. | {"src": "billsum_train", "title": "Campus Crime Disclosure Act of 1998"} | 1,555 | 424 | 0.611402 | 1.896774 | 0.728615 | 3.388325 | 3.64467 | 0.92132 |
TITLE I--ELIMINATION OF SOCIAL SECURITY EARNINGS TEST
SEC. 101. SHORT TITLE.
This title may be cited as the ``Older Americans Freedom to Work
Act''.
SEC. 102. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of the
Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. (f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C.
402(w)(2)(B)(ii)) is amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4)(A) of
the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by
striking ``if section 102 of the Senior Citizens' Right to Work
Act of 1996 had not been enacted'' and inserting the following:
``if the amendments to section 203 made by section 102 of the
Senior Citizens' Right to Work Act of 1996 and by the Senior
Citizens' Freedom to Work Act of 1999 had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years ending after December
31, 1998.
TITLE II--PROTECTING AND PRESERVING THE SOCIAL SECURITY TRUST FUNDS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Protecting and Preserving the
Social Security Trust Funds Act''.
SEC. 202. FINDINGS.
Congress finds that--
(1) the $69,246,000,000 unified budget surplus achieved in
fiscal year 1998 was entirely due to surpluses generated by the
social security trust funds and the cumulative unified budget
surpluses projected for subsequent fiscal years are primarily
due to surpluses generated by the social security trust funds;
(2) Congress and the President should not use the social
security trust funds surpluses to balance the budget or fund
existing or new non-social security programs;
(3) all surpluses generated by the social security trust
funds must go towards saving and strengthening the social
security system; and
(4) at least 62 percent of the on-budget (non-social
security) surplus should be reserved and applied to the social
security trust funds.
SEC. 203. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS.
(a) Protection by Congress.--
(1) Reaffirmation of support.--Congress reaffirms its
support for the provisions of section 13301 of the Budget
Enforcement Act of 1990 that provides that the receipts and
disbursements of the social security trust funds shall not be
counted for the purposes of the budget submitted by the
President, the congressional budget, or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) Protection of social security benefits.--Balances in
the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund shall be used solely
for paying social security benefit payments as promised to be
paid by law.
(b) Points of Order.--Section 301 of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``(j) Social Security Point of Order.--It shall not be in order in
the Senate to consider a concurrent resolution on the budget, an
amendment thereto, or a conference report thereon that violates section
13301 of the Budget Enforcement Act of 1990.
``(k) Social Security Surplus Protection Point of Order.--It shall
not be in order in the Senate to consider a concurrent resolution on
the budget, an amendment thereto, or a conference report thereon
that would cause or increase an on-budget deficit for any fiscal year.
``(l) Subsequent Legislation.--
``(1) In general.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report if--
``(A) the enactment of the bill or resolution as
reported;
``(B) the adoption and enactment of that amendment;
or
``(C) the enactment of the bill or resolution in
the form recommended in the conference report;
would cause or increase an on-budget deficit for any fiscal
year.
``(2) Exception to point of order.--This subsection shall
not apply to social security reform legislation that would
protect the social security system from insolvency and preserve
benefits as promised to beneficiaries.''.
(c) Supermajority Waiver and Appeal.--Subsections (c)(1) and (d)(2)
of section 904 of the Congressional Budget Act of 1974 are amended by
striking ``305(b)(2),'' and inserting ``301(j), 301(k), 301(l),
305(b)(2)''.
SEC. 204. SEPARATE BUDGET FOR SOCIAL SECURITY.
(a) Exclusion.--The outlays and receipts of the social security
program under title II of the Social Security Act, including the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund and the related provisions of the
Internal Revenue Code of 1986, shall be excluded from--
(1) any official documents by Federal agencies regarding
the surplus or deficit totals of the budget of the Federal
Government as submitted by the President or of the surplus or
deficit totals of the congressional budget; and
(2) any description or reference in any official
publication or material issued by any other agency or
instrumentality of the Federal Government.
(b) Separate Budget.--The outlays and receipts of the social
security program under title II of the Social Security Act, including
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund and the related provisions of the
Internal Revenue Code of 1986, shall be submitted as a separate budget.
SEC. 205. PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code, is amended by
striking ``in a manner consistent'' and inserting ``in compliance''.
TITLE III--SAVING SOCIAL SECURITY FIRST
SEC. 301. DESIGNATION OF ON-BUDGET SURPLUS.
(a) In General.--Notwithstanding any other provision of law, not
less than the amount referred to in subsection (b) for a fiscal year
shall be reserved for and applied to the social security trust funds
for that fiscal year in addition to the social security trust fund
surpluses.
(b) Amount Reserved.--The amount referred to in this subsection
is--
(1) for fiscal year 2001, $6,820,000,000;
(2) for fiscal year 2002, $36,580,000,000;
(3) for fiscal year 2003, $31,620,000,000;
(4) for fiscal year 2004, $42,160,000,000;
(5) for fiscal year 2005, $48,980,000,000;
(6) for fiscal year 2006, $71,920,000,000;
(7) for fiscal year 2007, $83,080,000,000;
(8) for fiscal year 2008, $90,520,000,000; and
(9) for fiscal year 2009, $102,300,000,000.
SEC. 302. SENSE OF THE SENATE ON DEDICATING ADDITIONAL SURPLUS AMOUNTS.
It is the sense of the Senate if the budget surplus in future years
is greater than the currently projected surplus, serious consideration
should be given to directing more of the surplus to strengthening the
social security trust funds. | TABLE OF CONTENTS:
Title I: Elimination of Social Security Earnings Test
Title II: Protecting and Preserving the Social Security
Trust Funds
Title I: Elimination of Social Security Earnings Test
- Older Americans Freedom to Work Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
Title II: Protecting and Preserving the Social Security Trust Funds
- Protecting and Preserving the Social Security Trust Funds Act - Declares that Congress reaffirms its support for section 13301 of the Omnibus Budget Reconciliation Act of 1990, which provides that the receipts and disbursements of the Social Security Trust Funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
(Sec. 203) Amends the Congressional Budget Act of 1974 to declare out of order in the Senate consideration of any concurrent resolution on the budget (or an amendment or a conference report on the resolution) that violates section 13301 of the Budget Enforcement Act of 1990.
Provides a point of order in the Senate against consideration of any concurrent budget resolution (or an amendment or a conference report on the resolution) that would cause or increase an on-budget deficit for any fiscal year.
Makes it out of order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would cause or increase an on-budget deficit for any fiscal year. Makes such point of order inapplicable to social security reform legislation that would protect the social security system from insolvency and preserve benefits as promised to beneficiaries.
Authorizes a waiver or suspension in the Senate of points of order under this title only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order.
(Sec. 204) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act and related provisions of the Internal Revenue Code. Requires such outlays and receipts to be submitted in separate social security budget documents.
(Sec. 205) Requires the President's budget to comply with certain congressional budget rules.
Title III: Saving Social Security First
- Requires that specified amounts, from non-social security on-budget surpluses, for FY 2001 through 2009, be transferred to the social security trust funds, in addition to the surpluses in those Funds.
(Sec. 302) Expresses the sense of the Senate that, if the budget surplus in future years is greater than the currently projected surplus, serious consideration should be given to directing more of the surplus to strengthening the social security trust funds. | {"src": "billsum_train", "title": "A bill to eliminate the social security earnings test for individuals who have attained retirement age, to protect and preserve the social security trust funds, and for other purposes."} | 2,736 | 748 | 0.471419 | 1.399123 | 0.619185 | 4.461538 | 3.620192 | 0.907051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cherry Valley National Wildlife
Refuge Study Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The scenic Cherry Valley area of Northeastern
Pennsylvania is blessed with more than 80 special-concern
animal and plant species and natural habitats.
(2) In a preliminary assessment of Cherry Valley, United
States Fish and Wildlife Service biologists ranked Cherry
Valley very high as a potential national wildlife refuge.
(3) Six species that are listed as endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) have been documented within or near Cherry
Valley: The bog turtle (possibly the most significant
population of the listed subspecies), the dwarf wedge mussel,
the northeastern bulrush, the small whorled pogonia, the bald
eagle, and the Indiana bat (a historic resident, with efforts
under way to re-establish favorable conditions).
(4) Cherry Valley provides habitat for at least 79 species
of national or regional concern, which either nest in Cherry
Valley or migrate through the area during critical times in
their life cycle, including--
(A) neo-tropical migratory birds such as the
Cerulean Warbler, the Worm-eating Warbler, and the Wood
Thrush, all of which nest in Cherry Valley;
(B) waterfowl such as the American Black Duck;
(C) several globally rare plants, such as the
spreading globeflower; and
(D) anadromous fish species.
(5) The Cherry Valley watershed encompasses a large segment
of the Kittatinny Ridge, an important migration route for birds
of prey throughout the Northeastern United States. Every
migratory raptor species in the Northeast is regularly observed
along the Kittatinny Ridge during the autumnal migration,
including the bald eagle, the golden eagle, and the broad-
winged hawk.
(6) The Kittatinny Ridge also includes a long segment of
the Appalachian Trail, a nationally significant natural-
cultural-recreational feature.
(7) Many of the significant wildlife habitats found in the
Cherry Valley, especially the rare calcareous wetlands, have
disappeared from other localities in their range.
(8) Ongoing studies have documented the high water quality
of Cherry Creek.
(9) Public meetings over several years have demonstrated
strong, deep, and growing local support for a Cherry Valley
National Wildlife Refuge, as demonstrated by the following:
(A) Area landowners, business and community
leaders, media, and elected officials have consistently
voiced their enthusiasm for a Cherry Valley National
Wildlife Refuge.
(B) Numerous local communities and public and
private conservation entities share complementary goals
for protecting Cherry Valley and are energetically
conserving wildlife habitat and farmland. Along with
State land-management agencies and the National Park
Service, these local entities represent potential
strong partners for the United States Fish and Wildlife
Service, and view a Cherry Valley National Wildlife
Refuge as a complement to existing private, county,
municipal, and State efforts.
(C) A number of local landowners have already put
their land into conservation easements or other
conservation arrangements.
(D) A voter-approved Monroe County Open Space Fund
and a voter-approved Stroud Township municipal land
conservation fund have contributed to many of these
projects.
(10) Two federally owned parcels of land are contiguous to
the area to be studied under this Act as for acquisition and
inclusion in a future Cherry Valley National Wildlife Refuge:
The Delaware Water Gap National Recreation Area and a 700-acre
segment of the Appalachian Trail owned by the National Park
Service.
SEC. 3. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION.
(a) Study.--The Secretary shall initiate within 30 days after the
date of the enactment of this Act a study to evaluate the fish and
wildlife habitat and aquatic and terrestrial communities located in
Northeastern Pennsylvania and identified on the map entitled,
``Proposed Cherry Valley National Wildlife Refuge--Authorization
Boundary'', dated February 24, 2005, for their potential acquisition by
the United States Fish and Wildlife Service through donation, exchange,
or willing seller purchase and subsequent inclusion in a future Cherry
Valley National Wildlife Refuge.
(b) Consultation.--The Secretary, while conducting the study
required under this section, shall consult appropriate State and local
officials, private conservation organizations, major landowners and
other interested persons, regarding the identification of eligible
lands, waters, and interests therein that are appropriate for
acquisition for a national wildlife refuge and the determination of
boundaries within which such acquisitions should be made.
(c) Components of Study.--As part of the study under this section
the Secretary shall do the following:
(1) Determine if the fish and wildlife habitat and aquatic
and terrestrial communities to be evaluated are suitable for
inclusion in the National Wildlife Refuge System and management
under the policies of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(2) Assess the conservation benefits to be gained from the
establishment of a Cherry Valley National Wildlife Refuge
including--
(A) preservation and maintenance of diverse
populations of fish, wildlife, and plants, including
species listed as threatened species or endangered
species;
(B) protection and enhancement of aquatic and
wetland habitats;
(C) opportunities for compatible wildlife-dependent
recreation, scientific research, and environmental
education and interpretation; and
(D) fulfillment of international obligations of the
United States with respect to fish, wildlife, and their
habitats.
(3) Provide an opportunity for public participation and
give special consideration to views expressed by local public
and private entities regarding lands, waters, and interests
therein for potential future acquisition for refuge purposes.
(4) The total area of lands, water, and interests therein
that may be acquired shall not in the aggregate exceed 30,000
acres.
(d) Report.--The Secretary shall, within 12 months after date of
the enactment of this Act, complete the study required by this section
and submit a report containing the results thereof to the Committee on
Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate. The report shall include--
(1) a map that identifies and prioritizes specific lands,
waters, and interests therein for future acquisition, and that
delineates an acquisition boundary, for a potential Cherry
Valley National Wildlife Refuge;
(2) a cost estimate for the acquisition of all lands,
waters, and interests therein that are appropriate for refuge
status; and
(3) an estimate of potentially available acquisition and
management funds from non-Federal sources.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $200,000 to carry out the study.
SEC. 4. DEFINITIONS.
In this Act the term ``Secretary'' means the Secretary of the
Interior acting through the Director of the United States Fish and
Wildlife Service.
Passed the House of Representatives July 10, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Cherry Valley National Wildlife Refuge Study Act - Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service (USFWS), to initiate, and, within 12 months, report to specified congressional committees on the results of, a study to evaluate fish and wildlife habitat and aquatic and terrestrial communities in northeastern Pennsylvania for potential acquisition and subsequent inclusion in a future Cherry Valley National Wildlife Refuge.
Requires the study to assess the conservation benefits of such a Refuge. Limits the total area of lands, water, and interests that may be acquired for the Refuge to 30,000 acres.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to initiate and complete an evaluation of lands and waters located in Northeastern Pennsylvania for their potential acquisition and inclusion in a future Cherry Valley National Wildlife Refuge, and for other purposes."} | 1,570 | 143 | 0.444919 | 1.349526 | 0.568993 | 3.55 | 12.1 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asia-Pacific Defense Commission
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has worked cooperatively with its
allies and partners in the Asia-Pacific region for decades on
issues of mutual concern having regional and global strategic
and economic importance, including--
(A) deterring and confronting external aggression
against allies and partners;
(B) ensuring the free flow of energy and commerce,
and freedom of navigation in international waters;
(C) dismantling terrorist networks that threaten
the safety of the region;
(D) preventing the development, use, and
proliferation of weapons of mass destruction;
(E) adapting to climate change and severe weather
events, including cooperation on humanitarian
assistance and disaster response; and
(F) promoting respect for the international liberal
order based on commonly respected norms and values.
(2) The close security relationships between the United
States and its five treaty allies in the Asia-Pacific region--
Australia, Japan, the Philippines, South Korea and Thailand--as
well as the security relationships between the United States
and its non-alliance security partners in the region remain
vital to the United States national interest and a cornerstone
of regional stability.
(3) The United States opposes North Korea's illegal and
reckless pursuit of nuclear weapons.
(4) Countering North Korea's destabilizing activities in
the region by diplomatic, economic, and defensive means is a
top national security issue for the United States as the threat
posed by North Korea endangers United States allies, threatens
to destabilize the Asia-Pacific region, and if unchecked, poses
a grave nuclear proliferation challenge to the world.
SEC. 3. ESTABLISHMENT OF ASIA-PACIFIC DEFENSE COMMISSION.
(a) Statement of Policy.--
(1) In general.--It is the policy of the United States to
continue to maintain a strong military posture in the Asia-
Pacific region in order to reassure United States allies, deter
aggression, and respond swiftly to crises.
(2) Enhanced military training and exercises.--The
Secretary of Defense, in consultation with the Secretary of
State, shall seek opportunities to enhance military training
and exercises with United States allies in the Asia-Pacific
region to deepen cooperation between the militaries of the
United States and such allies, to expand operational
capabilities, and to encourage respect for human rights and the
rule of law.
(b) Joint Defense Commission.--The President may establish a
regional joint defense commission to be known as the Asia-Pacific
Defense Commission. The purpose of the commission shall be to
strengthen cooperation between the United States and its allies in the
Asia-Pacific region to combat joint threats. The commission may
undertake the following activities:
(1) Strengthening counterterrorism operations and building
capacity to track, investigate, and prosecute individuals
engaged in terrorist activities.
(2) Improving regional maritime security and capabilities
to interdict illegal arms shipments.
(3) Bolstering regional cybersecurity initiatives and
protecting critical infrastructure.
(4) Strengthening military preparedness.
(5) Facilitating defense-related transfers, subject to the
requirements of the Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(6) Facilitating efforts to enhance training, preparedness,
and operations by allies to address North Korean maritime
weapons transfers.
(7) Coordinating intelligence collected by the intelligence
services of the countries participating in the commission,
identify the most immediate threats to inform the security
services of such countries, and create guidelines for the
coordination of multilateral direct action against shared
threats.
(c) Asia-Pacific Region.--In this section, the term ``Asia-Pacific
region'' means the region corresponding to the area of responsibility
of the United States Pacific Command, as defined by the Department of
Defense unified command plan.
(d) Sense of Congress.--It is the sense of Congress that the United
States Navy should regularize freedom of navigation operations, in
accordance with international law, in the Japanese-administered Senkaku
Islands, in the South China Sea, and in regular ports of call at
strategic ports in the Asia-Pacific region. | Asia-Pacific Defense Commission Act This bill declares that it is U.S policy to continue to maintain a strong military posture in the Asia-Pacific region in order to reassure U.S. allies, deter aggression, and respond swiftly to crises. The Department of Defense (DOD) shall shall seek opportunities to enhance military training and exercises with U.S. allies in such region. The bill authorizes the President to establish the Asia-Pacific Defense Commission to strengthen cooperation between the United States and its allies in such region to combat joint threats. The commission may undertake activities to: strengthen counterterrorism operations and building capacity to track, investigate, and prosecute individuals engaged in terrorist activities; improve regional maritime security and capabilities to interdict illegal arms shipments; bolster regional cybersecurity initiatives and protect critical infrastructure; strengthen military preparedness; facilitate defense-related transfers, subject to the requirements of the Arms Export Control Act; facilitate efforts to enhance training, preparedness, and operations by allies to address North Korean maritime weapons transfers; and coordinate intelligence collected by the intelligence services of the countries participating in the commission, identify the most immediate threats to inform the security services of such countries, and create guidelines for the coordination of multilateral direct action against shared threats. Calls for the U.S. Navy to regularize freedom of navigation operations, in accordance with international law, in the Japanese-administered Senkaku Islands, in the South China Sea, and in regular ports of call at strategic ports in the Asia-Pacific region. | {"src": "billsum_train", "title": "Asia-Pacific Defense Commission Act"} | 914 | 321 | 0.590497 | 1.726894 | 0.894673 | 6.140845 | 3.035211 | 0.922535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Highway Flexibility Act''.
SEC. 2. DIRECT FEDERAL-AID HIGHWAY PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
``Sec. 150. Direct Federal-Aid highway program
``(a) Election by State Not To Participate.--Notwithstanding any
other provision of law, a State may elect not to participate in a
Federal program relating to highways, including any Federal highway
program under the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59), this title, or
title 49.
``(b) Direct Federal-Aid Highway Program.--Beginning in fiscal year
2011, the Secretary shall carry out a direct Federal-aid highway
program in accordance with the requirements of this section. Under the
program, the Governor or chief executive officer of a State may elect,
not fewer than 90 days before the beginning of a fiscal year--
``(1) to waive the right of the State to receive amounts
apportioned or allocated to it under the Federal-aid highway
program for the fiscal year to which the election relates; and
``(2) to receive instead the amount determined under
subsection (e) for that fiscal year.
``(c) State Responsibility.--
``(1) In general.--The Governor or chief executive officer
of a State making an election under subsection (b) shall--
``(A) agree to maintain the Interstate System in
accordance with its current Interstate System program;
``(B) submit a plan to the Secretary describing--
``(i) the purposes, projects, and uses to
which amounts received under the direct
Federal-aid highway program will be put; and
``(ii) which programmatic requirements of
this title the State elects to continue;
``(C) agree to obligate or expend amounts received
under the direct Federal-aid highway program
exclusively for projects that would be eligible for
funding under section 133(b) if the State was not
participating in the program; and
``(D) agree to report annually to the Secretary on
the use of amounts received under the direct Federal-
aid highway program and to make the report available to
the public in an easily accessible format.
``(2) No limitation on use of funds.--Except as provided in
paragraph (1), the expenditure or obligation of funds received
by a State under the direct Federal-aid highway program shall
not be subject to regulation under this title (except for this
section), title 49, or any other Federal law.
``(3) Election irrevocable.--An election under subsection
(b) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Pre-Existing Commitments.--The making of an
election under subsection (b) shall not affect any responsibility or
commitment of the State under this title for any fiscal year with
respect to--
``(1) a project or program funded under this title (other
than under this section); or
``(2) any project or program funded under this title in any
fiscal year for which an election under subsection (b) is not
in effect.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the direct Federal-aid highway program for a fiscal year
shall be the portion of the taxes appropriated to the Highway
Trust Fund under section 9503 of the Internal Revenue Code of
1986, other than for the Mass Transit Account, for that fiscal
year that is attributable to highway users in that State during
that fiscal year, reduced by a pro rata share withheld by the
Secretary to fund contract authority for programs of the
National Highway Traffic Safety Administration and the Federal
Motor Carrier Safety Administration.
``(2) Transfers.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as
deposits to the Highway Trust Fund are made by
the Secretary of the Treasury; and
``(ii) shall be made on the basis of
estimates by the Secretary, in consultation
with the Secretary of the Treasury, based on
the most recent data available, and proper
adjustments shall be made in amounts
subsequently transferred to the extent prior
estimates were in excess of, or less than, the
amounts required to be transferred.
``(B) Limitation.--An adjustment under subparagraph
(A)(ii) to any transfer may not exceed 5 percent of the
transferred amount to which the adjustment relates. If
the adjustment required under subparagraph (A)(ii)
exceeds that percentage, the excess shall be taken into
account in making subsequent adjustments under
subparagraph (A)(ii).
``(f) Application With Other Authority.--There shall be rescinded
or canceled any contract authority under this chapter (and any
obligation limitation) for a State for a fiscal year for which an
election by that State is in effect under subsection (b).
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency under
the State Highway Flexibility Act or an amendment made by that
Act, the Governor or chief executive officer of the State shall
certify to the Secretary that the State will maintain the
effort of the State with regard to State funding for the types
of projects that are funded by the amounts.
``(2) Amounts.--As part of the certification, the Governor
or chief executive officer shall submit to the Secretary a
statement identifying the amount of funds the State plans to
expend from State sources during the covered period, for the
types of projects that are funded by the amounts.
``(h) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Highway Trust Fund shall
be transferred to a State under the program in the manner described in
subsection (e).''.
(b) Conforming Amendment.--The analysis for title 23, United States
Code, is amended by inserting after the item relating to section 149
the following:
``150. Direct Federal-aid highway program.''.
SEC. 3. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Alternative funding of public transportation programs
``(a) Definitions.--In this section--
``(1) the term `alternative funding program' means the
program established under subsection (c); and
``(2) the term `covered programs' means the programs
authorized under--
``(A) sections 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 of title 49,
United States Code; and
``(B) section 3038 of the Federal Transit Act of
1998 (49 U.S.C. 5310 note).
``(b) Election by State Not To Participate.--Notwithstanding any
other provision of law, a State may elect not to participate in a
Federal program relating to public transportation, including any
Federal public transportation program under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1144), title 23, or this title.
``(c) Public Transportation Program.--
``(1) Program established.--Beginning in fiscal year 2011,
the Secretary shall carry out an alternative funding program
under which the Governor or chief executive officer of a State
may elect, not fewer than 90 days before the beginning of a
fiscal year--
``(A) to waive the right of the State to receive
amounts apportioned or allocated to it under the
covered programs for the fiscal year to which the
election relates; and
``(B) to receive an amount for that fiscal year
that is determined in accordance with subsection (e).
``(2) Program requirements.--
``(A) In general.--The Governor or chief executive
officer of a State that participates in the alternative
funding program shall--
``(i) submit a plan to the Secretary
describing--
``(I) the purposes, projects, and
uses to which amounts received under
the alternative funding program will be
put; and
``(II) which programmatic
requirements of this title the State
elects to continue;
``(ii) agree to obligate or expend amounts
received under the alternative funding program
exclusively for projects that would be eligible
for funding under the covered programs if the
State was not participating in the alternative
funding program; and
``(iii) submit an annual report to the
Secretary on the use of amounts received under
the alternative funding program, and to make
the report available to the public in an easily
accessible format.
``(B) No limitation on use of funds.--Except as
provided in subparagraph (A), the expenditure or
obligation of funds received by a State under the
alternative funding program shall not be subject to the
provisions of this title (except for this section),
title 23, or any other Federal law.
``(3) Election irrevocable.--An election under paragraph
(1) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Pre-Existing Commitments.--Participation in the
alternative funding program shall not affect any responsibility or
commitment of the State under this title for any fiscal year with
respect to--
``(1) a project or program funded under this title (other
than under this section); or
``(2) any project or program funded under this title in any
fiscal year for which the State elects not to participate in
the alternative funding program.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the alternative funding program for a fiscal year shall
be the portion of the taxes transferred to the Mass Transit
Account of the Highway Trust Fund under section 9503(e) of the
Internal Revenue Code of 1986, for that fiscal year, that is
attributable to highway users in that State during that fiscal
year.
``(2) Transfers.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as
transfers to the Mass Transit Account of the
Highway Trust Fund are made by the Secretary of
the Treasury; and
``(ii) shall be made on the basis of
estimates by the Secretary, in consultation
with the Secretary of the Treasury, based on
the most recent data available, and proper
adjustments shall be made in amounts
subsequently transferred, to the extent prior
estimates were in excess of, or less than, the
amounts required to be transferred.
``(B) Limitation.--An adjustment under subparagraph
(A)(ii) to any transfer may not exceed 5 percent of the
transferred amount to which the adjustment relates. If
the adjustment required under subparagraph (A)(ii)
exceeds that percentage, the excess shall be taken into
account in making subsequent adjustments under
subparagraph (A)(ii).
``(f) Contract Authority.--There shall be rescinded or canceled any
contract authority under this chapter (and any obligation limitation)
for a State for a fiscal year for which the State elects to participate
in the alternative funding program.
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency under
the State Highway Flexibility Act or an amendment made by that
Act, the Governor or chief executive officer of the State shall
certify to the Secretary that the State will maintain the
effort of the State with regard to State funding for the types
of projects that are funded by the amounts.
``(2) Amounts.--The certification under paragraph (1) shall
include a statement identifying the amount of funds the State
plans to expend from State sources for projects funded under
the alternative funding program, during the fiscal year for
which the State elects to participate in the alternative
funding program.
``(h) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Highway Trust Fund shall
be transferred to a State under the program in the manner described in
subsection (e).''.
(b) Conforming Amendment.--The analysis for title 49, United States
Code, is amended by inserting after the item relating to section 5340
the following:
``5341. Alternative funding of public transportation programs.''. | State Highway Flexibility Act - Allows a state to elect not to participate in the federal-aid highway program, including any federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
Directs the Secretary of Transportation (DOT), beginning in FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program, and (2) receive instead a prorated amount of taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA).
Requires the state governor or chief executive officer making an election to: (1) agree to maintain the Interstate System in accordance with its current Interstate System program; (2) submit a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; and (3) agree to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding.
Directs the Secretary to carry out a similar alternative funding program for public transportation programs. | {"src": "billsum_train", "title": "To allow States to elect to receive contributions to the Highway Trust Fund in lieu of participating in the Federal-aid highway program or certain public transportation programs."} | 2,809 | 335 | 0.692005 | 2.082577 | 0.820597 | 4.148515 | 8.722772 | 0.920792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Telecom Contract
Relief Act''.
SEC. 2. TERMINATION BY SERVICEMEMBERS OF TELECOMMUNICATIONS CONTRACTS
ENTERED INTO BEFORE PERMANENT CHANGE OF STATION OF
DEPLOYMENT ORDERS.
(a) Termination.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended by adding at the end the
following new section:
``SEC. 309. TERMINATION OF TELECOMMUNICATIONS CONTRACTS.
``(a) Termination by Servicemember.--A person in military service
who is party to a contract described in subsection (b) may, at the
person's option, terminate the contract at any time after--
``(1) the date of the entry of the person into military
service; or
``(2) the date of the military orders of the person
described in subsection (b)(2), as the case may be.
``(b) Covered Contracts.--This section applies to a
telecommunications contract for cellular phone service, cable or
satellite television service, or internet service if--
``(1) the contract is executed by or on behalf of a person
who thereafter and during the term of the contract enters
military service (or receives order to enter military service)
under a call or order specifying a period of not less than 90
days (or who enters military service under a call or order
specifying a period of 90 days or less and who, without a break
in service, receives orders extending the period of military
service to a period of not less than 90 days); or
``(2) the person enters into the contract while in military
service and thereafter receives military orders for a permanent
change of station outside of the continental United States, or
to deploy with a military unit for a period of not less than 90
days, to a location that does not support continuation of the
service under the contract.
``(c) Manner of Termination.--
``(1) In general.--Termination of a contract under
subsection (a) is made by delivery by the person in military
service of written notice of such termination, and a copy of
the servicemember's military orders, to the other party to the
contract (or to that person's grantee or agent).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier; or
``(C) by placing the written notice in an envelope
with sufficient postage and with return receipt
requested, and addressed as designated by the party to
be notified (or that party's grantee or agent), and
depositing the written notice in the United States
mails.
``(d) Date of Contract Termination.--Termination of a contract
under subsection (a) is effective on the day on which the notice is
delivered in accordance with subsection (c).
``(e) Arrearages and Other Obligations and Liabilities.--Contract
amounts unpaid for the period preceding the effective date of the
contract termination shall be paid on a prorated basis.
``(f) Relief to Other Party.--Upon application by the other party
to the contract to a court before the termination date provided in the
written notice, relief granted by this section to a person in military
service may be modified as justice and equity require.
``(g) Penalties.--
``(1) Misdemeanor.--Any person who knowingly seizes, holds,
or detains the personal effects, security deposit, or other
property of a person in military service (or of a dependent of
a person in military service) who lawfully terminates a
contract covered by this section, or who knowingly interferes
with the removal of such property from premises covered by such
contract, for the purpose of subjecting or attempting to
subject any of such property to a claim for contract payments
accruing subsequent to the date of termination of such lease,
or attempts to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more than one year,
or both.
``(2) Preservation.--The remedy and rights provided under
this section are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under law to the
person claiming relief under this section, including any award
for consequential or punitive damages.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 308
the following new item:
``Sec. 309. Termination of telecommunications contracts.''. | Servicemembers Telecom Contract Relief Act - Allows a person in military service to terminate a telecommunications contract for cellular phone service, cable or satellite television service, or internet service at any time after: (1) entry into military service; or (2) the date of the station or deployment orders.
Requires for termination that: (1) the contract is executed by or on behalf of a person who thereafter and during the term of the contract enters military service (or receives order to enter military service) under an order specifying a period of not less than 90 days (or who enters military service under an order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 90 days); or (2) the person enters into the contract while in military service and thereafter receives military orders for a permanent change of station outside of the continental United States, or to deploy with a military unit for a period of not less than 90 days, to a location that does not support continuation of the service under the contract. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act to allow individuals called to military service to terminate telecommunications contracts entered into before the individual receives notice of a permanent change of station or deployment orders."} | 1,096 | 242 | 0.80532 | 2.16499 | 1.036936 | 8.858447 | 4.347032 | 0.986301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reports Consolidation Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) existing law imposes numerous financial and performance
management reporting requirements on agencies;
(2) these separate requirements can cause duplication of effort
on the part of agencies and result in uncoordinated reports
containing information in a form that is not completely useful to
Congress; and
(3) pilot projects conducted by agencies under the direction of
the Office of Management and Budget demonstrate that single
consolidated reports providing an analysis of verifiable financial
and performance management information produce more useful reports
with greater efficiency.
(b) Purposes.--The purposes of this Act are--
(1) to authorize and encourage the consolidation of financial
and performance management reports;
(2) to provide financial and performance management information
in a more meaningful and useful format for Congress, the President,
and the public;
(3) to improve the quality of agency financial and performance
management information; and
(4) to enhance coordination and efficiency on the part of
agencies in reporting financial and performance management
information.
SEC. 3. CONSOLIDATED REPORTS.
(a) In General.--Chapter 35 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 3516. Reports consolidation
``(a)(1) With the concurrence of the Director of the Office of
Management and Budget, the head of an executive agency may adjust the
frequency and due dates of, and consolidate into an annual report to
the President, the Director of the Office of Management and Budget, and
Congress any statutorily required reports described in paragraph (2).
Such a consolidated report shall be submitted to the President, the
Director of the Office of Management and Budget, and to appropriate
committees and subcommittees of Congress not later than 150 days after
the end of the agency's fiscal year.
``(2) The following reports may be consolidated into the report
referred to in paragraph (1):
``(A) Any report by an agency to Congress, the Office of
Management and Budget, or the President under section 1116, this
chapter, and chapters 9, 33, 37, 75, and 91.
``(B) The following agency-specific reports:
``(i) The biennial financial management improvement plan by
the Secretary of Defense under section 2222 of title 10.
``(ii) The annual report of the Attorney General under
section 522 of title 28.
``(C) Any other statutorily required report pertaining to an
agency's financial or performance management if the head of the
agency--
``(i) determines that inclusion of that report will enhance
the usefulness of the reported information to decision makers;
and
``(ii) consults in advance of inclusion of that report with
the Committee on Governmental Affairs of the Senate, the
Committee on Government Reform of the House of Representatives,
and any other committee of Congress having jurisdiction with
respect to the report proposed for inclusion.
``(b) A report under subsection (a) that incorporates the agency's
program performance report under section 1116 shall be referred to as a
performance and accountability report.
``(c) A report under subsection (a) that does not incorporate the
agency's program performance report under section 1116 shall contain a
summary of the most significant portions of the agency's program
performance report, including the agency's success in achieving key
performance goals for the applicable year.
``(d) A report under subsection (a) shall include a statement
prepared by the agency's inspector general that summarizes what the
inspector general considers to be the most serious management and
performance challenges facing the agency and briefly assesses the
agency's progress in addressing those challenges. The inspector general
shall provide such statement to the agency head at least 30 days before
the due date of the report under subsection (a). The agency head may
comment on the inspector general's statement, but may not modify the
statement.
``(e) A report under subsection (a) shall include a transmittal
letter from the agency head containing, in addition to any other
content, an assessment by the agency head of the completeness and
reliability of the performance and financial data used in the report.
The assessment shall describe any material inadequacies in the
completeness and reliability of the data, and the actions the agency
can take and is taking to resolve such inadequacies.''.
(b) Special Rule for Fiscal Years 2000 and 2001.--Notwithstanding
paragraph (1) of section 3516(a) of title 31, United States Code (as
added by subsection (a) of this section), the head of an executive
agency may submit a consolidated report under such paragraph not later
than 180 days after the end of that agency's fiscal year, with respect
to fiscal years 2000 and 2001.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 31, United States Code, is amended by inserting
after the item relating to section 3515 the following:
``3516. Reports consolidation.''.
SEC. 4. AMENDMENTS RELATING TO AUDITED FINANCIAL STATEMENTS.
(a) Financial Statements.--Section 3515 of title 31, United States
Code, is amended--
(1) in subsection (a), by inserting ``Congress and the'' before
``Director''; and
(2) by striking subsections (e) through (h).
(b) Elimination of Report.--Section 3521(f) of title 31, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``subsections (a) and (f)'' and inserting
``subsection (a)''; and
(B) by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 5. AMENDMENTS RELATING TO PROGRAM PERFORMANCE REPORTS.
(a) Report Due Date.--
(1) In general.--Section 1116(a) of title 31, United States
Code, is amended by striking ``No later than March 31, 2000, and no
later than March 31 of each year thereafter,'' and inserting ``Not
later than 150 days after the end of an agency's fiscal year,''.
(2) Special rule for fiscal years 2000 and 2001.--
Notwithstanding subsection (a) of section 1116 of title 31, United
States Code (as amended by paragraph (1) of this subsection), an
agency head may submit a report under such subsection not later
than 180 days after the end of that agency's fiscal year, with
respect to fiscal years 2000 and 2001.
(b) Inclusion of Information in Financial Statement.--Section
1116(e) of title 31, United States Code, is amended to read as follows:
``(e)(1) Except as provided in paragraph (2), each program
performance report shall contain an assessment by the agency head of
the completeness and reliability of the performance data included in
the report. The assessment shall describe any material inadequacies in
the completeness and reliability of the performance data, and the
actions the agency can take and is taking to resolve such inadequacies.
``(2) If a program performance report is incorporated into a report
submitted under section 3516, the requirements of section 3516(e) shall
apply in lieu of paragraph (1).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires such a consolidated report: (1) that incorporates the agency's program performance report to be referred to as a performance and accountability report; (2) that does not incorporate the agency's program performance report to contain a summary of the most significant portions, including the agency's success in achieving key performance goals; (3) to include a statement by the agency's inspector general that summarizes the agency's most serious management and performance challenges; and (4) to include a transmittal letter from the agency head containing an assessment of the completeness and reliability of the performance and financial data used in the report.Sets forth a special rule for the submission of such consolidated reports with respect to FY 2000 and 2001.Amends provisions relating to financial statements of Federal agencies to: (1) require the agency head to submit to Congress (currently, just to the Director) audited financial statements covering the agency's overall financial position and operations; and (2) repeal submission requirements for certain other such statements.Amends provisions relating to program performance reports to require that each such report contain a completeness and reliability assessment, unless such a report is incorporated into a consolidated report. | {"src": "billsum_train", "title": "Reports Consolidation Act of 2000"} | 1,646 | 257 | 0.573459 | 1.616192 | 0.646285 | 3.660714 | 6.973214 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Two Strikes and You're Out Child
Protection Act''.
SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST
CHILDREN.
Section 3559 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against
Children.--
``(1) In general.--A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to life imprisonment if the person has a prior sex conviction
in which a minor was the victim, unless the sentence of death
is imposed.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `Federal sex offense' means--
``(i) an offense under section 2241
(relating to aggravated sexual abuse), 2242
(relating to sexual abuse), 2243(a) (relating
to sexual abuse of a minor), 2244(a)(1) or (2)
(relating to abusive sexual contact), 2245
(relating to sexual abuse resulting in death),
or 2251A (relating to selling or buying of
children); or
``(ii) an offense under section 2423(a)
(relating to transportation of minors)
involving prostitution or sexual activity
constituting a State sex offense;
``(B) the term `State sex offense' means an offense
under State law that consists of conduct that would be
a Federal sex offense if, to the extent or in the
manner specified in the applicable provision of this
title--
``(i) the offense involved interstate or
foreign commerce, or the use of the mails; or
``(ii) the conduct occurred in any
commonwealth, territory, or possession of the
United States, within the special maritime and
territorial jurisdiction of the United States,
in a Federal prison, on any land or building
owned by, leased to, or otherwise used by or
under the control of the Government of the
United States, or in the Indian country (as
defined in section 1151);
``(C) the term `prior sex conviction' means a
conviction for which the sentence was imposed before
the conduct occurred constituting the subsequent
Federal sex offense, and which was for a Federal sex
offense or a State sex offense;
``(D) the term `minor' means an individual who has
not attained the age of 17 years; and
``(E) the term `State' has the meaning given that
term in subsection (c)(2).''.
SEC. 3. STUDY OF IMPACT OF LEGISLATION.
(a) In each case in which a life sentence is imposed under section
3559(e), the judge shall make and transmit to the Administrative Office
of the United States Courts findings with regard to each of the
following:
(1) The applicable range under the Federal Sentencing
Guidelines if the statutory minimum life sentence had not
applied.
(2) The sentence that the court would have imposed on the
defendant if the statutory minimum life sentence had not
applied, in light of the nature and circumstances of the
offense, the history and characteristics of the defendant, and
the other factors set forth in section 3553(a).
(3) The race, gender, age, and ethnicity of the victim and
defendant.
(4) The reason for the Government's decision to prosecute
this defendant in Federal court instead of deferring to
prosecution in State or tribal court, and the criteria used by
the Government to make that decision in this and other cases.
(5) The projected cost to the Federal Government of the
life sentence, taking into account capital and operating costs
associated with imprisonment.
(b) To assist the court to make the findings required in
subsections (a)(4) and (a)(5), the Government attorney shall state on
the record such information as the court deems necessary to make such
findings, including cost data provided by the Bureau of Prisons. In
making the required findings, the court shall not be bound by the
information provided by the Government attorney.
(c) The Administrative Office of the United States Courts shall
annually compile and report the findings made under subsection (a) to
the Congress.
SEC. 4. CONFORMING AMENDMENT.
Sections 2247 and 2426 of title 18, United States Code, are each
amended by inserting ``, unless section 3559(e) applies'' before the
final period.
Passed the House of Representatives March 14, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment of a person convicted of a Federal sex offense in which a minor is the victim if the person has a prior sex conviction in which a minor was the victim, unless a death sentence is imposed.Defines: (1) "Federal sex offense" to include specified offenses relating to sexual abuse, buying or selling of children, and interstate transportation of minors involving prostitution or sexual activity constituting a State sex offense; (2) "State sex offense" as one that would be a Federal sex offense if it involved interstate or foreign commerce or the use of mail or if the conduct occurred in any U.S. commonwealth, territory, possession, or special maritime and territorial jurisdiction, in a Federal prison or building, on Federal land, or in Indian country; (3) "prior sex conviction" as a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent offense; and (4) "minor" as an individual who has not attained age 17.Directs the judge, in each case in which a life sentence is imposed, to make and transmit to the Administrative Office of the United States Courts findings regarding: (1) the applicable range under the Federal sentencing guidelines if the statutory minimum life sentence had not applied; (2) the sentence that the court would have imposed on the defendant if the statutory minimum life sentence had not applied, in light of the nature and circumstances of the offense, the defendant's history and characteristics, and specified other factors; (3) the race, gender, age, and ethnicity of the victim and defendant; (4) the reason for the Government's decision to prosecute this defendant in Federal court instead of deferring to prosecution in State or tribal court and the criteria used to make that decision in this and other cases; and (5) the projected cost to the Government of the life sentence. Directs: (1) the Government attorney to state on the record such information as the court deems necessary to make such findings regarding the decision to prosecute in Federal court and the projected cost to the Government of the life sentence; and (2) the Administrative Office to annually compile and report all such findings to Congress. | {"src": "billsum_train", "title": "To amend title 18 of the United States Code to provide life imprisonment for repeat offenders who commit sex offenses against children."} | 1,048 | 508 | 0.640247 | 2.085247 | 0.730014 | 5.6614 | 2.167043 | 0.948081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wastewater Treatment Works Security
Act of 2003''.
SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.
``(a) Definition of Vulnerability Assessment.--
``(1) In general.--In this section, the term `vulnerability
assessment' means an assessment of the vulnerability of a
treatment works to an unlawful action intended--
``(A) to substantially disrupt the ability of the
treatment works to safely and reliably operate; or
``(B) to have a substantial adverse effect on
critical infrastructure, public health or safety, or
the environment.
``(2) Inclusions.--The term `vulnerability assessment'
includes--
``(A) a review of the vulnerabilities of the
treatment works that identifies, with respect to the
treatment works--
``(i) facilities, systems, and devices used
in the storage, treatment, recycling, or
reclamation of municipal sewage or industrial
wastes;
``(ii) intercepting sewers, outfall sewers,
sewage collection systems, and other
constructed conveyances;
``(iii) electronic, computer, and other
automated systems;
``(iv) pumping, power, and other equipment;
``(v) use, storage, and handling of various
chemicals; and
``(vi) operation and maintenance
procedures; and
``(B) the identification of procedures,
countermeasures, and equipment that a treatment works
may implement or use to reduce the vulnerabilities of
the treatment works identified in a review described in
subparagraph (A).
``(b) Grants for Vulnerability Assessments and Security
Enhancements.--The Administrator may provide grants to a State,
municipality, or intermunicipal or interstate agency--
``(1) to conduct a vulnerability assessment of a publicly
owned treatment works; and
``(2) to implement security enhancements described in
subsection (c)(1) and other security enhancements to reduce
vulnerabilities identified in a vulnerability assessment.
``(c) Grants for Security Enhancements.--
``(1) Preapproved security enhancements.--Except as
provided in paragraph (3), on certification by an applicant
that a vulnerability assessment has been completed for a
treatment works, and that the security enhancement for which
assistance is sought is for the purpose of reducing
vulnerabilities of the treatment works identified in the
vulnerability assessment, the Administrator may provide grants
to the applicant under subsection (b)(2) for 1 or more of the
uses described in paragraph (2).
``(2) Uses of grant funds.--The uses referred to in
paragraph (1) are--
``(A) the purchase and installation of equipment
for materials and activities relating to access
control, intrusion prevention and delay, and detection
of intruders and hazardous or dangerous substances,
including--
``(i) barriers, fencing, and gates;
``(ii) security lighting and cameras;
``(iii) metal grates, wire mesh, and
outfall entry barriers;
``(iv) securing of manhole covers and fill
and vent pipes;
``(v) installation and rekeying of doors
and locks; and
``(vi) smoke, chemical, and explosive
mixture detection systems;
``(B) the conduct of an activity to improve the
security for electronic, computer, or other automated
systems and remote security systems, including--
``(i) controlling access to those systems;
``(ii) intrusion detection and prevention;
and
``(iii) system backup;
``(C) participation in a training program, and the
purchase of training manuals and guidance material,
relating to security; and
``(D) the conduct of security screening of
employees or contractor support services.
``(3) Additional security enhancements.--
``(A) Grants.--The Administrator may provide a
grant under subsection (b) to an applicant for
additional security enhancements not specified in
paragraph (2).
``(B) Eligibility.--To be eligible for a grant
under this subsection, an applicant shall--
``(i) submit to the Administrator an
application containing a description of the
security enhancement; and
``(ii) obtain approval of the application
by the Administrator.
``(4) Limitations.--
``(A) Use of funds.--A grant provided under
subsection (b) shall not be used for--
``(i) payment of personnel costs; or
``(ii) operation or maintenance of
facilities, equipment, or systems.
``(B) Disclosure of vulnerability assessment.--As a
condition of applying for or receiving a grant under
this subsection, the Administrator may not require an
applicant to provide the Administrator with a copy of a
vulnerability assessment.
``(d) Grant Amounts.--
``(1) Federal share.--The Federal share of the cost of an
activity funded by a grant under subsection (b) shall not
exceed 75 percent, as determined by the Administrator.
``(2) Maximum amount.--The total amount of grants made
under subsection (b) for any publicly owned treatment works
shall not exceed $150,000, as determined by the Administrator.
``(e) Technical Assistance for Small Publicly Owned Treatment
Works.--
``(1) Definition of small publicly owned treatment works.--
In this subsection, the term `small publicly owned treatment
works' means a publicly owned treatment works that services a
population of fewer than 20,000 individuals.
``(2) Security assessment and planning assistance.--
``(A) In general.--The Administrator, in
coordination with the States, may provide technical
guidance and assistance to small publicly owned
treatment works for--
``(i) the conduct of a vulnerability
assessment; and
``(ii) the implementation of security
enhancements to reduce vulnerabilities
identified in a vulnerability assessment.
``(B) Inclusions.--Technical guidance and
assistance provided under subparagraph (A) may include
technical assistance programs, training, and
preliminary engineering evaluations.
``(3) Participation by nonprofit organizations.--The
Administrator may provide grants to nonprofit organizations to
assist in accomplishing the purposes of this subsection.
``(f) Refinement of Vulnerability Assessment Methodology for
Publicly Owned Treatment Works.--
``(1) Grants.--The Administrator may provide to nonprofit
organizations 1 or more grants to be used in improving
vulnerability assessment methodologies and tools for publicly
owned treatment works, including publicly owned treatment works
that are part of a combined public wastewater treatment and
water supply system.
``(2) Eligible activities.--A grant provided under this
subsection may be used--
``(A) to develop and distribute vulnerability self-
assessment methodology software upgrades;
``(B) to improve and enhance critical technical and
user support functions;
``(C) to expand libraries of information addressing
threats and countermeasures; and
``(D) to implement user training initiatives.
``(3) Cost.--A service described in paragraph (2) that is
funded by a grant under this subsection shall be provided at no
cost to the recipients of the service.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated, to remain available until expended--
``(1) $200,000,000 for use in making grants under
subsection (b);
``(2) $15,000,000 for use in providing assistance under
subsection (e); and
``(3) to carry out subsection (f), $1,000,000 for each of
fiscal years 2003 through 2007.''.
SEC. 3. RESEARCH AND REVIEW.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 2) is amended by adding at the end the
following:
``SEC. 223. RESEARCH AND REVIEW.
``(a) Definitions.--In this section:
``(1) Covered treatment works.--The term `covered treatment
works' has the meaning given the term `treatment works' in
section 212.
``(2) Harmful intentional act.--The term `harmful
intentional act' means a terrorist attack or other intentional
act carried out with respect to a covered treatment works that
is intended--
``(A) to substantially disrupt the ability of the
covered treatment works to provide safe and reliable--
``(i) conveyance and treatment of
wastewater;
``(ii) disposal of effluent; or
``(iii) storage of a potentially hazardous
chemical used to treat wastewater;
``(B) to damage critical infrastructure;
``(C) to have an adverse effect on the environment;
or
``(D) to otherwise pose a significant threat to
public health or safety.
``(b) Review by Administrator.--Not later than 2 years after the
date of enactment of this section, the Administrator, in coordination
with appropriate Federal agencies, shall research and review (or enter
into a contract or cooperative agreement to provide for research and
review of)--
``(1) means by which terrorists or other individuals or
groups could carry out harmful intentional acts; and
``(2) means by which alternative processes of conveying,
treating, and disposing of wastewater could be provided in the
event of the destruction, impairment, or disruption of covered
treatment works as the result of harmful intentional acts.
``(c) Means of Carrying Out Harmful Intentional Acts.--Means
referred to in subsection (b)(1) include--
``(1) means by which pipes and other constructed
conveyances used in covered treatment works could be destroyed
or otherwise prevented from providing adequate conveyance,
pretreatment, treatment, and disposal of wastewater meeting
applicable public health standards;
``(2) means by which conveyance, pretreatment, treatment,
storage, and disposal facilities used by, or in connection
with, covered treatment works could be destroyed or otherwise
prevented from providing adequate treatment of wastewater
meeting applicable public health standards;
``(3) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems that are
used in connection with treatment works could be altered or
affected so as to pose a threat to public health, public
safety, or the environment;
``(4) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems that are
used in connection with covered treatment works could be
reasonably protected from harmful intentional acts;
``(5) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems could be
reasonably secured from use as a means of transportation by
terrorists or other individuals or groups who intend to
threaten public health or safety; and
``(6) means by which information systems, including process
controls and supervisory control, data acquisition, and cyber
systems, at covered treatment works could be disrupted by
terrorists or other individuals or groups.
``(d) Considerations.--In carrying out the review under this
section, the Administrator--
``(1) shall ensure that the review reflects the needs of
covered treatment works of various sizes and various geographic
areas of the United States; and
``(2) may consider the vulnerability of, or potential for
forced interruption of service for, a region or service area,
including the National Capital Area.
``(e) Information Sharing.--As soon as practicable after the review
carried out under this section has been evaluated by the Administrator,
the Administrator shall disseminate to covered treatment works
information on the results of the review through the Information
Sharing and Analysis Center or other appropriate means.
``(f) Funding.--There is authorized to be appropriated to carry out
this section $15,000,000 for the period of fiscal years 2004 through
2008.''. | Wastewater Treatment Works Security Act of 2003 - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works and implement security enhancements for such facilities upon completion of the assessment.
Authorizes the Administrator to: (1) provide technical guidance and assistance to small publicly owned treatment works (those serving a population of fewer than 20,000 persons) on conducting vulnerability assessments and implementing security enhancements; and (2) make grants to a nonprofit organization to improve vulnerability self-assessment methodologies and tools for publicly owned treatment works, including those that are part of a combined wastewater treatment and water supply system. Requires the Administrator to research and review means by which terrorists could carry out harmful intentional acts against these works and alternative processes for conveying, treating, and disposing of wastewater in the event of destruction or disruption. Authorizes appropriations for FY 2004 through 2008. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works."} | 2,611 | 224 | 0.6294 | 1.721034 | 1.003102 | 3.274611 | 12.860104 | 0.860104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Employment Rights
Realignment Act of 2009''.
SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL COUNSEL OF VETERANS'
EMPLOYMENT OR REEMPLOYMENT RIGHTS WITH RESPECT TO
EMPLOYERS THAT ARE FEDERAL EXECUTIVE AGENCIES.
(a) Enforcement of Rights Through Office of Special Counsel.--
Section 4322 of title 38, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1)(A) A person described in subparagraph (B) may file a
complaint with the Secretary, and the Secretary shall investigate such
complaint.
``(B) A person described in this subparagraph is a person who
claims that--
``(i) such person is entitled under this chapter to
employment or reemployment rights or benefits with respect to
employment by an employer other than an employer that is a
Federal executive agency; and
``(ii) such employer has failed or refused, or is about to
fail or refuse, to comply with the provisions of this chapter.
``(2)(A) A person described in subparagraph (B) may file a
complaint with the Special Counsel established by section 1211 of title
5.
``(B) A person described in this subparagraph is a person who
claims that--
``(i) such person is entitled under this chapter to
employment or reemployment rights or benefits with respect to
employment by an employer that is a Federal executive agency;
and
``(ii)(I) such employer has failed or refused, or is about
to fail or refuse, to comply with the provisions of this
chapter; or
``(II) such employer or the Office of Personnel Management
has failed or refused, or is about to fail or refuse, to comply
with the provisions of this chapter.'';
(2) by striking subsections (d) and (e) and inserting the
following new subsections (d) and (e):
``(d)(1) The Secretary shall investigate each complaint submitted
pursuant to subsection (a)(1). If the Secretary determines as a result
of the investigation that the action alleged in such complaint
occurred, the Secretary shall attempt to resolve the complaint by
making reasonable efforts to ensure that the person or entity named in
the complaint complies with the provisions of this chapter.
``(2) If the efforts of the Secretary with respect to any complaint
filed under subsection (a)(1) do not resolve the complaint, the
Secretary shall notify the person who submitted the complaint of--
``(A) the results of the Secretary's investigation; and
``(B) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section 4323.
``(e)(1) In the case of a complaint filed under subsection (a)(2),
the Special Counsel shall investigate the complaint. If the Special
Counsel determines as a result of the investigation that the action
alleged in such complaint occurred, the Special Counsel shall attempt
to resolve the complaint by making reasonable efforts to ensure that
the person or entity named in the complaint complies with the
provisions of this chapter.
``(2) If the efforts of the Special Counsel with respect to any
complaint filed under subsection (a)(2) do not resolve the complaint,
the Special Counsel shall notify the person who submitted the complaint
of--
``(A) the results of the investigation by the Special
Counsel; and
``(B) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section
4324.''.
(b) Technical and Conforming Amendments.--Such title is further
amended--
(1) in section 4322(b), by striking ``Such complaint'' and
inserting ``Each complaint filed under subsection (a)'';
(2) in section 4323(a)--
(A) in paragraph (1), by striking ``section
4322(e)'' and inserting ``section 4322(d)(2)''; and
(B) in paragraph (3)(A), by striking ``section
4322(a)'' and inserting ``section 4322(a)(1)'';
(3) in section 4324--
(A) in subsection (a)(1)--
(i) in the first sentence, by striking
``Secretary'' each place it appears and
inserting ``Special Counsel'';
(ii) by striking ``section 4322(e)'' and
inserting ``section 4322(e)(2)''; and
(iii) by striking the second sentence; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``Secretary'' and
inserting ``Special Counsel''; and
(II) by striking ``section
4322(a)'' and inserting ``section
4322(a)(2) of this title''; and
(ii) in paragraph (2)--
(I) by striking ``Secretary'' and
inserting ``Special Counsel''; and
(II) by striking ``section
4322(e)'' and inserting ``section
4322(e)(2) of this title'';
(4) in section 4325(c), by striking ``section 4322(d)'' and
inserting ``section 4322(d)(1)''; and
(5) in section 4326--
(A) in subsection (a), by inserting ``or the
Special Counsel's'' after ``Secretary's''; and
(B) by striking ``Secretary'' each place it appears
and inserting ``Secretary or the Special Counsel''.
(c) Conforming Repeal.--The Veterans Benefits Improvement Act of
2004 (Public Law 108-454) is amended by striking section 204.
(d) Effective Date.--The amendments made by this section shall
apply with respect to complaints filed on or after the date of the
enactment of this Act.
Passed the House of Representatives May 19, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Employment Rights Realignment Act of 2009 - Provides for the enforcement through the Office of Special Counsel of the employment and unemployment rights of veterans and members of the Armed Forces employed by federal agencies. Authorizes such an individual to file a complaint with the Special Counsel. (Under current law, such individual may only file a complaint with the Secretary of Veterans Affairs).
Directs the Special Counsel to investigate and attempt to resolve any complaint so filed. Requires the Special Counsel, if unable to resolve a complaint, to notify the complainant of: (1) the results of the investigation; and (2) the complainant's entitlement to proceed with the enforcement of such rights through referral to the Merit Systems Protection Board. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for the enforcement through the Office of Special Counsel of the employment and reemployment rights of veterans and members of the Armed Forces employed by Federal executive agencies, and for other purposes."} | 1,395 | 155 | 0.548753 | 1.544696 | 0.688908 | 2.115942 | 8.869565 | 0.84058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Reform Commissions Act of
1995''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that--
(1) excessive and misguided regulations impose enormous
economic costs that, like excessive taxes, stifle economic
growth and job creation; and
(2) the cost of complying with Federal regulations alone is
estimated between $300,000,000,000 and $500,000,000,000 per
year, which amounts to $4,000 to $6,000 per working man and
woman in America.
(b) Purpose.--The purpose of this Act is to demonstrate the need to
reexamine the policies and procedures of Federal agencies which impose
regulatory burden, to determine what changes are necessary and
desirable in those policies and procedures.
SEC. 3. REVIEW OF FEDERAL REGULATIONS.
(a) In General.--Each of the commissions established under section
4 by the Director of the Office of Management and Budget (referred to
in this Act as the ``Director'') shall review the regulations issued by
the department or agency with respect to which the commission is
established.
(b) Standards of Review.--In reviewing regulations under this
section, each commission shall examine and determine--
(1) whether the regulations are--
(A) within the scope of authority of the statutes
under which the regulations were issued; and
(B) in accordance with the original intent of the
Congress in approving the statutes;
(2) whether administrative decisions made under the
regulations were based on adequate information concerning the
need for and consequences of proposed Governmental action;
(3) whether regulatory action was taken only in instances
where potential economic benefits to society of taking an
action exceed the economic costs to society of taking the
action;
(4) whether the objectives of regulatory actions were
selected to minimize net economic costs to society;
(5) whether in selecting among alternative approaches for
achieving objectives of regulatory actions, the alternative
selected was the alternative involving the least net economic
cost to society;
(6) whether Federal agencies, in selecting regulatory
priorities, have taken into account--
(A) the condition of the particular employers and
employees affected by regulatory actions;
(B) the condition of the regional and national
economy; and
(C) other Federal regulatory actions being
considered; and
(7) whether the regulations are subject to judicial review.
(c) Consultation and Comment.--In carrying out reviews under this
section, each commission shall--
(1) consult with the Congress and relevant congressional
committees; and
(2) solicit and consider views and suggestions of persons
affected by the regulations reviewed by the commission.
(d) Reports.--
(1) In general.--Each commission established under section
4 shall submit reports in accordance with this subsection to
the Congress, the Director, and the head of the department or
agency with respect to which the commission is established. The
reports shall consist of--
(A) an interim report submitted by not later than 1
year after the completion of appointments of the
members of the commission;
(B) a final report submitted by not later than 2
years after the completion of the appointments.
(2) Contents.--Each report under this subsection shall
describe the determinations made by the commission under each
of paragraphs (1), (2), (3), (4), (5), (6), and (7) of
subsection (b) for the period covered by the report.
SEC. 4. ESTABLISHMENT OF COMMISSIONS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Director shall establish 3 commissions to
carry out reviews under section 3. Of the commissions established under
this section, one shall be established with respect to each of--
(1) the Environmental Protection Agency;
(2) the Department of Labor; and
(3) the Department of the Interior.
(b) Membership.--Each commission established under this section
shall be composed of 13 members as follows:
(1) 2 Members of the Senate appointed by the Majority
Leader of the Senate, who shall be Members of different
political parties.
(2) 2 Members appointed by the Speaker of the House of
Representatives, who shall be Members of different political
parties.
(3) 5 members appointed by the President from among persons
affected by regulatory actions of the department or agency with
respect to which the commission is established, of whom not
more than 3 may be members of the same political party.
(4) 4 members appointed by the head of the department or
agency with respect to which the commission is established,
from among the career employees of the agency.
(c) Compensation.--Each member of the commission shall serve
without compensation in addition to that received for such member's
services as an officer or employee of the United States.
(d) Expenses.--The head of a Federal department or agency with
respect to which a commission is established under this section shall
pay the expenses incurred by the commission in carrying out this Act.
(e) Termination.--Each commission established by this section shall
terminate on the date the commission submits a final report under
section 3(d)(1)(B). | Regulatory Reform Commissions Act of 1995 - Requires the Director of the Office of Management and Budget to establish three commissions to review and report on the regulations issued by the Environmental Protection Agency, the Department of Labor, and the Department of the Interior. Includes among review standards determinations as to: (1) whether the regulations are within the scope of authority of the underlying statutes, in accordance with original congressional intent, and subject to judicial review; and (2) economic costs and benefits. | {"src": "billsum_train", "title": "Regulatory Reform Commissions Act of 1995"} | 1,085 | 103 | 0.508906 | 1.330057 | 1.763412 | 3.510417 | 11.166667 | 0.927083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shared Responsibility in Preserving
America's Future Act''.
SEC. 2. SURTAX ON MILLIONAIRES CONTINGENT ON CONGRESSIONAL PASSAGE OF A
BALANCED BUDGET AMENDMENT OR SPENDING LIMIT AMENDMENT.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--SURTAX ON MILLIONAIRES
``Sec. 59B. Surtax on millionaires.
``SEC. 59B. SURTAX ON MILLIONAIRES.
``(a) General Rule.--In the case of a taxpayer other than a
corporation for any taxable year beginning after 2012 and before 2023,
there is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to 5 percent of so much of the modified adjusted
gross income of the taxpayer for such taxable year as exceeds the
threshold amount.
``(b) Threshold Amount.--For purposes of this section--
``(1) In general.--The threshold amount is $1,000,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2013, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2012'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
paragraph (1) is not a multiple of $10,000, such amount
shall be rounded to the next highest multiple of
$10,000.
``(3) Married filing separately.--In the case of a married
individual filing separately for any taxable year, the
threshold amount shall be one-half of the amount otherwise in
effect under this subsection for the taxable year.
``(c) Modified Adjusted Gross Income.--For purposes of this
section--
``(1) In general.--The term `modified adjusted gross
income' means adjusted gross income reduced by the excess of--
``(A) gross income from a trade or business--
``(i) which is not a passive activity
(within the meaning of section 469(c)) with
respect to the taxpayer, and
``(ii) with respect to which the taxpayer
pays wages to at least 1 full-time equivalent
employee (as defined in section 45R(d)(2)
determined without regard to subsection
(e)(1)(A)(iv) thereof), other than the
taxpayer, over
``(B) the deductions which are properly allocable
to such income.
``(2) Regulations.--The Secretary shall prescribe
regulations similar to the regulations under section 469(l) for
determining the income that is taken into account under
paragraph (1)(A).
``(d) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual, only amounts taken into account in connection
with the tax imposed under section 871(b) shall be taken into
account under this section.
``(2) Citizens and residents living abroad.--The dollar
amount in effect under subsection (a) shall be decreased by the
excess of--
``(A) the amounts excluded from the taxpayer's
gross income under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to one
or more of the purposes described in section 170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall not
be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.
``(e) Application of Section Contingent on Balanced Budget or
Spending Limit Amendment.--
``(1) Submission of amendment for ratification.--This
section shall not apply to any taxable year which begins before
the date on which the President certifies that the Archivist of
the United States has submitted to the States for their
ratification a proposed amendment to the Constitution of the
United States pursuant to a joint resolution entitled `Joint
resolution proposing a balanced budget amendment to the
Constitution of the United States.' or `Joint resolution
proposing a spending limit amendment to the Constitution of the
United States.'. If the certification referred to in the
preceding sentence is not made by the President before
September 30, 2012, this section shall not apply to any taxable
year.
``(2) Ratification.--This section shall not apply to any
taxable year beginning after December 31, 2017, unless, on or
before such date, such an amendment, by ratification, becomes
valid to all intents and purposes as part of the Constitution
of the United States.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part VIII. Surtax on Millionaires''.
(c) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Shared Responsibility in Preserving America's Future Act - Amends the Internal Revenue Code to impose, in taxable years beginning after 2012 and before 2023, an additional 5% tax on individual taxpayers whose modified adjusted gross income exceeds $1 million (adjusted for inflation after 2013). Defines "modified adjusted gross income" as adjusted gross income reduced by the excess of: (1) gross income from a trade or business which is not a passive activity and with respect to which wages are paid to at least one full-time equivalent employee, over (2) the tax deductions properly allocable to such income.
Makes this additional tax contingent upon the submission and ratification of a proposed amendment to the Constitution requiring a balanced budget or limiting spending. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a 5 percent tax on so much of adjusted gross income of any individual as exceeds $1,000,000, and to provide incentive for Congress to pass a balanced budget amendment, or spending limit amendment, to the Constitution."} | 1,341 | 169 | 0.526235 | 1.447044 | 0.738843 | 2.694444 | 8.0625 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Revitalization Act of
1994''.
SEC. 2. PARTICIPATION AND COOPERATION BETWEEN PUBLIC AND PRIVATE
SECTORS TO STIMULATE ECONOMIC DEVELOPMENT.
(a) In General.--Title 31, United States Code, is amended by
redesignating subtitle VI as subtitle IX and by inserting after
subtitle V the following new subtitle:
``Subtitle VI--Cooperation Between Public and Private Sectors
``Chapter Sec.
``75. Cooperative Economic Growth and Development Financing. 7501
``CHAPTER 75--COOPERATIVE ECONOMIC GROWTH AND DEVELOPMENT FINANCING
``Sec.
``7501. Definitions.
``7502. Financial participation.
``7503. Financing.
``7504. Participating financial institutions.
``Sec. 7501. Definitions
``For purposes of this chapter--
``(1) Participating financial institution.--The term
`participating financial institution' means any depository
institution (as defined in section 19(b)(1)(A) of the Federal
Reserve Act) or other lending institution--
``(A) which meets such criteria as the Secretary
may establish for participating in any cooperative
economic growth and development financing project
established by the Secretary under this chapter; and
``(B) whose application to participate as a lender
in any such project, subject to such conditions as the
Secretary may prescribe, is approved by the Secretary.
``(2) Qualified loan.--The term `qualified loan' means a
loan which--
``(A) is made to a business which--
``(i) is in good financial condition;
``(ii) has a strong potential for expansion
and growth; and
``(iii) is experiencing difficulty in
obtaining sufficient amounts of credit on terms
which are economically viable for such business
due to prevailing economic conditions or other
circumstances unrelated to the financial
condition of the business;
``(B) is made for purposes which the Secretary
determines will--
``(i) produce a significant net increase in
the number of jobs relative to the total amount
of the loan; and
``(ii) stimulate economic growth in a
region or community in which such business is
located; and
``(C) meets such underwriting standards and other
criteria as the Secretary determines to be appropriate.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``Sec. 7502. Financial participation
``(a) Loan Participations and Guarantees.--
``(1) In general.--Subject to subsections (b) and (d), the
Secretary may--
``(A) purchase a participation in any qualified
loan made by a participating financial institution; and
``(B) guarantee the payment of interest on, and the
repayment of principal of, a portion of any qualified
loan made by a participating financial institution.
``(2) Terms and conditions.--The Secretary may establish
such terms and conditions for a loan participation or loan
guarantee under paragraph (1) as the Secretary determines to be
appropriate, including--
``(A) minimum and maximum limitations on the amount
of any qualified loan which is eligible for any such
participation or guarantee; and
``(B) in the case of a loan guarantee with respect
to any qualified loan, a requirement that the
participating financial institution which originated
the loan maintain a prescribed amount of reserves with
respect to the loan or retain a subordinated
participating interest in the loan.
``(3) Fees.--The Secretary may impose a fee in such amount
as the Secretary determines to be appropriate for any loan
participation or loan guarantee made by the Secretary under
this section to cover the costs incurred by the Secretary in
carrying out this subsection.
``(b) Maximum Amount Limitations on Participations and
Guarantees.--
``(1) Loan participations.--Except with respect to the
purchase of loans in connection with the securitization of
qualified loans in accordance with subsection (c), the amount
of any loan participation or other interest in any qualified
loan acquired by the Secretary under this chapter may not
exceed the amount which is equal to 70 percent of the total
amount of the loan.
``(2) Loan guarantees.--The amount of any guarantee made by
the Secretary under subsection (a)(2) with respect to any
qualified loan may not exceed 50 percent of the amount which is
equal to--
``(A) the total principal of the loan; minus
``(B) the amount of any participation in such loan
which the Secretary has acquired.
``(c) Securitization of Qualified Loans.--
``(1) In general.--The Secretary may issue securities
backed by a pool of qualified loans acquired by the Secretary
for such purpose.
``(2) Securities not backed by full faith and credit of the
united states.--
``(A) In general.--A security issued by the
Secretary under paragraph (1) shall not be an
obligation of the United States, or guaranteed in any
respect by, the United States.
``(B) Coordination with loan guarantees.--A loan
guarantee provided by the Secretary with respect to any
portion of a qualified loan shall cease to be effective
at the time the loan is acquired by the Secretary for
inclusion in a pool of qualified loans under paragraph
(1).
``(3) Standards.--The Secretary shall establish standards
governing the composition of a pool of qualified loans under
paragraph (1), including standards requiring--
``(A) a broad geographical distribution of the
businesses which received the loans which are in the
pool;
``(B) a diversity in the types of businesses which
received the loans and in the purposes for which the
loans were made;
``(C) a wide variety in the amounts of principal of
the qualified loans included in the pool; and
``(D) a large number of loans in the pool.
``(4) Maximum size of loan includible in pool.--In order to
be included in a pool under paragraph (1), the total amount of
principal of a qualified loan may not exceed an amount equal to
10 percent of the total amount of all loans in such pool.
``(5) Authority to purchase qualified loans for inclusion
in pool.--Subject to subsection (d), the Secretary may purchase
qualified loans for inclusion in a pool under paragraph (1).
``(d) Annual Limitation on Aggregate Amount of Loans and
Guarantees.--
``(1) Loan participations.--The aggregate amount of
qualified loan participations acquired by the Secretary and the
amount of qualified loans purchased by the Secretary for
inclusion in a pool under subsection (c) shall not exceed
$100,000 in any fiscal year.
``(2) Loan guarantees.--The aggregate amount of guarantees
issued by the Secretary with respect to qualified loans shall
not exceed $200,000 in any fiscal year.
``Sec. 7503. Financing
``(a) Bond Authority.--
``(1) In general.--In order to obtain additional resources
to carry out section 7503 at no expense to the Federal
Government or the taxpayer, the Secretary may issue bonds in
accordance with this section to obtain additional resources to
carry out section 7503.
``(2) Private guarantee.--The Secretary may not issue a
bond under paragraph (1) unless (a) the issuance is fully
guaranteed by a financial institution which has the highest
credit rating of any financial institution in the United States
by at least 1 unaffiliated, nationally recognized statistical
rating organization or (b) the loan obligation is insured or
underwritten by a letter of credit or credit insurance issued
by a financial institution which has the highest credit rating
of any financial institution in the United States by at least 1
unaffiliated, nationally statistical rating organization.
``(3) Terms and conditions imposed by underwriter.--Except
to the extent otherwise provided in this chapter, the Secretary
shall comply with any term or condition imposed by an
underwriter in connection with the issuance of any bond under
paragraph (1).
``(4) Securities not backed by full faith and credit of the
united states.--A bond issued by the Secretary under paragraph
(1) shall not be an obligation of the United States, or
guaranteed in any respect by, the United States.
``Sec. 7504. Participating financial institutions
``(a) Standards and Application Process.--The Secretary shall
establish standards and application procedures for the designation of
participating financial institutions for purposes of this chapter.
``(b) Advertising and Public Notice.--The Secretary shall provide
advertising and public notices, and take such other actions as the
Secretary determines to be appropriate, to publicize--
``(1) the existence of the cooperative financial
participation projects established under this chapter; and
``(2) the names and addresses of the participating
financial institutions involved in such cooperative
projects.''.
(b) Clerical Amendment.--The table of subtitles for title 31,
United States Code, is amended by redesignating the item relating to
subtitle VI as subtitle IX and by inserting after the item relating to
subtitle V the following new item:
``VI. Cooperation Between Public and Private Sectors........ 7501''. | Economic Revitalization Act of 1994 - Amends Federal law to set forth conditions under which the Secretary of the Treasury may: (1) participate in and guarantee loans made by certain participating financial institutions to specified sound business enterprises ("qualified loans"); and (2) issue securities backed by a pool of qualified loans acquired by the Secretary for such purpose. | {"src": "billsum_train", "title": "Economic Revitalization Act of 1994"} | 2,017 | 71 | 0.529008 | 1.286016 | 0.933699 | 3.3 | 27.228571 | 0.842857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair And Immediate Release of
Generic Drugs Act'' or the ``FAIR Generics Act''.
SEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT
STATUS.
(a) Amendments to Federal Food, Drug, and Cosmetic Act.--
(1) In general.--Section 505(j)(5)(B) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended--
(A) in clause (iv)(II)--
(i) by striking item (bb); and
(ii) by redesignating items (cc) and (dd)
as items (bb) and (cc), respectively; and
(B) by adding at the end the following:
``(v) First applicant defined.--As used in this subsection,
the term `first applicant' means an applicant--
``(I)(aa) that, on the first day on which a
substantially complete application containing a
certification described in paragraph (2)(A)(vii)(IV) is
submitted for approval of a drug, submits a
substantially complete application that contains and
lawfully maintains a certification described in
paragraph (2)(A)(vii)(IV) for the drug; and
``(bb) that has not entered into a disqualifying
agreement described under clause (vii)(II); or
``(II)(aa) for the drug that is not described in
subclause (I) and that, with respect to the applicant
and drug, each requirement described in clause (vi) is
satisfied; and
``(bb) that has not entered into a disqualifying
agreement described under clause (vii)(II).
``(vi) Requirement.--The requirements described in this
clause are the following:
``(I) The applicant described in clause (v)(II)
submitted and lawfully maintains a certification
described in paragraph (2)(A)(vii)(IV) or a statement
described in paragraph (2)(A)(viii) for each unexpired
patent for which a first applicant described in clause
(v)(I) had submitted a certification described in
paragraph (2)(A)(vii)(IV) on the first day on which a
substantially complete application containing such a
certification was submitted.
``(II) With regard to each such unexpired patent
for which the applicant described in clause (v)(II)
submitted a certification described in paragraph
(2)(A)(vii)(IV), no action for patent infringement was
brought against such applicant within the 45-day period
specified in paragraph (5)(B)(iii); or if an action was
brought within such time period, such an action was
withdrawn or dismissed by a court (including a district
court) without a decision that the patent was valid and
infringed; or if an action was brought within such time
period and was not withdrawn or so dismissed, such
applicant has obtained the decision of a court
(including a district court) that the patent is invalid
or not infringed (including any substantive
determination that there is no cause of action for
patent infringement or invalidity, and including a
settlement order or consent decree signed and entered
by the court stating that the patent is invalid or not
infringed).
``(III) If an applicant described in clause (v)(I)
has begun commercial marketing of such drug, the
applicant described in clause (v)(II) does not begin
commercial marketing of such drug until the date that
is 30 days after the date on which the applicant
described in clause (v)(I) began such commercial
marketing.''.
(2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of
such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking
``The first applicant'' and inserting ``The first applicant, as
defined in subparagraph (B)(v)(I),''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only with respect to an application filed under section 505(j) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which
the amendments made by section 1102(a) of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173)
apply.
SEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO
DEFER COMMERCIAL MARKETING.
(a) Amendments to Federal Food, Drug, and Cosmetic Act.--
(1) Limitations on agreements to defer commercial marketing
date.--Section 505(j)(5)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2,
is further amended by adding at the end the following:
``(vii) Agreement by first applicant to defer commercial
marketing; limitation on acceleration of deferred commercial
marketing date.--
``(I) Agreement to defer approval or commercial
marketing date.--An agreement described in this
subclause is an agreement between a first applicant and
the holder of the application for the listed drug or an
owner of one or more of the patents as to which any
applicant submitted a certification qualifying such
applicant for the 180-day exclusivity period whereby
that applicant agrees, directly or indirectly, (aa) not
to seek an approval of its application that is made
effective on the earliest possible date under this
subparagraph, subparagraph (F) of this paragraph,
section 505A, or section 527, (bb) not to begin the
commercial marketing of its drug on the earliest
possible date after receiving an approval of its
application that is made effective under this
subparagraph, subparagraph (F) of this paragraph,
section 505A, or section 527, or (cc) to both items
(aa) and (bb).
``(II) Agreement that disqualifies applicant from
first applicant status.--An agreement described in this
subclause is an agreement between an applicant and the
holder of the application for the listed drug or an
owner of one or more of the patents as to which any
applicant submitted a certification qualifying such
applicant for the 180-day exclusivity period whereby
that applicant agrees, directly or indirectly, not to
seek an approval of its application or not to begin the
commercial marketing of its drug until a date that is
after the expiration of the 180-day exclusivity period
awarded to another applicant with respect to such drug
(without regard to whether such 180-day exclusivity
period is awarded before or after the date of the
agreement).
``(viii) Limitation on acceleration.--If an agreement
described in clause (vii)(I) includes more than 1 possible date
when an applicant may seek an approval of its application or
begin the commercial marketing of its drug--
``(I) the applicant may seek an approval of its
application or begin such commercial marketing on the
date that is the earlier of--
``(aa) the latest date set forth in the
agreement on which that applicant can receive
an approval that is made effective under this
subparagraph, subparagraph (F) of this
paragraph, section 505A, or section 527, or
begin the commercial marketing of such drug,
without regard to any other provision of such
agreement pursuant to which the commercial
marketing could begin on an earlier date; or
``(bb) 180 days after another first
applicant begins commercial marketing of such
drug; and
``(II) the latest date set forth in the agreement
on which that applicant can receive an approval that is
made effective under this subparagraph, subparagraph
(F) of this paragraph, section 505A, or section 527, or
begin the commercial marketing of such drug, without
regard to any other provision of such agreement
pursuant to which commercial marketing could begin on
an earlier date, shall be the date used to determine
whether an applicant is disqualified from first
applicant status pursuant to clause (vii)(II).''.
(2) Notification of fda.--Section 505(j) of such Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The holder of an abbreviated application under this
subsection shall submit to the Secretary a notification that includes--
``(i)(I) the text of any agreement entered into by such
holder described under paragraph (5)(B)(vii)(I); or
``(II) if such an agreement has not been reduced to text, a
written detailed description of such agreement that is
sufficient to disclose all the terms and conditions of the
agreement; and
``(ii) the text, or a written detailed description in the
event of an agreement that has not been reduced to text, of any
other agreements that are contingent upon, provide a contingent
condition for, or are otherwise related to an agreement
described in clause (i).
``(B) The notification described under subparagraph (A) shall be
submitted not later than 10 business days after execution of the
agreement described in subparagraph (A)(i). Such notification is in
addition to any notification required under section 1112 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
``(C) Any information or documentary material filed with the
Secretary pursuant to this paragraph shall be exempt from disclosure
under section 552 of title 5, United States Code, and no such
information or documentary material may be made public, except as may
be relevant to any administrative or judicial action or proceeding.
Nothing in this paragraph is intended to prevent disclosure to either
body of the Congress or to any duly authorized committee or
subcommittee of the Congress.''.
(3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C.
331(e)) is amended by striking ``505 (i) or (k)'' and inserting
``505 (i), (j)(11), or (k)''.
(b) Infringement of Patent.--Section 271(e) of title 35, United
States Code, is amended by adding at the end the following:
``(7) The exclusive remedy under this section for an infringement
of a patent for which the Secretary of Health and Human Services has
published information pursuant to subsection (b)(1) or (c)(2) of
section 505 of the Federal Food, Drug, and Cosmetic Act shall be an
action brought under this subsection within the 45-day period described
in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal
Food, Drug, and Cosmetic Act.''.
(c) Applicability.--
(1) Limitations on acceleration of deferred commercial
marketing date.--The amendment made by subsection (a)(1) shall
apply only with respect to--
(A) an application filed under section 505(j) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)) to which the amendments made by section 1102(a)
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) apply;
and
(B) an agreement described under section
505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a)(1)) executed
after the date of enactment of this Act.
(2) Notification of fda.--The amendments made by paragraphs
(2) and (3) of subsection (a) shall apply only with respect to
an agreement described under section 505(j)(5)(B)(vii)(I) of
the Federal Food, Drug, and Cosmetic Act (as added by
subsection (a)(1)) executed after the date of enactment of this
Act. | Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to disqualify from being a “first applicant” an applicant submitting an abbreviated new drug application (for a generic drug) to the Food and Drug Administration that has entered into a specified agreement. Currently, any generic drug applicant submitting an application on the first day an application is submitted for that drug is a “first applicant” and is granted a 180-day marketing exclusivity period. An agreement that disqualifies a generic drug applicant from being a first applicant is an agreement between the applicant and the holder of the application or a patent for the brand name drug whereby the applicant agrees not to seek approval or begin marketing the generic drug until the expiration of the exclusivity period awarded to another applicant. “First applicant” is expanded to include applicants that did not submit an application on the first day an application was submitted. These first applicants must not have a patent infringement action pending against them and must not have been found to have infringed a patent. If an applicant that submitted an application on the first day an application was submitted has begun marketing the drug, a first applicant that submitted after the first day cannot begin marketing until 30 days after the first day applicant began marketing. A first applicant that has entered into an agreement not to seek approval of an application or begin marketing at the earliest possible date cannot seek approval or begin marketing until the earlier of: (1) the latest date set forth in the agreement, or (2) 180 days after a first day applicant begins marketing. An action for infringement of a drug patent must be brought within the 45-day period described in FFDCA. | {"src": "billsum_train", "title": "FAIR Generics Act"} | 2,737 | 409 | 0.523941 | 1.679147 | 0.780522 | 2.297935 | 6.781711 | 0.882006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``G.I. Advanced Education in Science
and Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is starting to lose dominance in
science and technology.
(2) Increasingly the mothers and fathers of scientific and
technological invention are not American, and the number of new
doctorates in the sciences, and the number of doctoral students
from other countries staying in the United States, are on the
decline.
(3) This decline has serious implications for jobs,
industry, and national security in the United States.
(4) Shortages in the science and technology base of the
United States will be addressed, in part, by creating a
scientific and technology doctoral study program in the
sciences of engineering, mathematics, and technology for
veterans.
SEC. 3. STIPENDS FOR PURSUIT OF DOCTORAL DEGREES IN SCIENCE AND
TECHNOLOGY.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--STIPENDS FOR VETERANS PURSUING DOCTORAL DEGREES IN
SCIENCE OR TECHNOLOGY
``Sec. 3041. Stipend for pursuit of certain doctoral degrees
``(a) In General.--Subject to the availability of appropriations
for such purpose, the Secretary shall pay a monthly stipend to each
eligible doctoral candidate under this subchapter for each month that
the candidate is pursuing full-time a doctoral degree in the sciences
of engineering, mathematics, or other technology disciplines.
``(b) Eligible Doctoral Candidates Defined.--In this subchapter,
the term `eligible doctoral candidate' means an individual who meets
the following requirements:
``(1) The individual meets the requirements that apply
under section 3011 for entitlement to basic educational
assistance under subchapter II of this title, other than
requirement under subsection (c) of such section 3011 (relating
to reductions in basic pay).
``(2) The individual is pursuing full-time a doctoral
degree in the sciences of engineering, mathematics, or
technology disciplines, after having completed a bachelor's
degree program in any academic discipline at an institution of
higher education.
``(c) Relation to Basic Montgomery GI Bill Educational
Assistance.--Payment of educational assistance under this subchapter is
in addition to payment of educational assistance under subchapter II or
III of this chapter.
``Sec. 3042. Duration of payments
``Payments of stipends under section 3041 of this title to an
eligible doctoral candidate may be made for a period not to exceed a
total of 60 months.
``Sec. 3043. Amount of stipend
``(a) In General.--Subject to subsection (b), the Secretary shall
pay to an eligible doctoral candidate pursuing a course at an
institution of higher learning leading to a doctoral degree referred to
in section 3041(a) of this title at the monthly rate of $1,200.
``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2007, the Secretary shall provide a
percentage increase (rounded to the nearest dollar) in the rate payable
under subsection (a) equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).
``Sec. 3044. Requirements
``Payments of stipends under section 3041 of this title to an
eligible doctoral candidate may be made only insofar as the eligible
doctoral candidate--
``(1) has been accepted into an accredited doctoral program
at an institution of higher learning;
``(2) provides annual documentation to the Secretary of
full-time matriculation in the doctoral program; and
``(3) maintains good academic standing.
``Sec. 3045. Time limitation for payment of stipends
``The period during which the Secretary may make payments of
stipends under section 3041 of this title to an eligible doctoral
candidate under this subchapter expires at the end of the 10-year
period beginning on the date on which the eligible doctoral candidate
is discharged or released from active duty in the Armed Forces.''.
(b) Conforming Amendments.--(1) Section 3011 of such title is
amended in subsection (f)(1) and (g) by striking ``chapter'' each place
it appears and inserting ``subchapter''.
(2) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
(3) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
(4) Section 3018C of such title is amended by striking
``educational assistance under this chapter'' each place it appears and
inserting ``educational assistance under this subchapter''.
(5) Section 3019 of such title is amended by striking ``chapter''
each place it appears and inserting ``subchapter''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new items:
``subchapter v--stipends for veterans pursuing doctoral degrees in
science or technology
``3041. Stipend for pursuit of certain doctoral degrees.
``3042. Duration of payments.
``3043. Amount of stipend.
``3044. Requirements.
``3045. Time limitation for payment of stipends.''. | G.I. Advanced Education in Science and Technology Act - Directs the Secretary of Veterans Affairs to pay a monthly stipend to each individual who is entitled to veterans' basic educational assistance and is pursuing full-time a doctoral degree in the sciences of engineering, mathematics, or other technology disciplines. Allows such payment in addition to any other authorized Montgomery GI Bill educational assistance.
Makes such payment $1,200 a month (adjusted for inflation for fiscal years after 2005) for up to 60 months. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for the payment of stipends to veterans who pursue doctoral degrees in science or technology."} | 1,377 | 114 | 0.495327 | 1.465901 | 0.618676 | 4.075269 | 12.892473 | 0.892473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Children Self-Support Act''.
SEC. 2. BAN ON USE OF SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME
BENEFITS PAID TO REPRESENTATIVE PAYEES ON BEHALF OF
FOSTER CHILDREN FOR STATE COSTS.
(a) Amendments to Title II.--Section 205(j)(9) of the Social
Security Act (42 U.S.C. 405(j)(9)) is amended--
(1) by inserting ``(A)'' after ``(9)''; and
(2) by adding at the end the following:
``(B)(i) A representative payee shall not use any benefits paid to
the representative payee pursuant to paragraph (1) to reimburse a State
for--
``(I) foster care maintenance payments made pursuant to
section 472, or
``(II) other payments made by a State or political
subdivision of a State to cover maintenance expenses for an
individual who is in foster care under the responsibility of
the State.
``(ii) A fee charged in accordance with paragraph (4)(A)(i) or
section 1631(a)(2)(D) shall not be considered a maintenance expense for
purposes of clause (i) of this subparagraph.''.
(b) Amendments to Title XVI.--Section 1631(a)(2)(A)(iv) of such Act
(42 U.S.C. 1383(a)(2)(A)(iv)) is amended--
(1) by inserting ``(I)'' after ``(iv)'';
(2) by adding ``and'' at the end; and
(3) by adding after and below the end the following:
``(II) A representative payee of an individual or eligible spouse
shall not use any benefits paid to the representative payee pursuant to
clause (ii) of this subparagraph to reimburse a State for--
``(aa) foster care maintenance payments made pursuant to
section 472; or
``(bb) other payments made by a State or political
subdivision of a State to cover maintenance expenses for an
individual who is in foster care under the responsibility of
the State.
``(III) A fee charged in accordance with subparagraph (D) of this
paragraph or section 205(j)(4)(A)(i) shall not be considered a
maintenance expense for purposes of subclause (II) of this clause.''.
SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGIBILITY FOR SOCIAL
SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS.
(a) State Plan Requirement.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding at the end the following:
``(28) provides that, not later than the beginning of the
1st calendar quarter that begins after the 3-year period that
begins with the date of the encatment of this paragraph, the
State agency referred to in paragraph (2) of this subsection
shall--
``(A) develop and implement procedures to ensure
that, within 60 days after the status of a child who is
in foster care under the responsibility of the State is
first reviewed pursuant to section 475(5)(B), the child
is screened to determine the potential eligibility of
the child for benefits under title II and for
supplemental security income benefits under title XVI;
and
``(B) if the screening results in a determination
that the child is potentially eligible for any of such
benefits--
``(i) provide the child with assistance in
applying for, and (if necessary) appealing any
decisions made with respect to, the benefits;
and
``(ii) if there is no other suitable
candidate available, apply to become the
representative payee for the child with respect
to the benefits.''.
(b) GAO Study.--
(1) In general.--Within 6 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct a study to determine whether the States
have substantially complied with the amendments made by this
section, including specifically whether the States have--
(A) established successful procedures that screen
all foster children under the responsibility of the
States for their potential eligibility for benefits
under title II of the Social Security Act and for
supplemental security income benefits under title XVI
of such Act;
(B) provided all such potentially eligible foster
children assistance in applying for, and appealing
decisions made with respect to, the benefits; and
(C) implemented procedures to identify suitable
nongovernmental candidates to serve as representative
payees for children in foster care with respect to the
benefits.
(2) Report to the congress.--Within 1 year after completing
the study required by paragraph (1), the Comptroller General
shall submit to the Congress a written report that contains the
results of the study.
SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM FOR FOSTER CHILD OF
DETERMINATION TO PAY SOCIAL SECURITY OR SUPPLEMENTAL
SECURITY INCOME BENEFITS TO REPRESENTATIVE PAYEE.
(a) Amendment to Title II.--Section 205(j)(2)(E)(ii) of the Social
Security Act (42 U.S.C. 405(j)(2)(E)(ii)) is amended by inserting ``,
except that, in the case of an individual who is in foster care under
the responsibility of a State, such notice shall also be provided to
the attorney or guardian ad litem appointed to represent the individual
pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention
and Treatment Act'' before the period.
(b) Amendment to Title XVI.--Section 1631(a)(2)(B)(xii) of such Act
(42 U.S.C. 1383(a)(2)(B)(xii) is amended by inserting ``, except that,
in the case of an individual who is in foster care under the
responsibility of a State, such notice shall also be provided to the
attorney or guardian ad litem appointed to represent the individual
pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention
and Treatment Act'' before the period.
SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME
BENEFITS FOR FOSTER CHILDREN.
(a) Plan for Achieving Self-Support.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)), as amended by section 3(a) of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) provides that, with respect to each child in foster
care under the responsibility of the State who is a recipient
of benefits under title II or supplemental security income
benefits under title XVI, the State agency shall develop a
plan, developed specifically for the child, which is designed
to best meet the current and future needs of the individual and
enable the child to achieve self-support after leaving foster
care, in accordance with the following:
``(A)(i) The plan shall set forth a strategy to
conserve benefits not necessary for the immediate needs
of the child, determined as provided for pursuant to
clause (ii) of this subparagraph, in a manner that best
meets the future needs and educational and employment
interests of the child.
``(ii) The plan shall provide for a determination
as to whether the child has immediate needs for which
the benefits should be used consistent with sections
205(j)(10)(B) and1631(a)(2)(A)(iv)(II).
``(iii) The plan shall provide that, if the child
ceases to be under the responsibility of the State, any
assets set aside under the plan shall be conserved and
inaccessible to the child, except for a use of funds
described in item (aa) through (gg) of section
1631(a)(2)(F)(ii)(II) of this Act, or for another use
approved by the Secretary as being in the best
interests of the child, until the child attains 18
years of age at which time any assets subject to the
plan shall be distributed to the child.
``(B) The State agency shall--
``(i) develop and implement the plan in
collaboration with the child (on an age-
appropriate basis), the social worker for the
child, the person acting as the representative
payee for the child pursuant to section 205(j)
or 1631(a)(2) of this Act, and the attorney or
guardian ad litem appointed to represent the
child pursuant to section 106(b)(2)(A)(xiii) of
the Child Abuse Prevention and Treatment Act;
and
``(ii) in developing and implementing the
plan, make reasonable efforts to seek input
from the parents and caretakers of the child.
``(C)(i) Within 60 days after the status of the
child is first reviewed pursuant to section 475(5)(B),
the State agency shall complete the plan.
``(ii) The State agency shall ensure that each
subsequent such review of such status shall include
consideration of an updated version of the plan and a
report on the progress made in implementing the plan.
``(D)(i) Not later than 30 days before the status
of the child is first reviewed pursuant to section
475(5)(B) of this Act after completion of the plan, the
State agency shall provide a copy of the plan to the
attorney or guardian ad litem appointed to represent
the child pursuant to section 106(b)(2)(A)(xiii) of the
Child Abuse Prevention and Treatment Act.
``(ii) Not later than 30 days before each
subsequent such review, the State agency shall provide
an updated copy of the plan to the attorney or guardian
ad litem so appointed.
``(E)(i) The child may request the plan to be
modified in a review of the status of the child
pursuant to section 475(5)(B), in a separate hearing,
or in a permanency hearing pursuant to section
475(5)(C).
``(ii) The plan shall not be treated, in any
administrative or judicial review proceeding, as
meeting the requirements of this paragraph with respect
to a child unless the plan is determined by the
reviewer to be the best available means of meeting the
current and future needs and educational and employment
interests of the child.''.
(b) Provisions Relating to Representative Payees.--
(1) Amendments to title ii.--Section 205(j) of such Act (42
U.S.C. 405(j)) (as amended by the preceding provisions of this
Act) is amended further--
(A) by redesignating paragraphs (8), (9), and (10)
as paragraphs (9), (10), and (11), repectively; and
(B) by inserting after paragraph (7) the following
new paragraph:
``(8) A representative payee shall manage the benefits paid to the
representative payee under paragraph (1) on behalf of an individual who
is in foster care under the responsibility of a State, in accordance
with the plan developed for the child pursuant to section
471(a)(26).''.
(2) Amendment to title xvi.--Section 1631(a)(2) of such Act
(42 U.S.C. 1383(a)(2)) is amended by adding at the end the
following:
``(J) A representative payee shall manage the benefits paid to the
representative payee under subparagraph (A)(ii) of this paragraph on
behalf of an individual who is in foster care under the responsibility
of a State, in accordance with the plan developed for the child
pursuant to section 471(a)(26).''.
(c) Exclusion From Resources Under the SSI Program.--Section
1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; and''; and
(3) by inserting after paragraph (15) the following:
``(16) any assets managed on behalf of an eligible
individual in accordance with a plan developed for the
individual pursuant to section 471(a)(26).''.
SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH OR IN KIND
DISREGARDED IN DETERMINING INCOME OF FOSTER CHILDREN
UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM.
Section 1612(a)(2)(A) of the Social Security Act (42 U.S.C.
1382a(a)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii); and
(2) by inserting ``, and (iv) clause (i) shall not apply in
the case of a child who is in foster care under the
responsibility of a State'' before the last seimcolon.
SEC. 7. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b) of this
section, the amendments made by this Act (other than by section 3(a))
shall apply to benefits payable for months beginning after the date of
the enactment of this Act.
(b) State Plan Requirements Relating to Plans for Achieving Self-
Support.--
(1) In general.--The amendments made by section 5(a) of
this Act shall take effect on the 1st day of the 1st calendar
quarter beginning after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning after such
1st day.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan approved under part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by section 5(a) of
this Act, the plan shall not be regarded as failing to meet any
of the additional requirements before the 1st day of the 1st
calendar quarter beginning after the first regular session of
the State legislature that begins after the date of the
enactment of this Act. If the State has a 2-year legislative
session, each year of the session is deemed to be a separate
regular session of the State legislature. | Foster Children Self-Support Act - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to ban the use of Social Security or SSI benefits, paid to representative payees on behalf of foster children, to reimburse foster care maintenance payments by states.
Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to require the state plan for foster care and adoption assistance to provide for screening of foster children for eligibility for Social Security and SSI benefits and assistance.
Requires written notice to the attorney or guardian ad litem appointed to represent a foster child of the Commissioner of Social Security's initial determination to certify payment of such benefits to a representative payee.
Requires a state plan to require the appropriate state agency to develop a plan for each foster care child receiving Social Security or SSI benefits which is designed to best meet the individual's current and future needs and enable the child to achieve self-support after leaving foster care.
Requires a representative payee to manage the benefits paid on behalf of such a foster child in accordance with the plan developed for the child.
Excludes from the calculation of an individual's resources under the SSI program any assets managed on the individual's behalf in accordance with such plan.
Disregards support and maintenance furnished in cash or in kind in determining the income of foster children under the SSI program. | {"src": "billsum_train", "title": "To ensure that foster children are able to use their social security and supplemental security income benefits to address their needs and improve their lives."} | 3,486 | 350 | 0.587048 | 1.678885 | 0.779819 | 3.551601 | 10.209964 | 0.896797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA Misconduct Accountability Act of
2017''.
SEC. 2. TSA REQUIREMENTS FOR ADDRESSING EMPLOYEE MISCONDUCT.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Requirements for addressing employee misconduct
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Transportation
Security Administration (TSA) shall--
``(1) revise TSA's employee code of conduct policy to
include--
``(A) a process for disciplining an employee who,
as determined by the Administrator, has received within
a certain timeframe a certain number of disciplinary or
adverse actions in response to violations of such
policy; and
``(B) guidance on how employees should report
misconduct;
``(2) identify methods for addressing employee misconduct,
including revising agency-wide, baseline `table of offenses and
penalties' used for both non-disciplinary and disciplinary
actions regarding misconduct, including all acceptable non-
disciplinary, disciplinary, and adverse actions that may be
administered for misconduct;
``(3) submit to the Chief Human Capital Officer of the
Department of Homeland Security such code of conduct policy and
such table of offenses and penalties for review by such Officer
in consideration of Department policies and regulations, in
accordance with subsection (e); and
``(4) identify a senior TSA official responsible for
overseeing TSA's employee code of conduct policy and table of
offenses and penalties.
``(b) Implementation.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall instruct TSA
managers how to appropriately administer discipline related to employee
misconduct.
``(c) Identification.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall identify and address
causes of employee misconduct by--
``(1) monitoring misconduct trends through a quarterly
review and analysis of misconduct data; and
``(2) establishing specific outcome measures to assess
performance.
``(d) Initiatives.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall, in consultation
with the Chief Human Capital Officer of the Department of Homeland
Security, implement human capital initiatives to address TSA employee
misconduct by--
``(1) modifying the annual or periodic performance plans of
Federal Security Directors to include the extent to which such
Directors ensure that disciplinary actions administered at the
airport for which they are responsible are consistent with TSA
policy;
``(2) notifying applicants of disqualifying offenses in
employment announcements for job descriptions or during the
application process to ensure that appropriately qualified
candidates apply and are hired for such positions; and
``(3) developing and delivering training and on-the-job
resources for supervisors to address misconduct issues in
accordance with TSA policy.
``(e) Chief Human Capital Officer.--
``(1) In general.--Not later than 60 days after receipt of
the TSA employee code of conduct policy and the table of
offenses and penalties under subsection (a), the Chief Human
Capital Officer of the Department of Homeland Security shall
review such policy and such table to ensure that such policy
and such table align, as appropriate, with the policies and
tables developed by the Chief Human Capital Officer for the
Department.
``(2) Monitoring.--The Chief Human Capital Officer of the
Department of Homeland Security shall, as part of existing
working groups established by such Officer, monitor through
fiscal year 2020 the implementation under subsection (b) of the
TSA employee code of conduct.
``(f) Definitions.--In this section:
``(1) Actions.--The term `actions' means consequences for
employee misconduct, up to and including removal from Federal
service, established by TSA policy.
``(2) Misconduct.--The term `misconduct' means the failure
of a TSA employee to comply with a performance plan, rule,
regulation, or law within the scope of such employee's duties,
responsibilities, or functions.''.
(b) Prohibition on New Funding.--No funds are authorized to carry
out this section and the amendment made by this section. This section
and such amendment shall be carried out using amounts otherwise made
available.
(c) Clerical Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by inserting after the item relating to
section 44946 the following new item:
``44947. Requirements for addressing employee misconduct.''. | TSA Misconduct Accountability Act of 2017 This bill directs the Transportation Security Administration (TSA) to: revise its employee code of conduct policy to include a process for disciplining an employee who has received a certain number of disciplinary or adverse actions for violations of such policy within a certain timeframe, as well as guidance on how employees should report misconduct; identify methods for addressing employee misconduct, including revising the agency-wide baseline table of offenses and penalties used for both non-disciplinary and disciplinary actions regarding misconduct; submit to the Chief Human Capital Officer of the Department of Homeland Security (DHS) such policy and table; identify a senior TSA official responsible for overseeing such policy and table; instruct TSA managers on how to appropriately administer discipline for employee misconduct; and identify and address causes of misconduct. TSA shall implement human capital initiatives to address employee misconduct by: (1) modifying the performance plans of Federal Security Directors to include the extent to which such directors ensure that disciplinary actions administered at the airport for which they are responsible are consistent with TSA policy, (2) notifying applicants of disqualifying offenses to ensure that appropriately qualified candidates apply and are hired, and (3) delivering training and on-the-job resources for supervisors to address misconduct issues in accordance with TSA policy. DHS's Chief Human Capital Officer shall monitor, through FY2020, the implementation of the TSA employee code of conduct. | {"src": "billsum_train", "title": "TSA Misconduct Accountability Act of 2017"} | 1,032 | 301 | 0.735669 | 2.11785 | 1.116715 | 4.857143 | 3.538462 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act of 2005''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Exchange Required.--If the United Water Conservation District
of California (in this section referred to as the ``District'') conveys
to the Secretary of Agriculture all right, title, and interest of the
District in and to the lands described in subsection (b), the Secretary
shall convey to the District, in exchange for such lands, all right,
title, and interest of the United States in and to the National Forest
System lands described in subsection (c). The conveyance of National
Forest System lands under this section shall be subject to valid
existing rights and to such terms, conditions, and reservations as may
be required by this section or considered necessary by the Secretary.
(b) Lands to Be Conveyed by District.--The lands to be conveyed by
the District under subsection (a) consist of approximately 340 acres
located within township 5 north, range 18 west, San Bernardino base and
meridian and are more fully described as follows:
(1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40
acres).
(2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40
acres).
(3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80
acres).
(4) ``Tract D''--NE1/4 of section 21 (approximately 160
acres).
(5) ``Tract E''--N1/2SW1/4SW1/4 of section 15
(approximately 20 acres).
(c) Lands to Be Conveyed by Secretary.--The National Forest System
lands to be conveyed by the Secretary under subsection (a) consist of
approximately 440 acres located within township 5 north, range 18 west,
San Bernardino base and meridian and are more fully described as
follows:
(1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80
acres).
(2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40
acres).
(3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15
(approximately 20 acres).
(5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15
(approximately 10 acres).
(6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately
2.5 acres).
(8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15
(approximately 5 acres).
(9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15
(approximately 2.5 acres).
(10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15
(approximately 10 acres).
(11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15
(approximately 10 acres).
(14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22
(approximately 10 acres).
(15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22
(approximately 2.5 acres).
(16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22
(approximately 2.5 acres).
(17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22
(approximately 20 acres).
(18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately
40 acres).
(19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately
80 acres).
(20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22
(approximately 20 acres).
(21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately
60 acres).
(22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27
(approximately 10 acres).
(d) Maps and Corrections Authority.--The lands to be exchanged
under this section are depicted on maps entitled ``Los Padres National
Forest Land Exchange'' and dated June 1, 2005. The maps shall be on
file and available for public inspection in appropriate offices of the
Forest Service until completion of the land exchange. By mutual
agreement, the Secretary and the District may adjust the legal
descriptions specified in subsections (b) and (c) and the boundaries
depicted on the maps based upon survey or a determination that a
modification would be in the public interest to correct errors or make
minor adjustments in the lands to be exchanged under this section.
(e) Processing of Land Exchange.--
(1) Equal value exchange.--The land exchange under this
section shall be conducted on an equal value basis, as
determined by the appraisal done in conformity with the Uniform
Appraisal Standards for Federal Lands Standards for Acquisition
and Forest Service appraisal instructions.
(2) Title standards.--The Secretary shall require that
title to the District lands to be acquired by the Secretary
under this section is in conformity with the title standards of
the Attorney General.
(3) Completion.--The Secretary shall endeavor to complete
the land exchange under this section within one year after the
date of the enactment of this Act.
(f) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands under this section, the Secretary shall reserve
easements for all roads and trails that the Secretary considers
to be necessary or desirable to provide for administrative
purposes and to ensure public access to National Forest System
lands. In particular, the Secretary shall reserve perpetual
unrestricted rights of pedestrian and equestrian access over
all existing roads and trails.
(2) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands to provide access to the Potholes trail of the
Los Padres National Forest. The site design for the parking
area shall be subject to the approval by the Secretary. The
District may reasonably regulate vehicular access to the
parking area in accordance with rules and regulations
promulgated in accordance with applicable law.
(g) Partial Revocation of Withdrawals.--The public lands
withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat.
956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power
Project No. 2153, January 15, 1957, and Forest Service Land Order No.
3338, February 28, 1964, are hereby revoked insofar as they effect the
National Forest System lands conveyed under this section.
(h) Water Rights.--The land exchange under this section does not
include any water rights owned by the District or the United States.
(i) Cash Equalization.--
(1) Limits waived.--The values of the lands to be exchanged
under this section may be equalized through the payment of a
cash equalization payment in an amount in excess of the
statutory limit specified in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(2) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation and until expended, for the acquisition,
construction, or improvement of administrative or recreational
facilities for the Los Padres National Forest in Ventura
County, Santa Barbara County, and San Luis Obispo County,
California, or for the acquisition of land or interests in land
in such counties.
(j) Administrative Costs.--The costs of conducting the land
exchange under this section shall be shared equally by the District and
the Secretary. The costs to be shared include expenditures incurred for
survey, mapping, appraisals, closing costs, recording fees, and similar
expenditures, but do not include staff salaries, administrative
overhead, attorney' fees, the cost of construction required by
subsection (f)(2), or the costs to cure any title defects.
(k) Effect of Exchange; Management of Acquired Lands.--For purposes
of section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as
adjusted as a result of the land exchange under this section, shall be
considered to be the boundaries of that national forest as of January
1, 1965. The District lands acquired by the Secretary under this
section shall be added to and administered as part of the Los Padres
National Forest in accordance with the laws and regulations applicable
to that national forest.
Passed the House of Representatives June 12, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Los Padres National Forest Land Exchange Act of 2005 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California (the District lands) and approximately 440 acres of National Forest System lands.
Requires the land exchange to be conducted on an equal value basis, as determined by appraisal.
Directs the Secretary to reserve easements in the conveyance of the National Forest System (NFS) lands for access to roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to NFS lands. Requires the District, as a condition on the receipt of the NFS land, to agree to construct a gravel parking area upon the District lands to provide access to the Potholes trail of the Los Padres National Forest. Subjects the site design for the parking area to approval by the Secretary. Permits the District to reasonably regulate vehicular access to the parking area.
Revokes certain public lands withdrawals insofar as they affect the conveyed NFS lands.
Exempts water rights from this land exchange.
Permits the the values of the lands to be exchanged to be equalized through the payment of a cash equalization payment in excess of the statutory limit specified under the Federal Land Policy and Management Act of 1976.
Requires the deposit of any cash equalization payment received by the Secretary under this Act into the fund established by the Sisk Act. Makes such payment available to the Secretary for expenditure for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties.
Requires the costs of conducting the land exchange to be shared equally by the District and the Secretary.
Adds the District lands acquired by the Secretary under this Act to the Los Padres National Forest. | {"src": "billsum_train", "title": "To provide for an exchange of lands between the Secretary of Agriculture and the United Water Conservation District of California to eliminate certain private inholdings in the Los Padres National Forest, and for other purposes."} | 2,316 | 430 | 0.520135 | 1.692685 | 0.797834 | 4.80663 | 4.875691 | 0.933702 |
SECTION 1. BAN ON DISCLOSURE OF MEDICAL QUALITY ASSURANCE INFORMATION.
Subsection (a) of section 5705 of title 38, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2)(A) Except as provided in subsection (b), no part of any
medical quality assurance record or document described in subsection
(a)(1) may be subject to discovery or admitted into evidence in any
judicial or administrative proceeding.
``(B) An individual who reviews or creates medical quality
assurance records or documents for the Department or who participates
in any proceeding that reviews or creates such records or documents may
not be permitted or required to testify in any judicial or
administrative proceeding with respect to such records or documents or
with respect to any finding, recommendation, evaluation, opinion, or
action taken by such person in connection with such records or
documents except as provided in this section.''.
SEC. 2. DISCLOSURE AUTHORITY.
(a) Clarification of Coverage.--Subsection (b)(1) of section 5705
of title 38, United States Code, is amended by striking out ``or
document'' in the matter above subparagraph (A) and inserting in lieu
thereof ``, document, or testimony''.
(b) Disclosure for Professional Use.--Such subsection is further
amended by adding at the end the following:
``(E) In an administrative or judicial proceeding commenced
by a criminal or civil law enforcement agency or
instrumentality referred to in subparagraph (C), but only
concerning the subject of such proceeding.
``(F) To a governmental board or agency or to a
professional health care society or organization, if such
record or document is needed by the board, agency, society, or
organization to issue a professional license or credential to
or to monitor the compliance with professional standards of any
health care provider who is or was an employee of the
Department.
``(G) To a hospital, medical center, or other institution
that provides health care services, if such record or document
is needed by the institution to assess the professional
qualifications of any health care provider who is or was an
employee of the Department and who has applied for or been
granted authority or employment to provide health care services
in or on behalf of such institution.
``(H) To an administrative or judicial proceeding commenced
by a present or former Department health care provider
concerning the termination, suspension or limitation of the
clinical privileges of such health care provider, or concerning
any adverse action involving such health care provider, but
only to the extent that such records or documents relate to the
clinical conduct or performance of the individual who has
commenced the action.''.
(c) Removal of Identities.--Subsection (b)(2) of such section is
amended by striking out ``if disclosure'' and all that follows through
``personal privacy'' and inserting in lieu thereof ``subparagraphs
(1)(A) and (1)(B) of this subsection''.
SEC. 3. LIMITATION ON DISCLOSURE.
Paragraph (3) of section 5705(b) of title 38, United States Code,
is amended to read as follows:
``(3) A person or entity having possession of, or access to,
information, records, or documents, or testimony relating thereto, that
is subject to the provisions of this section may not disclose such
information, records, or documents, or any testimony relating thereto,
in any manner or for any purpose except for a purpose as provided in
this subsection. No person or entity to whom a record or document has
been disclosed under this subsection shall make further disclosure of
such record or document except for a purpose provided in this
subsection.''.
SEC. 4. ACCESS TO RECORDS.
Subsection (b) of section 5705 of title 38, United States Code, is
amended by adding at the end the following:
``(7) Medical quality assurance records and documents described in
subsection (a) which are subject to section 552a of title 5 may not be
disclosed in accordance with that section except to the extent that
such disclosure is also authorized under this section.
``(8) Medical quality assurance records or documents described in
subsection (a) which are also subject to section 552a of title 5--
``(A) shall not be subject to the access provisions of such
section 552a to the extent that such access would reveal the
identities of participants in the quality assurance process
which generated the records or documents; and
``(B) are not subject to the amendment provisions of such
section 552a.
``(9) Medical quality assurance records and documents described in
subsection (a) may not be made available to any person under section
552 of title 5.''.
SEC. 5. REGULATIONS.
Subsection (d)(2) of section 5705 of title 38, United States Code,
is amended by striking out ``specified in'' and inserting in lieu
thereof ``accomplished in accordance with''. | Prohibits Department of Veterans Affairs medical quality assurance records from being subject to discovery or admitted into evidence in any judicial or administrative proceeding. Prohibits an individual who participates in the production of such records from being required to testify at such a proceeding.
Allows testimony concerning such records (currently, only the records or documents themselves) to be disclosed to Federal agencies for certain limited purposes (licensing, accreditation). Specifies additional uses for which such information may be disclosed.
Includes information and testimony related to such records within certain disclosure limitation provisions.
Prohibits the disclosure of such records by the Department as public information to the extent that such disclosure would reveal the identities of the participants in the quality assurance process which generated the records or documents. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to clarify the coverage and protection provided to medical quality assurance records by section 5705 of that title."} | 1,105 | 159 | 0.54882 | 1.556376 | 0.859574 | 2.458333 | 7.347222 | 0.791667 |
-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
-T-h-i-s -A-c-t -m-a-y -b-e -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e
-`-`-M-u-l-t-i-s-t-a-t-e -U-t-i-l-i-t-y -C-o-m-p-a-n-y -C-o-n-s-u-m-e-r
-P-r-o-t-e-c-t-i-o-n -A-c-t -o-f -1-9-9-3-'-'-.
-S-E-C-. -2-. -A-F-F-I-L-I-A-T-E -C-H-A-R-G-E-S-.
-(-a-) -S-e-c-t-i-o-n -2-0-5-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l
-P-o-w-e-r -A-c-t -(-1-6 -U-.-S-.-C-. -8-2-4-d-(-a-)-) -i-s
-a-m-e-n-d-e-d---
-(-1-) -b-y -i-n-s-e-r-t-i-n-g -`-`-(-1-)-'-'
-i-m-m-e-d-i-a-t-e-l-y -a-f-t-e-r -`-`-(-a-)-'-'-; -a-n-d
-(-2-) -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-:
-`-`-(-2-) -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -p-r-o-v-i-s-i-o-n
-o-f -t-h-e -P-u-b-l-i-c -U-t-i-l-i-t-y -H-o-l-d-i-n-g -C-o-m-p-a-n-y
-A-c-t -o-f -1-9-3-5-, -i-f -a -p-u-b-l-i-c -u-t-i-l-i-t-y
-e-n-g-a-g-e-s -i-n -a -t-r-a-n-s-a-c-t-i-o-n -w-i-t-h -a-n
-a-f-f-i-l-i-a-t-e-d -c-o-m-p-a-n-y-, -t-h-e -C-o-m-m-i-s-s-i-o-n
-s-h-a-l-l -h-a-v-e -t-h-e -a-u-t-h-o-r-i-t-y -t-o -r-e-v-i-e-w -a-n-d
-d-i-s-a-l-l-o-w -t-h-e -c-o-s-t-s -a-s-s-o-c-i-a-t-e-d -w-i-t-h
-s-u-c-h -t-r-a-n-s-a-c-t-i-o-n -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f
-d-e-t-e-r-m-i-n-i-n-g -a -j-u-s-t -a-n-d -r-e-a-s-o-n-a-b-l-e -r-a-t-e
-u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-1-)-.-'-'-.
-(-b-) -S-e-c-t-i-o-n -2-0-6-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l
-P-o-w-e-r -A-c-t -(-1-6 -U-.-S-.-C-. -8-2-4-e-(-a-)-) -i-s
-a-m-e-n-d-e-d---
-(-1-) -b-y -i-n-s-e-r-t-i-n-g -`-`-(-1-)-'-'
-i-m-m-e-d-i-a-t-e-l-y -a-f-t-e-r -`-`-(-a-)-'-'-; -a-n-d
-(-2-) -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-:
-`-`-(-2-) -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -p-r-o-v-i-s-i-o-n
-o-f -t-h-e -P-u-b-l-i-c -U-t-i-l-i-t-y -H-o-l-d-i-n-g -C-o-m-p-a-n-y
-A-c-t -o-f -1-9-3-5-, -i-f -a -p-u-b-l-i-c -u-t-i-l-i-t-y
-e-n-g-a-g-e-s -i-n -a -t-r-a-n-s-a-c-t-i-o-n -w-i-t-h -a-n
-a-f-f-i-l-i-a-t-e-d -c-o-m-p-a-n-y-, -t-h-e -C-o-m-m-i-s-s-i-o-n
-s-h-a-l-l -h-a-v-e -t-h-e -a-u-t-h-o-r-i-t-y -t-o -r-e-v-i-e-w -a-n-d
-d-i-s-a-l-l-o-w -t-h-e -c-o-s-t-s -a-s-s-o-c-i-a-t-e-d -w-i-t-h
-s-u-c-h -t-r-a-n-s-a-c-t-i-o-n -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f
-d-e-t-e-r-m-i-n-i-n-g -a -j-u-s-t -a-n-d -r-e-a-s-o-n-a-b-l-e -r-a-t-e
-u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-1-)-.-'-'-.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multistate Utility Consumer
Protection Act of 1994''.
SEC. 2. AUTHORITY TO DISALLOW RECOVERY OF CERTAIN COSTS UNDER FEDERAL
POWER ACT.
Section 318 of the Federal Power Act is amended--
(1) by inserting ``(a)'' after ``Sec. 318.''; and
(2) by adding at the end thereof the following new
subsections:
``(b)(1) The Commission shall have the authority to disallow
recovery in jurisdictional rates of any costs incurred by a public
utility pursuant to a transaction that has been authorized under
section 13(b) of the Public Utility Holding Company Act of 1935,
including costs allocated to such public utility in accordance with
subsection (d), if the Commission determines that the recovery of such
costs is unjust, unreasonable, or unduly preferential or discriminatory
under sections 205 or 206 of this Act.
``(2) Nothing in the Public Utility Holding Company Act of 1935, or
any actions taken thereunder, shall prevent a State commission from
exercising its jurisdiction to the extent otherwise authorized under
applicable law with respect to the recovery by a public utility in its
retail rates of costs incurred by such public utility pursuant to a
transaction authorized by the Securities and Exchange Commission under
section 13(b) between an associate company and such public utility,
including costs allocated to such public utility in accordance with
subsection (d).
``(c) In any proceeding of the Commission to consider the recovery
of costs described in subsection (b)(1), there shall be a rebuttable
presumption that such costs are just, reasonable, and not unduly
discriminatory or preferential within the meaning of this Act.
``(d)(1) In any proceeding of the Commission to consider the
recovery of costs, the Commission shall give substantial deference to
an allocation of charges for services, construction work or goods among
associate companies under section 13 of the Public Utility Holding
Company Act of 1935, whether made by rule, regulation, or order of the
Securities and Exchange Commission prior to or following the enactment
of this subsection.
``(2) If the Commission pursuant to subsection (d)(1) establishes
an allocation of charges that differs from an allocation established by
the Securities and Exchange Commission with respect to the same
charges, the allocation established by the Federal Energy Regulatory
Commission shall be effective twelve months from the date of the order
of the Federal Energy Regulatory Commission establishing such
allocation, and binding on the Securities and Exchange Commission as of
that date.
``(e) An allocation of charges for services, construction work, or
goods among associate companies under section 13 of the Public Utility
Holding Company Act of 1935, whether made by rule, regulation, or order
of the Securities and Exchange Commission prior to or following
enactment of this subsection, shall prevent a State commission from
using a different allocation with respect to the assignment of costs to
any associate company.
``(f) Subsection (b) shall not apply to--
``(1) any cost incurred and recovered prior to July 15,
1994, whether or not subject to refund or adjustment; or
``(2) any uncontested settlement approved by the Commission
or a State commission prior to the date of enactment of the
Multistate Utility Consumer Protection Act of 1994.
``(g) Impact on Other Matters.--The enactment of the Multistate
Utility Consumer Protection Act of 1994 shall in no way affect FERC
Docket No. FA89-28.
``(h) Savings Provision.--Section 318(b) of the Federal Power Act
shall not apply to any cost incurred and recovered prior to the date of
enactment of the Multistate Utility Consumer Protection Act of 1994
pursuant to a contract or other arrangement for the sale of fuel from
Windsor Coal Company or Central Ohio Coal Company which has been the
subject of a determination by the Securities and Exchange Commission
prior to the date of enactment of the Multistate Utility Consumer
Protection Act of 1994, or any cost prudently incurred after the date
of enactment of the Multistate Utility Consumer Protection Act of 1994
pursuant to such a contract or other such arrangement on or before
December 31, 2000.''. | Multistate Utility Consumer Protection Act of 1994 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) the power to review and disallow prospectively, for purposes of determining a just and reasonable rate for consumers, certain costs associated with transactions of a public utility holding company and an affiliated company pursuant to contracts regulated by the Securities and Exchange Commission (SEC).
Provides that the Public Utility Holding Company Act does not preempt State utility commission jurisdiction regarding the recovery by a public utility in its retail rates of costs it incurred pursuant to a transaction authorized by the SEC between an associate company and the utility.
Prescribes guidelines for the allocation of costs by the SEC, FERC, and State utility commissions in cross-jurisdictional transactions.
Declares that this Act does not: (1) affect Docket No. FA89-28; and (2) apply to costs incurred or recovered pursuant to certain contracts for the sale of fuel from Windsor Coal Company or Central Ohio Coal Company. | {"src": "billsum_train", "title": "Multistate Utility Consumer Protection Act of 1994"} | 3,101 | 224 | 0.191927 | 0.465633 | 0.46929 | 2.834197 | 13.202073 | 0.854922 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Pet Owners Act of
2014''.
SEC. 2. APPLICABILITY.
This Act shall only apply to medication for a domesticated
household animal that the Federal Government prevents consumers from
purchasing without a prescription.
SEC. 3. RULES ON VETERINARY PRESCRIPTIONS.
Not later than 180 days after the date of the enactment of this
Act, the Federal Trade Commission shall promulgate rules in accordance
with section 553 of title 5, United States Code, that include the
following requirements with regard to a veterinary prescription:
(1) In general.--A requirement that the prescriber of an
animal drug shall--
(A) whether or not requested by the pet owner,
provide to the pet owner, before offering to fill or
dispensing, a veterinary prescription, a copy of the
veterinary prescription, including by electronic or
other means; and
(B) provide a copy of the prescription by
electronic or other means consistent with applicable
State law, if requested by a pharmacy or any other
person designated to act on behalf of the pet owner.
(2) Purchase, payment, and waiver.--A requirement that the
prescriber of an animal drug--
(A) may not--
(i) require purchase of the animal drug for
which the veterinary prescription was written
from the prescriber or from another person as a
condition of providing a copy of the veterinary
prescription or verifying such prescription
under paragraph (1);
(ii) require payment in addition to, or as
part of, the fee for an examination and
evaluation as a condition of providing a copy
of the veterinary prescription or verifying
such prescription under paragraph (1); or
(iii) require the pet owner to sign a
waiver or disclaim liability, or deliver to the
pet owner a notice waiving or disclaiming
liability of the prescriber for the accuracy of
the veterinary prescription, as a condition of
providing a copy of such prescription or
verifying such prescription under paragraph
(1); and
(B) may require payment of fees for an examination
and evaluation before providing a veterinary
prescription, but only if the prescriber requires
immediate payment in the case of an examination that
reveals no requirement for an animal drug.
SEC. 4. ENFORCEMENT.
A violation of a rule prescribed pursuant to section 3 of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal
Trade Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Animal drug.--The term ``animal drug'' means a drug
intended to be administered to an animal that may not be
dispensed without a prescription.
(2) Domesticated household animal.--The term ``domesticated
household animal'' means a companion animal permitted under
applicable State and local law to be kept in a home for
noncommercial purposes.
(3) Pet owner.--The term ``pet owner'' means the legal
owner of a domesticated household animal or a person designated
by such owner to present such animal to the prescriber for
care.
(4) Prescriber.--The term ``prescriber'' means a health
care practitioner who is licensed to practice veterinary
medicine or other person permitted under State law to issue
prescriptions for animal drugs.
(5) Veterinary prescription.--The term ``veterinary
prescription''--
(A) means a written, oral, or electronic order from
a prescriber authorizing the dispensing of an animal
drug for use by a domesticated household animal and
normally administered to the animal by its owner,
issued in accordance with State and Federal law; and
(B) does not include an animal drug administered by
the veterinarian in the course of providing acute care. | Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Applies these requirements to medication for a domesticated household animal that consumers are not allowed to purchase without a prescription. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "Fairness to Pet Owners Act of 2014"} | 911 | 117 | 0.603297 | 1.627712 | 0.578037 | 2.333333 | 8.903226 | 0.827957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Growth and Employment
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the national economy has failed for several years to
maintain sufficient levels of economic growth;
(2) the current inadequate levels of economic activity and
job creation are anticipated to persist into the foreseeable
future;
(3) this prospect will mean continued high rates of
business failures and unemployment, increased Federal spending
and reduced revenues, thereby deepening the Federal deficit;
(4) recovery of the economy and reduction of the Federal
deficit depend on the creation of higher levels of employment
and economic activity;
(5) in recent years all levels of government have neglected
to add to or maintain existing public infrastructure essential
to economic efficiency and the future prosperity of the
country; and
(6) economic growth rates and the future efficiency and
competitiveness of the national economy will be substantially
enhanced by a program of Federal Government assistance to State
and local governments to construct and rehabilitate the
Nation's economic infrastructure.
SEC. 3. DIRECT GRANTS.
(a) Construction.--The Secretary is authorized to make grants to
any State or local government for the construction (including
demolition and other site preparation activities), renovation, repair,
or other improvement of local public works projects, including those
public works projects of State and local governments for which Federal
financial assistance is authorized under provisions of law other than
this Act. To the extent appropriate, the Secretary may coordinate with
other Federal agencies in assessing grant request and in providing
appropriate levels of support.
(b) Federal Share.--The Federal share of any project for which a
grant is made under this section shall be no more than 80 percent of
the cost of the project.
(c) Termination of Grants.--No new grants shall be made pursuant to
this Act after the expiration of any 3-consecutive-month period during
which the national unemployment rate remained below 6 percent for each
such month, or after September 30, 1994, whichever first occurs.
SEC. 4. ALLOCATION OF FUNDS; PREFERENCES.
(a) Allocation of Funds.--The Secretary shall allocate funds
appropriated pursuant to section 8 of this Act as follows:
(1) Indian tribes.--Three-quarters of one percent of such
funds shall be set aside and shall be expended only for grants
for public works projects under this Act to Indian tribes and
Alaska Native villages. None of the remainder of such funds
shall be expended for such grants to such tribes and villages.
(2) Others.--After the set-aside required by paragraphs
(1), (3) and (4) of this subsection, 60 percent of such funds
shall be allocated among the States on the basis of the ratio
that the number of unemployed persons in each State bears to
the total number of unemployed persons in all the States and 40
percent of such funds shall be allocated among those States
with an average unemployment rate for the preceding 6-month
period in excess of 6 percent on the basis of the relative
severity of unemployment in each such State, except that no
State shall be allocated less than three-quarters of one
percent or more than twelve and one-half percent of such funds
for local public works projects within such State, except that
in the case of Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, not less than one-half of one
percent in the aggregate shall be granted for such projects in
all 4 of such territories.
(3) Set-aside.--Not less than 10 percent of each State's
allocations shall be set aside and shall be expended only for
grants for public work projects under this Act for local units
of general government with populations under 10,000.
(4) Development and administration.--Up to three-quarters
of one percent of the total grant award will be available for
project development and preparation, and for ongoing project
administration. This allocation will be available for local
units of government defined as nonentitlement under the Housing
and Urban Development Community Development Block Grant
Program. Such allocation shall not exceed $15,000 for any
single grant award.
(b) Preferences.--
(1) Local government projects.--In making grants under this
Act, the Secretary shall give priority and preference to public
works projects of local governments.
(2) Locally endorsed projects.--In making grants under this
Act, the Secretary shall also give priority and preference to
any public works project requested by a State or by a special
purpose unit of local government which is endorsed by a general
purpose local government within such State.
(3) School district projects.--A project requested by a
school district shall be accorded the full priority and
preference to public works projects of local governments
provided in this subsection.
(4) Applied industrial research projects.--A project that
creates or adds to an applied research facility at an
institution of higher education, and that facility is intended
to promote the development of new products and processes, or
that the Secretary determines will improve the competitiveness
of American industry shall be accorded full priority and
preference. For projects under this section, matching funds
requirements shall be waived if the company or companies and
school involved commit, in the Secretary's determination, to
undertake all future equipment and maintenance expenses.
(c) High Unemployment Rates.--
(1) Priority.--In making grants under this Act, if for the
12 most recent consecutive months, the average national
unemployment rate is equal to or exceeds 6 percent, the
Secretary shall (A) expedite and give priority to applications
submitted by States or local governments having unemployment
rates for the 12 most recent consecutive months in excess of
the national unemployment rate, and (B) shall give priority
thereafter to applications submitted by States or local
governments having average unemployment rates for the 12 most
recent consecutive months in excess of 6 percent, but less than
the national unemployment rate.
(2) Information regarding unemployment rates.--Information
regarding unemployment rates may be furnished either by the
Federal Government, or by States or local governments, provided
the Secretary (A) determines that the unemployment rates
furnished by States or local governments are accurate, and (B)
shall provide assistance to States or local governments in the
calculation of such rates to ensure validity and
standardization.
(3) Limitation on applicability.--Paragraph (1) of this
subsection shall not apply to any State which receives a
minimum allocation pursuant to paragraph (2) of subsection (a)
of this section.
(d) State and Local Prioritization of Applications.--Whenever a
State or local government submits applications for grants under this
Act for 2 or more projects, such State or local government shall submit
as part of such applications its priority for each such project.
(e) Localization of Unemployment Determinations.--The unemployment
rate of a local government may, for the purposes of this Act, and upon
request of the applicant, be based upon the unemployment rate of any
community or neighborhood (defined without regard to political or other
subdivisions or boundaries) within the jurisdiction of such local
government.
SEC. 5. RULES, REGULATIONS, AND PROCEDURES.
(a) In General.--The Secretary shall, not later than 30 days after
date of enactment of this Act, prescribe those rules, regulations, and
procedures (including application forms) necessary to carry out this
Act. Such rules, regulations, and procedures shall assure that adequate
consideration is given to the relative needs of various sections of the
country. The Secretary shall consider among other factors (1) the
severity and duration of unemployment in proposed project areas, (2)
the income levels and extent of underemployment in proposed project
areas, and (3) the extent to which proposed projects will contribute to
the reduction of unemployment and future economic growth.
(b) Consideration of Applications.--The Secretary shall make a
final determination with respect to each application for a grant
submitted to him under this Act not later than the 60th day after the
date the Secretary receives such application.
(c) Consideration of Construction Industry Unemployment.--For
purposes of this section, in considering the extent of unemployment or
underemployment, the Secretary shall consider the amount of
unemployment or underemployment in the construction and construction-
related industries.
SEC. 6. GENERAL LIMITATIONS.
(a) Acquisition of Land.--No part of any grant made under section 3
of this Act shall be used for the acquisition of any interest in real
property.
(b) Maintenance Costs.--Nothing in this Act shall be construed to
authorize the payment of routine scheduled maintenance costs in
connection with any projects constructed (in whole or in part) with
Federal financial assistance under this Act.
(c) On-Site Labor.--Grants made by the Secretary under this Act
shall be made only for projects for which the applicant gives
satisfactory assurances, in such manner and form as may be required by
the Secretary and in accordance with such terms and conditions as the
Secretary may prescribe, that, if funds are available, on-site labor
work can begin within 90 days of project approval.
(d) Contracting.--
(1) Contracting out required.--No part of the construction
(including demolition and other site preparation activities),
renovation, repair, or other improvement of any public works
project for which a grant is made under this Act shall be
performed directly by any department, agency, or
instrumentality of any State or local government.
(2) Competitive bidding.--Construction of each project for
which a grant is made under this Act shall be performed by
contract awarded by competitive bidding, unless the Secretary
shall affirmatively find that, under the circumstances relating
to such project, an alternative method is in the public
interest.
(3) Lowest responsive bid.--Contracts for the construction
of each project for which a grant is made under this Act shall
be awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility.
(4) Advertising.--No requirement or obligation shall be
imposed as a condition precedent to the award of a contract to
a bidder for a project for which a grant is made under this
Act, or to the Secretary's concurrence in the award of a
contract to such bidder, unless such requirement or obligation
is otherwise lawful and is specifically set forth in the
advertised specifications.
(e) Environmental Safeguards.--All local public works projects
carried out with Federal financial assistance under this Act shall
comply with all relevant Federal, State, and local environmental laws
and regulations.
(f) Buy American.--If a local public works project carried out with
Federal financial assistance under this Act would be eligible for
Federal financial assistance under provisions of law other than this
Act and, under such other provisions of law, would be subject to title
III of the Act of March 3, 1933, popularly known as the Buy American
Act, or similar requirements, such project shall be subject to such
title of such Act of March 3, 1933, or such similar requirements under
this Act in the same manner and to the same extent as such project
would be subject to such title of such Act of March 3, 1933, or such
similar requirements under such other provisions of law.
(g) Minority Participation.--If a local public works project
carried out with Federal financial assistance under this Act would be
eligible for Federal financial assistance under provisions of law other
than this Act and, under such other provisions of law, would be subject
to any minority participation requirement, such project shall be
subject to such requirement under this Act in the same manner and to
the same extent as such project would be subject to such requirement
under such other provisions of law.
(h) Applicability of Laws Regarding Individuals With
Disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973
and the Americans With Disabilities Act of 1990 shall apply to local
public works projects carried out under this Act.
SEC. 7. PREVAILING RATE OF WAGES.
If a local public works project carried out with Federal financial
assistance under this Act would be eligible for Federal financial
assistance under provisions of law other than this Act and, under such
other provisions of law, would be subject to the Act of March 3, 1931,
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5), or similar
requirements, such project shall be subject to such Act of March 3,
1931, or such similar requirements under this Act in the same manner
and to the same extent as such project would be subject to such Act of
March 3, 1931, or such similar requirements under such other provisions
of law.
SEC. 8. FUNDING.
There is authorized to be appropriated $20,000,000,000 to carry out
this Act. Moneys appropriated pursuant to this authorization shall
remain available until expended. Any amounts made available under this
Act for fiscal year 1992 shall be deemed to be emergency spending under
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 9. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Economic Development
Administration.
(2) Local government.--The term ``local government'' means
any city, county, town, parish, or other political subdivision
of a State, and any Indian tribe.
(3) Public works.--The term ``public works'' includes water
and sewer lines, streets and roads, water and sewage treatment
plants, port facilities, police and fire stations, detention
centers, schools, health facilities, and industrial research or
development parks, research facilities at institutions of
higher education, and other projects the Secretary determines
to be appropriate.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands. | Infrastructure Growth and Employment Act of 1993 - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to States or local governments for construction, renovation, repair, or other improvement of local public works projects (including projects for which Federal funding is authorized under other laws). Sets the Federal share at 80 percent of project cost. Terminates the making of such grants after the earlier of: (1) any three-consecutive-month period during which the national unemployment rate remained below six percent; or (2) September 30, 1994.
Allocates funds among the States on the basis of a formula involving relative numbers of unemployed persons, average unemployment rates, and severity of unemployment. Reserves funds for projects of Indian tribes and Alaskan Native villages, minimum State allotments, and development and administration of each project. Requires that at least ten percent of total grant funds be set aside for grants to local governments with populations under 10,000.
Sets project priority and preference requirements. Requires giving priority to applications from States or local governments with unemployment rates in excess of the national rates. Requires State and local prioritization of projects in their applications. Requires localization of unemployment rate determinations.
Requires procedures which assure that adequate consideration is given to the relative needs of various sections of the country, based on factors including amount of unemployment or underemployment in construction and construction-related industries. Requires applicants to assure that, if funds are available, on-site labor work can begin within 90 days after project approval. Requires: (1) contracting out; (2) competitive bidding; (3) awards to the lowest responsive bid; (4) advertising specifications; (5) environmental law and regulation compliance; and (6) applicability of specified requirements involving Buy American provisions, minority participation, individuals with disabilities, and Davis-Bacon Act prevailing wage rates.
Authorizes appropriations. | {"src": "billsum_train", "title": "Infrastructure Growth and Employment Act of 1993"} | 2,976 | 411 | 0.655491 | 2.090059 | 0.872088 | 3.111702 | 7.643617 | 0.87766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counter-Terrorism and National
Security Act of 2007''.
SEC. 2. PROVIDING MATERIAL SUPPORT TO FACILITATE, REWARD, OR ENCOURAGE
ACTS OF TERRORISM.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Providing material support to facilitate, reward, or
encourage acts of terrorism
``(a) Prohibition.--Whoever, in a circumstance provided in
subsection (b) provides, or attempts or conspires or agrees to provide,
material support or resources to the perpetrator of an act of
international terrorism, to a family member of such perpetrator, or to
any other person, with the intent to facilitate, reward, or encourage
that act or other acts of international terrorism, shall be fined under
this title or imprisoned not more than 15 years, or both, and, if death
results, shall be imprisoned for any term of years or for life.
``(b) Jurisdictional Bases.--A circumstance referred to in
subsection (a) is--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed to
influence the policy or affect the conduct of the United States
Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in part
within the United States and is designed to influence the
policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a national
of the United States while that national is outside the United
States, or substantial damage to the property of a legal entity
organized under the laws of the United States (including any of
its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward,
or encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of a foreign
government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).
``(c) Definitions.--For purposes of this section:
``(1) the term `material support or resources' has the same
meaning as in section 2339A(b) of this title;
``(2) the term `the perpetrator of an act' includes--
``(A) any person who commits the act;
``(B) any person who aids, abets, counsels,
commands, induces, or procures its commission; and
``(C) any person who attempts, plans, or conspires
to commit the act;
``(3) the term `international terrorism' has the same
meaning as in section 2331 of this title;
``(4) the term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2) of this title;
``(5) the term `serious bodily injury' has the same meaning
as in section 1365 of this title; and
``(6) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Chapter Analysis.--The chapter analysis for chapter 113B of
title 18, United States Code, is amended by adding at the end the
following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to facilitate, reward, or encourage
acts of terrorism.''.
(c) Definitions.--Section 2332b(g)(5)(B)(i) of title 18, United
States Code is amended by striking all following ``2339C'' and
inserting the following: ``(relating to financing of terrorism), 2339E
(relating to providing material support to facilitate, reward, or
encourage acts of terrorism), or 2340A (relating to torture) of this
title;''.
SEC. 3. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE
TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Section 2339D(a) of title 18, United States Code, is amended by
inserting ``, or attempts or conspires to do so,'' after ``foreign
terrorist organization''.
SEC. 4. KIDNAPPING AND RAPE OVERSEAS.
Section 2332 of title 18, United States Code, is amended by--
(1) redesignating the subsections (c) and (d) as
subsections (d) and (e), respectively;
(2) inserting the following new subsection (c):
``(c) Kidnapping.--Whoever outside the United States unlawfully
seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away,
or attempts or conspires to seize, confine, inveigle, decoy, kidnap,
abduct, or carry away, a national of the United States, shall be fined
under this title, punished by imprisonment for any term of years or for
life, or both, and if the death of any person results, shall be fined
under this title, punished by death or imprisonment for any term of
years or for life, or both.''; and
(3) in subsection (d) (as redesignated), by--
(A) inserting ``(as defined in section 1365 of this
title, including any conduct that, if the conduct
occurred in the special maritime and territorial
jurisdiction of the United States, would violate
section 2241 or 2242 of this title)'' after ``injury''
in paragraphs (1) and (2); and
(B) striking ``ten'' and inserting ``25''.
SEC. 5. HOSTAGE TAKING.
Section 1203 of title 18, United States Code, is amended to read as
follows:
``Sec. 1203. Hostage taking
``(a) Whoever, whether inside or outside the United States, seizes
or detains and threatens to kill, to injure, or to continue to detain
without lawful authority--
``(1) any officer or employee of the United States or of
any agency in any branch of the United States Government
(including any member of the uniformed services) while such
officer or employee is engaged in or on account of the
performance of official duties, or any person assisting such an
officer or employee in the performance of such duties or on
account of that assistance, or whoever attempts or conspires to
do so; or
``(2) except as provided in subsection (b) of this section,
another person in order to compel a third person or a
governmental organization to do or abstain from doing any act
as an explicit or implicit condition for the release of the
person detained, or whoever attempts or conspires to do so,
shall be punished by imprisonment for any term of years or for life
and, if the death of any person results, shall be punished by death or
life imprisonment.
``(b)(1) It is not an offense under subsection (a)(2) if the
conduct required for the offense occurred outside the United States
unless--
``(A) the offender or the person seized or detained is a
national of the United States;
``(B) the offender is found in the United States; or
``(C) the governmental organization sought to be compelled
is the Government of the United States.
``(2) It is not an offense under subsection (a)(2) if the conduct
required for the offense occurred inside the United States, each
alleged offender and each person seized or detained are nationals of
the United States, and each alleged offender is found in the United
States, unless the governmental organization sought to be compelled is
the Government of the United States.
``(c) As used in this section, the term `national of the United
States' has the meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 6. INTERFERENCE WITH FLIGHT CREW OR THREAT TO SAFETY OF AIRCRAFT.
Section 46504 of title 49, United States Code, is amended by--
(1) amending the heading for such section to read as
follows: ``Interference with flight crew or threat to safety of
aircraft.''; and
(2) designating the existing language as subsection (a),
and adding at the end the following:
``(b) An individual on an aircraft in the special aircraft
jurisdiction of the United States who knowingly or recklessly takes any
action that poses a serious threat to the safety of the aircraft or
other individuals on the aircraft, shall be fined under title 18,
imprisoned for not more than 10 years, or both.''.
SEC. 7. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO
TERRORISTS.
Section 2339D of title 18, United States Code, is amended by
striking ``or imprisoned for ten years, or both.'' and inserting ``and
imprisoned for not less than 3 years and not more than 15 years.''.
SEC. 8. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, as
amended by this title, is amended by adding at the end the following:
``SEC. 2339F. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
``(a) In General.--Any individual who is convicted of a Federal
crime of terrorism (as defined in section 2332b(g)) shall, as provided
by the court on motion of the Government, be ineligible for any or all
Federal benefits for any term of years or for life.
``(b) Federal Benefit Defined.--In this section, `Federal benefit'
has the meaning given that term in section 421(d) of the Controlled
Substances Act (21 U.S.C. 862(d)).''.
(b) Conforming Amendment.--The table of sections for chapter 113B
of title 18, United States Code, is amended by adding at the end the
following:
``Sec. 2339F. Denial of Federal benefits to terrorists.''.
SEC. 9. IMPROVE INVESTIGATION OF TERRORIST CRIMES.
(a) Multidistrict Search Warrants in Terrorism Investigations.--
Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to
read as follows:
``(3) a magistrate judge--in an investigation of--
``(A) international terrorism or domestic terrorism
(as those terms are defined in section 2331 of title
18, United States Code), or a Federal crime of
terrorism (as defined in section 2332b(g)(5) of title
18, United States Code); or
``(B) an offense under section 1001 or 1505 of
title 18, United States Code, relating to information
or purported information concerning a Federal crime of
terrorism (as defined in section 2332b(g)(5) of title
18, United States Code), having authority in any
district in which activities related to the Federal
crime of terrorism or offense may have occurred, may
issue a warrant for a person or property within or
outside that district.''.
(b) Increased Penalties for Obstruction of Justice in Terrorism
Cases.--Sections 1001(a) and 1505 of title 18, United States Code, are
amended by striking ``8 years'' and inserting ``10 years''.
SEC. 10. SOLICITATION TO COMMIT A CRIME OF VIOLENCE OR TERRORISM.
Section 373 of title 18, United States Code, is amended--
(1) in subsection (a), by--
(A) inserting ``or a Federal crime of terrorism as
defined in section 2332b(g)(5),'' after ``in violation
of the laws of the United States,''; and
(B) inserting ``or persons'' after ``another
person'';
(2) in subsection (c), by--
(A) inserting ``or persons'' after ``the person'';
(B) striking ``he'' and inserting ``they'' in the
phrase ``because he lacked'';
(C) striking ``he was'' and inserting ``they were''
in the phrase ``because he was incompetent'';
(D) striking ``he is'' and inserting ``they are''
in the phrase ``because he is immune''; and
(E) striking ``is'' from ``is not subject to
prosecution''; and
(3) in the title by inserting the words ``or terrorism''
after ``solicitation to commit a crime of violence''.
SEC. 11. TERRORIST OFFENSE RESULTING IN DEATH.
(a) New Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
``(a) Whoever, in the course of committing a terrorist offense,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.
``(b) As used in this section, the term `terrorist offense' means--
``(1) a felony offense that is--
``(A) a Federal crime of terrorism as defined in
section 2332b(g), other than an offense under section
1363; or
``(B) an offense under this chapter, section 175,
175b, 229, or 831, or section 236 of the Atomic Energy
Act of 1954; or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:
``2339E. Terrorist offenses resulting in death.''.
SEC. 12. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.
(a) Participation in Nuclear and Weapons of Mass Destruction
Threats to the United States.--Section 832(c) of title 18, United
States Code, is amended by inserting ``punished by death if death
results to any person from the offense, or'' after ``shall be''.
(b) Missile Systems To Destroy Aircraft.--Section 2332g(c)(3) of
title 18, United States Code, is amended by inserting ``punished by
death or'' after ``shall be''.
(c) Atomic Weapons.--The last sentence of section 222 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting
``death or'' before ``imprisonment for life'' the last place it
appears.
(d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title
18, United States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
(e) Variola Virus.--Section 175c(c)(3) of title 18, United States
Code, is amended by inserting ``death or'' before ``imprisonment for
life''.
SEC. 13. INCREASE IN CERTAIN PENALTIES.
(a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United
States Code, is amended by striking ``20 years'' and inserting ``30
years''.
(b) Section 2332(c).--Section 2332(c) of title 18, United States
Code, is amended by striking ``ten years'' and inserting ``20 years''.
(c) Section 2339C(d).--Section 2339C(d) of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking ``20 years'' and
inserting ``30 years''; and
(2) in paragraph (2), by striking ``10 years'' and
inserting ``20 years''.
SEC. 14. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C
OFFENSES.
Section 2339C of title 18, United States Code, is amended by
striking ``unlawfully and wilfully'' and inserting ``knowingly''.
SEC. 15. WIRETAP PREDICATE.
Section 2516(q) of title 18, United States Code, is amended by
striking ``section 2332'' and all that follows through ``2339C'' and
inserting ``chapter 113B''. | Counter-Terrorism and National Security Act of 2007 - Amends the federal criminal code to: (1) impose criminal penalties for providing material support to terrorists with the intent to facilitate, reward, or encourage terrorist activities; (2) include attempts and conspiracies in the prohibition against obtaining military-type training from a foreign terrorist organization and increase criminal penalties for such crime; (3) prohibit the kidnapping of a U.S. national overseas; (4) deny all federal benefits to anyone convicted of a federal crime of terrorism; (5) include federal crimes of terrorism in the prohibition against soliciting criminal activity; (6) provide enhanced penalties for terrorists offenses that result in the death of a person: (7) allow for the death penalty for terror-related crimes involving weapons of mass destruction (e.g., atomic and biological weapons); (8) increase criminal penalties for the murder of a U.S. national overseas and for providing financial support to terrorists; and (9) extend the authorization for wiretapping to all federal crimes of terrorism.
Amends federal transportation law to impose a fine and/or prison term of up to 10 years for taking actions that seriously threaten the safety of an aircraft or individuals on such aircraft.
Amends the Federal Rules of Criminal Procedure to allow multi-district search warrants in terrorism investigations. | {"src": "billsum_train", "title": "To provide additional tools and tough penalties to fight terrorism and protect America's national security."} | 4,200 | 293 | 0.51282 | 1.394292 | 0.816152 | 2.545817 | 14.171315 | 0.832669 |
SECTION 1. CREDIT FOR PLUG-IN HYBRID VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. PLUG-IN HYBRID VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 10 percent of the cost of any qualified plug-in hybrid vehicle
placed in service by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Limitation per vehicle.--The amount of the credit
allowed under subsection (a) for any vehicle shall not exceed
the sum of--
``(A) $4,000 in the case of a plug-in electric
drive vehicle with 4kWh traction battery, and
``(B) $250 for each additional kWh of traction
battery capacity of such vehicle as exceeds 4kWh but
does not exceed 50kWh.
``(2) Application with other credits.--
``(A) Business credit treated as part of general
business credit.--So much of the credit which would be
allowed under subsection (a) for any taxable year
(determined without regard to this paragraph) that is
attributable to property of a character subject to an
allowance for depreciation shall be treated as a credit
listed in section 38(b) for such taxable year (and not
allowed under subsection (a)).
``(B) Personal credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed
the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A and subpart B (other than this
section).
``(c) Qualified Plug-In Hybrid Vehicle.--For purposes of this
section--
``(1) In general.--The term `qualified plug-in hybrid
vehicle' means a motor vehicle (as defined in section
30(c)(2))--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use or lease by the
taxpayer and not for resale,
``(C) which is made by a manufacturer,
``(D) which has received a certificate of
conformity under the Clean Air Act, and
``(E) which has not less than 2 onboard sources of
stored energy, different in character from each other,
from which to draw propulsion energy, where--
``(i) at least 1 of such sources is
energized by plugging into an external source
of electric power, and
``(ii) at least 1 of such sources is
energized from an internal combustion engine,
fuel cell, or other means, and such source is
utilized to provide mechanical propulsion to
the vehicle.
``(2) Exception.--The term `qualified plug-in hybrid
vehicle' shall not include any vehicle which is not a passenger
automobile or light truck if such vehicle has a gross vehicle
weight rating of less than 8,500 pounds.
``(3) Other terms.--The terms ``automobile'', ``passenger
automobile'', ``light truck'', and ``manufacturer'' have the
meanings given such terms in regulations prescribed by the
Administrator of the Environmental Protection Agency for
purposes of the administration of title II of the Clean Air Act
(42 U.S.C. 7521 et seq.).
``(4) Kwh traction battery capacity.--The term `kWh
traction battery capacity' means the size of an electro
chemical storage device, expressed in kWh, as measured from a
100 percent state of charge to 0 percent state of charge.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (b)(2)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Denial of double benefit.--No credit shall be allowed
under this section with respect to a vehicle if a credit or
deduction is allowed with respect to such vehicle under any
other provision of this title.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(6) Property used by tax-exempt entity; interaction with
air quality and motor vehicle safety standards.--Rules similar
to the rules of paragraphs (6) and (10) of section 30B(h) shall
apply for purposes of this section.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2014.''.
(b) Plug-in Hybrid Vehicles Not Counted Toward Limitation on Number
of New Qualified Hybrid Vehicles Eligible for 30B Credit.--Section
(30)(B)(f)(5) of such Code (defining qualified vehicle) is amended by
adding at the end the following new sentence: ``Such term shall not
include a qualified plug-in hybrid vehicle (as defined in section
30D(c)).''.
(c) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``and'' at the end of paragraph (30),
by striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(32) the portion of the plug-in hybrid vehicle credit to
which section 30D(b)(2)(A) applies.''.
(d) Conforming Amendment.--Section 6501(m) of such Code is amended
by inserting ``30D(d)(5),'' after ``30C(e)(5),''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Amends the Internal Revenue Code to allow a tax credit for 10% of the cost of a qualified plug-in hybrid vehicle. Limits the amount of such credit to $4,000 for vehicles with a 4kWh traction battery, and $250 for each additional kWh of traction battery capacity as exceeds 4kWh but does not exceed 50kWh.
Defines "qualified plug-in hybrid vehicle" as a passenger motor vehicle which has received a certificate of conformity under the Clean Air Act and which has not less than two onboard sources of stored energy, one of which is energized by plugging into an external source of electric power.
Terminates such credit after 2014. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of plug-in hybrid vehicles."} | 1,514 | 143 | 0.535925 | 1.525871 | 0.690393 | 3.983871 | 10.846774 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Debt Buy-Down Act''.
SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every individual with adjusted income tax
liability for any taxable year may designate that a portion of such
liability (not to exceed 10 percent thereof) shall be used to reduce
the public debt.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of tax imposed by chapter 1 for the taxable
year. The designation shall be made on the first page of the return or
on the page bearing the taxpayer's signature.
``(c) Adjusted Income Tax Liability.--For purposes of this section,
the term `adjusted income tax liability' means income tax liability (as
defined in section 6096(b)) reduced by any amount designated under
section 6096 (relating to designation of income tax payments to
Presidential Election Campaign Fund).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for reduction of
public debt.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9512. PUBLIC DEBT REDUCTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Public Debt
Reduction Trust Fund', consisting of any amount appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Public Debt Reduction Trust Fund amounts equivalent to the amounts
designated under section 6097 (relating to designation for public debt
reduction).
``(c) Expenditures.--Amounts in the Public Debt Reduction Trust
Fund shall be used by the Secretary of the Treasury for purposes of
paying at maturity, or to redeem or buy before maturity, any obligation
of the Federal Government included in the public debt (other than an
obligation held by the Federal Old-Age and Survivors Insurance Trust
Fund, the Civil Service Retirement and Disability Fund, or the
Department of Defense Military Retirement Fund). Any obligation which
is paid, redeemed, or bought with amounts from the Public Debt
Reduction Trust Fund shall be canceled and retired and may not be
reissued.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9512. Public Debt Reduction Trust
Fund.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE
THE PUBLIC DEBT.
(a) Sequestration To Reduce the Public Debt.--Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as a sequestration (if any) under sections 251, 252, and 253, but after
any sequestration of budget-year budgetary resources required by those
sections, there shall be a sequestration equivalent to the estimated
aggregate amount designated under section 6097 of the Internal Revenue
Code of 1986 for the calendar year two years before the year in which
that session of Congress started, as estimated by the Department of the
Treasury on October 1 in the year after the applicable tax year and as
modified by the total of (1) any amounts by which net discretionary
spending is reduced by legislation below the discretionary spending
limits enacted after the enactment of this section related to the
fiscal year subject to the sequestration or, in the absence of such
limits, any net reduction below discretionary outlays for fiscal year
1995 and (2) the net deficit change that has resulted from all direct
spending legislation enacted after the enactment of this section
related to the fiscal year subject to the sequestration, as estimated
by OMB. Within 5 days after the enactment of any such direct spending
legislation, OMB shall estimate the change in spending resulting from
that legislation for the 5-fiscal-year period beginning with the first
fiscal year for which that legislation becomes effective and transmit a
report to the House of Representatives and the Senate containing that
estimate. Only the estimated deficit reduction included in the 5-year
estimate made at the time the legislation is enacted shall be used for
purposes of determining whether there shall be a sequestration under
this subsection. Notwithstanding the preceding two sentences, any
estimates of direct spending made by OMB under this subsection for any
legislation that first takes effect in fiscal year 1995, 1996, or 1997
shall include estimates of the direct spending effects through fiscal
year 2002 and those estimates shall be used for purposes of determining
whether there shall be a sequestration under this subsection. If the
reduction in spending under paragraphs (1) and (2) for a fiscal year is
greater than the estimated aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 respecting that fiscal year,
then there shall be no sequestration under this section.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--(A) No order issued under this part
may--
``(i) reduce benefits payable to the old-age and
survivors insurance program established under title II
of the Social Security Act;
``(ii) reduce payments for net interest (all of
major functional category 900); or
``(iii) make any reduction in the following
accounts:
``Federal Deposit Insurance Corporation,
Bank Insurance Fund;
``Federal Deposit Insurance Corporation,
FSLIC Resolution Fund;
``Federal Deposit Insurance Corporation,
Savings Association Insurance Fund;
``National Credit Union Administration,
credit union share insurance fund; or
``Resolution Trust Corporation.
``(B) The following budget accounts, activities within
accounts, or income shall be exempt from sequestration--
``(i) all payments to trust funds from excise taxes
or other receipts or collections properly creditable to
those trust funds;
``(ii) offsetting receipts and collections;
``(iii) all payments from one Federal direct
spending budget account to another Federal budget
account; all intragovernmental funds including those
from which funding is derived primarily from other
Government accounts, except to the extent that such
funds are augmented by direct appropriations for the
fiscal year for which the order is in effect; and those
obligations of discretionary accounts or activities
that are financed by intragovernmental payments from
another discretionary account or activity;
``(iv) expenses to the extent they result from
private donations, bequests, or voluntary contributions
to the Government;
``(v) nonbudgetary activities, including but not
limited to--
``(I) credit liquidating and financing
accounts;
``(II) the Pension Benefit Guarantee
Corporation Trust Funds;
``(III) the Thrift Savings Fund;
``(IV) the Federal Reserve System; and
``(V) appropriations for the District of
Columbia to the extent they are appropriations
of locally raised funds;
``(vi) payments resulting from Government
insurance, Government guarantees, or any other form of
contingent liability, to the extent those payments
result from contractual or other legally binding
commitments of the Government at the time of any
sequestration;
``(vii) the following accounts, which largely
fulfill requirements of the Constitution or otherwise
make payments to which the Government is committed--
``Administration of Territories, Northern
Mariana Islands Covenant grants (14-0412-0-1-
806);
``Bureau of Indian Affairs, miscellaneous
payments to Indians (14-2303-0-1-452);
``Bureau of Indian Affairs, miscellaneous
trust funds, tribal trust funds (14-9973-0-7-
999);
``Claims, defense;
``Claims, judgments, and relief act (20-
1895-0-1-806);
``Compact of Free Association, economic
assistance pursuant to Public Law 99-658 (14-
0415-0-1-806);
``Compensation of the President (11-0001-0-
1-802);
``Customs Service, miscellaneous permanent
appropriations (20-9992-0-2-852);
``Eastern Indian land claims settlement
fund (14-2202-0-1-806);
``Farm Credit System Financial Assistance
Corporation, interest payments (20-1850-0-1-
351);
``Internal Revenue collections of Puerto
Rico (20-5737-0-2-852);
``Panama Canal Commission, operating
expenses and capital outlay (95-5190-0-2-403);
``Payments of Vietnam and USS Pueblo
prisoner-of-war claims (15-0104-0-1-153);
``Payments to copyright owners (03-5175-0-
2-376);
``Payments to the United States
territories, fiscal assistance (14-0418-0-1-
801);
``Salaries of Article III judges;
``Soldier's and Airmen's Home, payment of
claims (84-8930-0-7-705);
``Washington Metropolitan Area Transit
Authority, interest payments (46-0300-0-1-401).
``(viii) the following noncredit special,
revolving, or trust-revolving funds--
``Coinage profit fund (20-5811-0-2-803);
``Exchange Stabilization Fund (20-4444-0-3-
155);
``Foreign Military Sales trust fund (11-
82232-0-7-155); and
``(ix)(I) any amount paid as regular unemployment
compensation by a State from its account in the
Unemployment Trust Fund (established by section 904(a)
of the Social Security Act);
``(II) any advance made to a State from the Federal
unemployment account (established by section 904(g) of
such Act) under title XII of such Act and any advance
appropriated to the Federal unemployment account
pursuant to section 1203 of such Act; and
``(III) any payment made from the Federal Employees
Compensation Account (as established under section 909
of such Act) for the purpose of carrying out chapter 85
of title 5, United States Code, and funds appropriated
or transferred to or otherwise deposited in such
Account.
``(3) Federal administrative expenses.--
``(A) Administrative expenses incurred by the
departments and agencies, including independent
agencies, of the Federal Government in connection with
any program, project, activity, or account shall be
subject to reduction pursuant to any sequestration
order, without regard to the exemptions under paragraph
(2) and regardless of whether the program, project,
activity, or account is self-supporting and does not
receive appropriations.
``(B) Payments made by the Federal Government to
reimburse or match administrative costs incurred by a
State or political subdivision under or in connection
with any program, project, activity, or account shall
not be considered administrative expenses of the
Federal Government for purposes of this section, and
shall be subject to sequestration to the extent (and
only to the extent) that other payments made by the
Federal Government under or in connection with that
program, project, activity, or account are subject to
that reduction or sequestration; except that Federal
payments made to a State as reimbursement of
administrative costs incurred by that State under or in
connection with the unemployment compensation programs
specified in paragraph (2)(ix) shall be subject to
reduction or sequestration under this part
notwithstanding the exemption otherwise granted to such
programs under that paragraph.''.
(b) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (a), by inserting after the item relating
to the GAO compliance report the following:
``October 1 . . . Department of Treasury report to Congress
estimating amount of income tax designated pursuant to section 6097 of
the Internal Revenue Code of 1986.'';
(2) in subsection (d)(1), by inserting ``, and
sequestration to reduce the public debt,'';
(3) in subsection (d), by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Sequestration to reduce the public debt reports.--The
preview reports shall set forth for the budget year estimates
for each of the following:
``(A) The aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 for the
calendar year two years before the year in which the
budget year begins.
``(B) The amount of reductions required under
section 253A and the deficit remaining after those
reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in accounts under
section 253A(b).''; and
(4) in subsection (g), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Sequestration to reduce the public debt reports.--The
final reports shall contain all of the information contained in
the public debt taxation designation report required on October
1.''
(c) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendments made by
this section. The amendments made by this section shall cease to have
any effect after the first fiscal year during which there is no public
debt. | Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt.
Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. | {"src": "billsum_train", "title": "Taxpayer Debt Buy-Down Act"} | 3,368 | 259 | 0.512997 | 1.389825 | 0.73751 | 5.125581 | 14.669767 | 0.902326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Restoration of Democracy Act
of 1994''.
SEC. 2. STATEMENT OF UNITED STATES POLICY.
It is the policy of the United States to support the restoration of
democracy in Haiti and the return to office of Jean-Bertrand Aristide,
the duly elected President of Haiti.
SEC. 3. CONGRESSIONAL STATEMENT.
(a) Human Rights Observers.--The Congress strongly urges the
President to take such steps as are necessary to facilitate the return
to Haiti of a full contingent of human rights observers under the
auspices of the United Nations or the Organization of American States.
(b) Multinational Border Patrol.--Subject to the request of the
democratically elected President of Haiti Jean-Bertrand Aristide, the
Congress strongly urges President Clinton to take all available
measures to effect the deployment of a multinational border patrol
between the Dominican Republic and Haiti which will be fully equipped
in terms of personnel and equipment to halt cross-border violations of
sanctions against Haiti imposed by the United States and other
countries.
(c) Multilateral Socioeconomic and Peacekeeping Assistance.--The
Congress reaffirms the unwavering commitment of the United States to
support multilateral socioeconomic and peacekeeping assistance to Haiti
upon the return to power of the democratically elected President of
Haiti and the removal of Haiti's military high command.
SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, no officer or employee of the United States
shall attempt, directly or indirectly, to amend, reinterpret, or
nullify the Governors Island Agreement.
(b) Exception.--Subsection (a) shall not apply to the October 30,
1993, deadline for the return to power of the democratically elected
President of Haiti, Jean-Bertrand Aristide.
SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT.
The President shall notify the Government of Haiti immediately of
the intention of the United States Government to terminate the
agreement between the United States and Haiti relating to migrant
interdiction effected by the exchange of notes signed at Port-au-Prince
on September 23, 1981 (33 U.S.T. 3559; T.I.A.S. 6577).
SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT
WITH RESPECT TO HAITI.
(a) Obligations Outside the United States.--No officer or employee
of the United States may return, cause to be returned, or affect the
movement in any manner which results in returning, to Haiti a national
or habitual resident of Haiti, who is outside the territorial
boundaries of Haiti, without the individual's consent, unless the
President first determines, in a manner that incorporates procedural
safeguards consistent with internationally endorsed standards and
guidelines, that such individual is not a refugee.
(b) Obligations Within the Territorial Waters of Haiti.--No officer
or employee of the United States may return, cause to be returned, or
affect the movement in any manner which results in returning, to the
land territory of Haiti a national or habitual resident of Haiti, who
is within the territorial waters of Haiti, without the individual's
consent, unless the President first determines, in a manner that
incorporates procedural safeguards consistent with internationally
endorsed standards and guidelines, that if that individual were outside
the territorial boundaries of Haiti such individual would not be a
refugee.
(c) Exceptions.--The provisions of this section do not apply to a
national or habitual resident of Haiti if--
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion; or
(2) such individual, having been convicted by a final
judgment of an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), constitutes
a danger to the community of the United States.
(d) Prohibition on Use of Funds.--No funds available to any
department, agency, or other entity of the United States Government may
be used in violation of subsection (a) or (b).
(e) Refugee Defined.--For purposes of this section, the term
``refugee'' means a person who--
(1) is a refugee under Article 1 of the Convention Relating
to the Status of Refugees (done at Geneva, July 28, 1951), as
applied under Article I of the United National Protocol
Relating to the Status of Refugees (done at New York, January
31, 1967); or
(2) is designated as a refugee for purposes of Article 33
of the Convention Relating to the Status of Refugees.
(f) Rule of Construction.--Nothing in this section may be
construed--
(1) to impose new obligations on the Government of the
United States in its treatment of nationals and habitual
residents of Haiti at United States diplomatic missions and
consular posts in a foreign country; or
(2) to constitute authority for conducting operations by
the United States Government within the territorial waters of
Haiti or any other country.
SEC. 7. SANCTIONS AGAINST HAITI.
(a) Prohibiting Assistance and Certain Other Transactions Involving
Haiti.--(1) The following are prohibited:
(A) The grant or extension of credits or loans by any
United States person to the unelected military rulers of Haiti,
its instrumentalities, and controlled entities.
(B) The importation into the United States of any goods or
services of Haitian origin other than publications and material
imported for news publications or news broadcast dissemination.
(C) The exportation to Haiti of any goods, technology
(including technical data or other information), or services
from the United States, except publications, food, medicine,
medical supplies, and donations of articles intended to relieve
human suffering such as clothing and temporary housing.
(D) The purchase by any United States person of any goods
for export from Haiti to any country.
(E) The performance by any United States person of any
contract in support of an industrial or other commercial or
governmental project in Haiti.
(2) Compliance with the export sanctions of this subsection shall
be carried out in accordance with section 12 of the Export
Administration Act of 1979 and a violation of any such section shall be
considered to be a violation of such Act for purposes of section 11 of
such Act (relating to the imposition of criminal and civil penalties).
(b) Prohibition of Certain Air Transport Involving Haiti.--The
following are prohibited:
(1) Any transaction by a United States person relating to
air transportation to or from Haiti.
(2) The provision of transportation to or from the United
States by aircraft of Haitian registration.
(3) The sale in the United States by any person holding
authority under the Federal Aviation Act of 1958 of any
transportation by air which includes any stop in Haiti.
(c) Sanctions Against Other Countries.--(1) If the President
determines that a foreign country is not cooperating with United States
sanctions against Haiti under this Act or with applicable sanctions
against Haiti imposed by the United Nations and the Organization of
American States, effective 60 days after such determination no United
States assistance may be provided to such foreign country.
(2) If the President makes a determination under paragraph (1)--
(A) the President shall impose at least one other penalty
or sanction which the President considers to be appropriate
under the International Emergency Economic Powers Act; and
(B) the President may impose such other sanctions and
penalties under the International Emergency Economic Powers Act
as the President considers appropriate.
(3) For the purpose of this subsection, the term ``United States
assistance'' means assistance of any kind which is provided by grant,
sale, loan, lease, credit, guaranty, or insurance, or by any other
means, by any agency or instrumentality of the United States
Government, including--
(A) assistance under the Foreign Assistance Act of 1961;
and
(B) sales, credits, and guaranties under the Arms Export
Control Act.
(d) Sanctions by Other Countries.--The President shall direct the
United States Permanent Representative to the United Nations to assume
a leadership role within the United Nations Security Council to ensure
that sanctions against Haiti unilaterally imposed by the United States
under this Act are adopted by the international community.
(e) Termination of Sanctions.--The provisions of this section shall
terminate on the date the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
(f) Definition.--For purposes of this section, the term ``United
States person'' means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as determined under regulations of the
President.
SEC. 8. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) In General.--Haiti shall be deemed to be a designated foreign
state for purposes of section 244A(b) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)), subject to the provisions of this
section.
(b) Eligible Haitians.--Any alien--
(1) who is a national of Haiti and is present in the United
States or in the custody or control of the United States
(including Guantanamo Bay, Cuba, and any other vessel or
facility of the United States Government) at any time during
the period described in subsection (c) of this section;
(2) who is not an alien designated under section 9(b) or
10(b) of this Act;
(3) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and Nationality Act; and
(4) who, during the period described in subsection (c) of
this section, registers for temporary protected status to the
extent and in a manner which the Attorney General establishes,
shall be granted temporary protected status for the duration of that
period in accordance with section 244A(a)(1) of the Immigration and
Nationality Act to the extent that such section is not inconsistent
with this section.
(c) Period of Designation.--The designation pursuant to subsection
(a) shall be in effect during the period beginning on the date of
enactment of this Act and ending on the date on which the President
certifies to the Congress that the democratically elected President of
Haiti has been reinstated and Haiti's military high command has met its
obligations under the Governors Island Agreement. Subsections (b)(2)
and (b)(3) of section 244A of the Immigration and Nationality Act shall
not apply with respect to the designation pursuant to subsection (a) of
this section.
SEC. 9. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION.
(a) Exclusion.--During the period specified in subsection (c), an
alien designated under subsection (b) shall be ineligible to receive
any visa and shall be excluded from admission into the United States.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Exclusion.--The period of exclusion specified in this
subsection begins on the date of the enactment of this Act and ends on
the date on which the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
SEC. 10. BLOCKING OF ASSETS OF CERTAIN HAITIANS.
(a) Blocking of Assets.--During the period specified in subsection
(c), all property and interests in property of aliens designated under
subsection (b) that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons (including overseas
branches of United States persons), are blocked.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Blocked Assets.--The period of blocked assets
specified in subsection (a) begins on the date of the enactment of this
Act and ends on the date on which the President certifies to the
Congress that the democratically elected President of Haiti has been
reinstated and Haiti's military high command has met its obligations
under the Governors Island Agreement.
SEC. 11. DEFINITION.
For purposes of this Act, the term ``Governors Island Agreement''
refers to the Agreement of Governors Island between the President of
the Republic of Haiti and the Commander-in-Chief of the Armed Forces of
Haiti, signed July 3, 1993. | Haitian Restoration of Democracy Act of 1994 - Supports the restoration of democracy in Haiti and the return to office of Jean-Bertrand Aristide, the elected President of Haiti.
Urges the President to: (1) facilitate the return to Haiti of a full contingent of human rights observers; and (2) subject to the request of Aristide, effect the deployment of a multinational border patrol between the Dominican Republic and Haiti to halt cross-border violations of sanctions against Haiti imposed by the United States and other countries.
Supports multilateral socieconomic and peacekeeping assistance to Haiti upon the return to power of the democratically-elected President and the removal of Haiti's military high command.
Prohibits any U.S. officer or employee from attempting to amend, reinterpret, or nullify the Governors Island Agreement (except with regard to the October 1993 deadline for the return to power of Aristide).
Requires the President to notify the Haitian Government of the intention to terminate the bilateral migrant interdiction agreement effected in 1991.
Prohibits the return to Haiti of any Haitian national or habitual resident without the individual's consent, unless the President determines, in a manner that incorporates procedural safeguards consistent with internationally endorsed standards, that such individual is not a refugee. Makes exceptions to such prohibition if an individual was involved in persecution of another person or is a felon who constitutes a danger to the United States.
Imposes sanctions against Haiti, including prohibitions on: (1) credits or loans; (2) imports and exports; (3) contracts; and (4) air transport activities. Prohibits U.S. assistance to other countries that are not cooperating with sanctions against Haiti. Imposes sanctions under the International Emergency Economic Powers Act against such countries.
Terminates sanctions when the President certifies to the Congress that the democratically-elected President has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement.
Grants eligible Haitians temporary protected status under the Immigration and Nationality Act.
Excludes certain Haitians connected with the military, the military coup, and terrorist activities from admission into the United States. Blocks assets of such individuals that are in the United States. | {"src": "billsum_train", "title": "Haitian Restoration of Democracy Act of 1994"} | 3,187 | 490 | 0.689277 | 2.407568 | 0.785323 | 4.726619 | 6.889688 | 0.918465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Flats Special Exposure Cohort
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (hereinafter in
this section referred to as the ``Act'') was enacted to ensure
fairness and equity for the civilian men and women who, during
the past 50 years, performed duties uniquely related to the
nuclear weapons production and testing programs of the
Department of Energy and its predecessor agencies by
establishing a program that would provide efficient, uniform,
and adequate compensation for beryllium-related health
conditions and radiation-related health conditions.
(2) The Act provides a process for consideration of claims
for compensation by individuals who were employed at relevant
times at various locations, but also included provisions
designating employees at certain other locations as members of
a special exposure cohort whose claims are subject to a less-
detailed administrative process.
(3) The Act also authorizes the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, to designate additional classes of employees at
Department of Energy facilities as members of the special
exposure cohort if the President determines that-
(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received;
and
(B) there is a reasonable likelihood that the
radiation dose may have endangered the health of
members of the class.
(4) It has become evident that it is not feasible to
estimate with sufficient accuracy the radiation dose received
by employees at the Department of Energy facility in Colorado
known as the Rocky Flats site for the following reasons:
(A) Many worker exposures were unmonitored over the
lifetime of the plant at the Rocky Flats site. Even in
2004, a former worker from the 1950s was monitored
under the former radiation worker program of the
Department of Energy and found to have a significant
internal deposition that had been undetected and
unrecorded for more than 50 years.
(B) No lung counter for detecting and measuring
plutonium and americium in the lungs existed at Rocky
Flats until the late 1960s. Without this equipment, the
very insoluble oxide forms of plutonium cannot be
detected, and a large number of workers had inhalation
exposures that went undetected and unmeasured.
(C) Exposure to neutron radiation was not monitored
until the late 1950s, and most of those measurements
through 1970 have been found to be in error. In some
areas of the plant the neutron doses were as much as 2
to 10 times as great as the gamma doses received by
workers, but only gamma doses were recorded. The old
neutron films are being re-read, but those doses have
not yet been added to the workers' records or been used
in the dose reconstructions for Rocky Flats workers
carried out by the National Institute for Occupational
Safety and Health.
(D) Radiation exposures for many workers were not
measured or were missing and, as a result, the records
are incomplete or estimated doses were assigned. There
are many inaccuracies in the exposure records that the
Institute is using to determine whether Rocky Flats
workers qualify for compensation under the Act.
(E) The model that has been used for dose
reconstruction by the Institute in determining whether
Rocky Flats workers qualify for compensation under the
Act is in error. The default values used for particle
size and solubility of the internally deposited
plutonium in workers are in error. Use of these
erroneous values reduces the actual internal doses for
claimants by as much as 3 to 10 times less than the
Rocky Flats records and autopsy data indicate.
(5) Administrative costs related to Rocky Flats claims have
been substantial, but only a few Rocky Flats cases have been
processed.
(6) Some Rocky Flats workers, despite having worked with
tons of plutonium and having known exposures leading to serious
health effects, have been denied compensation under the Act as
a result of potentially flawed calculations based on records
that are incomplete or in error as well as the use of incorrect
models.
(7) Achieving the purposes of the Act with respect to
workers at Rocky Flats is more likely to be achieved if claims
by those workers are subject to the administrative procedures
applicable to members of the special exposure cohort.
(b) Purpose.--The purpose of this Act is to revise the Energy
Employees Occupational Illness Compensation Program Act so as to
include certain past and present Rocky Flats workers as members of the
special exposure cohort.
SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended by adding at the end of paragraph (14) the
following:
``(D) The employee was so employed as a Department
of Energy employee or a Department of Energy contractor
employee for a number of work days aggregating at least
250 work days before January 1, 2006, at the Rocky
Flats site in Colorado.''.
(b) Reapplication.--A claim that an individual qualifies, by reason
of subparagraph (D) of section 3621(14) of that Act (as added by
subsection (a)), for compensation or benefits under that Act shall be
considered for compensation or benefits (notwithstanding any denial of
any other claim for compensation with respect to that individual). | Rocky Flats Special Exposure Cohort Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide compensation for employees of the Department of Energy (DOE) or of a DOE contractor employed for an aggregate number of at least 250 work days before January 1, 2006, at the Rocky Flats site in Colorado. | {"src": "billsum_train", "title": "To better provide for compensation for certain persons injured in the course of employment at the Rocky Flats site in Colorado."} | 1,241 | 74 | 0.497599 | 1.377501 | 0.353695 | 4.672131 | 18.540984 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Our Hometown Independent
Pharmacies Act of 2011''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES
NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any independent pharmacies who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the pharmacies provide health care items or services for
which benefits are provided under such plan shall, only in connection
with such negotiations, be treated under the antitrust laws as an
employee engaged in concerted activities and shall not be regarded as
having the status of an employer, independent contractor, managerial
employee, or supervisor.
(b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
(c) No Change in National Labor Relations Act.--Nothing in this
section shall be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any group
of persons under that Act.
(d) Effective Date.--The exemption provided in subsection (a) shall
apply to conduct occurring beginning on the date of the enactment of
this Act.
(e) Limitations on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that--
(1) would have the effect of boycotting any independent
pharmacy or group of independent pharmacies, or would exclude,
limit the participation or reimbursement of, or otherwise limit
the scope of services to be provided by, any independent
pharmacy or group of independent pharmacies with respect to the
performance of services that are within the scope of practice
as defined or permitted by relevant law or regulation;
(2) allocates a market among competitors;
(3) unlawfully ties the sale or purchase of one product or
service to the sale or purchase of another product or service;
or
(4) monopolizes or attempts to monopolize a market.
(f) Limitation Based on Market Share of Group.--This section shall
not apply with respect to the negotiations of any group of independent
pharmacies with a health plan regarding the terms of any contract under
which such pharmacies provide health care items or services for which
benefits are provided under such plan in a PDP region (as defined in
subsection (j)(4)) if the number of pharmacy licenses of such
pharmacies within such group in such region exceeds 25 percent of the
total number of pharmacy licenses issued to all retail pharmacies
(including both independent and other pharmacies) in such region.
(g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
(h) No Application to Specified Federal Programs.--Nothing in this
section shall apply to negotiations between independent pharmacies and
health plans pertaining to benefits provided under any of the
following:
(1) The Medicaid Program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) The State Children's Health Insurance Program (SHIP)
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.).
(3) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(4) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(5) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(6) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(7) Part C or D of title XVIII of the Social Security Act.
(i) Definitions.--For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Health plan and related terms.--
(A) In general.--The term ``health plan''--
(i) means a group health plan or a health
insurance issuer that is offering health
insurance coverage;
(ii) includes any entity that contracts
with such a plan or issuer for the
administering of services under the plan or
coverage; and
(iii) does not include a Medicare Advantage
plan offered under part C of title XVIII of the
Social Security Act or a prescription drug plan
offered under part D of such title.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Independent pharmacy.--The term ``independent
pharmacy'' means a pharmacy that has a market share of--
(A) less than 10 percent in any PDP region; and
(B) less than 1 percent in the United States.
For purposes of the preceding sentence, all pharmacies that are
members of the same controlled group of corporations (within
the meaning of section 267(f) of the Internal Revenue Code of
1986) and all pharmacies under common control (within the
meaning of section 52(b) of such Code but determined by
treating an interest of more than 50 percent as a controlling
interest) shall be treated as 1 pharmacy.
(4) PDP region.--The term ``PDP region'' has the meaning
given such term in section 1860D-11(a)(2) of the Social
Security Act (42 U.S.C. 1395w-111(a)(2)).
(j) 5-Year Sunset.--The exemption provided in subsection (a) shall
only apply to conduct occurring during the 5-year period beginning on
the date of the enactment of this Act and shall continue to apply for 1
year after the end of such period to contracts entered into before the
end of such period.
(k) General Accountability Office Study and Report.--The
Comptroller General of the United States shall conduct a study on the
impact of enactment of this section during the 6-month period beginning
with the 5th year of the 5-year period described in subsection (j). Not
later than the end of such 6-month period, the Comptroller General
shall submit to Congress a report on such study and shall include in
the report such recommendations on the extension of this section (and
changes that should be made in making such extension) as the
Comptroller General deems appropriate.
(l) Oversight.--Nothing in this section shall preclude the Federal
Trade Commission or the Department of Justice from overseeing the
conduct of independent pharmacies covered under this section. | Preserving Our Hometown Independent Pharmacies Act of 2011 - Treats independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services the same under the antitrust laws as an employee engaged in concerted activities, and not as an employer, independent contractor, managerial employee, or supervisor, only in connection with such negotiations.
Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.
Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market.
Provides that this Act shall not apply to negotiations between pharmacies and health plans regarding benefits provided under specified federal programs, including Medicaid, veterans' medical care, and the federal employees' health benefits program.
Requires the Comptroller General to study the impact of this Act after five years.
Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act. | {"src": "billsum_train", "title": "To ensure and foster continued safety and quality of care and a competitive marketplace by exempting independent pharmacies from the antitrust laws in their negotiations with health plans and health insurance insurers."} | 1,683 | 349 | 0.751542 | 2.277194 | 0.951265 | 4.873016 | 4.768254 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Emergency Relief Act
of 2001''.
SEC. 2. LOANS FOR DISASTER OF SEPTEMBER 11, 2001.
(a) In General.--The Administrator of the Small Business
Administration may make loans under section 7(b) of the Small Business
Act (15 U.S.C. 636(b)) to small business concerns and other entities
made eligible under subsection (b) that were injured as a result of the
terrorist attacks against the United States that occurred on September
11, 2001.
(b) Special Rules.--Notwithstanding the requirements of section
7(b) of the Small Business Act (15 U.S.C. 636(b)), the following
special rules apply to loans described in subsection (a):
(1) Purpose of loans.--The Administrator may make such
loans for--
(A) repair, rehabilitation, refinancing, or
replacement of damaged or destroyed real or personal
property; and
(B) any economic injury.
(2) Interest rate.--The Administrator may charge interest
on any such loan. Such charge may not exceed a rate of 4
percent per year.
(3) Amount of loans.--For the purpose of such loans, if the
Administrator considers it necessary or appropriate, the
Administrator may waive the $1,500,000 limitation on the total
amount that can be outstanding and committed to a concern under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(4) Credit elsewhere.--The Administrator may make such
loans without regard to the ability of a small business concern
to obtain credit elsewhere.
(5) Waiver of size standards.--For the purpose such loans,
if the Administrator determines it to be necessary or
appropriate, the Administrator may waive any size standard
established under section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) with respect to a business concern that does
not exceed 150 percent (or, in the case of a financial
institution, 200 percent) of each size standard applicable to
such concern.
(6) Charitable organizations.--The Administrator may make
such a loan to any charitable organization as the Administrator
determines necessary or appropriate.
(c) Termination.--The Administrator may not make a loan pursuant to
the special rules of this section after the end of the 1-year period
beginning on the date of the enactment of this Act.
SEC. 3. LOAN FORGIVENESS.
(a) In General.--Upon application by a small business concern which
is the recipient of a loan made under the Small Business Act (15 U.S.C.
631 et seq.) and which has suffered a substantial economic injury as a
result of the terrorist attacks against the United States that occurred
on September 11, 2001, the Administrator may undertake all or part of
the small business concern's obligation to make the required payments
under such loan, or may forgive all or part of such obligation if the
loan was a direct loan made by the Administrator, if, and to the extent
that, the Administrator considers such undertaking or forgiveness to be
necessary or appropriate.
(b) Termination.--The Administrator may not forgive or undertake
any loan under subsection (a) after the end of the 1-year period
beginning on the date of the enactment of this Act.
SEC. 4. PROHIBITION ON SALE OF DISASTER LOANS.
Section 4 of the Small Business Act (15 U.S.C. 633) is amended by
adding at the end the following:
``(g) Prohibition on Sale of Disaster Loans.--The Administrator may
not sell any portion of the Administration's interest in, or the rights
of the Administration with respect to, any loan made directly or
through immediate participation under section 7(b), including by direct
sale, through the sale of loan participations, or by including such
loans in a pool of assets for the purpose of selling asset-backed
securities.''.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Charitable organization.--The term ``charitable
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986.
(3) Credit elsewhere.--The term ``credit elsewhere'' has
the meaning given such term in section 3(h) of the Small
Business Act (15 U.S.C. 632(h)).
(4) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(5) Substantial economic injury.--The term ``substantial
economic injury'' has the meaning given such term in section
7(b)(3)(A)(iii) of the Small Business Act (15 U.S.C.
636(b)(3)(A)(iii)). | Small Business Emergency Relief Act of 2001 Authorizes the Administrator of the Small Business Administration to make disaster loans to small business concerns and other eligible entities that were injured as a result of the September 11, 2001, terrorists attacks. Makes such loans available for repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property and any economic injury. Includes charitable organizations among those eligible for such loans.Authorizes the Administrator to forgive or undertake obligations under loans already made under the Small Business Act to recipients which have suffered substantial economic injury as a result of the September 11, 2001, terrorist attacks.Amends the Small Business Act to prohibit the sale of disaster loans. | {"src": "billsum_train", "title": "To authorize the Administrator of the Small Business Administration to make loans to certain concerns that suffered economic and other injury as result of the terrorist attacks against the United States that occurred on September 11, 2001, and for other purposes."} | 1,117 | 143 | 0.605905 | 1.663741 | 0.778981 | 3.792308 | 7.353846 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreement Compliance Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the United States has entered into numerous trade
agreements with foreign country trading partners;
(2) foreign country performance with respect to certain
agreements has been less than contemplated, and in some cases
rises to the level of noncompliance; and
(3) there is a need to provide a mechanism whereby
interested parties can obtain a periodic review of the
performance of a foreign country under a trade agreement.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that foreign countries which have made
commitments through agreements with the United States fully
abide by those commitments;
(2) to obtain foreign country compliance with agreements
with the United States through negotiation or, in the
alternative, through unilateral action in cases in which the
GATT dispute settlement procedures cannot be employed;
(3) to achieve a more open world trading system which
provides mutually advantageous market opportunities for trade
between the United States and foreign countries;
(4) to facilitate the opening of foreign country markets to
exports of the United States and third countries by eliminating
trade barriers and increasing the access of industry of the
United States and third countries to such markets; and
(5) to reduce diversion of third country exports to the
United States because of restricted market access in foreign
countries.
SEC. 3. REVIEW OF TRADE AGREEMENTS.
(a) In General.--Chapter 1 of title III of the Trade Act of 1974
(19 U.S.C. 2411 et seq.) is amended by inserting after section 306, the
following new section:
``SEC. 306A. REQUEST FOR REVIEW OF TRADE AGREEMENTS.
``(a) Annual Review of Trade Agreements.--
``(1)(A) At the written request of an interested person,
the Trade Representative shall commence a review to determine
whether a foreign country is in compliance with any trade
agreement such country has with the United States.
``(B) An interested person may file a written request for
review under paragraph (1) at any time after the date which is
within 30 days after the anniversary of the effective date of
such agreement, but not later than 90 days before the date of
the expiration of such agreement.
``(C) A written request filed under this paragraph shall--
``(i) identify the person filing the request and
the interest of that person which is affected by the
noncompliance of a foreign country with a trade
agreement with the United States;
``(ii) describe the rights of the United States
being denied under such trade agreement; and
``(iii) include information reasonably available to
the person regarding the failure of the foreign country
to comply with such trade agreement.
``(2) Not later than 90 days after receipt of a request for
review under paragraph (1), the Trade Representative shall
determine whether any act, policy, or practice of the foreign
country that is the subject of the review is in material
noncompliance with the terms of such agreement.
``(3) In conducting a review under this subsection, the
Trade Representative may, as the Trade Representative
determines appropriate, consult with the Secretary of Commerce
or the Secretary of Agriculture.
``(4)(A) For purposes of this subsection, the term
`interested person' means a person who has a significant
economic interest that is affected by the failure of a foreign
country to comply with a trade agreement.
``(B) For purposes of this subsection, the term `trade
agreement' means an agreement with the United States and is not
intended to include multilateral trade agreements such as the
General Agreement on Tariffs and Trade.
``(b) Factors To Be Taken Into Account.--In making a determination
under subsection (a)(2), the Trade Representative shall take into
account, among other relevant factors--
``(1) achievement of the objectives of the agreement,
``(2) adherence to commitments given, and
``(3) any evidence of actual patterns of trade that do not
reflect patterns of trade which would reasonably be anticipated
to flow from the concessions or commitments of such country
based on the international competitive position and export
potential of a United States industry.
The Trade Representative may seek the advice of the United States
International Trade Commission when considering these factors.
``(c) Further Action.--
``(1) If, on the basis of the review carried out under
subsection (a), the Trade Representative determines that a
foreign country is in material noncompliance with an agreement
within the meaning of subsection (a)(2), the Trade
Representative shall determine what further action to take
under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (a) shall be treated as a determination made
under section 304.
``(3) In determining what further action to take under
paragraph (1), the Trade Representative shall take into account
the criteria described in subsection (d) with respect to
possible sanctions.
``(d) Sanctions.--In developing a list of possible sanctions to be
imposed in the event a determination is made under subsection (a)(2),
the Trade Representative shall seek to minimize any adverse impact on
existing business relations or economic interests of United States
persons, including consideration of taking action with respect to
future products for which a significant volume of current trade does
not exist.''.
(b) Conforming Amendment.--The table of contents of chapter 1 of
title III of the Trade Act of 1974 is amended by inserting after the
item relating to section 306 the following new item:
``Sec. 306A. Request for review of trade agreements.''.
SEC. 4. INTERNATIONAL OBLIGATIONS.
The amendments made by this Act shall not be construed to require
actions inconsistent with the international obligations of the United
States, including obligations under the General Agreement on Tariffs
and Trade. | Trade Agreement Compliance Act of 1993 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), at the request of an interested person, to determine whether a foreign country is complying with any agreement it has with the United States. Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with any agreement.
Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade. | {"src": "billsum_train", "title": "Trade Agreement Compliance Act of 1993"} | 1,302 | 125 | 0.523249 | 1.369663 | 0.566844 | 3.117647 | 12.372549 | 0.862745 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Americans Safe Act of 2005''.
SEC. 2. FEDERAL AFFIRMATION OF STATE AND LOCAL ASSISTANCE IN
ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Notwithstanding any other provision of law and
reaffirming the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate, apprehend,
arrest, detain, or transfer to Federal custody aliens in the United
States (including the transportation of such aliens across State lines
to detention centers), in the course of carrying out their routine
duties for the purpose of assisting in the enforcement of the
immigration laws of the United States.
(b) Construction.--Nothing in this section shall be construed to
require law enforcement officers of a State or political subdivision of
a State to--
(1) report the identity of victims of, or witnesses to, a
criminal offense to the Secretary of Homeland Security; or
(2) arrest such victims or witnesses for immigration
violations.
SEC. 3. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER (NCIC) DATABASE.
(a) Provision of Information to NCIC.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and continually thereafter, the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National
Crime Information Center of the Department of Justice with such
information as the Under Secretary may have on--
(A) all aliens against whom a final order of
removal has been issued;
(B) all aliens who have signed a voluntary
departure agreement; and
(C) all aliens whose visas have been revoked.
(2) Circumstances.--The information described in paragraph
(1) shall be provided to the National Crime Information Center
regardless of whether--
(A) the alien received notice of a final order of
removal; or
(B) the alien has already been removed.
(b) Inclusion of Information in NCIC Database.--Section 534(a) of
title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States; and''.
(c) Permission to Depart Voluntarily.--Section 240B(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by
striking ``120'' and inserting ``30''.
SEC. 4. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231)
is amended by adding at the end the following:
``(j) Custody of Illegal Aliens.--
``(1) In general.--If the chief executive officer of a
State or, if appropriate, a political subdivision of the State,
exercising authority with respect to the apprehension of an
illegal alien submits a request to the Secretary of Homeland
Security that the alien be taken into Federal custody, the
Secretary of Homeland Security--
``(A) shall--
``(i) not later than 48 hours after the
conclusion of the State charging process or
dismissal process, or if no State charging or
dismissal process is required, not later than
48 hours after the illegal alien is
apprehended, take the illegal alien into the
custody of the Federal Government and
incarcerate the alien; or
``(ii) request that the relevant State or
local law enforcement agency temporarily
incarcerate or transport the illegal alien for
transfer to Federal custody; and
``(B) shall designate at least 1 Federal, State, or
local prison or jail, or a private contracted prison or
detention facility, within each State as the central
facility for that State to transfer custody of the
criminal or illegal alien to the Secretary of Homeland
Security.
``(2) Reimbursement.--
``(A) In general.--The Department of Homeland
Security shall reimburse States and political
subdivisions for all reasonable expenses, as determined
by the Secretary of Homeland Security, incurred by a
State or political subdivision in the incarceration and
transportation of an illegal alien as described in
subparagraphs (A) and (B) of paragraph (1).
``(B) Cost computation.--Compensation provided for
costs incurred under subparagraphs (A) and (B) of
paragraph (1) shall be the sum of--
``(i)(I) the average cost of incarceration
of a prisoner per day in the relevant State, as
determined by the chief executive officer of a
State, or, as appropriate, a political
subdivision of the State; multiplied by
``(II) the number of days that the alien
was in the custody of the State or political
subdivision; and
``(ii) the cost of transporting the
criminal or illegal alien--
``(I) from the point of
apprehension to the place of detention;
and
``(II) if the place of detention
and place of custody are different, to
the custody transfer point.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out paragraph (2).''.
SEC. 5. FELONIES COMMITTED BY ILLEGAL ALIENS.
(a) Offenses.--Title 18, United States Code, is amended by
inserting after chapter 51 the following new chapter:
``CHAPTER 52--ENHANCED PENALTIES FOR FELONIES COMMITTED BY ILLEGAL
ALIENS
``Sec. 1131. Enhanced penalties for felonies committed by illegal
aliens
``Whoever, being an alien who is unlawfully present in the United
States, commits a felony shall be fined under this title and sentenced
to not less than 5 years in prison. If the defendant was previously
ordered removed under the Immigration and Nationality Act on the
grounds of having committed a crime, the defendant shall be sentenced
to not less than 15 years in prison. A sentence of imprisonment imposed
under this section shall run consecutively to any other sentence of
imprisonment imposed for any other crime.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 51 the following new item:
``Chapter 52--Enhanced penalties for felonies committed by illegal
aliens
``1131. Enhanced penalties for felonies committed by illegal aliens.''. | Keep Americans Safe Act of 2005 - Affirms state and local authority to investigate, apprehend, arrest, detain, or transfer to federal custody aliens in the United States in the course of carrying out routine duties in order to assist in the enforcement of U.S. immigration laws.
Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to provide the National Crime Information Center with information on aliens: (1) against whom a final order of removal has been issued; (2) who have signed a voluntary departure agreement; and (3) whose visas have been revoked.
Amends the Immigration and Nationality Act (INA) to direct, upon state or appropriate local request, the Secretary of DHS to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS.
Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens.
Amends federal criminal law to provide that: (1) an illegal alien who commits a felony shall be fined and sentenced to not less than five years in prison; (2) if the defendant was previously ordered removed under INA on the grounds of having committed a crime, he or she shall be sentenced to not less than 15 years in prison; and (3) a sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime. | {"src": "billsum_train", "title": "To provide for enhanced enforcement of the Federal immigration laws, and for other purposes."} | 1,600 | 375 | 0.597833 | 1.705756 | 0.860252 | 4.510448 | 4.107463 | 0.940299 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the September 11, 2001, attack on the World Trade
Center represented the single greatest act of terrorism
perpetrated against the United States;
(2) the Federal Government has responded quickly and
provided many of the necessary resources to begin the
rebuilding process in New York City, New York;
(3) September 11, 2001, had a damaging impact on the
1,100,000 students, 137,000 staff members (consisting of
superintendents, principals, teachers, administrators, and
staff), and millions of members of families serving or served
by the New York City public schools (referred to in this
subsection as the ``NYCPS'') community;
(4) more than 1,500 students and 800 staff members lost a
family member or loved one as a result of the disaster;
(5)(A) faculty and staff of the NYCPS reacted with
extraordinary calm, grace, and bravery to evacuate all children
and ensure that each child in their care was safe; and
(B) their diligence prevented even a single injury from
occurring in the midst of unprecedented mayhem;
(6) the Chancellor of the New York City Board of Education,
members of school boards, principals, assistant principals,
teachers, and counselors--
(A) worked tirelessly after the event to ensure
that schools resumed classes and returned to their
regular school schedule as soon as possible; and
(B) worked aggressively to restore a safe,
supportive school environment and to regain normalcy
and stability throughout the entire school system;
(7) the closure of certain bridges and tunnels to
Manhattan, New York City, New York, in the aftermath of the
disaster, affected not only Manhattan-resident students but
also approximately 50,000 students (a population that exceeds
the citywide student enrollments of the school districts of
each of the cities of Atlanta, Georgia, Oakland, California,
Minneapolis, Minnesota, and Seattle, Washington) from other
boroughs who attend school in Manhattan and were affected by
travel disruptions and lost instructional time;
(8)(A) extended classroom instruction is needed for all
students who lost valuable lesson time as a result of the
September 11, 2001, terrorist attack;
(B) without that extra help, student performance on high-
stakes standardized tests may suffer; and
(C) failure to prepare students adequately for State and
city examinations will--
(i) increase the risk that those students will have
to repeat a grade; and
(ii) further strain the already limited resources
of the school system;
(9) a recent study commissioned by the New York City Board
of Education and conducted by Applied Research and Consulting
and the Columbia University School of Public Health--
(A) found profound effects since September 11,
2001, on the mental health of schoolchildren across New
York City, New York, not just those in close proximity
to Ground Zero; and
(B) found that--
(i) more than a fourth of New York City
schoolchildren surveyed in the 4th through 12th
grades are suffering from at least 1 trauma-
related disorder in the wake of the attack on
the World Trade Center; and
(ii) those disorders include major
depression (8.4 percent), post-traumatic stress
(10.5 percent), agoraphobia (15 percent),
separation anxiety (12.3 percent), acting out (10.9 percent), general
anxiety (10.3 percent), and panic anxiety (9.3 percent);
(10) based on the findings of that study, the NYCPS need
additional resources for mental health and trauma counseling
and other appropriate support services to meet the mental
health needs of students affected by the single worst terrorist
attack in United States history;
(11)(A) the NYCPS system incurred significant costs as a
result of the terrorist attack, including--
(i) cleanup and repair costs;
(ii) costs relating to loss of textbooks and
classroom supplies; and
(iii) costs relating to transportation and food
revenue losses; and
(B) the Federal Emergency Management Agency and other
Federal agencies have yet to provide adequate resources to
address those significant costs;
(12)(A) the Federal Government provided resources to the
school systems of Miami-Dade, Florida, Los Angeles, California,
and Columbine, Colorado, after those systems incurred
extraordinary expenses resulting from a traumatic event or
disaster; and
(B) the Federal Government needs to partner with the NYCPS
system to ensure that the system receives similar Federal
assistance in the wake of the September 11 tragedy; and
(13)(A) on September 11, 2001, the President instructed the
Federal Emergency Management Agency to do whatever it takes to
help those affected by the terrorist attack; and
(B) the Federal Emergency Management Agency needs to commit
to ensuring that the President's instruction is carried out.
(b) Purpose.--The purpose of this Act is to ensure that the Federal
Emergency Management Agency has the authority and direction to provide
necessary resources to the New York City public school system--
(1) to meet any extraordinary expenses resulting from the
terrorist attack of September 11, 2001; and
(2) to prevent any of the resulting financial losses from
infringing on the ability of the system to provide all public
elementary school and secondary school students of New York
City, New York, with a fair and equal opportunity to obtain a
high-quality education.
SEC. 2. USE OF FUNDS.
(a) In General.--From the amounts appropriated to the Federal
Emergency Management Agency for fiscal year 2002, $161,000,000 may be
used to compensate the New York City Board of Education for additional
operating and education-related expenses that--
(1) were incurred for the provision of services to public
elementary school and secondary school students;
(2) were incurred for the period beginning September 11,
2001, and ending December 31, 2002; and
(3) resulted from the terrorist attack on New York City,
New York, on September 11, 2001.
(b) Expenses.--Expenses that may be compensated under subsection
(a) include, at a minimum, the costs of--
(1) providing additional classroom instruction time and
related activities to students who lost instructional time as a
result of the terrorist attack;
(2) providing mental health and trauma counseling and other
appropriate support services to students suffering from trauma-
related disorders resulting from the terrorist attack on New
York City on September 11, 2001;
(3) providing guidance, grief counseling, and mental health
services for students and school staff members, including
providing overtime payments for counselors and mental health
professionals;
(4) providing cleanup and structural inspections and
repairs of school facilities;
(5) reimbursement for textbooks and other school supplies
and equipment used to support the relocation of students from
schools in the Lower Manhattan area of New York City, New York;
(6) relocating students, including--
(A) transportation of students relocated from the
schools that the students attended at the beginning of
the 2002-2003 school year to temporary school
facilities; and
(B) reimbursement for the amount expended for the
daily rate of bus service paid by the New York City
Board of Education for that transportation; and
(7) reimbursement for--
(A) loss of perishable food stock; and
(B) revenue lost from food services. | Authorizes use of certain funds appropriated to the Federal Emergency Management Agency to compensate the New York City Board of Education for operating and education-related expenses of New York City public schools, including mental health and trauma counseling and other appropriate support services, resulting from the terrorist attack on September 11, 2001. | {"src": "billsum_train", "title": "A bill to authorize the use of certain funds to compensate New York City public schools for operating and education-related expenses (including expenses relating to the provision of mental health and trauma counseling and other appropriate support services) resulting from the terrorist attack on that city on September 11, 2001."} | 1,511 | 62 | 0.445146 | 1.28535 | 0.714612 | 5.155172 | 26.206897 | 0.982759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit for New Cars Act of 2009''.
SEC. 2. CREDIT FOR NEW MOTOR VEHICLE PURCHASES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30E. NEW MOTOR VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to $3,000 with respect to each qualified motor vehicle placed in
service by the taxpayer during the taxable year.
``(b) Limitation on Value of Vehicles Taken Into Account.--No
credit shall be allowed under subsection (a) with respect to any
vehicle the fair market value of which equals or exceeds $40,000
(determined immediately before such vehicle is placed in service by the
taxpayer).
``(c) Limitations With Respect to Business Credit.--
``(1) 50 percent of credit allowed.--50 percent of so much
of the credit which would be allowed under subsection (a) for
any taxable year (determined without regard to this subsection)
that is attributable to qualfied motor vehicles of a character
subject to an allowance for depreciation shall be treated as a
credit listed in section 38(b) for such taxable year (and not
allowed under subsection (a)).
``(2) Not more than 2 vehicles taken into account.--Not
more than 2 qualified motor vehicles may be taken into account
under paragraph (1).
``(3) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, shall be treated as one
person for purposes of the credit determined under this
subsection.
``(d) Personal Credit.--
``(1) In general.--For purposes of this title, the credit
allowed under subsection (a) for any taxable year (determined
without regard ot any qualified motor vehicle of a character
subject to an allowance for depreciation) shall be treated as a
credit allowable under subpart A for such taxable year.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year
(determined without regard ot any qualified motor vehicle of a
character subject to an allowance for depreciation) shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under
subpart A (other than this section and sections 23,
25D, 30, and 30D) and section 27 for the taxable year.
``(e) Qualified Motor Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified motor vehicle' means
a motor vehicle--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use or lease by the
taxpayer and not for resale, and
``(C) which is made by a manufacturer,
``(D) the final assembly of which is in the United
States,
``(E) which is treated as a motor vehicle for
purposes of title II of the Clean Air Act, and
``(F) which has a gross vehicle weight rating of
not more than 8,500 pounds.
``(2) Motor vehicle; manufacturer.--The terms `motor
vehicle' and `manufacturer' have the meaning given such terms
in section 30D(d).
``(f) Special Rules.--For purposes of this section--
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed (determined without regard to subsections (c) and (d)).
``(2) No double benefit.--The amount of any deduction or
other credit allowable under this chapter for a qualified motor
vehicle shall be reduced by the amount of credit allowed under
subsection (a) for such vehicle (determined without regard to
subsections (c) and (d)).
``(3) Property used by tax-exempt entity.--In the case of a
vehicle the use of which is described in paragraph (3) or (4)
of section 50(b) and which is not subject to a lease, the
person who sold such vehicle to the person or entity using such
vehicle shall be treated as the taxpayer that placed such
vehicle in service, but only if such person clearly discloses
to such person or entity in a document the amount of any credit
allowable under subsection (a) with respect to such vehicle
(determined without regard to subsections (c) and (d)).
Property to which this paragraph applies shall be treated for
purposes of subsections (c) and (d) as property of a character
subject to an allowance for depreciation.
``(4) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1).
``(5) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(6) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects not to have this section apply to such vehicle.
``(7) Interaction with air quality and motor vehicle safety
standards.--Unless otherwise provided in this section, a motor
vehicle shall not be considered eligible for a credit under
this section unless such vehicle is in compliance with--
``(A) the applicable provisions of the Clean Air
Act for the applicable make and model year of the
vehicle (or applicable air quality provisions of State
law in the case of a State which has adopted such
provision under a waiver under section 209(b) of the
Clean Air Act), and
``(B) the motor vehicle safety provisions of
sections 30101 through 30169 of title 49, United States
Code.
``(g) Termination.--No credit shall be allowed under this section
with respect to any vehicle placed in service after December 31,
2009.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the portion of the new motor vehicle credit to which
section 30E(c) applies.''.
(c) Conforming Amendments.--
(1)(A) Section 24(b)(3)(B) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(B) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(C) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``, 30D, and 30E''.
(D) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(E) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(F) Section 1400C(d)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30E(f)(1).''.
(3) Section 6501(m) of such Code is amended by inserting
``30E(f)(6),'' after ``30D(e)(4),''.
(4) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30E. New motor vehicles.''.
(d) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2008, in taxable years
ending after such date.
(e) Application of EGTRRA Sunset.--The amendment made by subsection
(c)(1)(A) shall be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 in the same manner as the provision
of such Act to which such amendment relates. | Credit for New Cars Act of 2009 - Amends the Internal Revenue Code to allow a $3,000 tax credit for the purchase of a qualified motor vehicle through December 31, 2009. Defines "qualified motor vehicle" as a manufactured motor vehicle that complies with emission standards established by the Clean Air Act, that has a gross vehicle weight rating of not more than 8,500 pounds, and that is assembled in the United States. Disqualifies any vehicle that has a fair market value of $40,000 or more. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of new motor vehicles."} | 2,081 | 110 | 0.486451 | 1.237418 | 0.6167 | 2.842105 | 19.831579 | 0.863158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine Springs Land Exchange Act''.
SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
three parcels of land, and any improvements thereon, comprising
approximately 80 acres in the Lincoln National Forest, New
Mexico, as depicted on the map entitled ``Pine Springs Land
Exchange'' and dated May 25, 2004, and more particularly
described as S1/2SE1/4NW1/4, SW1/4SW1/4, W1/2E1/2NW1/4SW1/4,
and E1/2W1/2NW1/4SW1/4 of section 32 of township 17 south,
range 13 east, New Mexico Principal Meridian.
(2) Non-federal land.--The term ``non-Federal land'' means
the parcel of land owned by Lubbock Christian University
comprising approximately 80 acres, as depicted on the map
referred to in paragraph (1) and more particularly described as
N1/2NW1/4 of section 24 of township 17 south, range 12 east,
New Mexico Principal Meridian.
(b) Land Exchange Required.--
(1) Exchange.--In exchange for the conveyance of the non-
Federal land by Lubbock Christian University, the Secretary of
Agriculture shall convey to Lubbock Christian University, by
quit-claim deed, all right, title, and interest of the United
States in and to the Federal land. The conveyance of the
Federal land shall be subject to valid existing rights and such
additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States. To
the extent practicable, and subject to paragraph (2), the
Secretary shall complete the land exchange not later than one
year after the date of the enactment of this Act.
(2) Acceptable title.--Title to the non-Federal land shall
conform with the title approval standards of the Attorney
General applicable to Federal land acquisitions and shall
otherwise be acceptable to the Secretary.
(3) Costs of implementing the exchange.--The costs of
implementing the land exchange shall be shared equally by the
Secretary and Lubbock Christian University.
(c) Treatment of Map and Legal Descriptions.--The Secretary and
Lubbock Christian University may correct any minor error in the map
referred to in subsection (a)(1) or the legal descriptions of the
Federal land and non-Federal land. In the event of a discrepancy
between the map and legal descriptions, the map shall prevail unless
the Secretary and Lubbock Christian University otherwise agree. The map
shall be on file and available for inspection in the Office of the
Chief of the Forest Service and the Office of the Supervisor of Lincoln
National Forest.
(d) Equal Value Exchanges.--The fair market values of the Federal
land and non-Federal land exchanged under subsection (b) shall be equal
or, if they are not equal, shall be equalized in the manner provided in
section 206 of the Federal Land Policy Management Act of 1976 (43
U.S.C. 1716). The fair market value of the land shall be determined by
appraisals acceptable to the Secretary and Lubbock Christian
University. The appraisals shall be performed in conformance with
subsection (d) of such section and the Uniform Appraisal Standards for
Federal Land Acquisitions.
(e) Revocation and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing
any of the Federal land from appropriation or disposal under
the public land laws are revoked to the extent necessary to
permit disposal of the Federal land.
(2) Withdrawal of federal land.--Subject to valid existing
rights, pending the completion of the land exchange, the
Federal land is withdrawn from all forms of location, entry and
patent under the public land laws, including the mining and
mineral leasing laws and the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.).
(f) Administration of Land Acquired by United States.--
(1) Boundary adjustment.--Upon acceptance of title by the
Secretary of the non-Federal land, the acquired land shall
become part of the Lincoln National Forest, and the boundaries
of the Lincoln National Forest shall be adjusted to include the
land. For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Lincoln National Forest, as adjusted pursuant
to this paragraph, shall be considered to be boundaries of the
Lincoln National Forest as of January 1, 1965.
(2) Management.--The Secretary shall manage the acquired
land in accordance with the Act of March 1, 1911 (commonly
known as the Weeks Act; 16 U.S.C. 480, 500, 513-519, 521, 552,
563), and in accordance with the other laws and regulations
applicable to National Forest System lands.
(g) Relation to Other Laws.--Subchapters II and III of chapter 5 of
title 40, United States Code, and the Agriculture Property Management
Regulations shall not apply to any action taken pursuant to this
section.
Passed the House of Representatives September 22, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Pine Springs Land Exchange Act - Directs the Secretary of Agriculture to convey to Lubbock Christian University by quitclaim deed all right of the United States to specified Federal lands in the Lincoln National Forest, New Mexico, in exchange for the conveyance of certain non-Federal land owned by the University.
Requires that: (1) title to the non-Federal land conform with the title approval standards of the Attorney General applicable to Federal land acquisitions and be otherwise acceptable to the Secretary; and (2) the costs of implementing the exchange be shared equally by the Secretary and the University.
Sets forth provisions regarding: (1) the correction of minor errors in the map and legal descriptions; (2) equalization of values; (3) revocation and withdrawal of Federal land; and (4) administration of land acquired by the United States. | {"src": "billsum_train", "title": "To provide for a land exchange involving Federal lands in the Lincoln National Forest in the State of New Mexico, and for other purposes."} | 1,169 | 175 | 0.642848 | 2.154269 | 0.862873 | 3.515337 | 6.202454 | 0.91411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Vessel Emissions Reduction
Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) emissions of air pollutants from marine vessels
contribute significantly to dangerous air pollution in many
areas in the United States;
(2) current levels of control on those emissions are not
adequate to protect air quality and public health;
(3) to protect air quality and public health, efforts by
State and local governments to control emissions from marine
vessels must be augmented by the Federal Government;
(4) although the Environmental Protection Agency may
require additional controls on domestic and international
marine vessels entering United States ports, significant
emission reductions must be achieved in the near future; and
(5) it is urgent and necessary to require the Administrator
of the Environmental Protection Agency to establish standards
to reduce emissions of air pollutants from marine vessels in a
sufficient period of time to allow all areas in the United
States to meet air quality standards in accordance with
applicable deadlines.
SEC. 3. MARINE VESSEL FUEL SULFUR.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) by redesignating the first subsection (r) (relating to
fuel and fuel additive importers and importation) as subsection
(u) and moving that subsection so as to appear at the end of
the section; and
(2) by inserting after subsection (o) the following:
``(p) Marine Vessel Fuel Sulfur.--
``(1) In general.--Subject to paragraph (3), not later than
December 15, 2008, the Administrator shall promulgate
regulations that, effective beginning on December 31, 2010,
require marine vessels described in paragraph (2) to use fuel
that contains not more than 1,000 parts per million of sulfur
in the main and auxiliary engines of the vessels.
``(2) Applicability.--The regulations promulgated pursuant
to paragraph (1) shall apply to all marine vessels, including
any vessel flagged in a country other than the United States,
at any time at which the vessels are, on entering or leaving a
port or offshore terminal of the United States--
``(A) within 200 miles of the west coast of the
continental United States; and
``(B) within such distance of the east coast or
Gulf coast of the United States, or the shoreline of
the Great Lakes or St. Lawrence Seaway, as the
Administrator determines to be appropriate for the
purpose of protecting public health and the
environment.
``(3) Interim requirement.--
``(A) In general.--Notwithstanding the requirement
of paragraph (1), the Administrator may promulgate
regulations under that paragraph that permit marine
vessel fuel sulfur content in excess of 1,000 parts per
million if the Administrator determines that compliance
with the requirement of paragraph (1) is not
technically feasible by December 31, 2010.
``(B) Regulations.--If the Administrator makes a
determination described in subparagraph (A), the
Administrator shall promulgate regulations that require
marine vessels--
``(i) beginning on December 31, 2010, to
use fuel that contains--
``(I) the lowest quantity of sulfur
that is technically feasible by that
date; and
``(II) in no event a quantity of
sulfur in excess of 2,000 parts per
million; and
``(ii) to achieve compliance with the
requirement of paragraph (1) on the earliest
practicable date by which compliance is
technically feasible.
``(4) Alternative compliance mechanism.--The Administrator
may provide for an alternative mechanism of compliance under
this subsection for a marine vessel if the Administrator
determines that--
``(A) the vessel employs a control technology that
reduces emissions from the vessel of sulfur oxides and
particulate matter to at least the same degree as the
reduction that would be achieved by the vessel through
compliance with the applicable fuel sulfur content
limitation under this subsection; and
``(B) the emission reductions achieved as described
in subparagraph (A) are in addition to any reductions
required to achieve compliance with an applicable
engine emission standard issued by the Administrator or
the head of another Federal agency.
``(5) No effect on other authority.--Nothing in this
subsection limits or otherwise affects any authority of the
Administrator to regulate fuels or fuel additives for use in
marine vessels or any other nonroad vehicle or engine under
this Act or any other provision of law.''.
SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS.
Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Advanced Marine Vessel Emission Controls.--
``(1) Standards for oceangoing vessels.--
``(A) In general.--Not later than December 15,
2008, the Administrator shall promulgate, and from time
to time revise, regulations that establish standards
for emissions of oxides of nitrogen, particulate
matter, hydrocarbons, and carbon monoxide from newly-
manufactured and in-use main and auxiliary engines in
oceangoing marine vessels that enter or leave a port or
offshore terminal of the United States.
``(B) Requirement.--The standards under
subparagraph (A) shall require, effective beginning on
January 1, 2012, that the engines described in that
subparagraph achieve the greatest degree of emission
reduction achievable through the application of
technology that the Administrator determines, in
accordance with this paragraph, will be available for
the affected engines.
``(C) Additional factors for consideration.--
``(i) In general.--In promulgating a
standard under this paragraph, the
Administrator shall take into consideration--
``(I) whether the engine is newly-
manufactured or in-use (and, if the
engine is in-use, the age of the
engine);
``(II) the cost of applying an
emission reduction technology in a
period of time sufficient to achieve
compliance with the standard;
``(III) noise, energy, and safety
factors associated with the application
of the technology; and
``(IV) the feasibility, benefits,
and costs of requiring--
``(aa) the maximum level of
control required by regulations
applicable to on-road, nonroad,
and stationary engines; and
``(bb) the maximum level of
control achieved by sources
from which control technologies
may be transferred, including
sources that use advanced
aftertreatment technologies.
``(ii) Determination.--
``(I) In general.--If the
Administrator determines, after
consideration of the factors described
in clause (i), that a maximum level of
control described in clause (i)(IV)
will not be technically achievable by
January 1, 2012, the Administrator
shall promulgate standards under
subparagraph (A) that require the
maximum level of control that the
Administrator determines will be
technically achievable by that date.
``(II) Additional standards.--If
the Administrator makes a determination
under subclause (I), the Administrator
shall promulgate additional standards
under subparagraph (A) that require,
effective beginning on January 1,
2016--
``(aa) the maximum level of
control described in clause
(i)(IV); or
``(bb) if the Administrator
determines, after consideration
of the factors described in
clause (i), that a maximum
level of control described in
subclause (IV) of that clause
is not technically achievable
by January 1, 2016, the maximum
level of control that the
Administrator determines will
be technically achievable by
that date.
``(2) Applicability.--Standards applicable to marine
engines and marine vessels promulgated under this section shall
be applicable to vessels that enter or leave a port or offshore
terminal of the United States, including vessels flagged in any
country other than the United States.
``(3) Enforcement.--
``(A) In general.--The standards established under
this subsection shall be enforced in accordance with
subsection (f).
``(B) Enforcement against certain persons.--At the
discretion of the Administrator, any standard
established under this subsection relating to in-use
engines may be enforced against--
``(i) the owner or operator of an in-use
engine;
``(ii) any person that rebuilds or
maintains an in-use engine; or
``(iii) such other person as the
Administrator determines to be appropriate.
``(4) No effect on other authority.--Nothing in this
subsection limits or otherwise affects any authority of the
Administrator to regulate emissions of engines in marine
vessels under this Act or any other provision of law.''. | Marine Vessel Emissions Reduction Act of 2008 - (Sec. 3) Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations that require specified marine vessels to use fuel that contains not more than 1,000 parts per million of sulfur in their main and auxiliary engines, effective December 31, 2010. Applies such regulations to marine vessels that are within 200 miles of the coasts of the continental United States or the shoreline of the Great Lakes or St. Lawrence Seaway, as the Administrator determines to be appropriate for the purpose of protecting public health and the environment.
Authorizes interim regulations that permit sulfur content in excess of 1,000 parts per million if the Administrator determines that compliance with such requirement is not technically feasible by such date. Requires any such interim regulations to require marine vessels to: (1) use fuel that contains the lowest quantity of sulfur that is technically feasible by such date not exceeding 2,000 parts per million; and (2) achieve compliance with the 1,000 parts per million standard on the earliest date technically feasible.
Authorizes the Administrator to provide for an alternative mechanism of compliance for a marine vessel if: (1) the vessel employs a control technology that reduces emissions of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved through compliance with the applicable fuel sulfur content limitation; and (2) the emission reductions achieved are in addition to any reductions required to achieve compliance with an applicable engine emission standard.
(Sec. 4) Requires: (1) the Administrator, no later than December 15, 2008, to establish and periodically revise standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly-manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a U.S. port or offshore terminal; and (2) such standards to require, beginning January 1, 2012, that the engines achieve the greatest degree of emission reduction achievable through the application of available technology. Sets forth factors for the Administrator to consider when promulgating such standards.
Directs the Administrator, upon determining that the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines or achieved by sources from which control technologies may be transferred (including sources that use advanced aftertreatment technologies) will not be technically achievable by January 1, 2012, to promulgate: (1) standards that require the level of control that will be technically achievable by that date; and (2) additional standards that require either such maximum level of control or the level that will be technically achievable beginning January 1, 2016. Requires such standards to apply to vessels that enter or leave a port or offshore terminal of the United States.
Provides for the enforcement of in-use engine standards against: (1) owners or operators; and (2) persons that rebuild or maintain such engines. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to reduce air pollution from marine vessels."} | 1,880 | 612 | 0.711004 | 2.181462 | 0.843894 | 4.276596 | 3.241135 | 0.946809 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restore Scientific
Integrity to Federal Research and Policymaking Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Prohibition of political interference with science.
Sec. 4. Whistleblower extension for disclosures relating to
interference with science.
Sec. 5. Requirements relating to Federal scientific advisory
committees.
Sec. 6. Peer review.
Sec. 7. State of scientific integrity report.
Sec. 8. Definitions.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) America has for its history served as a world leader of
scientific innovation and research.
(2) Multiple policy and legislative decisions affecting the
health and safety of the American public and the state of the
environment depend upon comprehensive, accurate scientific
information.
(3) The Federal Government plays a key role in fostering
and supporting scientific research.
(4) The conduct of such research depends on free
investigation and open exchange of ideas.
(5) Scientific advisory committees must be comprised of
individuals with the appropriate expertise regardless of
political affiliation.
(6) Over the past four years, leading scientific
associations and scientific journals, Inspectors General,
senior scientists within the Federal Government, former
scientific officials from both Republican and Democratic
administrations, and 48 Nobel Laureates have raised concerns
about political interference with science in the executive
branch of the Federal Government.
(7) This interference has included tampering with the
conduct of research, gagging of government scientists,
distortion of scientific information presented to Congress and
the public, and manipulation of Federal scientific advisory
committees.
(b) Purpose.--The purpose of this Act is to protect scientific
integrity in Federal research and policymaking.
SEC. 3. PROHIBITION OF POLITICAL INTERFERENCE WITH SCIENCE.
(a) In General.--Subchapter V of chapter 73 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7354. Interference with science
``(a) In General.--An employee may not engage in any of the
following:
``(1) Tampering with the conduct of federally funded
scientific research or analysis.
``(2) Censorship of findings of federally funded scientific
research or analysis.
``(3) Directing the dissemination of scientific information
known by the directing employee to be false or misleading.
``(b) Penalties.--An employee who violates this section shall be
subject to appropriate disciplinary action by the employing agency or
entity.''.
(b) Prohibited Personnel Practice.--Section 2302(b) of title 5,
United States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (12) the following:
``(13) take or fail to take, or threaten to take or fail to
take, a personnel action with respect to any employee because
of the development or dissemination, within the scope of
employment, of scientific research or analysis that the
employee reasonably believes to be accurate and valid.''.
(c) Clerical Amendment.--The table of sections for chapter 73 of
title 5, is amended by inserting after the item relating to section
7353 the following:
``7354. Interference with science.''.
SEC. 4. WHISTLEBLOWER EXTENSION FOR DISCLOSURES RELATING TO
INTERFERENCE WITH SCIENCE.
(a) In General.--Subparagraphs (A)(ii) and (B)(ii) of section
2302(b)(8) of title 5, United States Code, are amended by inserting
after ``authority,'' the following: ``including but not limited to
tampering with the conduct of federally funded scientific research or
analysis, censoring the findings of federally funded scientific
research or analysis, or directing the dissemination of scientific
information known by the directing employee to be false or
misleading,''.
(b) Conforming Amendments.--
(1) Section 1212(a)(3) of title 5, United States Code, is
amended by inserting after ``authority,'' the following:
``including but not limited to tampering with the conduct of
federally funded scientific research or analysis, censoring the
findings of federally funded scientific research or analysis,
or directing the dissemination of scientific information known
by the directing employee to be false or misleading,''.
(2) Section 1213(a) of such title is amended--
(A) in paragraph (1)(B), by inserting after
``authority,'' the following: ``including but not
limited to tampering with the conduct of federally
funded scientific research or analysis, censoring the
findings of federally funded scientific research or
analysis, or directing the dissemination of scientific
information known by the directing employee to be false
or misleading,''; and
(B) in paragraph (2)(B), by inserting after
``authority,'' the following: ``including but not
limited to tampering with the conduct of federally
funded scientific research or analysis, censoring the
findings of federally funded scientific research or
analysis, or directing the dissemination of scientific
information known by the directing employee to be false
or misleading,''.
SEC. 5. REQUIREMENTS RELATING TO FEDERAL SCIENTIFIC ADVISORY
COMMITTEES.
(a) Bar on Litmus Tests.--All appointments to Federal scientific
advisory committees shall be made without regard to political
affiliation, unless required by Federal statute.
(b) Designation of Members as Special Government Employees or
Representatives.--
(1) An individual appointed to a Federal scientific
advisory committee who is not a full-time or permanent part-
time officer or employee of the Federal Government shall be
designated, by the agency to which the committee reports, as
either--
(A) a special Government employee, if the
individual is providing advice based on the
individual's expertise or experience; or
(B) a representative, if the individual is
representing the views of individuals or entities
outside the Federal Government.
(2) An agency shall review the members of each Federal
scientific advisory committee that reports to the agency to
determine whether each member's designation is appropriate, and
to redesignate members if appropriate. Such review shall be
made when the committee's charter expires or, in the case of a
committee with an indefinite charter, every 2 years.
(c) Ensuring Independent Advice and Expertise.--
(1) Each agency shall, to the extent permitted by law,
appoint individuals to Federal scientific advisory committees
as special government employees.
(2) Each agency shall make its best efforts to ensure
that--
(A) no individual appointed to serve on a Federal
scientific advisory committee has a conflict of
interest that is relevant to the functions to be
performed, unless such conflict is promptly and
publicly disclosed and the agency determines that the
conflict is unavoidable; and
(B) each report of the advisory committee will be
the result of the advisory committee's independent
judgment and include a statement indicating the process
used by the advisory committee in formulating the
recommendations or conclusions contained in the report.
(3) Each agency shall require that individuals that the
agency appoints or intends to appoint to serve on a Federal
scientific advisory committee inform the agency of the
individual's conflicts of interest that are relevant to the
functions to be performed.
(4) If an agency determines that representative members are
required on a Federal scientific advisory committee, the
Advisory Committee Management Officer of the agency shall
consult with the designated agency ethics official to ensure
that the designation is appropriate and necessary to fulfilling
the committee's purpose.
(5) The designated agency ethics official of each agency
shall issue guidance to ensure that Federal scientific advisory
committees are providing sufficiently independent advice and
expertise.
(6) The Administrator for General Services shall conduct an
annual review of compliance by agencies with this subsection
and shall submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental
Affairs and Homeland Security of the Senate a report on the
results of the review.
(d) Disclosure of Information.--
(1) Items required to be disclosed.--With respect to each
Federal scientific advisory committee established before, on,
or after the date of the enactment of this Act, the agency to
which the committee reports shall make available as described
in paragraph (2) the following information, at a minimum:
(A) The charter of the committee.
(B) A description of the committee formation
process, including at least--
(i) the process for identifying prospective
members;
(ii) the process of selecting members for
balance of viewpoints or expertise; and
(iii) a justification of the need for
representative members, if any.
(C) A list of all current members, including, for
each member, the following:
(i) The name of any person or entity that
nominated the member.
(ii) Whether the member is designated as a
special Government employee or a
representative.
(iii) In the case of a representative, the
individuals or entity whose viewpoint the
member represents.
(D) A list of all special Government employees who
have received conflict of interest waivers under
section 208(b) of title 18, United States Code, under
regulations issued by the Office of Government Ethics,
a summary description of the conflict necessitating the
waiver, and the reason for granting the waiver.
(E) A summary of the process used by the committee
for making decisions.
(F) Transcripts of all meetings of the committee.
(G) Notices of future meetings of the committee.
(2) Methods of disclosure.--
(A)(i) Except as provided in clause (ii), the
information required to be disclosed by an agency under
this subsection shall be available electronically,
including on the official public Internet site of the
agency, at least 7 calendar days before each meeting of
a Federal scientific advisory committee.
(ii) In the case of a transcript of a meeting of a
Federal scientific advisory committee, the transcript
shall be disclosed by an agency under this subsection
not later than 7 calendar days after the meeting.
(B) The Administrator of General Services shall
provide, on the official public Internet site of the
General Services Administration, electronic access to
the information made available by each agency under
subparagraph (A).
SEC. 6. PEER REVIEW.
(a) Agency-Directed Peer Review.--Each agency shall determine a
peer review process appropriate for the agency's functions and needs.
(b) Ineffectiveness of Information Quality Bulletin for Peer
Review.--The Information Quality Bulletin for Peer Review, issued in
final form by the Office of Management and Budget on December 16, 2004
(70 Fed. Reg. 2664; January 14, 2005), shall not apply to any agency
that has established its own peer review process. The Office of
Management and Budget shall not take any action to discourage an agency
from determining and establishing a peer-review process appropriate for
its needs.
SEC. 7. STATE OF SCIENTIFIC INTEGRITY REPORT.
By January 15 of each year, beginning with January 15, 2006, the
Director of the Office of Science and Technology Policy shall provide
to Congress a report addressing--
(1) major controversies regarding scientific integrity that
arose during the year, and the current status of such
controversies, including controversies brought to the attention
of the Director by members of Congress;
(2) by agency and with respect to the period covered by the
report--
(A) the number of instances in which the amendments
made by sections 3(a), 3(b), and 4(a), respectively,
were violated; and
(B) a brief description of the violations to which
the information under subparagraph (A) relates,
excluding any information that identifies or makes
possible the identification of any individual;
(3) Federal policy changes during the year related to
scientific integrity, including changes that affect the right
to publish, the use of data, communications with the public,
participation in professional scientific activities, and
Federal advisory committee membership; and
(4) administration efforts specifically designed to further
scientific integrity.
SEC. 8. DEFINITIONS.
In this Act:
(1) Federal scientific advisory committee.--The term
``Federal scientific advisory committee'' means any advisory
committee established in whole or in part to provide expert
scientific advice, or to provide policy advice based in whole
or in part on an assessment of scientific information.
(2) Advisory committee.--The term ``advisory committee''
has the meaning provided in section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.).
(3) Agency.--The term ``agency'' has the same meaning as in
section 551(1) of title 5, United States Code.
(4) Scientific.--The term ``scientific'' means relating to
the natural, medical, or social sciences or engineering,
encompassing, but not limited to, the fields considered related
to science and engineering by the National Science Foundation.
(5) Tampering.--The term ``tampering'' means improperly
altering or obstructing so as to substantially distort, or
directing others to do so.
(6) Censorship.--The term ``censorship'' means improper
prevention of the dissemination of valid and nonclassified
scientific findings.
(7) Special government employee.--The term ``special
Government employee'' has the same meaning as in section 202(a)
of title 18, United States Code.
(8) Advisory committee management officer.--The term
``Advisory Committee Management Officer'' means the officer
designated under section 8(b) of the Federal Advisory Committee
Act (5 U.S.C. App.).
(9) Designated agency ethics official.--The term
``designated agency ethics official'' has the same meaning as
in section 109(3) of the Ethics in Government Act of 1978 (5
U.S.C. App.). | Restore Scientific Integrity to Federal Research and Policymaking Act - Prohibits a federal employee from engaging in: (1) tampering with the conduct of federally funded scientific research or analysis; (2) censorship of findings of such research or analysis; or (3) directing the dissemination of scientific information known by the directing employee to be false or misleading. Sets forth a penalty for violations of such prohibition.
Includes under prohibited personnel practices the taking or failing to take, or threatening to take or failing to take, a personnel action with respect to any employee because of: (1) the development or dissemination, within the scope of employment, of scientific research or analysis that the employee reasonably believes to be accurate and valid; (2) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences an abuse of authority, including but not limited to, tampering with the conduct of federally funded scientific research or analysis, censoring the findings of such research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading.
Sets forth requirements relating to federal scientific advisory committees. States that all appointments to such committees shall be made without regard to political affiliation, unless required by federal statute.
Directs each federal agency to determine a peer review process that is appropriate for the agency's functions and needs. Prohibits "The Information Quality Bulletin for Peer Review", issued on December 16, 2004, from applying to any agency that has established its own peer review process. Prohibits the Office of Management and Budget from taking any action to discourage an agency from determining and establishing a peer-review process appropriate for its needs.
Requires the Director of the Office of Science and Technology Policy to provide annual reports regarding scientific integrity. | {"src": "billsum_train", "title": "A bill to protect scientific integrity in Federal research and policymaking."} | 3,128 | 383 | 0.560355 | 1.743538 | 0.784194 | 5.605797 | 8.443478 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contracting
Opportunities Expansion Act of 2012''.
SEC. 2. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS.
(a) In General.--Section 15(g) of the Small Business Act (15 U.S.C.
644(g)) is amended by striking the subsection enumerator and inserting
the following:
``(g) Goals for Procurement Contracts Awarded to Small Business
Concerns.--''.
(b) Government-Wide Goals.--Paragraph (1) of section 15(g) of such
Act (15 U.S.C. 644(g)) is amended to read as follows:
``(1) Government-wide goals.--The President shall annually
establish Government-wide goals for procurement contracts
awarded to small business concerns, small business concerns
owned and controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns owned
and controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women in accordance with the following:
``(A) The Government-wide goal for participation by
small business concerns shall be established at not
less than 26 percent of the total value of all prime
contract awards for each fiscal year and 40 percent of
the total value of all subcontract awards for each
fiscal year.
``(B) The Government-wide goal for participation by
small business concerns owned and controlled by
service-disabled veterans shall be established at not
less than 3 percent of the total value of all prime
contract and at not less than 3 percent of the total
value of all subcontract awards for each fiscal year.
``(C) The Government-wide goal for participation by
qualified HUBZone small business concerns shall be
established at not less than 3 percent of the total
value of all prime contract and at not less than 3
percent of the total value of all subcontract awards
for each fiscal year.
``(D) The Government-wide goal for participation by
small business concerns owned and controlled by
socially and economically disadvantaged individuals
shall be established at not less than 6 percent of the
total value of all prime contract and at not less than
6 percent of the total value of all subcontract awards
for each fiscal year.
``(E) The Government-wide goal for participation by
small business concerns owned and controlled by women
shall be established at not less than 5 percent of the
total value of all prime contract and at not less than
5 percent of the total value of all subcontract awards
for each fiscal year.''.
(c) Agency Goals.--Paragraph (2) of section 15(g) of such Act (15
U.S.C. 644(g)) is amended to read as follows:
``(2) Agency goals.--
``(A) Establishment.--
``(i) In general.--The head of each Federal
agency shall annually establish, for the agency
that individual heads, a goal for procurement
contracts awarded to--
``(I) small business concerns;
``(II) small business concerns
owned and controlled by service-
disabled veterans;
``(III) qualified HUBZone small
business concerns;
``(IV) small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) small business concerns owned
and controlled by women.
``(ii) Certain goals derived from prior
fiscal year participation rates.--For each
fiscal year--
``(I) each goal established under
clause (i)(II) shall be not less than
the average of the percentage of
participation by small business
concerns owned and controlled by
service-disabled veterans in each of
the 3 preceding fiscal years;
``(II) each goal established under
clause (i)(III) shall be not less than
the average of the percentage of
participation by qualified HUBZone
small business concerns in each of the
3 preceding fiscal years;
``(III) each goal established under
clause (i)(IV) shall be not less than
the average of the percentage of
participation by small business
concerns owned and controlled by
socially and economically disadvantaged
individuals in each of the 3 preceding
fiscal years; and
``(IV) each goal established under
clause (i)(V) shall be not less than
the average of the percentage of
participation by small business
concerns owned and controlled by women
in each of the 3 preceding fiscal
years.
``(B) Relationship to government-wide goals.--
``(i) Scope.--The goals established by the
head of a Federal agency under subparagraph (A)
shall be in the same format as the goals
established by the President under paragraph
(1) and shall address both prime contract and
subcontract awards.
``(ii) Requirement to meet or exceed
government-wide goals.--With respect to each
goal for a fiscal year established under
subparagraph (A) for a category of small
business concern, the participation percentage
applicable to such goal may not be less than
the participation percentage applicable to the
Government-wide goal for such fiscal year
established under paragraph (1) for such
category.
``(C) Consultation required.--
``(i) In general.--In establishing goals
under subparagraph (A), the head of each
Federal agency shall consult with the
Administrator.
``(ii) Disagreements.--If the Administrator
and the head of a Federal agency fail to agree
on a goal established under subparagraph (A),
the disagreement shall be submitted to the
Administrator for Federal Procurement Policy
for final determination.
``(D) Plan for achieving goals.--After establishing
goals under subparagraph (A) for a fiscal year, the
head of each Federal agency shall develop a plan for
achieving such goals, which shall apportion
responsibilities among the employees of such agency
having procurement powers.
``(E) Expanded participation.--In establishing
goals under subparagraph (A), the head of each Federal
agency shall make a consistent effort to annually
expand participation by small business concerns from
each industry category in procurement contracts of such
agency, including participation by small business
concerns owned and controlled by service-disabled
veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.
``(F) Consideration.--The head of each Federal
agency, in attempting to attain expanded participation
under subparagraph (E), shall consider--
``(i) contracts awarded as the result of
unrestricted competition; and
``(ii) contracts awarded after competition
restricted to eligible small business concerns
under this section and under the program
established under section 8(a).
``(G) Communication regarding goals.--
``(i) Importance of achieving goals.--Each
procurement employee or program manager
described in clause (ii) shall communicate to
the subordinates of the procurement employee or
program manager the importance of achieving
goals established under subparagraph (A).
``(ii) Procurement employees or program
managers described.--A procurement employee or
program manager described in this clause is a
senior procurement executive, senior program
manager, or Director of Small and Disadvantaged
Business Utilization of a Federal agency having
contracting authority.''.
(d) Enforcement; Determinations of the Total Value of Contract
Awards.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)), as
amended by this Act, is further amended by adding at the end the
following:
``(3) Enforcement.--If the Administrator does not issue the
report required in paragraph (2) on or before the date that is
120 days after the end of the prior fiscal year, the
Administrator may not carry out or establish any pilot program
until the date on which the Administrator issues the report.
``(4) Determinations of the total value of contract
awards.--For purposes of the goals established under paragraphs
(1) and (2), the total value of contract awards for a fiscal
year may not be determined in a manner that excludes the value
of a contract based on--
``(A) where the contract is awarded;
``(B) where the contract is performed;
``(C) whether the contract is mandated by Federal
law to be performed by an entity other than a small
business concern;
``(D) whether funding for the contract is made
available in an appropriations Act, if the contract is
subject to competition in the Contract Act; or
``(E) whether the contract is subject to the
Federal Acquisition Regulation.''.
SEC. 3. STUDIES ON HOW TO IMPROVE PARTICIPATION IN FEDERAL CONTRACTING
BY TARGETED GROUPS.
(a) Internal Agency Processes.--Not later than December 31, 2013,
the Comptroller General of the United States, in consultation with the
Administrator of the Small Business Administration and the
Administrator of General Services, shall complete a study and submit a
report to Congress on improving internal processes of agencies engaged
in contracting or procurement and increasing outreach to those groups
that are the subject of contracting goals under section 15(g)(1) of the
Small Business Act.
(b) Recommended Legislative Action.--Not later than December 31,
2013, the Comptroller General of the United States, in consultation
with the Administrator of the Small Business Administration and the
Administrator of General Services, shall complete a study and submit a
report to Congress on legislative actions Congress can take to improve
participation in contracting by those groups that are the subject of
contracting goals under section 15(g)(1) of the Small Business Act.
(c) New Government-Wide Goals for Certain Small Businesses.--Not
later than December 31, 2013, the Comptroller General of the United
States, in consultation with the Administrator of the Small Business
Administration, the Secretary of Veterans Affairs, and the
Administrator of General Services, shall complete a study and submit a
report to Congress on the feasibility of the creation of a Government-
wide goal for contracting with small business concerns owned and
controlled by veterans.
SEC. 4. INCREASE IN GOVERNMENT-WIDE GOAL FOR ALL TARGETED GROUPS IN
2018.
(a) In General.--Section 15(g)(1) of the Small Business Act (15
U.S.C. 644(g)(1)), as amended by this Act, is further amended--
(1) in subparagraph (A), by striking ``26 percent'' and
inserting ``27 percent'';
(2) in subparagraph (C), by striking ``3 percent'' each
place it appears and inserting ``4 percent'';
(3) in subparagraph (D), by striking ``6 percent'' each
place it appears and inserting ``7.5 percent''; and
(4) in subparagraph (E), by striking ``5 percent'' each
place it appears and inserting ``6 percent''.
(b) Effective Date.--The amendment made by this section shall take
effect beginning on fiscal year 2017. | Small Business Contracting Opportunities Expansion Act of 2012 - Amends the Small Business Act to raise from 23% to 26% the governmentwide prime contract award goal for participation by small business concerns and make the governmentwide subcontract participation award goal 40% for such businesses. Increases percentage goals for awards to qualified HUBZone [historically underutilized business zone] small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals.
Requires such latter procurement goals, as well as goals for small businesses owned and controlled by service-disabled veterans and by women (collectively, the targeted groups), as established annually by the head of each federal agency participating in federal procurement contracts, to: (1) be at least the average percentage of participation that occurred over the last three fiscal years, (2) be in the same format as the goals established by the President, (3) address both prime contract and subcontract awards, and (4) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the Small Business Administration (SBA) Administrator in establishing agency goals, and (2) develop a plan for achieving agency goals.
Prohibits the carrying out or establishing of any SBA pilot program if the Administrator does not issue a required annual report which compiles and analyzes each agency's performance with respect to procurement contract participation by small businesses.
Requires the Comptroller General to study, and report to Congress on: (1) improving internal processes of federal procurement contracting agencies and increasing outreach to those groups that make up the small business categories, (2) legislative actions to improve participation in contracting by such groups, and (3) the feasibility of creating a governmentwide contract participation goal for small businesses owned and controlled by veterans.
Increases, as of FY2017, the governmentwide small business participation goal as well as the goals for targeted groups. | {"src": "billsum_train", "title": "To amend the Small Business Act to provide for higher goals for procurement contracts awarded to small business concerns, and for other purposes."} | 2,445 | 401 | 0.663106 | 2.3942 | 0.791193 | 2.423497 | 6.153005 | 0.860656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Corporate
Fraud Act''.
SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF.
(a) Proceeds of S.E.C. Enforcement Actions.--If in any
administrative or judicial proceeding brought by the Securities and
Exchange Commission against--
(1) a corporation, or any officer, director, or principal
shareholder of such corporation, for any violation of the
securities laws; or
(2) the accounting firm performing audit services for such
corporation, any subsidiary or affiliate of such firm, or any
general or limited partner of such firm, subsidiary, or
affiliate, for any violation of the securities laws with
respect to any audit services performed for or in relation to
the corporation described in paragraph (1);
the Commission obtains an order providing for an accounting and
disgorgement of funds, such disgorgement fund (including any addition
to such fund required or permitted under this section) shall be
allocated in accordance with the requirements of this section.
(b) Priority for Former Employees of Corporation.--The Commission
shall, by rule, establish an allocation system for the disgorgement
fund. Such system shall provide that, in allocating the disgorgement
fund amount to the victims of the securities laws violations, the first
priority shall be given to individuals who were employed by the
corporation described in subsection (a)(1) or a subsidiary or affiliate
of such corporation, and who were participants in an individual account
plan established by such corporation, subsidiary, or affiliate. Such
allocations among such individuals shall be in proportion to the extent
to which the nonforfeitable accrued benefit of each such individual
under the plan was invested in the securities of such corporation,
subsidiary, or affiliate.
(c) Addition of Civil Penalties.--Any civil penalty assessed and
collected in any proceeding described in subsection (a) shall be added
to and become part of the disgorgement fund pursuant to section 308 of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246), and shall be allocated
pursuant to subsection (b) of this section.
(d) Acceptance of Federal Campaign Contributions.--
(1) In general.--Section 313 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting
before ``or may be used'' the following: ``may be transferred
to any disgorgement fund which is required to be allocated in
accordance with the requirements of the ``Justice for Victims
of Corporate Fraud Act''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts received by a candidate
at any time before, on, or after the date of the enactment of
this Act.
(e) Acceptance of Additional Donations.--The Commission is
authorized to accept, hold, administer, and utilize gifts, bequests,
and devises of property, both real and personal, to the United States
for the disgorgement fund. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the disgorgement fund and shall be
available for allocation in accordance with subsection (b).
(f) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities Exchange Commission.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 78a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), the
Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et
seq.), and the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et
seq.).
(3) Disgorgement fund.--The term ``disgorgement fund''
means a disgorgement fund established in any administrative or
judicial proceeding described in subsection (a).
(4) Subsidiary or affiliate.--The term ``subsidiary or
affiliate'' when used in relation to a person means any entity
that controls, is controlled by, or is under common control
with such person.
(5) Officer, director, or principal shareholder.--The term
``officer, director, or principal shareholder'' means any
person that is subject to the requirements of section 16 of the
Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to
the corporation described in section 2(a), or any subsidiary or
affiliate of such corporation.
(6) Nonforfeitable; accrued benefit; individual account
plan.--The terms ``nonforfeitable'', ``accrued benefit'', and
``individual account plan'' have the meanings provided such
terms, respectively, in paragraphs (19), (23), and (34) of
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(19), (23), (34)). | Justice for Victims of Corporate Fraud Act - Directs the Securities Exchange Commission to establish an allocation system for any disgorgement fund that has been established pursuant to an order for an accounting and disgorgement of funds, and which is designated for victims of securities laws violations committed by either a corporation or its auditing firm.Grants first priority to former employees of the corporation who participated in an individual account plan established by such corporation.Declares that civil penalties collected in the SEC enforcement proceeding shall be added to the disgorgement fund. Amends the Federal Election Campaign Act of 1971 to permit transfer of certain Federal campaign contributions into the disgorgement fund as well. | {"src": "billsum_train", "title": "To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes."} | 1,229 | 145 | 0.629625 | 1.949557 | 0.741779 | 2.325 | 8.608333 | 0.841667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Healthcare Program Act of
2008''.
SEC. 2. PURPOSES.
It is the purpose of this Act to provide grants to States to--
(1) promote access to quality health and dental care for
the medically underserved and uninsured through the commitment
of volunteers; and
(2) encourage and enable healthcare providers to provide
health services to eligible individuals by providing sovereign
immunity protection for the provision of uncompensated
services.
SEC. 3. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE VOLUNTEER
INDEMNITY PROGRAMS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE
VOLUNTEER INDEMNITY PROGRAMS.
``(a) In General.--The Secretary shall award a grant to an eligible
State to enable such State to establish a demonstration program to--
``(1) promote access to quality health and dental care for
the medically underserved and uninsured through the commitment
of volunteer healthcare providers; and
``(2) encourage and enable healthcare providers to provide
health services to eligible individuals, and ensure that
eligible individuals have the right to recover damages for
medical malpractice (in accordance with State law) by providing
sovereign immunity protection for the provision of
uncompensated services.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State shall--
``(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
``(2) provide assurances that the State will not permit
hospitals to enroll individuals seeking care in emergency
departments into the State program; and
``(3) provide assurances that the State will provide
matching funds in accordance with subsection (e).
``(c) Use of Funds.--
``(1) In general.--A State shall use amounts received under
a grant under this section to establish a demonstration program
under which--
``(A) the State will arrange for the provision of
health and dental care to eligible individuals (as
determined under subsection (d)) participating in the
State program;
``(B) ensure that the health and dental care under
paragraph (1) is provided by qualified healthcare
providers that do not receive any form of compensation
or reimbursement for the provision of such care;
``(C) sovereign immunity is extended to qualified
healthcare providers (as defined in paragraph (2)) for
the provision of care to eligible individuals under the
State program under this section;
``(D) the State will agree not to impose any
additional limitations or restrictions on the recovery
of damages for negligent acts, other than those in
effect on date of the establishment of the
demonstration program;
``(E) the State will use more than 5 percent of
amounts received under the grant to conduct an annual
evaluation, and submit to the Secretary a report
concerning such evaluation, of the State program and
the activities carried out under the State program.
``(2) Qualified healthcare providers.--
``(A) In general.--The term `qualified healthcare
provider' means a healthcare provider described in
subparagraph (B) that--
``(i) is licensed by the State to provide
the care involved and is providing such care in
good faith while acting within the scope of the
provider's training and practice;
``(ii) is in good standing with respect to
such license and not on probation;
``(iii) is not, or has not been, subject to
Medicare or Medicaid sanctions under title
XVIII or XIX of the Social Security Act; and
``(iv) is authorized by the State to
provide health or dental care services under
the State program under this section.
``(B) Provider described.--A healthcare provider
described in this subparagraph includes--
``(i) an ambulatory surgical center;
``(ii) a hospital or nursing home;
``(iii) a physician or physician of
osteopathic medicine;
``(iv) a physician assistant;
``(v) a chiropractic practitioner;
``(vi) a physical therapist;
``(vii) a registered nurse, nurse midwife,
licensed practical nurse, or advanced
registered nurse practitioner;
``(viii) a dentist or dental hygienist;
``(ix) a professional association,
professional corporation, limited liability
company, limited liability partnership, or
other entity that provides, or has members that
provide, health or dental care services;
``(x) a non-profit corporation qualified as
exempt from Federal income taxation under
section 501(c) of the Internal Revenue Code of
1986; and
``(xi) a federally funded community health
center, volunteer corporation, or volunteer
healthcare provider that provides health or
dental care services.
``(d) Priority.--Priority in awarding grants under this section
shall be given the States that will provide health or dental care under
the State program under this section, to individuals that--
``(1) have a family income that does not exceed 200 percent
of the Federal poverty line (as defined in section 673(2) of
the Community Health Services Block Grant Act) for a family of
the size involved;
``(2) are not be covered under any health or dental
insurance policy or program (as determined under applicable
State law); and
``(3) are determined to be eligible for care, and referred
for such care, by the State department of health or other
entity authorized by the State for purposes of administering
the State program under this section.
``(e) Provision of Information.--A State shall ensure that prior to
the enrollment under a State program under this section, the individual
involved shall be fully informed of the limitation on liability
provided for under subsection (c)(1)(C) with respect to the provider
involved and shall sign a waiver consenting to such care.
``(f) Matching Requirement.--
``(1) In general.--The Secretary may not award a grant to a
State under this section unless the State agrees, with respect
to the costs to be incurred by the State in carrying out
activities under the grant, to make available non-Federal
contributions (in cash or in kind under paragraph (2)) toward
such costs in an amount equal to not less than $1 for each $3
of Federal funds provided in the grant. Such contributions may
be made directly or through donations from public or private
entities.
``(2) Determination of amount of non-federal
contribution.--
``(A) In general.--Non-Federal contributions
required in paragraph (1) may be in cash or in kind,
fairly evaluated, including equipment or services (and
excluding indirect or overhead costs). Amounts provided
by the Federal Government, or services assisted or
subsidized to any significant extent by the Federal
Government, may not be included in determining the
amount of such non-Federal contributions.
``(B) Maintenance of effort.--In making a
determination of the amount of non-Federal
contributions for purposes of paragraph (1), the
Secretary may include only non-Federal contributions in
excess of the average amount of non-Federal
contributions made by the State involved toward the
purpose for which the grant was made for the 2-year
period preceding the first fiscal year for which the
State is applying to receive a grant under this
section.
``(g) Administrative Provisions.--
``(1) Amount of grant.--The amount of a grant under this
section shall not exceed $600,000 per year for not more than 5
fiscal years.
``(2) Number of grants.--The Secretary shall not award more
than 15 grants under this section.
``(h) Evaluation.--Not later than 3 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
conduct an evaluation of the activities carried out by States under
this section, and submit to the appropriate committees of Congress a
report concerning the results of such evaluation.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
such sums as may be necessary to carry out this section.
``(2) Evaluations.--The Secretary shall use 5 percent of
the amount appropriated under paragraph (1) for each fiscal
year to carry out evaluations under subsection (h).''. | Volunteer Healthcare Program Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award matching grants to states to establish demonstration programs to: (1) promote access to quality health and dental care for the medically underserved and uninsured through the commitment of volunteer health care providers; (2) encourage and enable health care providers to provide health services to eligible individuals; and (3) ensure that eligible individuals have the right to recover damages for medical malpractice by providing sovereign immunity protection for the provision of uncompensated services.
Requires individuals to be fully informed of the limitation on liability provided for under such programs. | {"src": "billsum_train", "title": "A bill to award grants for the establishment of demonstration programs to enable States to develop volunteer health care programs."} | 1,903 | 134 | 0.689492 | 1.961803 | 0.665506 | 5.040323 | 14.443548 | 0.975806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Medication Evaluation and
Dispensing System Act of 1995''.
SEC. 2. ESTABLISHMENT OF MEDICATION EVALUATION AND DISPENSING SYSTEM
UNDER MEDICARE.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by inserting after section 1888 the following
new section:
``medicare medication evaluation and dispensing system
``Sec. 1889. (a) Establishment.--
``(1) In general.--In accordance with the requirements of
this section, the Secretary shall establish and operate the
Medicare Medication Evaluation and Dispensing System (hereafter
in this section referred to as the `MMEDS') to provide for--
``(A) prospective and retrospective review of
prescription drugs furnished to Medicare beneficiaries
(in accordance with subsection (b));
``(B) educating physicians, patients, and
pharmacists regarding the appropriate use of
prescription drugs (in accordance with subsection (c));
and
``(C) the establishment of standards for counseling
Medicare beneficiaries (consistent with the laws of the
State in which a beneficiary resides) regarding the
appropriate use of prescription drugs.
``(2) Treatment of drugs not covered under medicare.--The
MMEDS shall provide for review, information, and counseling
with respect to any prescription drug furnished to a Medicare
beneficiary without regard to whether or not payment may be
made for the drug under this title.
``(3) Medicare beneficiary defined.--In this section, a
`Medicare beneficiary' is any individual entitled to benefits
under part A or enrolled under part B.
``(b) Requirements for Review of Prescriptions.--
``(1) In general.--The MMEDS shall provide on-line
prospective review of prescriptions on a 24-hour basis and
periodic retrospective review of claims.
``(2) Prospective drug utilization review.--
``(A) In general.--The MMEDS shall provide for on-
line prospective review of each outpatient prescription
drug prescribed for a Medicare beneficiary before the
prescription is filled or the drug is furnished,
including screening for potential drug therapy problems
due to therapeutic duplication, drug-to-drug
interactions, drug-disease contraindications, and
incorrect drug dosage or duration of drug treatment.
``(B) Discussion of appropriate use.--In conducting
prospective review under the MMEDS, any individual or
entity that dispenses an outpatient prescription drug
shall offer (consistent with the law of the State in
which the patient resides) to discuss with the patient
to whom the drug is furnished or the patient's
caregiver (in person if practicable, or through access
to a toll-free telephone service) information regarding
the appropriate use of the drug, potential interactions
between the drug and other drugs dispensed to the
individual, and such other matters as the Secretary may
require.
``(C) Additional duties.--In carrying out this
paragraph, the Secretary shall--
``(i) develop public domain software which
could be used by carriers and pharmacies to
provide the on-line prospective review; and
``(ii) study the feasibility and
desirability of requiring patient diagnosis
codes on prescriptions and the feasibility of
expanding the prospective drug utilization review program to include
the identification of drug-disease contraindications, interactions with
over-the-counter drugs, and drug-allergy interactions.
``(3) Retrospective drug utilization review.--As part of
the MMEDS, the Secretary shall provide for a retrospective drug
utilization review program to provide for the ongoing periodic
examination of claims data and other records on outpatient
prescription drugs furnished to Medicare beneficiaries in order
to identify patterns of inappropriate or medically unnecessary
patient care.
``(4) Use of electronic system.--
``(A) In general.--As part of the MMEDS, the
Secretary shall establish, by not later than June 1,
1997, a point-of-sale electronic system for use by
carriers and pharmacies in the submission of
information respecting outpatient prescription drugs
dispensed to Medicare beneficiaries. Such system shall
be consistent with the standards established by the
National Council of Prescription Drug Programs.
``(B) Technical assistance.--The Secretary shall
provide technical assistance in the use of the
electronic system established under subparagraph (A) to
carriers and pharmacies.
``(c) Education Regarding Appropriate Use of Prescription Drugs.--
``(1) In general.--Under the MMEDS, the Secretary (either
directly or through contract) shall provide for an educational
outreach program to educate patients, pharmacists, and other
health care providers concerning--
``(A) instances or patterns of unnecessary or
inappropriate prescribing or dispensing practices for
outpatient prescription drugs,
``(B) instances or patterns of substandard care
with respect to such drugs,
``(C) potential adverse reactions and interactions,
and
``(D) appropriate use of generic products.
``(2) Information on changes in prescribing and dispensing
practices.--Under the program described in paragraph (1), the
Secretary shall provide information (in such format as the
Secretary considers appropriate) on changes in prescribing and
dispensing practices to promote the appropriate use of
prescription drugs.
``(d) Privacy Protection.--The Secretary shall establish standards
to protect from public disclosure any information provided by or
through the MMEDS that identifies an individual and relates to the
individual's physical or mental health and the identity of any
individual (whether a patient or an individual involved in the
prescribing, dispensing, or administration of the drug) who is the
subject of such information.
``(e) Assistance for Participating Pharmacists.--
``(1) In general.--The Secretary shall provide to each
pharmacist meeting the requirements of paragraph (2)--
``(A) a distinctive emblem (suitable for display to
the public) indicating that the pharmacy participates
in the MMEDS, and
``(B) upon request, such technical assistance as
the Secretary determines may be necessary for the
pharmacist to submit information to and retrieve
information from the electronic system established
under subsection (b)(4).
``(2) Requirements described.--A pharmacist meets the
requirements of this paragraph if the pharmacist is legally
authorized under State law (or the State regulatory mechanism
provided by State law) of the State in which the drug is
received by the beneficiary to dispense outpatient prescription
drugs and meets other participation standards established by
the Secretary with respect to the following:
``(A) Maintenance of patient records.
``(B) Accuracy of information submitted under the
MMEDS.
``(C) Patient counseling.
``(D) Performance of drug use review activities
under the MMEDS.
``(f) Adoption of Medicaid Programs.--To the extent considered
appropriate by the Secretary, the MMEDS with respect to drugs furnished
in a State may include elements applicable to the furnishing of covered
outpatient drugs under the State Medicaid program under section
1927.''.
(b) Recommendations on Coordination With Programs Under Other
Plans.--Not later than October 1, 1996, the Secretary of Health and
Human Services shall submit recommendations to Congress on measures--
(1) to ensure the coordination of information collected and
disseminated under the Medicare Medication Evaluation and
Dispensing System established under section 1889 of the Social
Security Act (as added by subsection (a)) with information
provided to and collected from similar programs providing
services to Medicare beneficiaries enrolled in health care
plans (including plans of an organization described in section
1833(a)(1)(A) of such Act or an eligible organization with an
agreement in effect under section 1876 of such Act, plans
serving as primary plans section 1862(b) of such Act, and
medicare supplemental policies described in section 1882 of
such Act); and
(2) to avoid the duplication of services provided under
such System with services provided under such similar programs.
(c) Special Rules for Carriers.--
(1) Use of regional carriers.--Section 1842(b)(2) of the
Social Security Act (42 U.S.C. 1395u(b)(2)) is amended by
adding at the end the following new subparagraph:
``(E) With respect to activities related to the Medicare Medication
Evaluation and Dispensing System under section 1889, the Secretary may
enter into contracts with carriers under this section to perform the
activities on a regional basis.''.
(2) Additional functions.--Section 1842(b)(3) of such Act
(42 U.S.C. 1395u(b)(3)) is amended--
(A) by striking ``and'' at the end of subparagraph
(I); and
(B) by inserting after subparagraph (I) the
following new subparagraphs:
``(J) if it makes determinations with respect to outpatient
prescription drugs which are subject to the Medicare Medication
Evaluation and Dispensing System under section 1889, will
receive information transmitted under the electronic system
established under section 1889(b)(4);
``(K) will enter into such contracts with organizations
described in subsection (f)(3) as the Secretary determines may
be necessary to implement and operate (and for related
functions with respect to) the electronic system established
under section 1889(b)(4); and''.
(3) Payment on other than a cost basis.--Section
1842(c)(1)(A) of such Act (42 U.S.C. 1395u(c)(1)(A)) is
amended--
(A) by inserting ``(A)'' after ``(c)(1)'',
(B) in the first sentence, by inserting ``, except
as otherwise provided in subparagraph (B),'' after
``under this part, and'', and
(C) by adding at the end the following:
``(B) To the extent that a contract under this section provides for
activities related to the Medicare Medication Evaluation and Dispensing
System under section 1889, the Secretary may provide for payment for
those activities based on any method of payment determined by the
Secretary to be appropriate.''.
(4) Use of other entities.--Section 1842(f) of such Act (42
U.S.C. 1395u(f)) is amended--
(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:
``(3) with respect to activities related to the Medicare
Medication Evaluation and Dispensing System under section 1889,
any other private entity which the Secretary determines is
qualified to conduct such activities.''.
SEC. 3. RECOMMENDATIONS ON MEDICARE COVERAGE OF PHARMACIST PROFESSIONAL
SERVICES.
Not later than the expiration of the 2-year period which begins on
the date of the initial operation of the Medicare Medication Evaluation
and Dispensing System under section 1889 of the Social Security Act (as
added by section 2(a)), the Secretary of Health and Human Services
shall submit to Congress (in consultation with actively practicing
pharmacists)--
(1) an analysis of the effect on net aggregate expenditures
under the Medicare program from the establishment and operation
of such System; and
(2) such recommendations as the Secretary considers
appropriate regarding the coverage of and payment for
pharmacist professional services under part B of the medicare
program as the Secretary considers appropriate, except that the
Secretary may recommend coverage of and payment for such
services only under a methodology which does not result in an
increase in net expenditures under the program (taking into
account reductions in expenditures under the program as a
result of demonstrable reductions in the inappropriate use of
outpatient prescription drugs).
SEC. 4. DISTRIBUTION OF CONSUMER GUIDE TO OUTPATIENT PRESCRIPTION
DRUGS.
Not later than January 1, 1997, the Secretary of Health and Human
Services shall publish and disseminate a consumer guide to outpatient
prescription drugs to assist medicare beneficiaries in reducing
expenditures for outpatient prescription drugs and to assist
individuals and entities furnishing items and services to such
beneficiaries in determining the cost-effectiveness of such drugs. | Medicare Medication Evaluation and Dispensing System Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish and operate the Medicare Medication Evaluation and Dispensing System to provide for: (1) prospective and retrospective review of prescription drugs furnished to Medicare beneficiaries; (2) education of physicians, patients, and pharmacists in the appropriate use of prescription drugs; (3) the establishment of standards for counseling Medicare beneficiaries regarding the appropriate use of prescription drugs; and (4) review, information, and counseling with respect to any prescription drug furnished to a Medicare beneficiary without regard to whether or not payment may be made for the drug under Medicare. Sets forth requirements for review of prescriptions.
Requires the Secretary to report to the Congress: (1) an analysis of the effect on net aggregate Medicare expenditures from the establishment of such a System; and (2) any recommendations on Medicare coverage of pharmacist professional services.
Directs the Secretary to publish and disseminate a consumer guide to outpatient prescription drugs to assist: (1) Medicare beneficiaries in reducing expenditures for them; and (2) individuals and entities furnishing items and services to such beneficiaries in determining the cost-effectiveness of such drugs. | {"src": "billsum_train", "title": "Medicare Medication Evaluation and Dispensing System Act of 1995"} | 2,730 | 259 | 0.677418 | 1.853814 | 1.072834 | 5.106557 | 9.987705 | 0.959016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA-Insured Hospital Conversion and
Reinvestment Act of 2001''.
SEC. 2. GRANTS FOR FHA-INSURED HOSPITALS.
Section 242 of the National Housing Act (12 U.S.C. 1715z-7) is
amended by adding at the end the following:
``(i) Grants for FHA-Insured Hospitals.--
``(1) Authority and use.--To the extent that amounts for
use under this subsection are made available pursuant to
section 519(g), the Secretary may make grants to eligible FHA-
insured hospitals for use only for purposes that the Secretary
determines will reduce the risk of default and loss on
mortgages for those hospitals, which purposes shall include--
``(A) carrying out activities to convert the excess
capacity of an eligible FHA-insured hospital to
facilities that provide health care and supportive
housing for elderly persons and families, including
assisted living facilities, nursing homes, and
supportive housing for the elderly; and
``(B) assisting in paying debt service for an
eligible FHA-insured hospital, including service on
debt insured under this section.
``(2) Treatment of mortgage insurance.--
``(A) In general.--Notwithstanding any provision of
this section or of any contract for mortgage insurance
provided pursuant to this section, an eligible FHA-
insured hospital (or a portion of an eligible FHA-
insured hospital) may be converted in accordance with
paragraph (1)(A), using grant amounts under this
subsection.
``(B) Continuing coverage.--The Secretary shall
provide for the uninterrupted continuation of the
mortgage insurance coverage for a hospital that is
converted in accordance with paragraph (1)(A), for the
duration of the original term of the mortgage insurance
contract.
``(3) Definitions.--As used in this subsection:
``(A) Assisted living facility; nursing home.--The
terms `assisted living facility' and `nursing home'
have the same meanings as in section 232 (12 U.S.C.
1715w).
``(B) Elderly person.--The term `elderly person'
has the same meaning as in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q(k)).
``(C) Eligible fha-insured hospitals.--The term
`eligible FHA-insured hospital' means a hospital that--
``(i) is subject to a mortgage that is
insured under this section;
``(ii) would, in the determination of the
Secretary, after consultation with the
Secretary of Health and Human Services, improve
its financial soundness as a result of the
proposed activities or costs to be funded with
grant amounts under this subsection; and
``(iii) has submitted an application to the
Secretary for a grant under this subsection, in
accordance with such requirements as the
Secretary shall establish.
``(D) Supportive housing for the elderly.--The term
`supportive housing for the elderly' has the same
meaning as in section 202(k) of the Housing Act of 1959
(12 U.S.C. 1701q(k)).
``(4) Funding.--In addition to any amounts made available
under section 519(g), there are authorized to be appropriated
for grants under this subsection, such sums as may be necessary
for each of fiscal years 2002 through 2006.''.
SEC. 3. FUNDING OF GRANTS FROM SURPLUS AMOUNTS IN FHA INSURANCE FUNDS.
(a) General Insurance Fund Surplus.--Section 519 of the National
Housing Act (12 U.S.C. 1735c) is amended by adding at the end the
following:
``(g) Availability of Surplus Amounts for Grants for FHA-Insured
Hospitals.--
``(1) In general.--The amount of any negative credit
subsidy that is determined for any fiscal year for purposes of
title V of the Congressional Budget Act of 1974 (2 U.S.C. 661
et seq.), and is attributable to the programs referred to in
paragraph (2) shall be considered to be new budget authority
and shall be available, without fiscal year limitation, for
grants under section 242(i).
``(2) Covered programs.--The programs referred to in this
paragraph are the programs under this Act for insurance of
mortgages and loans that are classified under budget account
number 86-0200-0-1-371 and are referred to as `FHA Full
Insurance for Health Care Facilities (plus 241/232)', `Health
Care Refinances', and `Hospitals' on page 515 of the Appendix
to the Budget of the United States Government, Fiscal Year 2001
(H. Doc. 106-162, Vol. II), in the table entitled `Summary of
Loan Levels, Subsidy Budget Authority and Outlays by
Program'.''.
SEC. 4. REGULATIONS.
Not later than 120 days after the date of enactment of this Act,
pursuant to the authority in section 211 of the National Housing Act
(12 U.S.C. 1715b), the Secretary shall issue such rules and regulations
as may be necessary to carry out the amendments made by this Act. | FHA-Insured Hospital Conversion and Reinvestment Act of 2001 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to make grants to eligible FHA-insured hospitals for use only for purposes that the Secretary determines will reduce the risk of default and loss on mortgages for those hospitals. Includes among such purposes: (1) carrying out activities to convert the excess capacity of an eligible FHA-insured hospital to facilities that provide health care and supportive housing for elderly persons and families, including assisted living facilities, nursing homes, and supportive housing for the elderly; and (2) assisting in paying debt service for an eligible FHA-insured hospital, including service on debt insured under this Act.Authorizes such hospital conversions, and requires the Secretary to provide for uninterrupted continuation of a converted hospital's mortgage insurance coverage for the duration of the original term of the mortgage insurance contract.Makes available to fund conversion grants any negative credit subsidies (surplus amounts) attributable to FHA programs for full insurance for health care facilities. | {"src": "billsum_train", "title": "A bill to provide grants for FHA-insured hospitals."} | 1,201 | 226 | 0.699008 | 2.002702 | 0.810222 | 5.081218 | 5.19797 | 0.939086 |
SECTION 1. SHORT TITLE.
This Act may be known as the ``National Firearms Exchange Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Nation is afflicted with an enormous problem
relating to crimes of violence;
(2) there are more than 200,000,000 firearms on the
Nation's streets;
(3) such firearms are the cause of numerous deaths and
injuries to the Nation's citizens; and
(4) it is essential that the Nation act to rid itself of
such firearms and protect the safety of its citizens.
(b) Purpose.--The purpose of this Act is--
(1) to authorize the Director of the Bureau of Justice
Assistance to approve local programs that exchange merchandise
vouchers for firearms;
(2) to authorize the Director to make grants to the
programs;
(3) to provide amnesty from certain Federal statutes
concerning firearms for individuals who surrender, or are in
the process of surrendering, firearms under the programs; and
(4) to allow a tax deduction for taxpayers who donate
merchandise vouchers for use in the programs.
TITLE I--PROGRAMS TO EXCHANGE VOUCHERS FOR FIREARMS
SEC. 101. APPROVAL AND FUNDING OF PROGRAMS TO EXCHANGE VOUCHERS FOR
FIREARMS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
``PART Q--PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR FIREARMS
``SEC. 1701. APPROVAL OF PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR
FIREARMS.
``(a) In General.--The Director of the Bureau of Justice Assistance
shall establish procedures under which any unit of local government may
apply for approval, under this section, of a program to exchange
merchandise vouchers for firearms. The Director shall establish
criteria and procedures to determine whether any such program should be
approved under this part.
``(b) Factors To Be Considered.--In determining whether or not to
approve a program under this section, the Director shall consider--
``(1) the characteristics of the unit of local government
in which the program will be located;
``(2) the kinds of firearms included in the program;
``(3) the manner in which the program will dispose of
firearms that are surrendered;
``(4) whether the program will accept firearms from
residents of other States and units of local government;
``(5) whether and to what extent the program will protect
the anonymity of individuals who surrender firearms to the
program;
``(6) whether and to what extent the State in which the
program is located will provide that any individual who
surrenders, or is in the process of surrendering, a firearm to
the program will not be prosecuted under State law--
``(A) for possession, transportation, storage, or
concealment of the firearm (occurring before or after
the date of the enactment of this part);
``(B) for transfer, delivery, shipment, or
surrender of the firearm to the program;
``(C) for surrender of the firearm to the program
in exchange for a voucher; or
``(D) for making the firearm or for obliterating,
removing, changing, or altering the serial number or
other required identification of the firearm;
``(7) the manner in which the program will recruit
participation by individuals and businesses; and
``(8) any other factor that the Director considers
appropriate.
``(c) Disposal of Firearms.--
``(1) Destruction of firearms.--The Director may not
approve under this section any program that does not provide
that all firearms surrendered to the program will be destroyed.
``(2) Use of firearms for evidentiary and investigative
purposes.--Paragraph (1) shall not be interpreted to require
the destruction of a firearm that is surrendered to an approved
program and is needed for investigatory or evidentiary
purposes, until the firearm is no longer needed for such
purposes.
``(d) Timing of Approval Process and Duration of Approval Status.--
``(1) Timing of approval process.--The Director shall
approve or disapprove each program for which an application is
submitted under subsection (a) within 60 days after the
application is submitted.
``(2) Duration of approval status.--A program shall be
considered approved for the 2-year period beginning on the date
that the program is approved under this section, and may
reapply for approval for subsequent 2-year periods.
``(e) Effort to Secure State Amnesty Regarding Approved Programs.--
The Director shall make every effort possible to secure from State
governments, for individuals who surrender or are in the process of
surrendering a firearm to a program approved under this section,
provisions of amnesty that are similar to the amnesty described in
section 925(h) of title 18, United States Code, regarding State
offenses that are the same as or substantially similar to the Federal
offenses for which amnesty is provided in such section.
``SEC. 1702. GRANTS TO APPROVED PROGRAMS.
``(a) Grant Authorization.--The Director may make grants to
programs that are approved under section 1701.
``(b) Applications, Criteria, and Allocation.--The Director shall
establish procedures under which a unit of local government whose
program is approved under section 1701 may apply for a grant for the
program. The Director shall establish procedures and criteria to
determine whether any such program should receive such a grant.
``SEC. 1703. ANNUAL REPORT TO CONGRESS.
``(a) In General.--As part of the annual report required by section
810, the Director shall submit to the Congress an assessment of the
effectiveness of this part and of approved programs. The Director's
assessment may include recommendations that the Director finds
appropriate.
``(b) Criteria Regarding Effectiveness.--In order to complete the
assessment required by subsection (a), the Director shall establish
criteria for evaluating the effectiveness of this part and of approved
programs.
``(c) Evaluation of Factors.--The assessment required by subsection
(a) also shall include--
``(1) a statement showing the manner in which the Director
used the factors referred to in section 1701(b) in deciding
whether to approve and fund programs under this part; and
``(2) for each of the factors referred to in section
1701(b), a statement of the manner in which the program
characteristics included in the factor predict a program's
effectiveness.
``(d) Recommendation Regarding This Part.--In the annual report,
referred to in section (a), that is submitted to the Congress 2 years
after the date of the enactment of this Act, the Director shall make a
recommendation regarding whether approval and funding of programs under
this part should continue.
``SEC. 1704. DEFINITIONS.
``For purposes of this part:
``(1) The term `approved program' means a program approved
by the Director under section 1701.
``(2) The term `Director' means the Director of the Bureau
of Justice Assistance.
``(3) The term `firearm' has the meaning given such term in
section 921(a)(3)(A) of title 18, United States Code.
``(4) The term `program' means a program of a unit of local
government to exchange merchandise vouchers for firearms.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by adding at the end the following new paragraph:
``(11) There are authorized to be appropriated such sums as may be
necessary to carry out part Q.''.
(c) Additional Amendments.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) in section 801(b), by striking ``and O'' and inserting
``O, and Q'';
(2) in the first sentence of section 802(b), by striking
``or O'' and inserting ``O, or Q''; and
(3) in section 1001(a)(3), by striking ``and O'' and
inserting ``O, and Q''.
(d) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
prec.) is amended by striking the items relating to part Q and
inserting the following new items:
``Part Q--Programs To Exchange Merchandise Vouchers For Firearms
``Sec. 1701. Approval of programs to exchange merchandise vouchers for
firearms.
``Sec. 1702. Grants to approved programs.
``Sec. 1703. Annual report to Congress.
``Sec. 1704. Definitions.
``Part R--Transition--Effective Date--Repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
SEC. 102. AMNESTY FOR INDIVIDUALS SURRENDERING FIREARMS.
(a) In General.--Section 925 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1)(A) If an individual surrenders, or is in the process of
surrendering, a firearm to a program approved under section 1701 of the
Omnibus Crime Control and Safe Streets Act of 1968, section 922 of this
title (except section 922(q)(1)(A)), and section 5861 of the National
Firearms Act, shall not apply to the individual's--
``(i) possession, transportation, storage, or concealment
of the firearm (whether before or after the date of the
enactment of this subsection);
``(ii) transfer, delivery, shipment, or surrender of the
firearm to such a program;
``(iii) surrender of the firearm to such a program in
exchange for a voucher; or
``(iv) making of the firearm in violation of the National
Firearms Act, or obliteration, removal, change, or alteration
of the serial number of the firearm (or other identification of
the firearm) required by the National Firearms Act.
``(B) Subparagraph (A) shall not apply to an individual's conduct
regarding a firearm if, at the time that the individual surrenders, or
is in the process of surrendering, the firearm to a program approved
under section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968--
``(i) the individual is the subject of a complaint made, an
indictment or information filed, an arrest made, or a summons
issued, to begin a prosecution, for a violation of a provision
referred to in subparagraph (A), regarding the firearm; or
``(ii) the individual knows that the individual is the
subject of a criminal investigation concerning the individual's
violation of a provision referred to in subparagraph (A) with
regard to the firearm.
``(2)(A) Possession of a firearm in a school zone in order to
surrender the firearm to a program, approved under section 1701 of the
Omnibus Crime Control and Safe Streets Act of 1968, that is located in
the school zone shall not be a violation of section 922(q)(1)(A) of
this title.
``(B) Bringing a firearm to a Federal facility, or possessing a
firearm in a Federal facility, in order to surrender the firearm to a
program, approved under section 1701 of the Omnibus Crime Control and
Safe Streets Act of 1968, that is located in the Federal facility shall
not be a violation of section 930(a) of this title.''.
(b) Cross Reference.--The National Firearms Act (26 U.S.C. 5801 et
seq.) is amended by inserting after section 5861 the following new
section:
``SEC. 5862. CROSS REFERENCE.
``For applicability of section 5861 to
individuals surrendering firearms to programs approved under section
1701 of the Omnibus Crime Control and Safe Streets Act of 1968, see
section 925(h)(1) of title 18, United States Code.''.
TITLE II--TAX DEDUCTION FOR TAXPAYERS WHO DONATE MERCHANDISE VOUCHERS
SEC. 201. CHARITABLE DEDUCTION MODIFIED TO ALLOW DEDUCTION FOR FAIR
MARKET VALUE OF CERTAIN CONTRIBUTIONS IN CONNECTION WITH
GUN EXCHANGE PROGRAMS.
(a) General Rule.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end
thereof the following new paragraph:
``(6) Deduction allowed for full market value of certain
contributions in connection with gun exchange programs.--
``(A) In general.--The deduction under subsection
(a) for any qualified gun exchange program contribution
shall be an amount equal to its fair market value, and
no reduction under paragraph (1)(A) shall be made in
the amount of such contribution.
``(B) Qualified gun exchange program
contribution.--For purposes of this paragraph, the term
`qualified gun exchange program contribution' means any
charitable contribution of property described in
paragraph (1) of section 1221 or of a voucher which may
be used to acquire property so described if--
``(i) the property (or voucher) is to be
transferred by the donee to individuals
surrendering firearms in a gun exchange program
which is determined by the Director of the
Bureau of Justice Assistance to be approved
under section 1701 of the Omnibus Crime Control
and Safe Streets Act of 1968, and
``(ii) the taxpayer received from the donee
a written statement that the property (or
voucher) was transferred as provided in clause
(i).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contributions made after the date of the enactment of this
Act. | TABLE OF CONTENTS:
Title I: Programs to Exchange Vouchers for Firearms
Title II: Tax Deduction for Taxpayers Who Donate
Merchandise Vouchers
National Firearms Exchange Act -
Title I: Programs to Exchange Vouchers for Firearms
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance to establish procedures under which any unit of local government may apply for approval of a program to exchange merchandise vouchers for firearms. Requires the Director to establish criteria and procedures to determine whether any such program should be approved under this title.
Prohibits the Director from approving any program that does not provide that all firearms surrendered to the program will be destroyed, but does not require the destruction of a firearm until it is no longer needed for investigatory or evidentiary purposes.
Sets forth provisions regarding the timing of the approval process and the duration of approval status.
Requires the Director to make every effort to secure from State governments amnesty for certain offenses for persons surrendering firearms.
Authorizes the Director to make grants to approved programs. Requires the Director to establish grant application and award procedures for local governments whose programs are approved.
Requires the Director to submit to the Congress an assessment of the effectiveness of this title regarding programs to exchange merchandise vouchers for firearms and of approved programs and to establish criteria for evaluating such effectiveness.
Authorizes appropriations.
Amends the Federal criminal code to grant amnesty to an individual surrendering, or in the process of surrendering, a firearm to an approved program (thus making specified provisions of the Omnibus Act and the National Firearms Act inapplicable with respect to such individual), with exceptions.
Title II: Tax Deduction for Taxpayers Who Donate Merchandise Vouchers
- Amends the Internal Revenue Code to allow a deduction for the fair market value of certain contributions of property or vouchers to be transferred to individuals surrendering firearms under a qualified gun exchange program. | {"src": "billsum_train", "title": "National Firearms Exchange Act"} | 3,319 | 469 | 0.682129 | 2.248234 | 0.816191 | 3.890957 | 7.651596 | 0.912234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Research and
Manufacturers Accountability Act of 2005'' or the ``PhRMA Act of
2005''.
SEC. 2. CONCEALMENT OF SERIOUS ADVERSE DRUG EXPERIENCE.
(a) Penalty for Knowing Concealment of Serious Adverse Drug
Experience.--Section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 333) is amended by adding at the end the following:
``(h) An individual who violates a provision of section 301 shall
be imprisoned for a term of a minimum of 20 years and a maximum of
life, fined not more than $2,000,000, or both, if--
``(1) the individual is employed as the chief executive
officer or a member of the senior executive management group of
the manufacturer of a drug; and
``(2) the violation involves, with respect to such drug,
knowing concealment by the individual of evidence of a serious
adverse drug experience (as that term is defined in section
505(o)).''.
(b) Annual Attestation by CEO Regarding Any Serious Adverse Drug
Experience.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) is amended--
(1) in section 505 (21 U.S.C. 355), by adding at the end
the following:
``(o) Annual Attestation by CEO Regarding Any Serious Adverse Drug
Experience.--
``(1) Requirement.--For each drug for which an approval of
an application filed under subsection (b) or (j) is in effect,
the Secretary shall require the chief executive officer of the
manufacturer of the drug to submit a separate, written
attestation on an annual basis--
``(A) stating that the manufacturer has disclosed
to the Secretary all evidence of any serious adverse
drug experience related to the drug; and
``(B) describing the process by which the
manufacturer ensures that such disclosure has occurred.
``(2) Definitions.--For purposes of this subsection:
``(A) The term `evidence of any serious adverse
drug experience' includes any evidence of a serious
adverse drug experience that--
``(i) is obtained by the manufacturer
involved from any source of information,
foreign or domestic, including any information
obtained from a clinical trial conducted before
or after approval of the drug, from
postmarketing surveillance of the drug, or from
a postmarketing report by a physician; or
``(ii) is required by any provision of this
Act to be reported by the manufacturer to the
Secretary.
``(B) The term `serious adverse drug experience'
means an adverse drug experience occurring at any dose
that results in--
``(i) death, a life-threatening adverse
drug experience, inpatient hospitalization,
prolongation of existing hospitalization, a
persistent or significant disability or
incapacity, or a congenital anomaly or birth
defect; or
``(ii) a medical event that, based on
appropriate medical judgment, may jeopardize
the patient or subject and may require medical
or surgical intervention to prevent one of the
outcomes listed in clause (i).
``(3) Initial attestation.--The Secretary shall require
that the first attestation under this subsection for a drug be
submitted--
``(A) in the case of a drug for which approval of
an application filed under subsection (b) or (j) is in
effect on the date of the enactment of this subsection,
not later than 1 year after such date; and
``(B) in the case of any other drug, not later than
1 year after the the date of such approval for the
drug.
``(4) Failure to submit.--If the chief executive officer of
a manufacturer of a drug for which an approval of an
application filed under subsection (b) or (j) is in effect
fails to submit a timely attestation for the drug as required
by paragraph (1), the Secretary--
``(A) may issue an order withdrawing approval of
the application; and
``(B) shall not revoke such an order, or otherwise
approve or reinstate the application, unless--
``(i) the Secretary conducts a review of
the drug's safety;
``(ii) the Secretary determines that the
drug is safe for use; and
``(iii) the manufacturer reimburses the
Secretary for the costs of such review and
determination.
``(5) Supplemental information.--In conducting a review
under paragraph (4)(B)(i), the Secretary may require the
manufacturer of the drug involved to submit supplemental
information on the drug's safety.'';
(2) in section 301 (21 U.S.C. 331), by inserting at the end
the following:
``(hh) The failure to submit an attestation in accordance with
section 505(o).''; and
(3) in section 303 (21 U.S.C. 333), as amended by
subsection (a), by adding at the end the following:
``(i)(1) A person who violates section 301(hh) by failing to submit
an attestation in accordance with section 505(o) shall be fined--
``(A) in the case of an individual, in accordance with
title 18, United States Code; and
``(B) in the case of any other person, not more than
$1,000,000.
``(2) Each 30-day period during which such violation continues
shall constitute a separate offense.''.
(c) Deadline for Postmarketing Studies.--
(1) In general.--The Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) is amended--
(A) in section 505 (21 U.S.C. 355), as amended by
subsection (b)(1), by adding at the end the following:
``(p) Deadline for Postmarketing Studies of Drugs.--
``(1) Requirement.--If the Secretary requires the
manufacturer or sponsor of a drug to conduct a postmaketing
study of the drug, the Secretary shall require the manufacturer
or sponsor to complete the study by a specified deadline.
``(2) Extension.--On request, the Secretary may extend a
deadline established under this subsection.'';
(B) in section 301 (21 U.S.C. 331), as amended by
subsection (b)(2), by inserting at the end the
following:
``(ii) The failure to complete a postmarketing study by the
deadline established by the Secretary for such study under section
505(p).''; and
(C) in section 303 (21 U.S.C. 333), as amended by
subsections (a) and (b)(3), by adding at the end the
following:
``(j) A person who violates section 301(ii) by failing to complete
a postmarketing study for a drug by the deadline established by the
Secretary for such study under section 505(p) shall be fined not more
than $5,000,000. Each 30-day period during which such violation
continues shall constitute a separate offense.''.
(2) Application.--The amendments made by this subsection
apply only with respect to a drug for which an application is
filed under subsection (b) or (j) of section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 33) on or after the
date of the enactment of this Act.
(d) Prohibition Against Indemnification.--No person shall indemnify
the chief executive officer of a drug manufacturer or any other
individual for any fine incurred under the amendments made by this Act. | Pharmaceutical Research and Manufacturers Accountability Act of 2005 or the PhRMA Act of 2005 - Sets forth penalties for violations of acts prohibited under the Federal Food, Drug, and Cosmetic Act by an individual employed as the chief executive officer or as a member of the senior executive management group of the manufacturer of a drug, where the violation involves knowing concealment of evidence of a serious adverse drug experience.
Requires the Secretary of Health and Human Services to require the chief executive officer of the manufacturer of a Food and Drug Administration (FDA)-approved drug to annually: (1) attest that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and (2) describe the process by which the manufacturer ensures that such disclosure has occurred. Allows the Secretary to withdraw an approval for such a drug for failure to provide such an attestation. Prohibits a chief executive officer of a manufacturer of such a drug from failing to provide such an attestation.
Requires the Secretary to direct a manufacturer or sponsor of a drug to complete any required postmarketing study of that drug by a specified deadline. Allows the Secretary to extend such a deadline. Sets forth penalties for failing to meet such a deadline. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide enhanced criminal penalties for certain violations of the Act involving knowing concealment of evidence of a serious adverse drug experience, and for other purposes."} | 1,745 | 271 | 0.685326 | 2.196408 | 0.840682 | 3.618026 | 6.665236 | 0.888412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Solid Waste
Importation and Management Act of 2007''.
SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
``(a) State Authority To Address Importation and Management of
Municipal Solid Waste.--
``(1) In general.--Until the date on which all final
regulations issued by the Administrator to implement and
enforce the Agreement (including notice and consent provisions
of the Agreement) become effective, a State may enact a law or
laws or issue regulations or orders imposing limitations on the
receipt and disposal of foreign municipal solid waste within
the State. Laws, regulations, and orders enacted or issued
before that date may continue in effect according to their
terms after that date.
``(2) Effect on interstate and foreign commerce.--No State
action taken as authorized by this section shall be considered
to impose an undue burden on interstate and foreign commerce or
to otherwise impair, restrain, or discriminate against
interstate and foreign commerce.
``(3) Trade and treaty obligations.--Nothing in this
section affects, replaces, or amends prior law relating to the
need for consistency with international trade obligations.
``(b) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) implement and enforce the notice and consent
and other provisions of the Agreement.
``(2) Regulations.--Not later than 24 months after the date
of enactment of this section, the Administrator shall issue
final regulations with respect to the Administrator's
responsibilities under paragraph (1).
``(3) Consent to importation.--In considering whether to
consent to the importation under article 3(c) of the Agreement,
the Administrator shall--
``(A) give substantial weight to the views of the
State or States into which the municipal solid waste is
to be imported, and consider the views of the local
government with jurisdiction over the location where
the waste is to be disposed;
``(B) consider the impact of the importation on--
``(i) continued public support for and
adherence to State and local recycling
programs;
``(ii) landfill capacity as provided in
comprehensive waste management plans;
``(iii) air emissions from increased
vehicular traffic; and
``(iv) road deterioration from increased
vehicular traffic; and
``(C) consider the impact of the importation on
homeland security, public health, and the environment.
``(4) Actions in violation of the agreement.--No person
shall import, transport, or export municipal solid waste for
final disposal or for incineration in violation of the
Agreement.
``(c) Compliance Orders.--(1) Whenever on the basis of any
information the Administrator determines that any person has violated
or is in violation of this section, the Administrator may issue an
order assessing a civil penalty for any past or current violation,
requiring compliance immediately or within a specified time period, or
both, or the Administrator may commence a civil action in the United
States district court in the district in which the violation occurred
for appropriate relief, including a temporary or permanent injunction.
``(2) Any order issued pursuant to this subsection shall state with
reasonable specificity the nature of the violation. Any penalty
assessed in the order shall not exceed $25,000 per day of noncompliance
for each violation. In assessing such a penalty, the Administrator
shall take into account the seriousness of the violation and any good
faith efforts to comply with applicable requirements.
``(d) Public Hearing.--Any order issued under this section shall
become final unless, not later than 30 days after the order is served,
the person or persons named therein request a public hearing. Upon such
request, the Administrator shall promptly conduct a public hearing. In
connection with any proceeding under this section, the Administrator
may issue subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents, and may
promulgate rules for discovery procedures.
``(e) Violation of Compliance Orders.--If a violator fails to take
corrective action within the time specified in a compliance order, the
Administrator may assess a civil penalty of not more than $25,000 for
each day of continued noncompliance with the order.
``(f) Definitions.--For purposes of this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States
and Canada, signed at Ottawa on October 28, 1986 (TIAS
11099) and amended on November 25, 1992; and
``(B) any regulations promulgated and orders issued
to implement and enforce that Agreement.
``(2) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(3) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food
and yard waste, paper, clothing, appliances,
consumer product packaging, disposable diapers,
office supplies, cosmetics, glass and metal
food containers, and household hazardous waste.
Such term shall include debris resulting from
construction, remodeling, repair, or demolition
of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant.
``(ix) Combustion ash generated by resource
recovery facilities or municipal incinerators,
or waste from manufacturing or processing
(including pollution control) operations not
essentially the same as waste normally
generated by households.
``(x) Solid waste generated incident to the
provision of service in interstate, intrastate,
foreign, or overseas air transportation.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding
after the item relating to section 4010 the following new item:
``Sec. 4011. International transportation and disposal of municipal
solid waste.''.
Passed the House of Representatives April 24, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | International Solid Waste Importation and Management Act of 2007 - (Sec. 2) Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce.
Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States.
Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment.
Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement.
Authorizes the Administrator to assess civil penalties of up to $25,000 per day for violations of this Act or to commence a civil action in U.S. district court. Provides for a public hearing to review any noncompliance order issued by the Administrator.
Defines "municipal solid waste" to mean all waste materials discarded for disposal by: (1) households, including hotels; and (2) commercial, institutional, municipal, and industrial sources to the extent such materials are essentially the same as household waste and were collected and disposed of with other municipal solid waste. Excludes from the term: (1) hazardous waste; (2) any solid waste resulting from a response action under the Comprehensive Environmental Response, Compensations, and Liability Act; (3) recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal; (4) scrap rubber to be used as a fuel source; (5) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (6) any solid waste that is generated by an industrial facility and transported for treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, located on property owned by the generator or an affiliated company, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and state land use and applicable zoning regulations; (7) any medical waste that is segregated from or not mixed with solid waste; (8) sewage sludge and residuals from any sewage treatment plant; (9) combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households; and (10) solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste and implement the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, and for other purposes."} | 2,096 | 743 | 0.684637 | 2.176932 | 0.70738 | 4.379971 | 2.87187 | 0.939617 |
SECTION 1. IMPROVEMENT OF FEDERAL RECOVERY COORDINATOR PROGRAM.
(a) Provision of Collaborative Recovery Coordinator Training.--The
Secretary of Veterans Affairs shall provide collaborative recovery
coordinator training at a qualified nursing or medical school selected
by the Secretary (hereinafter in this section referred to as the
``qualified nursing or medical school''), to lead systematic evidence
review of care coordination and consensus conference to build the model
on evidence-based guidelines.
(b) Literature Review; Consensus Conference.--
(1) In general.--The qualified nursing or medical school is
hereby designated to lead literature review and development of
evidence-based guidelines for recovery coordination,
development of training modules for care coordination and
software that is compatible with Department of Veterans Affairs
systems for recovery coordination. The qualified nursing or
medical school is hereby designated to lead a consensus
conference on evidence-based care coordination.
(2) Authorization of appropriations.--There is authorized
to be appropriated $1,200,000 to carry out this subsection.
(c) Care Coordination Software Development.--
(1) In general.--The Secretary of Veterans Affairs shall--
(A) enter into a subcontract with an appropriate
entity for the development of care coordination
software;
(B) carry out a conference for recovery coordinator
tool validation; and
(C) carry out a software pilot program.
(2) Authorization of appropriations.--There is authorized
to be appropriated $1,200,000 to carry out this subsection.
(d) Recovery Coordinator Training.--
(1) In general.--The qualified nursing or medical school is
authorized to train 45 recovery coordinators.
(2) Authorization of appropriations.--For each of fiscal
years 2016, 2017, and 2018, there is authorized to be
appropriated $500,000 for training authorized under this
subsection.
SEC. 2. JOINT OPERATION OF FEDERAL RECOVERY COORDINATION PROGRAM.
(a) Federal Recovery Coordination Program.--In carrying out the
Federal Recovery Coordination Program (in this section referred to as
the ``Program''), the Secretary of Defense and the Secretary of
Veterans Affairs shall ensure that--
(1) the program is operated jointly by the Secretaries;
(2) the administration of the Program is not delegated to
an individual outside the respective office of each Secretary;
(3) the program assists--
(A) members of the Armed Forces with severe or
catastrophic injuries or illnesses who are unlikely to
return to active duty and will most likely be medically
separated under chapter 61 of title 10, United States
Code; and
(B) members of the Armed Forces and veterans whose
individual circumstances (including illness, injury,
mental health, family situation, and unique benefit
needs) are determined by the Secretary concerned to
cause difficulties to the member or veteran in
transitioning to civilian life;
(4) in referring members and veterans described in
paragraph (3) to the Program, the Secretary of each military
department and the Secretary of Veterans Affairs makes such
referrals at the earliest time feasible, including by the date
that is 180 days before the last day of the month in which a
member is expected to be retired or separated from the Armed
Forces; and
(5) each department and agency of the Federal Government,
including the Department of Defense and the Department of
Veterans Affairs, provides a Federal Recovery Coordinator of
the Program with the information, coordination, and cooperation
necessary for the Coordinator to assist members and veterans
participating in the Program, including the maximum amount of
information, coordination, and cooperation available to allow
the Coordinator to--
(A) ensure the efficient recovery, transition, and
reintegration of such members and veterans;
(B) act as a liaison between such members and
veterans and the team of care providers and other
personnel involved with the recovery, transition, and
reintegration of the member or veteran, regardless of
whether such team is under the Secretary of Defense or
the Secretary of Veterans Affairs; and
(C) work closely with case and care-management
programs that assist such members and veterans.
(b) Plan and Memorandum of Understanding.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
and the Secretary of Veterans Affairs shall--
(1) jointly develop a plan to carry out subsection (a);
(2) enter into a memorandum of understanding to jointly
carry out the plan beginning 90 days after the date on which
the memorandum is entered into; and
(3) jointly submit to the appropriate congressional
committees such plan and memorandum.
(c) Report.--Not later than 180 days after the date on which the
memorandum of understanding under paragraph (2) of subsection (b) goes
into effect, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate congressional
committees a report describing and evaluating the implementation of
such memorandum and plan under paragraph (1) of such subsection.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the House of
Representatives and Senate.
(2) The Committees on Veterans' Affairs of the House of
Representatives and Senate. | Requires the Department of Veterans Affairs (VA) to provide collaborative recovery coordinator training at a qualified nursing or medical school selected by the VA, to lead the systematic evidence review of care coordination and a consensus conference to build the model on evidence-based guidelines. Designates such school to lead: (1) the literature review and development of evidence-based guidelines for recovery coordination, training modules for care coordination, and software that is compatible with VA systems for recovery coordination; and (2) a consensus conference on evidence-based care coordination. Directs the VA to: (1) subcontract with an appropriate entity for the development of care coordination software, (2) carry out a conference for recovery coordinator tool validation, and (3) carry out a software pilot program. Authorizes the qualified nursing or medical school to train 45 recovery coordinators. Directs the VA and the Department of Defense (DOD), in carrying out the Federal Recovery Coordination Program, to jointly develop, and enter a memorandum to carry out, a plan to ensure that: the Program is operated jointly by the Secretaries; the administration of the Program is not delegated to an individual outside the respective office of each Secretary; the Program assists members of the Armed Forces with severe or catastrophic injuries or illnesses who are unlikely to return to active duty and who will most likely be medically separated and members and veterans whose individual circumstances (including illness, injury, mental health, family situation, and unique benefit needs) cause difficulties in transitioning to civilian life; the VA Secretary and the Secretaries of the military departments refer members and veterans to the Program at the earliest possible time; and each federal agency provides a Federal Recovery Coordinator of the Program with the information, coordination, and cooperation necessary for the Coordinator to assist participating members and veterans. | {"src": "billsum_train", "title": "To direct the Secretary of Defense and the Secretary of Veterans Affairs to jointly operate the Federal Recovery Coordination Program, and for other purposes."} | 1,107 | 370 | 0.761531 | 2.52638 | 1.072196 | 4.877841 | 2.985795 | 0.940341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenai Natives Association Equity Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the United States Fish and Wildlife Service and Kenai
Natives Association, Inc. (KNA), have agreed to an exchange and
acquisition program pursuant to Public Law 102-458, of lands
and interests in lands in and near the Kenai National Wildlife
Refuge (Refuge);
(2) this acquisition of and exchange of lands will
significantly enhance the ability of the Service to conserve
fish and wildlife populations and habitats, fulfill migratory
bird treaties, ensure water quality and quantity, provide
opportunities for environmental research and education, improve
access to fish and wildlife oriented recreation, and further
enhance the Refuge management objectives;
(3) the amount to be paid for the Swanson River Road West
Tract, the sole issue upon which the Service and KNA could not
agree, is established by Congress at $7,500,000; and
(4) it is in the public interest to complete this exchange,
and to provide for the economic and beneficial use of lands
conveyed to KNA in fulfillment of the purpose of the Alaska
Native Claims Settlement Act of 1971, as amended (43 U.S.C.
1601 et seq.) (Settlement Act).
(b) Purpose.--The purpose of this Act is to authorize and direct
the Secretary to complete an exchange and acquisition as provided by
Public Law 102-458 of lands owned by KNA that will provide for and
enhance the management opportunities and objectives of the Refuge, and
assist KNA in achieving economic viability and use of its retained
lands in furtherance of the Settlement Act.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term--
(1) ``ANILCA'' means the Alaska National Interest Lands
Conservation Act, as amended (16 U.S.C. 3101 et seq.);
(2) ``conservation system unit'' has the same meaning as in
ANILCA;
(3) ``KNA'' means the Kenai Natives Association, Inc., an
urban corporation incorporated in the State of Alaska pursuant
to the terms of the Settlement Act;
(4) ``lands'' means both the surface and subsurface estates
or any interest therein whenever both estates are owned by the
United States or KNA, as applicable;
(5) ``property'' has the same meaning given such term by
section 12(b)(7) of the Settlement Act;
(6) ``refuge'' means the Kenai National Wildlife Refuge;
(7) ``Secretary'' means the Secretary of the Interior;
(8) ``Service'' means the United States Fish and Wildlife
Service; and
(9) ``Settlement Act'' means the Alaska Native Claims
Settlement Act of 1971, as amended (43 U.S.C. 1601 et seq.).
SEC. 4. EXCHANGE AND ACQUISITION OF LANDS
(a) Exchange of Lands; Acquisition and Equalization Payment.--
(1) In general.--No later than June 1, 1995, the Secretary
shall offer to convey to KNA, in accordance with the provisions
of the report to Congress issued pursuant to Public Law 102-458
and subject to the provisions of paragraph (3) and valid
existing rights, approximately 1,831 acres of land, portions of
the Federal subsurface estate underlying the same, and portions
of the Federal subsurface estate underlying another 3,238
acres, all as identified in subsection (b)(2), in exchange for
approximately 14,338 acres of KNA land, and the relinquishment
by KNA of its unpatented selections and all entitlement to
selections under the Settlement Act, consisting of
approximately 1,207 acres, all located within the Refuge and
identified in subsection (b)(1). The Secretary shall develop
the offer required by this section in consultation with KNA.
(2) Limitation.--The Secretary may not convey any lands or
make any payment to KNA under this section unless title to the
lands to be conveyed by KNA in exchange for such lands and
payments is in accordance with the Department of Justice
standards for preparation of title evidence in land
acquisitions by the United States.
(3) Sources of funds.--The Secretary shall utilize any
combination of Land and Water Conservation Act of 1965 funds,
funds otherwise appropriated by the Congress, Exxon Valdez Oil
Spill settlement funds, and lands or other Federal property
within the Secretary's jurisdiction as payment to KNA to
equalize the values in the exchange.
(4) Interest.--If a bonafide offer required by this section
is not made by June 1, 1995, interest on the value of the
property and interests to be conveyed to KNA shall accrue
beginning October 1, 1993.
(b) Exchange and Acquisition Lands.--
(1) KNA lands to be acquired.--The lands or interests to be
conveyed by KNA to the United States, all situated within the
existing authorized boundary of the Refuge, and identified on
the map titled ``Kenai Natives Association, Inc. and United
States Fish and Wildlife Service Negotiated Exchange/
Acquisition Package,'' dated October 1993, on file and
available for inspection in the Office of the Secretary,
generally include, subject to reservations of existing road
easements--
(A) approximately 803 acres located along the Kenai
River, known as the Stephanka Tract;
(B) approximately 1,243 acres located along the
Moose River, known as the Moose River Patented Lands
Tract;
(C) approximately 2,120 acres located along
Marathon Road, known as the Beaver Creek Tract;
(D) approximately 10,172 acres located along the
Swanson River Road and the Sunken Island Lake Road,
known as the Swanson River Road West Tract;
(E) all of the remaining KNA selections under the
Settlement Act, consisting of approximately 1,207
acres, are hereby relinquished and all remaining
entitlement of KNA is hereby extinguished; and
(F) an easement for access to and use of less than
one acre of land, located in the NE\1/4\ NE\1/4\ of
section 24, T.6N., R.9W., Seward Meridian, within the
Swanson River Road East Tract, for so long as the site
is used by the Service as a radio communications
repeater site.
(2) Lands to be exchanged.--The lands or interests to be
conveyed by the United States to KNA, and identified (except
for the parcel identified in subparagraph (A)) on the map
titled ``Kenai Natives Association, Inc. and United States Fish
and Wildlife Service Negotiated Exchange/Acquisition package,''
dated October 1993, on file and available for inspection in the
Office of the Secretary, generally include, subject to
reservations of existing road easements--
(A) approximately five acres, located within the
city of Kenai, Alaska, identified as United States
Survey 1435, and known as the old Fish and Wildlife
Service Headquarters site;
(B) approximately 1,826 acres located along the
Swanson River Road, known as the Swanson River Road
East Tract; and
(C) the subsurface estate (less oil, coal, and gas)
to approximately 5,064 acres, including approximately
1,826 acres underlying the Swanson River Road East
Tract and approximately 3,238 adjacent acres underlying
lands previously patented to KNA which are located east
of the Swanson River Road.
(3) Acquisition authority.--The lands identified for
acquisition by the United States, specifically identified on
the maps referenced in subsection (c) as the Stephanka Tract,
the Beaver Creek Tract, and the Moose River Patented Lands
Tract, collectively referred to as the ``Kenai River Project'',
may be acquired by the United States pursuant to the Land and
Water Conservation Fund Act of 1965.
(4) National register of historic places.--Upon completion
of the exchange authorized in subsection (a), the Secretary
shall promptly undertake to nominate the Stephanka Tract to the
National Register of Historic Places, in recognition of the
archeological artifacts from the original Kenaitze Indian
settlement.
(5) Valuations.--This exchange and acquisition shall be
accomplished utilizing the valuations established in the report
to Congress issued pursuant to Public Law 102-458, with the
exception of the Swanson River Road West Tract which value is
established at $7,500,000.
(c) General Provisions.--
(1) Removal of restrictions.--(A) Those lands retained by
KNA, and those parcels within the Refuge, including designated
wilderness, conveyed to KNA pursuant to the terms of this Act,
shall be removed in their entirety from inclusion within the
boundaries of the Refuge by operation of this Act. Such removal
from the boundaries of the Refuge shall terminate any
application of Federal management and patent restrictions
applicable to lands within the Refuge for which conveyance was
made pursuant to the terms of the Settlement Act or any other
law or regulation applicable solely to Federal lands.
(B) The Secretary shall execute and file such instruments
as are necessary to convey lands and remove the restrictions
referred to in this section at the time of the conveyances
provided in subsection (a)(1).
(C) Any lands KNA shall receive from the United States
pursuant to this Act shall be deemed to have been conveyed
pursuant to the Settlement Act.
(2) Maps and legal descriptions.--The maps described in
this section and a legal description of the lands depicted on
the maps shall be on file and available for public inspection
in the appropriate offices of the United States Department of
the Interior. Not later than 120 days after the day of
enactment of this Act, the Secretary shall prepare a legal
description of the lands depicted on the maps referred to in
this section. Such maps and legal descriptions shall have the
same force and effect as if included in this Act, except that
the Secretary may correct clerical and typographical errors.
(3) Acceptance.--KNA may accept the offer made pursuant to
subsection (a) by notifying the Secretary in writing of its
decision within 120 days of receipt of the offer. In the event
the offer is rejected, the Secretary shall submit a report to
Congress describing the reasons why agreement was not reached.
(4) Final maps.--Not later than 120 days after the
conclusion of the exchange authorized by subsection (a), the
Secretary shall transmit a final report and maps accurately
depicting the lands transferred and conveyed pursuant to this
Act and the acreage and legal descriptions of such lands to the
Committee on Natural Resources and the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the Senate.
SEC. 5. ADJUSTMENTS TO NATIONAL WILDLIFE REFUGE SYSTEM.
(a) Addition to the Kenai National Wildlife Refuge.--The Secretary
shall add the lands conveyed to the United States pursuant to
subsection (a)(1) to the Refuge. The Secretary shall manage such lands
in accordance with the provisions of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd-668ee) and ANILCA.
(b) Kenai National Wildlife Refuge Boundary Adjustment.--The
boundaries of the Refuge as set forth in section 303(4)(A) of ANILCA
are hereby adjusted to include those lands generally depicted on the
map described in section 4(c)(4) entitled ``Proposed Boundary
Extension'', dated October 1993.
(c) Addition to Wilderness Area.--Upon acquisition of lands by the
United States pursuant to section 4(a)(1), that portion of the
Stephanka Tract lying south and west of the Kenai River, consisting of
approximately 592 acres and as generally depicted as ``To be included
in wilderness'' on the map referenced in section 4(b)(1), shall be
included in and managed as part of the Kenai Wilderness. Upon their
inclusion into the Kenai Wilderness, such lands shall be managed in
accordance with the applicable provisions of the Wilderness Act and
ANILCA.
(d) Removal of Conveyed Lands From Wilderness Area.--Upon
conveyance to KNA of those lands under section 4(b)(2), a portion of
which is currently designated wilderness, consisting of approximately
623.5 acres and identified as ``To be removed from wilderness'' on the
map referenced in section 4(b)(2), such lands are removed from the
Kenai Wilderness and the National Wilderness Preservation System.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
SEC. 7. LIMITATION ON APPLICATION OF REQUIREMENT FOR ACQUISITIONS BY
UNITED STATES UNDER MIGRATORY BIRD CONSERVATION ACT.
Section 7 of the Migratory Bird Conservation Act (16 U.S.C. 715f)
is amended by inserting ``in fee'' after ``conveyance''.
Passed the House of Representatives October 3, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Kenai Natives Association Equity Act of 1994 - Provides for the exchange and acquisition of specified lands in Alaska between the United States and the Kenai Natives Association, Inc.
Directs the Secretary of the Interior to nominate the Stephanka Tract to the National Register of Historic Places upon completion of such exchange.
States that certain of such lands shall be added to the Kenai National Wildlife Refuge and the Kenai Wilderness.
Authorizes appropriations. | {"src": "billsum_train", "title": "Kenai Natives Association Equity Act of 1994"} | 2,983 | 104 | 0.519209 | 1.407004 | 0.722652 | 3.3625 | 32 | 0.9125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Lighthouse Center and
Museum Act''.
SEC. 2. NATIONAL LIGHTHOUSE CENTER AND MUSEUM.
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 1519 the following new chapter:
``CHAPTER 1520--NATIONAL LIGHTHOUSE CENTER AND MUSEUM
``Sec.
``152001. Organization.
``152002. Purposes.
``152003. Operation of museum.
``152004. Membership.
``152005. Governing body.
``152006. Powers.
``152007. Restrictions.
``152008. Duty to maintain corporate and tax-exempt status.
``152009. Records and inspection.
``152010. Service of process.
``152011. Liability for acts of officers and agents.
``152012. Annual report.
``152013. Definitions.
``Sec. 152001. Organization
``(a) Federal Charter.--The National Lighthouse Center and Museum,
Inc., incorporated in New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 152002. Purposes
``The purposes of the corporation are as provided in its
certificate of incorporation and include--
``(1) broadening public appreciation and understanding of
the lighthouse heritage of the United States;
``(2) collecting, researching, and interpreting the history
and technology of lighthouses;
``(3) creating an archive and fostering research of the
history of lighthouses in the United States;
``(4) serving as a contact point for public inquiry and
assistance regarding the history of lighthouses in the United
States using state of the art communication;
``(5) celebrating the lighthouse heritage of the United
States through educational seminars, publications, films,
festivals, living history, lighthouse trails, conferences, and
other programs and materials;
``(6) supporting existing and future lighthouse museums,
organizations, and sites;
``(7) establishing relationships with other organizations
to further the purposes of the corporation under this section;
and
``(8) engaging in any other lawful act or activity
necessary to further the purposes of the corporation under this
section.
``Sec. 152003. Operation of museum
``(a) In General.--The corporation shall operate a museum to be
known as the National Lighthouse Center and Museum at the site of the
former United States Lighthouse Depot located at what is now known as
St. George, Staten Island, New York.
``(b) Storage Facility.--The corporation shall operate a storage
facility located at or near the site described in subsection (a) for
the care, conservation, and maintenance of artifacts in the collection
of the corporation.
``(c) Support to Other Museums.--The corporation shall provide
support to other museums that interpret the history of aids to
navigation in the United States.
``(d) Designation of Collection.--The collection of artifacts of
the National Lighthouse Center and Museum shall be known as the
National Lighthouse Collection.
``(e) Exclusive Right.--The corporation shall have the sole and
exclusive right to use, in carrying out its purposes, the name
`National Lighthouse Center and Museum' and the sole and exclusive
right to the use of its corporate seal, emblems, and badges as adopted
by the corporation.
``Sec. 152004. Membership
``Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws of the corporation.
``Sec. 152005. Governing body
``(a) Board of Directors.--The board of directors of the
corporation and the responsibilities of the board are as provided in
the certificate of incorporation and the bylaws of the corporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in the bylaws of the corporation.
``Sec. 152006. Powers
``The corporation has only the powers provided in its bylaws and
certificate of incorporation in the State of New York and in the
certificate of authority in any other State in which the corporation
is, or shall be, qualified to do business.
``Sec. 152007. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a director or
officer, acting as such director or officer, may not contribute to,
support, or participate in any political activity or in any manner
attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the board of directors.
``(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 152008. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its
corporate status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 152009. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote, if any.
``(b) Inspection.--Any officer or director, or any member entitled
to vote (if any), or an agent or attorney of such officer, director, or
member, may inspect the records of the corporation for any proper
purpose at any reasonable time.
``Sec. 152010. Service of process
``The corporation shall comply with the law on service of process
of the State of New York and in each State in which it carries on
activities.
``Sec. 152011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 152012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
``Sec. 152013. Definitions
``For purposes of this chapter--
``(1) the term `corporation' means the National Lighthouse
Center and Museum, Inc., incorporated in New York; and
``(2) the term `State' includes the District of Columbia
and the territories and possessions of the United States.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by inserting after the item relating to
chapter 1519 the following new item:
``1520. NATIONAL LIGHTHOUSE CENTER AND MUSEUM............... 152001''. | National Lighthouse Center and Museum Act - Amends specified Federal law to grant a Federal charter to the National Lighthouse Center and Museum, Inc. | {"src": "billsum_train", "title": "National Lighthouse Center and Museum Act"} | 1,767 | 33 | 0.567954 | 1.368177 | 0.415248 | 2.96 | 64.84 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hawaii Agriculture/Livestock
Shipping Open Market Act of 2003''.
SEC. 2. TRANSPORTATION OF CERTAIN MERCHANDISE.
(a) In General.--Section 27 of the Merchant Marine Act, 1929 (46
App. U.S.C. 883) is amended by inserting ``(a) In General.--'' before
the first sentence, and by adding at the end the following:
``(b) Noncontiguous Trade Exemption.--Subsection (a) shall not
apply with respect to transportation in Hawaiian noncontiguous trade of
merchandise that is a forest product (as that term is defined in
section 3(11) of the Shipping Act of 1984 (46 App. U.S.C. 1702(11))),
agricultural products (as that term is defined in section 101(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602(1))), or livestock (as
that term is defined in section 2(4) of the Packers and Stockyards Act,
1921 (7 U.S.C. 182(4))), on a foreign qualified freight vessel for
which the Secretary of Transportation has issued a certificate of
documentation.
``(c) Definitions.--In this section:
``(1) Foreign qualified freight vessel.--The term `foreign
qualified freight vessel' means a freight vessel (as that term
is defined in section 2101 of title 46, United States Code) of
not less than 1,000 gross tons that--
``(A) was not built in the United States (or if
rebuilt, not rebuilt in the United States);
``(B) is registered in a foreign country; and
``(C) employs United States citizens to the extent
required of vessels registered under section 12102 of
this title.
``(2) Hawaiian noncontiguous trade.--The term `Hawaiian
noncontiguous trade' means--
``(A) trade between a point in the contiguous 48
States or Alaska and a point in Hawaii; or
``(B) trade between any point in Hawaii and any
other point in Hawaii.''.
(b) Coastwise Endorsements.--12106(b) of title 46, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``to paragraph (2) and'' after
``Subject''; and
(3) by adding at the end the following:
``(2)(A) Paragraph (1) shall not apply with respect to a foreign
qualified freight vessel used for transportation referred to in section
27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)), for
which the Secretary of Transportation has issued a certificate of
documentation.
``(B) In subparagraph (A) the term `foreign qualified freight
vessel' has the meaning given that term in section 27(c) of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''.
(c) Foreign Transfer.--Section 9(c) of the Shipping Act, 1916 (46
App. U.S.C. 808) is amended by inserting ``(1)'' before the first
sentence, and by adding at the end the following:
``(2)(A) Notwithstanding paragraph (1), a foreign qualified freight
vessel for which the Secretary has issued a certificate of
documentation after the date of enactment of this Act and that is used
solely for transportation referred to in section 27(b) of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883(b)) may be placed under foreign
registry without the approval of the Secretary at any time after that
vessel is issued a certificate of documentation. At such time as that
vessel is placed under foreign registry, the Secretary shall revoke the
certificate of documentation issued by the Secretary.
``(B) In subparagraph (A) the term `foreign qualified freight
vessel' has the meaning given that term in section 27(c) of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''.
SEC. 3. CITIZENSHIP AND TRANSFER PROVISIONS.
(a) Citizenship of Corporations, Partnerships, and Associations.--
Section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802) is amended by
adding at the end the following:
``(d)(1) The following provisions of this section shall not apply
to a foreign qualified freight vessel used for transportation referred
to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C.
883(b)):
``(A) The text of subparagraph after `possession thereof'.
``(B) subsection (c).
``(2) In paragraph (1) the term `foreign qualified freight vessel'
has the meaning given that term in section 27(c) of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883(c)).''.
(b) Approval of Transfer of Registry or Operation Under Authority
of a Foreign Country or for Scrapping in a Foreign Country;
Penalties.--Section 9 of the Shipping Act, 1916 (46 U.S.C. App. 808) is
amended by adding at the end the following:
``(e)(1) In lieu of the penalty under subsection (d), a person that
commits an act described in paragraph (2) in violation of this section
is liable to the United States Government for a civil penalty of not
more than $10,000 for each violation.
``(2) The acts referred to in paragraph (1) are the following:
``(A) Charter, sell, or transfer a foreign qualified
freight vessel used for transportation referred to in section
27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)),
or interest in or control of such a vessel.
``(B) Place under foreign registry a foreign qualified
freight vessel used for transportation referred to in section
27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)),
that is documented in the United States.
``(C) Operate under the authority of a foreign country a
foreign qualified freight vessel used for transportation
referred to in section 27(b) of the Merchant Marine Act, 1920
(46 App. U.S.C. 883(b)).
``(f) To promote the transfer of foreign vessels to be documented
under chapter 121 of title 46, United States Code, for use for
transportation referred to in section 27(b) of the Merchant Marine Act,
1920 (46 App. U.S.C. 883(b)), the Secretary may grant approval under
subsection (c) with respect to such a vessel before the date the vessel
is documented.''.
``(g) In subsections (e) and (f), the term `foreign qualified
freight vessel' has the meaning given that term in section 27(c) of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''.
SEC. 4. LABOR PROVISIONS.
(a) Liability for Injury or Death of Master or Crew Member.--
Section 20(a) of the Act of March 4, 1915 (38 Stat. 1185, chapter 153;
46 U.S.C. App. 688(a)), is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by adding at the end of paragraph (1) (as designated
under paragraph (1) of this subsection) the following new
sentence: ``In an action brought under this subsection against
a defendant employer that does not reside or maintain an office
in the United States (including any territory or possession of
the United States) and that engages in any enterprise that
makes use of one or more ports in the United States (as defined
in section 2101 of title 46, United States Code), jurisdiction
shall be under the district court most proximate to the place
of the occurrence of the personal injury or death that is the
subject of the action.''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The employer of a master or member of the crew of a
vessel--
``(i) may, at the election of the employer, participate in
an authorized compensation plan under the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 901 et seq.); and
``(ii) if the employer makes an election under clause (i),
notwithstanding section 2(3)(G) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(3)(G)), shall be
subject to that Act.
``(B) If an employer makes an election, in accordance with
subparagraph (A), to participate in an authorized compensation plan
under the Longshore and Harbor Workers' Compensation Act--
``(i) a master or crew member employed by that employer
shall be considered to be an employee for the purposes of that
Act; and
``(ii) the liability of that employer under that Act to the
master or crew member, or to any person otherwise entitled to
recover damages from the employer based on the injury,
disability, or death of the master or crew member, shall be
exclusive and in lieu of all other liability.''.
(b) Minimum Requirements.--All vessels, whether documented in the
United States or not, operating in the coastwise trade of the United
States shall be subject to minimum international labor standards for
seafarers under international agreements in force for the United
States, as determined by the Secretary of Transportation on the advice
of the Secretaries of Labor and Defense.
SEC. 5. REGULATIONS REGARDING VESSELS.
(a) Applicable Minimum Requirements.--Except as provided in
subsection (b), the minimum requirements for vessels engaging in the
transportation of cargo or merchandise in the United States coastwise
trade shall be the recognized international standards in force for the
United States (as determined by the Secretary of the department in
which the Coast Guard is operating, in consultation with any other
official of the Federal Government that the Secretary determines to be
appropriate).
(b) Consistency in Application of Standards.--In any case in which
any minimum requirement for vessels referred to in subsection (a)
establishes a lower standard than a minimum that is applicable to
vessels that are documented in a foreign country and that are admitted
to engage in the transportation of cargo and merchandise in the United
States coastwise trade, the standard applicable to such vessels that
are documented in a foreign country shall be the standard to be applied
to United States documented vessels.
SEC. 6. ENVIRONMENTAL STANDARDS.
All vessels, whether documented under the laws of the United States
or not, engaging in the United States coastwise trade shall comply with
all applicable United States and international environmental standards
in force for the United States.
SEC. 7. REQUIREMENTS FOR CERTAIN NONCITIZENS IRREGULARLY ENGAGING IN
DOMESTIC COASTWISE TRADE.
(a) In General.--Each person or entity that is not a citizen of the
United States, as defined in section 2101(3a) of title 46, United
States Code, that owns or operates vessels that irregularly engage in
the United States domestic coastwise trade shall--
(1) name an agent upon whom process may be served;
(2) abide by all applicable laws of the United States,
including applicable environmental and tax laws; and
(3) post evidence of documentation and endorsements aboard
such vessel indicating the owner or owners of such vessel,
including any person controlling vessels and the number of port
calls and coastwise trips made during that calendar year.
(b) Persons Treated as Single Employer.--For purposes of paragraph
(3), all persons treated as a single employer under subsection (a) or
(b) of section 52 of the Internal Revenue Code of 1986 shall be treated
as 1 person. | Hawaii Agriculture/Livestock Shipping Open Market Act of 2003 - Amends the Merchant Marine Act, 1920, to make the requirement that all cargo shipping between U.S. ports occur exclusively on U.S. flagged vessels inapplicable with respect to transportation in Hawaii noncontiguous trade of merchandise that is a forest product, agricultural product, or livestock on a foreign qualified freight vessel for which the Secretary of Transportation has issued a certificate of documentation.
Amends the Shipping Act, 1916, to repeal certain requirements regarding: (1) the percentage of ownership of a corporation operating in coastwise trade owned by U.S. citizens; and (2) seizure and forfeiture of documented vessels.
Requires jurisdiction for an action brought for recovery for injury to or death of a seaman against a defendant employer that does not reside or maintain an office in the United States and that engages in any enterprise that makes use of one or more ports in the United States to be under the district court most proximate to the place of the occurrence of the personal injury or death that is the subject of the action. Authorizes the employer of a master or member of the crew of a vessel, at the employer's election, to participate in an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act.
Subjects all vessels operating in the U.S. coastwise trade to minimum international labor and environmental standards. Sets requirements for non-citizens irregularly engaging in the U.S. domestic coastwise trade. | {"src": "billsum_train", "title": "To amend the Merchant Marine Act, 1920, to allow transportation of certain agricultural goods and livestock in Hawaiian noncontiguous trade on foreign-flag vessels, and for other purposes."} | 2,702 | 327 | 0.598108 | 1.905841 | 0.837876 | 5.062731 | 8.889299 | 0.892989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Savings Enhancement Act of
2001''.
SEC. 2. IMPROVED ENFORCEMENT AUTHORITY.
Section 270 of the Truth in Savings Act (12 U.S.C. 4309) is amended
by adding at the end the following new subsection:
``(d) State Action for Violations.--
``(1) Authority of the states.--In addition to such other
remedies as are provided under State law, if the attorney
general of a State, or an officer authorized by the State, has
reason to believe that any depository institution has violated
or is violating this subtitle, the State may--
``(A) bring an action on behalf of the residents of
the State to enjoin such violation in any appropriate
United States district court or in any other court of
competent jurisdiction; and
``(B) bring an action on behalf of the residents of
the State to enforce compliance with this subtitle, to
obtain damages, restitution, or other compensation on
behalf of the residents of such State, or to obtain
such further and other relief as the court may deem
appropriate.
``(2) Rights of federal agencies.--
``(A) Notice.--The State shall serve prior written
notice of any action commenced under paragraph (1) with
respect to any depository institution upon the Federal
agency described in subsection (a) with respect to such
depository institution and shall provide such agency
with a copy of the complaint unless such prior notice
is not feasible, in which case the State shall serve
such notice immediately upon instituting such action.
``(B) Intervening action.--Any agency described in
subsection (a) which receives a notice from a State
under subparagraph (A) with respect to any action
described in such subparagraph shall have the right--
``(i) to move to stay the action, pending
the final disposition of a pending Federal
matter as described in paragraph (4);
``(ii) to intervene in an action under
paragraph (1);
``(iii) upon so intervening, to be heard on
all matters arising therein;
``(iv) to remove the action to the
appropriate United States district court; and
``(v) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection shall
prevent the attorney general, or officers of such State who are
authorized by such State to bring such actions, from exercising
the powers conferred on the attorney general or such officers
by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
``(4) Limitation on state action while federal action is
pending.--If any Federal agency described in subsection (a) has
instituted an enforcement action for a violation of this
subtitle, no State may, during the pendency of such action,
bring an action under this subsection against any depository
institution named in the enforcement action for any violation
of this subtitle that is alleged in that action.''.
SEC. 3. CIVIL LIABILITY PROVISIONS.
(a) Civil Liability Provision Continued in Effect.--
(1) In general.--Subsection (a) of section 2604 of Public
Law 104-208 (110 Stat. 3009--470) is amended to read as
follows:
``(a) [Repealed]''.
(2) Rule of construction.--The enactment of section 2604(a)
of Public Law 104-208, as in effect prior to the repeal of such
section by paragraph (1) of this subsection) shall not be
construed as affecting the continued application of section 271
of the Truth in Savings Act (12 U.S.C. 4310) after the end of
the 5-year period beginning on the date of the enactment of
Public Law 104-208.
(b) Adjustment of Civil Liability Amounts for Inflation.--Paragraph
(2) of section 271(a) of the Truth in Savings Act (12 U.S.C. 4310(a))
is amended--
(1) in subparagraph (A)--
(A) by striking ``$100'' and inserting ``$200'';
and
(B) by striking ``$1,000'' and inserting
``$5,000''; and
(2) in subparagraph (B)(ii), by striking ``lesser of
$500,000 or 1 percent of the net worth of the depository
institution involved'' and inserting ``the greater of--
``(I) the amount determined by
multiplying the maximum amount of
liability under subparagraph (A) for
such failure to comply in an individual
action by the number of members in the
certified class; or
``(II) the amount equal to 2
percent of the net worth of the
depository institution.''.
(c) Statute of Limitations.--Subsection (f) of section 271 of the
Truth in Savings Act (12 U.S.C. 4310(e)) is amended by striking
``within 1 year after the date of the occurrence of the violation
involved'' and inserting ``before the end of the 1-year period
beginning on the later of--
``(1) the date of the occurrence of the violation involved;
or
``(2) the date on which the customer first learned, or
reasonably should have learned, based on all the facts and
circumstances and information available to the public, of the
violation.''.
(d) Access to Court Provision.--Section 271 of the Truth in Savings
Act (12 U.S.C. 4310) is amended by adding at the end the following new
subsection:
``(j) Availability of Statutory Remedies.--
``(1) In general.--No provision of any agreement or
contract between a consumer and any depository institution,
relating to a deposit account, which requires binding
arbitration or any other nonjudicial procedure to resolve any
controversy or settle any claim arising out of such contract or
any transaction covered by the contract, or the refusal to
perform the whole or any part of the transaction, shall be
enforceable to the extent that the construction or application
of such provision with respect to such controversy, claim, or
refusal would deny the consumer the right to bring any action
under this section or any other provision of this subtitle for
any liability of the depository institution to the consumer
under this subtitle.
``(2) Rule of construction.--Paragraph (1) shall not be
construed as creating any inference that any provision of any
contract or agreement described in such paragraph could be
construed so as to deny any consumer the right to bring an
action under this subtitle absent this subsection.''.
SEC. 4. EFFECT ON STATE LAW.
Section 273 of the Truth in Savings Act (12 U.S.C. 4312) is amended
by adding at the end the following new sentence: ``The Board may not
determine that any State law is inconsistent with any provision of this
subtitle if the Board determines that the protection such State law
affords any consumer is greater than the protection provided by this
subtitle.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act to the Truth in Savings Act shall
take effect at the end of the 60-day period beginning on the date of
the enactment of this Act. | Truth in Savings Enhancement Act of 2001 - Amends the Truth in Savings Act (TSA) to authorize State authorities to bring an action in a U.S. district court for injunctive relief to enforce compliance with its disclosure requirements for interest rates and fees on depository institution accounts.Amends the Omnibus Consolidated Appropriations Act, 1997 to repeal its repeal of the civil liability provisions of the TSA (thus reinstating civil liability sanctions with respect to non-compliant depository institutions).Revises the statute of limitations for civil actions against non-compliant depository institutions to allow it to run for one year from the later of the date the violation occurred (as under current law) or the date on which the customer first learned, or reasonably should have learned, based on all facts and information available to the public, of the violation. | {"src": "billsum_train", "title": "To amend the Truth in Savings Act to enhance civil liability and other enforcement, and for other purposes."} | 1,653 | 189 | 0.494785 | 1.401073 | 0.856281 | 2.748344 | 9.986755 | 0.761589 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security KidSave Accounts
Act''.
SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS.
(a) In General.--Title II of the Social Security Act (42 U.S.C. 401
et seq.) is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following:
``Part B--KidSave Accounts
``establishment of kidsave accounts
``Sec. 251. (a) In General.--The Commissioner of Social Security,
through the Federal Retirement Thrift Investment Board, shall establish
in the name of each individual born on or after January 1, 2001, a
KidSave Account in the Thrift Savings Fund under subchapter III of
chapter 84 of title 5, United States Code, upon the later of--
``(1) the date of enactment of this part; or
``(2) the date of the issuance of a Social Security account
number under section 205(c)(2) to such individual.
``(b) Identification of Account.--The KidSave Account shall be
identified to the account holder by means of the account holder's
Social Security account number.
``treatment of kidsave accounts
``Sec. 252. (a) In General.--For purposes of this part, except as
provided in subsection (b), a KidSave Account described in subsection
(a) shall be treated in the same manner as an account in the Thrift
Savings Fund under subchapter III of chapter 84 of title 5, United
States Code.
``(b) Exceptions.--
``(1) Contribution rules.--
``(A) Loan contributions.--
``(i) In general.--In addition to any
contributions to a KidSave Account by or on
behalf of an individual described in
subparagraph (B), the Secretary of the Treasury
shall transfer $2,000 to such Account from the
Federal Old-Age and Survivors Insurance Trust
Fund on the date of the establishment of such
Account under subsection (a).
``(ii) Adjustment for inflation.--For any
calendar year after 2008, the dollar amount
under clause (i) shall be increased by the
cost-of-living adjustment determined under
section 215(i) for the calendar year.
``(B) Other contributions.--
``(i) Contribution limit.--The aggregate
amount of contributions by or on behalf of an
individual (including rollover contributions)
for any taxable year to the KidSave Account of
such individual shall not exceed $500 for such
year (determined without regard to the amount
of the contribution made pursuant to
subparagraph (A)).
``(ii) Rollover contributions.--No rollover
contribution may be made to a KidSave Account
of an individual unless it is from an eligible
retirement plan described in clause (i), (ii),
or (iii) of section 402(c)(8)(B) of the
Internal Revenue Code of 1986 of such
individual or of a parent or grandparent of
such individual.
``(iii) No contributions past the age of
18.--No contribution (including rollover
contribution) may be made to a KidSave Account
of an individual in any year after the year in
which such individual attains the age of 19.
``(iv) Direct deposits.--The Secretary of
the Treasury shall, under regulations, provide
for the direct deposit of any overpayment of
Federal tax of an individual or of a parent or
grandparent of such individual as a
contribution to the KidSave Account of such
individual.
``(2) Designations regarding kidsave account investments.--
``(A) Initial designations of investment fund.--A
person described in subsection (c) shall, on behalf of
the individual described in section 251(a), designate 1
or more investment funds (established under section
8438 of title 5, United States Code) for the KidSave
Account to which contributions by or on behalf of such
individual are to be deposited. Such designation shall
be made on the application for such individual's Social
Security account number.
``(B) Default designation.--In the absence of any
designation under subparagraph (A), the contributions
by or on behalf of an individual described in section
251(a) shall be deposited--
``(i) 60 percent in the Common Stock Index
Investment Fund established under section
8438(b)(1)(C) of title 5, United States Code;
``(ii) 20 percent in the Fixed Income
Investment Fund established under section
8438(b)(1)(B) of such title; and
``(iii) 20 percent in the Government
Securities Investment Fund established under
section 8438(b)(1)(A) of such title.
``(C) Changes in designations.--An individual who
has attained age 18 or a person described in subsection
(c) on behalf of such individual may change 1 or more
investment designations for a KidSave Account of such
individual at the same time and in the same manner as
provided under subchapter III of chapter 84 of such
title.
``(3) Distributions.--
``(A) In general.--Except as provided in
subparagraph (B), distributions may only be made from a
KidSave Account of an individual on or after the
earlier of--
``(i) the date on which the individual
begins receiving benefits under this title; or
``(ii) the date of the individual's death.
``(B) Repayment of contribution loan.--
``(i) In general.--On the date on which an
individual described in section 251(a) attains
age 30 and on such date in each succeeding
calendar year (as necessary), the Federal
Retirement Thrift Investment Board shall
transfer from the KidSave Account of such
individual to the Federal Old-Age and Survivors
Insurance Trust Fund an amount equal to the
least of the following amounts:
``(I) 20 percent of the applicable
amount.
``(II) 20 percent of the balance in
such KidSave Account.
``(III) An amount equal to the
excess of the applicable amount over
the aggregate amount deducted under
this clause in all preceding calendar
years with respect to such individual.
``(ii) Applicable amount.--With respect to
any individual described in clause (i), the
applicable amount is equal to the amount of the
loan contribution under paragraph (1)(A)
determined for the first calendar year
described in such clause for KidSave Accounts
established in such year.
``(c) Treatment of Minors and Incompetent Individuals.--
``(1) Designations.--Any designation under subsection
(b)(2) to be made by a minor, or an individual mentally
incompetent or under other legal disability, may be made by the
person who is constituted guardian or other fiduciary by the
law of the State of residence of the individual or is otherwise
legally vested with the care of the individual or his estate.
``(2) Distributions.--Payment under this part due a minor,
or an individual mentally incompetent or under other legal
disability, may be made to the person who is constituted
guardian or other fiduciary by the law of the State of
residence of the claimant or is otherwise legally vested with
the care of the claimant or his estate.
``(3) Other persons designated.--In any case in which a
guardian or other fiduciary of the individual under legal
disability has not been appointed under the law of the State of
residence of the individual, if any other person, in the
judgment of the Commissioner, is responsible for the care of
such individual, any designation under subsection (b)(2) which
may otherwise be made by such individual may be made by such
person, any payment under this part which is otherwise payable
to such individual may be made to such person, and the payment
of an annuity payment under this part to such person bars
recovery by any other person.
``treatment of thrift savings fund
``Sec. 253. For purposes of subchapter VIII of chapter 84 of title
5, United States Code, the KidSave Accounts established in the Thrift
Savings Fund under section 251 shall be separately maintained and
accounted for by the Federal Retirement Thrift Investment Board from
the accounts established under such subchapter in such Fund.''.
(b) Conforming Amendments Regarding Rollovers.--
(1) Section 402(c)(5) of the Internal Revenue Code of 1986
is amended by striking ``(i) or (ii)'' and inserting ``(i),
(ii), or (v)''.
(2) Section 402(c)(8)(B) of such Code is amended by
striking ``and'' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting ``, and'', and
by adding at the end the following new clause:
``(v) a KidSave Account established under
section 251(a) of the Social Security Act.''.
(3) Section 408(d)(3)(A)(i) of such Code is amended by
inserting ``or a KidSave Account established under section
251(a) of the Social Security Act'' after ``contract)''. | Requires the Secretary of the Treasury to transfer from the Federal Old- Age and Survivors Insurance Trust Fund to each account holder's KidSave Account: (1) $2,000, on the date such individual's KidSave Account is established; plus (2) other, including rollover, contributions, by or on behalf of the individual, the aggregate amount of which in the case of any individual below age 19 is capped at $500 for any taxable year. Provides for the treatment of distributions.
Amends the Internal Revenue Code to exclude from gross income any rollovers into a KidSave Account. | {"src": "billsum_train", "title": "Social Security KidSave Accounts Act"} | 2,091 | 128 | 0.59241 | 1.581993 | 0.559976 | 2.216216 | 16.828829 | 0.900901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ferry Transportation Enhancement
Act''.
SEC. 2. AUTHORIZATION OF FUNDING FOR CONSTRUCTION OF FERRY BOATS AND
FERRY TERMINAL FACILITIES.
(a) Funding.--Section 1064(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended
to read as follows:
``(c) Funding.--
``(1) In general.--There shall be available, out of the
Highway Trust Fund (other than the Mass Transit Account), to
the Secretary for obligation at the discretion of the Secretary
$150,000,000 for each of fiscal years 2004, 2005, 2006, 2007,
2008, and 2009. Sums made available to carry out this section
shall remain available until expended.
``(2) Allocation of funds.--The Secretary shall give
priority in the allocation of funds under this section to those
ferry systems, and public entities responsible for developing
facilities for ferries, that carry the greatest number of
passengers and vehicles, carry the greatest number of
passengers in passenger-only service, or provide critical
access to areas that are not well-served by other modes of
surface transportation.''.
SEC. 3. ELIGIBILITY OF FERRY MAINTENANCE FACILITIES FOR FEDERAL
FUNDING.
(a) Maintenance Facilities.--Section 129(c) of title 23, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``and maintenance'' after ``terminal''; and
(2) in paragraph (3), by inserting ``and maintenance''
after ``terminal'' each place it appears.
(b) Conforming Amendments.--Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended
by inserting ``and maintenance'' after ``terminal'' each place it
appears.
SEC. 4. ELIGIBILITY OF FERRIES FOR CLEAN FUELS PROGRAM.
Section 5308 of title 49, United States Code, is amended--
(1) in subsection (a)(3) (i) and (iii) and subsection (e),
by inserting ``or ferries'' after ``buses'' each place it
appears;
(2) in subsection (c) and (e), by inserting ``or ferry''
after ``bus'' each place it appears;
(3) in the heading for subsection (e)(2), by inserting ``or
ferries'' after ``buses''; and
(4) in the heading for subsection (e)(3), by inserting ``or
ferry'' after ``bus''.
SEC. 5. FERRY JOINT PROGRAM OFFICE.
(a) Establishment.--The Secretary of Transportation shall establish
a Ferry Joint Program Office (in this section, referred to as the
``Office'') to coordinate Federal programs affecting ferry boat and
ferry facility construction, maintenance, and operations and to promote
ferry service as a component of the Nation's transportation system. The
Ferry Joint Program Office shall coordinate ferry and ferry-related
programs within the Department of Transportation (including the Federal
Highway Administration, the Federal Transit Administration, the
Maritime Administration, and the Bureau of Transportation Statistics)
and with the Department of Homeland Security and other Federal and
State agencies, as appropriate.
(b) Functions.--The functions of the Office shall include--
(1) ensuring resource accountability;
(2) coordinating policy relating to ferry transportation
among the various agencies of the Department of Transportation
and other departments of the United States Government;
(3) providing strategic leadership for ferry research,
development, testing, and deployment; and
(4) promoting ferry transportation as a means to reduce
social, economic, and environmental costs associated with
traffic congestion.
SEC. 6. NATIONAL FERRY DATA BASE.
(a) In General.--The Secretary of Transportation shall maintain a
national ferry database, which shall contain current information
regarding ferry systems, routes, vessels, passengers and vehicles
carried, funding sources, and such other information as the Secretary
deems useful. The Secretary shall utilize the study generated as a
result of section 1207(c) of the Transportation Equity Act for the 21st
Century, and make modifications to that study, as appropriate.
(b) Updated Database.--The Secretary shall produce the first
updated version of the national ferry database within 1 year after the
date of enactment of this Act and every 2 years thereafter.
(c) Public Accessibility.--The Secretary shall ensure that the
national ferry database is easily accessible to the public.
SEC. 7. NATIONAL FERRY TRANSPORTATION INSTITUTE.
(a) Establishment.--The Secretary of Transportation shall make
grants to an institution of higher education, within 1 year after the
date of enactment of this Act, to establish a National Ferry
Transportation Institute (in this section, referred to as the
``Institute'').
(b) Administration.--The Secretary shall develop and administer the
Institute in cooperation with the Department of Transportation, State
transportation departments, public ferry transportation authorities,
private ferry operators, ferry boat builders, ferry employees, and
other institutions of higher education and research institutes.
(c) Functions.--The Institute shall--
(1) conduct research and recommend development activities
on methods of improving ferry transportation programs in the
United States, including methods of reducing wake and providing
alternative propulsion;
(2) develop and conduct training programs for ferry system
employees, United States Government employees, and other
individuals, as appropriate, on recent developments,
techniques, and procedures pertaining to the construction and
operation of ferries;
(3) encourage and assist collaborative efforts by public
and private entities to preserve, improve, and expand the use
of ferries as a mode of transportation; and
(4) preserve, utilize, and display historical information
about the use of ferries in the United States and in foreign
countries.
(d) Location.--In selecting the location for the Institute, the
Secretary shall consider--
(1) the importance of public and private ferries to the
region's transportation system, including both regional travel
and long-range travel and service to isolated communities;
(2) the historical importance of ferry transportation to
the region;
(3) the history and diversity of the region's maritime
community, including ferry construction and repair and other
shipbuilding activities;
(4) the anticipated growth of ferry service and ferry boat
building in the region;
(5) the availability of public-private collaboration in the
region; and
(6) the presence of nationally recognized research
universities in the region.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Transportation $2,000,000 for each of fiscal years 2004,
2005, 2006, 2007, 2008, and 2009, to carry out activities under this
section by the Institute. The Secretary may authorize the acceptance
and expenditure of funding provided to the Institute by public and
private entities.
(f) Report.--The Secretary shall report to Congress not later than
1 year after the date of enactment of this Act, and annually
thereafter, on the activities of the Institute and the progress in
carrying out this section. | Ferry Transportation Enhancement Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for FY 2004 through 2009 for construction of ferry boats and ferry terminal facilities.
Amends Federal highway law to make ferry maintenance (currently, only terminal) facilities eligible for Federal funding.
Amends Federal transportation law to include ferries within the Federal clean fuels program.
Directs the Secretary of Transportation to: (1) establish a Ferry Joint Program Office to coordinate Federal programs affecting ferry boat and facility construction, maintenance, and operation, and to promote ferry service as a component of the Nation's transportation system; (2) maintain a national ferry database containing ferry routes, vessels, passengers and vehicles carried, funding sources, and related information; and (3) make grants to an institution of higher education to establish a National Ferry Transportation Institute for research, development, training programs, etc. relating to U.S. ferry transportation systems. | {"src": "billsum_train", "title": "A bill to extend the authorization for the ferry boat discretionary program, and for other purposes."} | 1,573 | 200 | 0.568353 | 1.45973 | 0.748673 | 3.646067 | 8.168539 | 0.91573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valles Caldera Preservation Act of
2004''.
SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.
(a) Acquisition of Outstanding Mineral Interests.--Section 104(e)
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is
amended--
(1) by striking ``The acquisition'' and inserting the
following:
``(1) In general.--The acquisition'';
(2) by striking ``The Secretary'' and inserting the
following:
``(2) Acquisition.--The Secretary'';
(3) by striking ``on a willing seller basis'';
(4) by striking ``Any such'' and inserting the following:
``(3) Administration.--Any such''; and
(5) by adding at the end the following:
``(4) Available funds.--Any such interests shall be
acquired with available funds.
``(5) Declaration of taking.--
``(A) In general.--If negotiations to acquire the
interests are unsuccessful by the date that is 60 days
after the date of enactment of this paragraph, the
Secretary shall acquire the interests pursuant to
section 3114 of title 40, United States Code.
``(B) Source of funds.--Any difference between the
sum of money estimated to be just compensation by the
Secretary and the amount awarded shall be paid from the
permanent judgment appropriation under section 1304 of
title 31, United States Code.''.
(b) Obligations and Expenditures.--Section 106(e) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at
the end the following:
``(4) Obligations and expenditures.--Subject to the laws
applicable to Government corporations, the Trust shall
determine--
``(A) the character of, and the necessity for, any
obligations and expenditures of the Trust; and
``(B) the manner in which obligations and
expenditures shall be incurred, allowed, and paid.''.
(c) Solicitation of Donations.--Section 106(g) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking
``The Trust may solicit'' and inserting ``The members of the Board of
Trustees, the executive director, and 1 additional employee of the
Trust in an executive position designated by the Board of Trustees or
the executive director may solicit''.
(d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking
``subsection (g)'' and inserting ``subsection (g), from claims,
judgments, or settlements arising from activities occurring on the Baca
Ranch or the Preserve after October 27, 1999,''.
SEC. 3. BOARD OF TRUSTEES.
Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
(1) in paragraph (2), by striking ``Trustees'' and
inserting ``Except as provided in paragraph (3), trustees'';
and
(2) in paragraph (3)--
(A) by striking ``Trustees'' and inserting the
following:
``(A) Selection.--Trustees''; and
(B) by adding at the end the following:
``(B) Compensation.--On request of the chair, the
chair may be compensated at a rate determined by the
Board of Trustees, but not to exceed the daily
equivalent of the annual rate of pay for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) in which the chair is engaged in the performance
of duties of the Board of Trustees.
``(C) Maximum rate of pay.--The total amount of
compensation paid to the chair for a fiscal year under
subparagraph (B) shall not exceed 25 percent of the
annual rate of pay for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.''.
SEC. 4. RESOURCE MANAGEMENT.
(a) Property Disposal Limitations.--Section 108(c)(3) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
(1) in the first sentence, by striking ``The Trust may not
dispose'' and inserting the following:
``(A) In general.--The Trust may not dispose'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Maximum duration.--The Trust'';
(3) in the last sentence, by striking ``Any such'' and
inserting the following:
``(C) Termination.--The''; and
(4) by adding at the end the following:
``(D) Exclusions.--For the purposes of this
paragraph, the disposal of real property does not
include the sale or other disposal of forage, forest
products, or marketable renewable resources.''.
(b) Law Enforcement and Fire Management.--Section 108(g) of the
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
(3) by striking ``At the request of the Trust'' and all
that follows through the end of the paragraph and inserting the
following:
``(2) Fire management.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--The Secretary
shall, in consultation with the Trust, develop
a plan to carry out fire preparedness,
suppression, and emergency rehabilitation
services on the Preserve.
``(ii) Consistency with management
program.--The plan shall be consistent with the
management program developed pursuant to
subsection (d).
``(iii) Cooperative agreement.--To the
extent generally authorized at other units of
the National Forest System, the Secretary shall
provide the services to be carried out pursuant
to the plan under a cooperative agreement
entered into between the Secretary and the
Trust.
``(B) Reimbursable services.--To the extent
generally authorized at other units of the National
Forest System, the Secretary may provide presuppression
and nonemergency rehabilitation and restoration
services for the Trust at any time on a reimbursable
basis.''.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Valles Caldera Preservation Act of 2004 - Amends the Valles Caldera Preservation Act to require the Secretary of Agriculture to negotiate a price for buying the remaining mineral interests of the Valles Caldera Preserve in New Mexico. Directs that any difference between the sum estimated to be just compensation by the Secretary and the amount awarded be paid from the permanent judgment appropriation.
Requires the Trust to determine the character of, and the necessity for, any obligations and expenditures of the Trust and the manner in which obligations and expenditures shall be incurred, allowed, and paid.
Grants authority to use monies received from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999, for specified purposes.
Provides for the rate of compensation of the chairperson of the Trust.
Authorizes the Trust to dispose of forage, forest products, or marketable renewable resources as part of its resource management authority.
Directs the Secretary to develop a plan to carry out fire preparedness, suppression, and emergency rehabilitation services on the Preserve. Authorizes the Secretary to provide presuppression and non-emergency rehabilitation and restoration services for the Trust, to the extent generally authorized at other National Forest System units, at any time on a reimbursable basis. | {"src": "billsum_train", "title": "A bill to amend the Valles Preservation Act to improve the preservation of the Valles Caldera, and for other purposes."} | 1,600 | 291 | 0.598317 | 1.966864 | 0.902953 | 4.351464 | 5.682008 | 0.895397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Excess Litigation Involving
Energy on Federal Lands Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States spends over $1 billion per day to
import crude oil from foreign countries;
(2) such expenditure represents the largest wealth transfer
in history;
(3) the United States has at least 86 billion barrels of
oil and 420 trillion cubic feet of natural gas in the outer
Continental Shelf;
(4) environmental groups have legally challenged every
lease in the Alaskan Outer Continental Shelf in the Chukchi and
Beaufort Seas;
(5) environmental groups have legally challenged the entire
2007-2012 5-year national outer Continental Shelf leasing
program;
(6) such legal challenges significantly delay or ultimately
prevent energy resources from reaching the American public;
(7) these legal challenges come at a high cost to the
American public and the American economy; and
(8) Congress finds that expedited judicial review is
necessary to prevent this gross abuse of the United States
judicial system.
SEC. 3. TIME FOR FILING COMPLAINT.
All causes and claims that arise from any covered energy project
must be filed not later than the end of the 60-day period beginning on
the date of the action or decision by a Federal official that
constitutes the covered energy project concerned. Any cause or claim
not filed within that time period shall be barred.
SEC. 4. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section 3--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 5. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 3 may be
reviewed by no other court except the Supreme Court.
SEC. 6. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 5, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 7. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this Act, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this Act, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 8. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this Act who is not a prevailing party shall
pay to the prevailing parties (including intervening parties), other
than the United States, fees and other expenses incurred by that party
in connection with the judicial review, unless the Court finds that the
position of the person was substantially justified or that special
circumstances make an award unjust.
SEC. 9. EXCLUSION.
This Act shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 10. COVERED ENERGY PROJECT DEFINED.
In this Act, the term ``covered energy project'' means any action
or decision by a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease. | Removing Excess Litigation Involving Energy on Federal Lands Act or RELIEF Act - Requires all causes and claims that arise from a covered energy project to be filed within 60 days after a federal action or decision that constitutes the covered energy project concerned.
(Defines a covered energy project as a federal action or decision concerning the leasing of federal lands, including submerged lands, for the exploration, development, production, processing, or transmission of any source or form of energy, including actions and decisions regarding the selection or offering of federal lands for such leasing.)
Bars any cause or claim that is not filed within such time period. Requires all such proceedings to: (1) be resolved within 180 days after the cause or claim is filed, and (2) take precedence over other pending matters before the district court.
Confers exclusive appellate jurisdiction for such actions upon the U.S. Supreme Court.
Presumes the correctness of any administrative findings and conclusions relating to a challenged federal action under this Act unless the administrative record shows otherwise by clear and convincing evidence. Requires prospective relief to: (1) be narrowly drawn, (2) extend no further than necessary to correct the violation of a federal law requirement, and (3) be the least intrusive means necessary to correct the violation.
Requires a petitioner seeking judicial review of any action, or failure to act, under this Act who is not a prevailing party to pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred in connection with such review, unless the Court finds that the petitioner was either substantially justified or that special circumstances make an award unjust. | {"src": "billsum_train", "title": "To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes."} | 1,066 | 371 | 0.60187 | 2.074487 | 0.921782 | 5.040373 | 3.099379 | 0.934783 |
SECTION 1. MASTER TEACHER PROGRAMS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part F;
(2) by redesignating sections 2401 and 2402 as sections
2501 and 2502, respectively; and
(3) by inserting after part D the following new part:
``PART E--MASTER TEACHER PROGRAMS
``SEC. 2401. MASTER TEACHER PROGRAMS.
``(a) Definitions.--In this part:
``(1) Board certified.--The term `board certified' means
successful completion of all requirements to be certified by
the National Board for Professional Teaching Standards.
``(2) Master teacher.--The term `master teacher' means a
teacher who is certified by the National Board for Professional
Teaching Standards and has been teaching for not less than 3
years.
``(3) Novice teacher.--The term `novice teacher' means a
teacher who has been teaching for not more than 3 years at a
public elementary school or secondary school.
``(b) Program Authorized.--
``(1) Authority.--The Secretary is authorized to award
grants on a competitive basis to local educational agencies to
establish master teacher programs described in subsection (d).
``(2) Distribution.--To the maximum extent practicable, the
Secretary shall award grants under paragraph (1) so that such
grants are distributed among the local educational agencies
with the highest concentration of teachers who are not
certified or licensed or are provisionally certified or
licensed.
``(3) Amount.--The amount of a grant awarded under
paragraph (1) shall be determined based on--
``(A) the total amount appropriated for a fiscal
year under subsection (h); and
``(B) the extent of the concentration of teachers
who are not certified or licensed or are provisionally
certified or licensed in the local educational agency
involved.
``(c) Duration.--A grant under this section shall be awarded for a
period of 5 years.
``(d) Authorized Activities.--The master teacher programs described
in this subsection shall provide funding assistance to teachers who
seek to become board certified, including the provision of the board
certification fee.
``(e) Applications.--
``(1) In general.--A local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Approval of application.--The Secretary shall make a
determination regarding an application submitted under
paragraph (1) based on a recommendation of a peer review panel,
as established by the Secretary, and any other criteria that
the Secretary determines to be appropriate.
``(f) Payments.--
``(1) In general.--Grant payments shall be made under this
section on an annual basis.
``(2) Administrative costs.--Each local educational agency
that receives a grant under this section shall use not more
than 2 percent of the amount awarded under the grant for
administrative costs.
``(3) Denial of grant.--If the Secretary determines that a
local educational agency has failed to make substantial
progress during a fiscal year in increasing the percentage of
teachers who are board certified, or in improving student
achievement, such an agency shall not be eligible for a grant
payment under this section in the next succeeding year.
``(g) Reports.--Not later than March 31, 2005, the Secretary shall
prepare and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives a report of program activities funded
under this section.
``(h) Matching Requirement.--The Secretary may not award a grant to
a local educational agency under this section unless the local
educational agency agrees that, with respect to costs to be incurred by
the agency in carrying out activities for which the grant was awarded,
the agency shall provide (directly or through donations from public or
private entities) non-Federal contributions in an amount equal to 25
percent of the amount of the grant awarded to the agency.
``(i) Repayment of Funds.--
``(1) In general.--In the case of any program under this
section in which assistance is provided to a teacher to pay the
National Board for Professional Teaching Standard board
certification fee to become board certified, assistance may
only be provided if the teacher makes agreements as follows:
``(A) The teacher will enter and complete the
National Board for Professional Teaching Standards
board certification program to become board certified.
``(B) After completion of such program (whether or
not successfully), the teacher will teach in the public
school system for a period of not less than 2 years.
``(2) Breach of agreements.--A teacher receiving assistance
described in paragraph (1) is liable to the local educational
agency that provides such assistance for the amount of the
certification fee described in paragraph (1) if such teacher--
``(A) voluntarily withdraws or terminates the
certification program before taking the examination for
board certification; or
``(B) is dismissed from the certification program
before taking such examination.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for each of the
fiscal years 2002 through 2006.''. | Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make competitive five-year grants to local educational agencies to establish master teacher programs that provide funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee. Requires teachers receiving such assistance to: (1) enter and complete the board certification program; and (2) upon becoming board certified, teach in a public school system for at least two years. | {"src": "billsum_train", "title": "A bill to put teachers first by providing grants for master teacher programs."} | 1,178 | 101 | 0.61344 | 1.444004 | 1.235107 | 3.510204 | 11.438776 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prehistoric Trackways National
Monument Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 4(a).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo Mountains
in southern New Mexico;
(2) the trackways contain footprints of numerous
amphibians, reptiles, and insects (including previously unknown
species), plants, and petrified wood dating back approximately
280,000,000 years, which collectively provide new opportunities
to understand animal behaviors and environments from a time
predating the dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at
which the trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the
significance of the site; and
(ii) based on the study, provide
recommendations for protection of the
paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which characterized
the site as containing ``the most scientifically significant
Early Permian tracksites'' in the world;
(5) despite the conclusion of the study and the
recommendations for protection, the site remains unprotected
and many irreplaceable trackways specimens have been lost to
vandalism or theft; and
(6) designation of the trackways site as a National
Monument would protect the unique fossil resources for present
and future generations while allowing for public education and
continued scientific research opportunities.
SEC. 4. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and enhance the
unique and nationally important paleontological, scientific,
educational, scenic, and recreational resources and values of the
public land described in subsection (b), there is established the
Prehistoric Trackways National Monument in the State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,367 acres of public land in Dona Ana County, New
Mexico, as generally depicted on the map entitled ``Prehistoric
Trackways National Monument'' and dated June 1, 2006.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit
to Congress an official map and legal description of the
Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical or typographical errors in the legal description and
the map.
(3) Conflict between map and legal description.--In the
case of a conflict between the map and the legal description,
the map shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau
of Land Management.
(d) Minor Boundary Adjustments.--If additional paleontological
resources are discovered on public land adjacent to the Monument after
the date of enactment of this Act, the Secretary may make minor
boundary adjustments to the Monument to include the resources in the
Monument.
SEC. 5. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Monument,
including the resources and values described in section
4(a); and
(B) in accordance with--
(i) this Act;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(3) Protection of resources and values.--The Secretary
shall manage public land adjacent to the Monument in a manner
that is consistent with the protection of the resources and
values of the Monument.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection and
management of the Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
(i) describe the appropriate uses and
management of the Monument, consistent with the
provisions of this Act; and
(ii) allow for continued scientific
research at the Monument during the development
of the management plan; and
(B) may--
(i) incorporate any appropriate decisions
contained in any current management or activity
plan for the land described in section 4(b);
and
(ii) use information developed in studies
of any land within or adjacent to the Monument
that were conducted before the date of
enactment of this Act.
(c) Authorized Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the purposes for
which the Monument has been established.
(d) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on,
the paleontological resources of the Monument, with priority
given to exhibiting and curating the resources in Dona Ana
County, New Mexico.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to
carry out paragraph (1).
(e) Special Management Areas.--
(1) In general.--The establishment of the Monument shall
not change the management status of any area within the
boundary of the Monument that is--
(A) designated as a wilderness study area and
managed in accordance with section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); or
(B) managed as an area of critical environment
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
(f) Motorized Vehicles.--
(1) In general.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles in the Monument shall be allowed only on roads and
trails designated for use by motorized vehicles under the
management plan prepared under subsection (b).
(2) Permitted events.--The Secretary may issue permits for
special recreation events involving motorized vehicles within
the boundaries of the Monument, including the ``Chile
Challenge''--
(A) to the extent the events do not harm
paleontological resources; and
(B) subject to any terms and conditions that the
Secretary determines to be necessary.
(g) Withdrawals.--Subject to valid existing rights, any Federal
land within the Monument and any land or interest in land that is
acquired by the United States for inclusion in the Monument after the
date of enactment of this Act are withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(h) Grazing.--The Secretary may allow grazing to continue in any
area of the Monument in which grazing is allowed before the date of
enactment of this Act, subject to applicable laws (including
regulations).
(i) Hunting.--
(1) In general.--Nothing in this Act diminishes the
jurisdiction of the State of New Mexico with respect to fish
and wildlife management, including regulation of hunting on
public land within the Monument.
(2) Regulations.--The Secretary, after consultation with
the New Mexico Department of Game and Fish, may issue
regulations designating zones in which and establishing periods
during which hunting shall not be allowed for reasons of public
safety, administration, or public use and enjoyment.
(j) Water Rights.--Nothing in this Act constitutes an express or
implied reservation by the United States of any water or water rights
with respect to the Monument.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Prehistoric Trackways National Monument Establishment Act - Establishes the Prehistoric Trackways National Monument in New Mexico in order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of specified public land in Dona Ana County, New Mexico.
Directs the Secretary of the Interior to: (1) develop a comprehensive management plan for the long-term protection and management of the Monument; and (2) provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Dona Ana County. | {"src": "billsum_train", "title": "A bill to establish the Prehistoric Trackways National Monument in the State of New Mexico."} | 1,935 | 136 | 0.569169 | 1.518004 | 0.731885 | 6.729508 | 14.639344 | 0.97541 |
SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE.
(a) Naturalization Authority.--Section 310(b) of the Immigration
and Nationality Act (8 U.S.C. 1421(b)) is amended--
(1) in the subsection heading, by striking ``Court
Authority'' and inserting ``Authority'';
(2) in paragraph (1)(A)--
(A) by inserting ``, by a Member of, or Delegate or
Resident Commissioner to, the Congress,'' before ``or
by an eligible court''; and
(B) by adding at the end the following: ``A Senator
shall have the authority to administer such oath of
allegiance only to individuals who reside in the State
the Senator represents. In the case of a Member of the
House of Representatives, including a Delegate or
Resident Commissioner to the Congress, the Member shall
have the authority to administer such oath of
allegiance only to individuals who reside in the
congressional district the Member represents.'';
(3) in paragraph (1), by adding at the end the following:
``(C) Limitations on congressional authority.--
``(i) Extent of authority.--The authority
under this section of a Member of, or Delegate
or Resident Commissioner to, the Congress is
limited solely to the administration of the
oath of allegiance under section 337(a).
``(ii) Period before elections.--A Member
of, or Delegate or Resident Commissioner to,
the Congress may not administer the oath of
allegiance under section 337(a) during the 90-
day period which ends on the date of any
election for Federal, State, or local office in
which the Member, Delegate, or Resident
Commissioner is a candidate.
``(iii) Time and place of ceremony.--A
Member of, or Delegate or Resident Commissioner
to, the Congress shall administer the oath of
allegiance under section 337(a) only at such
times and places as the Secretary of Homeland
Security may designate.'';
(4) in paragraph (2)(A), in the matter preceding clause
(i), by inserting ``or a Member of, or Delegate or Resident
Commissioner to, the Congress'' after ``a court'';
(5) in paragraph (2)(A)(i), by inserting ``or subject to
paragraph (1)(C)(ii), the Member of, or Delegate or Resident
Commissioner to, the Congress'' after ``the court'';
(6) in paragraph (2)(A)(ii)(I), by inserting ``or the
Member of, or Delegate or Resident Commissioner to, the
Congress'' before ``such information'';
(7) in paragraph (2)(A)(ii)(II), by inserting ``or the
Member of, or Delegate or Resident Commissioner to, the
Congress'' after ``the court''; and
(8) in paragraph (3)(B)--
(A) in the subparagraph heading, by striking
``Authority of attorney general'' and inserting
``Timing of exclusive authority'';
(B) by inserting ``neither'' after ``Subject to
subparagraph (C),'';
(C) by inserting ``nor a Member of, or Delegate or
Resident Commissioner to, the Congress'' after ``the
Attorney General''; and
(D) by striking ``shall not administer'' and
inserting ``shall administer''.
(b) Oath of Renunciation and Allegiance.--Section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448) is amended--
(1) in the first sentence of subsection (a), by inserting
``, the Member of the House of Representatives, including a
Delegate or Resident Commissioner to the Congress, who
represents the congressional district in which the individual
resides, a Senator who represents the State in which the
individual resides,'' before ``or a court with jurisdiction'';
(2) in the first sentence of subsection (c)--
(A) by inserting ``(except to the extent that such
section limits the authority of a Member of, or
Delegate or Resident Commissioner to, the Congress)''
after ``Notwithstanding section 310(b)''; and
(B) by inserting ``, oath administration by the
Member of the House of Representatives, including a
Delegate or Resident Commissioner to the Congress, who
represents the congressional district in which the
individual resides or a Senator who represents the
State in which the individual resides,'' after
``expedited judicial oath administration ceremony'';
(3) in the third sentence of subsection (c), by inserting
``or oath administration by the Member of, or Delegate or
Resident Commissioner to, the Congress'' before the period; and
(4) in subsection (c), by adding at the end the following:
``The authority under this section of a Member of, or Delegate
or Resident Commissioner to, the Congress shall be subject to
section 310(b).''.
(c) Certificate of Naturalization; Contents.--Section 338 of the
Immigration and Nationality Act (8 U.S.C. 1449) is amended by inserting
``, Member of, or Delegate or Resident Commissioner to, the Congress,''
after ``location of the official''.
(d) Functions and Duties of Clerks and Records of Declarations of
Intention and Applications for Naturalization.--Section 339 of the
Immigration and Nationality Act (8 U.S.C. 1450) is amended by adding at
the end the following:
``(c) In the case of an oath administration by a Member of, or
Delegate or Resident Commissioner to, the Congress, the functions and
duties of clerks of courts described in this section shall be
undertaken by the Secretary of Homeland Security.''.
SEC. 2. REGULATORY AUTHORITY.
Not later than the date that is 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall issue
regulations implementing the amendments made by this Act.
SEC. 3. CLERICAL AMENDMENT.
(a) In General.--Each of sections 310, 337, 338, and 339 of the
Immigration and Nationality Act (8 U.S.C. 1421, 1448, 1449, and 1450)
is amended by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
(b) Exception.--The amendment made by this section shall not affect
the authority of any officer or employee of the Executive Office of
Immigration Review (including immigration judges (as defined in section
101(b)(4) of the Immigration and Nationality Act)) to administer the
oath of allegiance under section 337(a). | Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member).
Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state; and (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district.
Limits the Member's authority solely to the administration of such oath.
Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate.
Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security.
Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority. | {"src": "billsum_train", "title": "To permit Members of Congress to administer the oath of allegiance to applicants for naturalization."} | 1,588 | 245 | 0.6412 | 1.789499 | 0.787708 | 2.969543 | 6.796954 | 0.878173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Integrity Protection Act
of 2015''.
SEC. 2. WITHDRAWAL OF EXISTING PROPOSED RULE.
Not later than 30 days after the date of enactment of this Act, the
Secretary of the Army and the Administrator of the Environmental
Protection Agency shall withdraw the proposed rule described in the
notice of proposed rule published in the Federal Register entitled
``Definition of `Waters of the United States' Under the Clean Water
Act'' (79 Fed. Reg. 22188 (April 21, 2014)) and any final rule based on
such proposed rule (including RIN 2040-AF30).
SEC. 3. DEVELOPMENT OF NEW PROPOSED RULE.
(a) In General.--The Secretary of the Army and the Administrator of
the Environmental Protection Agency shall develop a new proposed rule
to define the term ``waters of the United States'' as used in the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Development of New Proposed Rule.--In developing the new
proposed rule under subsection (a), the Secretary and the Administrator
shall--
(1) take into consideration the public comments received
on--
(A) the proposed rule referred to in section 2;
(B) the accompanying economic analysis of the
proposed rule entitled ``Economic Analysis of Proposed
Revised Definition of Waters of the United States''
(dated March 2014); and
(C) the report entitled ``Connectivity of Streams &
Wetlands to Downstream Waters: A Review & Synthesis of
Scientific Evidence'' (EPA/600/R-14/475F; dated January
2015);
(2) jointly consult with and solicit advice and
recommendations from representative State and local officials,
stakeholders, and other interested parties on how to define the
term ``waters of the United States'' as used in the Federal
Water Pollution Control Act; and
(3) prepare a regulatory proposal that will, consistent
with applicable rulings of the United States Supreme Court,
specifically identify those waters covered under, and those
waters not covered under, the Federal Water Pollution Control
Act--
(A) taking into consideration--
(i) the public comments referred to in
paragraph (1); and
(ii) the advice and recommendations made by
the State and local officials, stakeholders,
and other interested parties consulted under
this section; and
(B) incorporating the areas and issues where
consensus was reached with the parties.
(c) Federalism Consultation Requirements.--As part of consulting
with and soliciting advice and recommendations from State and local
officials under subsection (b), the Secretary and the Administrator
shall--
(1) seek to reach consensus with the State and local
officials on how to define the term ``waters of the United
States'' as used in the Federal Water Pollution Control Act;
(2) provide the State and local officials with notice and
an opportunity to participate in the consultation process under
subsection (b);
(3) consult with State and local officials that represent a
broad cross-section of regional, economic, policy, and
geographic perspectives in the United States;
(4) emphasize the importance of collaboration with and
among the State and local officials;
(5) allow for meaningful and timely input by the State and
local officials;
(6) recognize, preserve, and protect the primary rights and
responsibilities of the States to protect water quality under
the Federal Water Pollution Control Act, and to plan and
control the development and use of land and water resources in
the States;
(7) protect the authorities of State and local governments
and rights of private property owners over natural and manmade
water features, including the continued recognition of Federal
deference to State primacy in the development of water law, the
governance of water rights, and the establishment of the legal
system by which States mediate disputes over water use;
(8) incorporate the advice and recommendations of the State
and local officials regarding matters involving differences in
State and local geography, hydrology, climate, legal
frameworks, economies, priorities, and needs; and
(9) ensure transparency in the consultation process,
including promptly making accessible to the public all
communications, records, and other documents of all meetings
that are part of the consultation process.
(d) Stakeholder Consultation Requirements.--As part of consulting
with and soliciting recommendations from stakeholders and other
interested parties under subsection (b), the Secretary and the
Administrator shall--
(1) identify representatives of public and private
stakeholders and other interested parties, including small
entities (as defined in section 601 of title 5, United States
Code), representing a broad cross-section of regional,
economic, and geographic perspectives in the United States,
which could potentially be affected, directly or indirectly, by
the new proposed rule under subsection (a), for the purpose of
obtaining advice and recommendations from those representatives
about the potential adverse impacts of the new proposed rule
and means for reducing such impacts in the new proposed rule;
and
(2) ensure transparency in the consultation process,
including promptly making accessible to the public all
communications, records, and other documents of all meetings
that are part of the consultation process.
(e) Timing of Federalism and Stakeholder Consultation.--Not later
than 3 months after the date of enactment of this Act, the Secretary
and the Administrator shall initiate consultations with State and local
officials, stakeholders, and other interested parties under subsection
(b).
(f) Report.--The Secretary and the Administrator shall prepare a
report that--
(1) identifies and responds to each of the public comments
filed on--
(A) the proposed rule referred to in section 2;
(B) the accompanying economic analysis of the
proposed rule entitled ``Economic Analysis of Proposed
Revised Definition of Waters of the United States''
(dated March 2014); and
(C) the report entitled ``Connectivity of Streams &
Wetlands to Downstream Waters: A Review & Synthesis of
Scientific Evidence'' (EPA/600/R-14/475F; dated January
2015);
(2) provides a detailed explanation of how the new proposed
rule under subsection (a) addresses the public comments
referred to in paragraph (1);
(3) describes in detail--
(A) the advice and recommendations obtained from
the State and local officials consulted under this
section;
(B) the areas and issues where consensus was
reached with the State and local officials consulted
under this section;
(C) the areas and issues of continuing disagreement
that resulted in the failure to reach consensus; and
(D) the reasons for the continuing disagreements;
(4) provides a detailed explanation of how the new proposed
rule addresses the advice and recommendations provided by the
State and local officials consulted under this section,
including the areas and issues where consensus was reached with
the State and local officials;
(5) describes in detail--
(A) the advice and recommendations obtained from
the stakeholders and other interested parties,
including small entities, consulted under this section
about the potential adverse impacts of the new proposed
rule and means for reducing such impacts in the new
proposed rule; and
(B) how the new proposed rule addresses such advice
and recommendations;
(6) provides a detailed explanation of how the new proposed
rule--
(A) recognizes, preserves, and protects the primary
rights and responsibilities of the States to protect
water quality and to plan and control the development
and use of land and water resources in the States; and
(B) is consistent with the applicable rulings of
the United States Supreme Court regarding the scope of
waters to be covered under the Federal Water Pollution
Control Act; and
(7) provides comprehensive regulatory and economic impact
analyses, utilizing the latest data and other information, on
how definitional changes in the new proposed rule will impact,
directly or indirectly--
(A) each program under the Federal Water Pollution
Control Act for Federal, State, and local government
agencies; and
(B) public and private stakeholders and other
interested parties, including small entities, regulated
under each such program.
(g) Publication.--
(1) Federal register notice.--Not later than 3 months after
the completion of consultations with and solicitation of
recommendations from State and local officials, stakeholders,
and other interested parties under subsection (b), the
Secretary and the Administrator shall publish for comment in
the Federal Register--
(A) the new proposed rule under subsection (a);
(B) a description of the areas and issues where
consensus was reached with the State and local
officials consulted under this section; and
(C) the report described in subsection (f).
(2) Duration of review.--The Secretary and the
Administrator shall provide not fewer than 180 days for the
public to review and comment on--
(A) the new proposed rule under subsection (a);
(B) the accompanying economic analysis for the new
proposed rule; and
(C) the report described in subsection (f).
(h) Procedural Requirements.--Subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as the
``Administrative Procedure Act'') shall apply to the development and
review of the new proposed rule under subsection (a).
(i) State and Local Officials Defined.--In this section, the term
``State and local officials'' means elected or professional State and
local government officials or their representative regional or national
organizations.
SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.
SEC. 5. EFFECT ON STATE PERMIT PROGRAMS.
(a) In General.--If the Administrator of the Environmental
Protection Agency, based on the proposed rule developed under section
3, issues a final rule to define the term ``waters of the United
States'' as used in the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Administrator shall--
(1) not later than 90 days after the date of issuance of
the final rule, review each permit program being administered
by a State under section 402, 404, or 405 of that Act (33
U.S.C. 1342, 1344, or 1345) to determine whether the permit
program complies with the terms of the final rule; and
(2) not later than 10 days after the date of completion of
the review, notify the State of--
(A) the Administrator's determination under
paragraph (1); and
(B) in any case in which the Administrator
determines that a permit program does not comply with
the final rule, the actions required to bring the
permit program into compliance.
(b) Compliance Period.--During the 2-year period beginning on the
date on which the Administrator provides notice to a State under
subsection (a)(2), the Administrator may not withdraw approval of a
State permit program referred to in subsection (a)(1) on the basis that
the permit program does not comply with the terms of a final rule
described in subsection (a).
(c) Limitation on Statutory Construction.--Nothing in this section
may be construed to limit or otherwise affect the authority of the
Administrator under the Federal Water Pollution Control Act or any
other provision of law--
(1) to withdraw approval of a State permit program referred
to in subsection (a)(1), except as specifically prohibited by
subsection (b); or
(2) to disapprove a proposed permit under a State permit
program referred to in subsection (a).
Passed the House of Representatives May 12, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Regulatory Integrity Protection Act of 2015 (Sec. 2) This bill requires the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) to withdraw, within 30 days, the proposed rule, "Definition of 'Waters of the United States' Under the Clean Water Act," dated April 21, 2014, describing the water bodies that fall under the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act), as well as any final rule based on the proposed rule. (Sec. 3) The Army Corps and the EPA must develop a new proposed rule to define the term, "waters of the United States" as used in that Act. In developing the new rule, the Army Corps and the EPA must meet requirements concerning consultation with states and localities enumerated in this bill. The new rule must specifically identify those waters covered and not covered by the Clean Water Act and incorporate the areas and issues where consensus was reached by the interested parties. The Army Corps and the EPA must prepare a report with details about the new proposed rule and its development, including: (1) explanations of how the rule addresses public comments filed on certain related rules and reports and addresses recommendations provided in the consultation process; and (2) comprehensive regulatory and economic impact analyses of how the rule will impact interested parties and each program under the Clean Water Act. The Army Corps and the EPA must: (1) publish the report, a description of the areas and issues where consensus was reached with the state and local officials consulted, and the new proposed rule; and (2) make them available for public review and comment for at least 180 days. (Sec. 5) Within 90 days of issuing a final rule to define the term, the EPA must determine whether each permit program administered by states under the Clean Water Act's National Pollutant Discharge Elimination System program, the program to regulate the discharge of dredged or fill material into waters of the United States, and the program regulating the disposal of sewage sludge is in compliance with the rule. States are given two years to bring any noncompliant programs into compliance before the EPA withdraws approval of the state program. | {"src": "billsum_train", "title": "Regulatory Integrity Protection Act of 2015"} | 2,495 | 483 | 0.708819 | 2.319242 | 0.779375 | 2.618824 | 5.717647 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burmese Freedom and Democracy Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has
failed to transfer power to the National League for Democracy
(NLD) whose parliamentarians won an overwhelming victory in the
1990 elections in Burma.
(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed
the efforts of United Nations Special Envoy Razali bin Ismail
to further such dialogue.
(3) According to the State Department's ``Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma'' dated March 28, 2003, the SPDC has become ``more
confrontational'' in its exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued
support for the NLD throughout Burma, brutally attacked NLD
supporters, killed and injured scores of civilians, and
arrested democracy advocate Aung San Suu Kyi and other
activists.
(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation
and torture against women, and forcibly conscripts child-
soldiers for the use in fighting indigenous ethnic groups.
(6) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit
drugs.
(7) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment
by United States authorities, and other producers and
traffickers of narcotics.
(8) The International Labor Organization (ILO), for the
first time in its 82-year history, adopted in 2000, a
resolution recommending that governments, employers, and
workers organizations take appropriate measures to ensure that
their relations with the SPDC do not abet the government-
sponsored system of forced, compulsory, or slave labor in
Burma, and that other international bodies reconsider any
cooperation they may be engaged in with Burma and, if
appropriate, cease as soon as possible any activity that could
abet the practice of forced, compulsory, or slave labor.
(9) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively
destroying any free enterprise system.
(10) Investment in Burmese companies and purchases from
them serve to provide the SPDC with currency that is used to
finance its instruments of terror and repression against the
Burmese people.
(11) On April 15, 2003, the American Apparel and Footwear
Association expressed its ``strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports
from Burma'' and called upon the United States Government to
``impose an outright ban on U.S. imports'' of these items until
Burma demonstrates respect for basic human and labor rights of
its citizens.
(12) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD
as the legitimate representative of the Burmese people as
determined by the 1990 election.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) General Ban.--
(1) In general.--Notwithstanding any other provision of
law, until such time as the President determines and certifies
to Congress that Burma has met the conditions described in
paragraph (3), no article may be imported into the United States that
is produced, mined, manufactured, grown, or assembled in Burma.
(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among
other entities--
(A) the SPDC, any ministry of the SPDC, a member of
the SPDC or an immediate family member of such member;
(B) known narcotics traffickers from Burma or an
immediate family member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings
Incorporated (UMEHI) or any company in which the UMEHI
has a fiduciary interest;
(D) the Myanmar Economic Corporation (MEC) or any
company in which the MEC has a fiduciary interest;
(E) the Union Solidarity and Development
Association (USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC,
or USDA.
(3) Conditions described.--The conditions described in this
paragraph are the following:
(A) The SPDC has made substantial and measurable
progress to end violations of internationally
recognized human rights including rape, and the
Secretary of State, after consultation with the ILO
Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically
violates workers rights, including the use of forced
and child labor, and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial
progress toward implementing a democratic government
including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the
press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of
religion; and
(v) bringing to a conclusion an agreement
between the SPDC and the democratic forces led
by the NLD and Burma's ethnic nationalities on
the transfer of power to a civilian government
accountable to the Burmese people through
democratic elections under the rule of law.
(C) Pursuant to the terms of section 706 of the
Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228), Burma has not failed demonstrably
to make substantial efforts to adhere to its
obligations under international counternarcotics
agreements and to take other effective counternarcotics
measures, including the arrest and extradition of all
individuals under indictment in the United States for
narcotics trafficking, and concrete and measurable
actions to stem the flow of illicit drug money into
Burma's banking system and economic enterprises and to
stop the manufacture and export of methamphetamines.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the Committees on Foreign Relations and Appropriations of
the Senate and the Committees on International Relations and
Appropriations of the House of Representatives.
(b) Waiver Authorities.--
(1) In general.--The President may waive the prohibitions
described in this section for any or all products imported from
Burma to the United States if the President determines and
notifies the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
International Relations of the House of Representatives that to
do so is in the national security interest of the United
States.
(2) International obligations.--The President may waive any
provision of this Act found to be in violation of any
international obligations of the United States pursuant to any
final ruling relating to Burma under the dispute settlement
procedures of the World Trade Organization.
(c) Duration of Trade Ban.--The President may terminate the
restrictions contained in this Act upon the request of a democratically
elected government in Burma, provided that all the conditions in
subsection (a)(3) have been met.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the Treasury shall direct, and promulgate regulations to
the same, that any United States financial institution holding funds
belonging to the SPDC or the assets of those individuals who hold
senior positions in the SPDC or its political arm, the Union Solidarity
Development Association, shall promptly report those assets to the
Office of Foreign Assets Control. The Secretary of the Treasury may
take such action as may be necessary to secure such assets or funds.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or financial
or technical assistance to Burma until such time as the conditions
described in section 3(a)(3) are met.
SEC. 6. EXPANSION OF VISA BAN.
(a) In General.--
(1) Visa ban.--The President is authorized to deny visas
and entry to the former and present leadership of the SPDC or
the Union Solidarity Development Association.
(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
ensure that an individual who is banned from obtaining a visa
by the European Union for the reasons described in paragraph
(1) is also banned from receiving a visa from the United
States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose entry into
the United States is banned under subsection (a).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
(a) In General.--Congress encourages the Secretary of State to
highlight the abysmal record of the SPDC to the international community
and use all appropriate fora, including the Association of Southeast
Asian Nations Regional Forum and Asian Nations Regional Forum, to
encourage other states to restrict financial resources to the SPDC and
Burmese companies while offering political recognition and support to
Burma's democratic movement including the National League for Democracy
and Burma's ethnic groups.
(b) United States Embassy.--The United States embassy in Rangoon
shall take all steps necessary to provide access of information and
United States policy decisions to media organs not under the control of
the ruling military regime.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) In General.--The President is authorized to use all available
resources to assist Burmese democracy activists dedicated to nonviolent
opposition to the regime in their efforts to promote freedom,
democracy, and human rights in Burma, including a listing of
constraints on such programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the date
of enactment of this Act, the Secretary of State shall provide
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives a comprehensive
report on its short- and long-term programs and activities to
support democracy activists in Burma, including a list of
constraints on such programming.
(2) Report on resources.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
International Relations of the House of Representatives a
report identifying resources that will be necessary for the
reconstruction of Burma, after the SPDC is removed from power,
including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of
military officers and personnel into Burmese society;
and
(E) providing health, educational, and economic
development. | Burmese Freedom and Democracy Act of 2003 - Prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has taken certain democratic and counternarcotics actions. Authorizes the President to waive such requirements.Directs the Secretary of the Treasury to direct any U.S. financial institution holding funds of the State Peace and Development Council (SPDC) of Burma or the assets of individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, to report those assets to the Office of Foreign Assets Control and take such action as may be necessary to secure them.Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose any extension of a loan or financial or technical assistance to Burma until the requirements of this Act are met. Authorizes the President to deny visas and entry into the United States to the former and present leadership of the SPDC or the Union Solidarity Development Association. Urges the Secretary of State to use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering support to Burma's democratic movement, including the National League for Democracy and Burma's ethnic groups.Authorizes the President to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma. | {"src": "billsum_train", "title": "A bill to sanction the ruling Burmese military junta, to strengthen Burma's democratic forces and support and recognize the National League of Democracy as the legitimate representative of the Burmese people, and for other purposes."} | 2,556 | 354 | 0.522976 | 1.924891 | 0.531982 | 5.680702 | 7.964912 | 0.957895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deepwater Offshore Wind Incentive
Act''.
SEC. 2. CREDIT FOR PRODUCTION OF ENERGY FROM DEEP WATER OFFSHORE WIND.
(a) Production Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45R. CREDIT FOR PRODUCTION FOR DEEP WATER OFFSHORE WIND.
``(a) General Rule.--For purposes of section 38, the deep water
offshore wind production credit of any taxpayer for any taxable year is
equal to the product of--
``(1) 3.04 cents, multiplied by
``(2) the kilowatt hours of electricity--
``(A) produced by the taxpayer at a deep water
offshore wind facility during the 10-year period
beginning on the date the facility was originally
placed in service, and
``(B) sold by the taxpayer to an unrelated person
during the taxable year.
``(b) National Limitation.--
``(1) In general.--The amount of credit which would (but
for this subsection) be allowed with respect to any facility
for any taxable year shall not exceed the amount which bears
the same ratio to such amount of credit as--
``(A) the national megawatt capacity limitation
allocated to the facility, bears to
``(B) the total megawatt nameplate capacity of such
facility.
``(2) Amount of national limitation.--The aggregate amount
of national megawatt capacity limitation allocated by the
Secretary under paragraph (3) shall not exceed 6,000 megawatts.
``(3) Allocation of limitation.--The Secretary shall
allocate the national megawatt capacity limitation in the
following manner:
``(A) The Secretary shall allocate the first 5,000
megawatts of the national megawatt capacity limitation
to facilities by giving priority to facilities which
will be placed in service at the earliest date.
``(B) The Secretary shall allocate the remaining
megawatts of the national megawatt capacity limitation
by taking into account the technology of the facility.
``(4) Regulations.--Not later than 6 months after the date
of the enactment of this section, the Secretary shall prescribe
such regulations as may be necessary or appropriate to carry
out the purposes of this subsection. Such regulations shall
provide a certification process under which the Secretary,
after consultation with the Secretary of Energy, shall approve
and allocate the national megawatt capacity limitation.
``(c) Deep Water Offshore Wind Facility.--For purposes of this
section--
``(1) In general.--The term `deep water offshore wind
facility' means any facility which--
``(A) is owned by the taxpayer,
``(B) uses wind to produce electricity,
``(C) operates in 60 meters or more of water,
``(D) is located within the internal or territorial
waters of the United States, and
``(E) is placed in service after the date of the
enactment of this section and before January 1, 2030.
``(2) Exceptions.--Such term shall not include any facility
if--
``(A) a credit has been allowed to such facility
under section 45 for such taxable year or any prior
taxable year,
``(B) a credit has been allowed with respect to
such facility under section 46 by reason of section
48(a) for such taxable or any preceding taxable year,
or
``(C) a grant has been made with respect to such
facility under section 1603 of the American Recovery
and Reinvestment Act of 2009.
``(d) Other Rules to Apply.--Rules similar to the rules of
paragraphs (1), (3), (4), and (5) of section 45(e) shall apply for
purposes of this section.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2010, the 3.04 cent amount in subsection (a)(1) shall be
adjusted by multiplying such amount by the inflation adjustment
factor for the calendar year in which the sale occurs. If any
amount as increased under the preceding sentence is not a
multiple of 0.01 cent, such amount shall be rounded to the
nearest multiple of 0.01 cent.
``(2) Inflation adjustment factor.--For purposes of
paragraph (1), the term `inflation adjustment factor' has the
meaning given such term under section 45(e)(2)(B), except that
`calendar year 2010' shall be substituted for `calendar year
1992'.''.
(2) Credit made part of general business credit.--Section
38(b) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``plus'' at the end of paragraph
(34),
(B) by striking the period at the end of paragraph
(35) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(36) the deep water offshore wind production credit
determined under section 45R(a).''.
(3) Coordination with other benefits.--
(A) Section 45 production credit.--Section 45(e) of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(12) Coordination with deep water offshore wind credit.--
No credit shall be allowed under subsection (a) with respect to
any qualified facility described in subsection (d)(1) if a
credit has been allowed to such facility under section 45J for
such taxable year or any prior taxable year.''.
(B) Investment credit.--Subsections (B) and (C) of
section 48(d)(5)(B) of such Code are each amended by
inserting ``or section 45R'' after ``section 45''.
(C) Grants.--Section 48(d)(1) of such Code is
amended by striking ``or section 45'' and inserting ``,
section 45, or section 45R''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``Sec. 45R. Credit for production for deep water offshore wind.''.
(b) Option To Elect Investment Credit in Lieu of Production
Credit.--Section 48(a)(5)(C)(i) of the Internal Revenue Code of 1986 is
amended by inserting ``, or any deep water offshore wind facility
(within the meaning of section 45R) if such facility is placed in
service before 2030'' before the period at the end.
(c) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after the date of the enactment
of this Act. | Deepwater Offshore Wind Incentive Act - Amends the Internal Revenue Code to allow a general business tax credit for the production of energy from a deep water offshore wind facility. Makes such credit equal to the product of 3.04 cents and the kilowatt hours of electricity produced at a facility during a 10-year period and sold by a taxpayer to an unrelated person during the taxable year. Defines "deep water offshore wind facility" as facility that uses wind to produce electricity, operates in 60 meters or more of water, is located within the internal or territorial waters of the United States, and is placed in service after the enactment of this Act and before January 1, 2030. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for the production of energy from deep water offshore wind."} | 1,540 | 153 | 0.579672 | 1.622865 | 0.696558 | 4.226563 | 10.804688 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Travelers Bill of
Rights Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered website operator.--The term ``covered website
operator'' means an individual or entity that operates an
Internet website that provides access to international travel
services. Such term includes an overseas vacation destination
or a third party that operates an Internet website that offers
international travel services.
(3) International travel services.--The term
``international travel services'' means a service that a
consumer can use to reserve lodging at an overseas vacation
destination.
(4) Overseas vacation destination.--The term ``overseas
vacation destination'' means a resort, hotel, retreat, hostel,
or any other similar lodging located outside the United States.
(5) United states.--The term ``United States'' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY
RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS.
(a) In General.--A covered website operator shall provide to
consumers information on the Internet website of the covered website
operator, in a manner the website operator considers appropriate,
regarding the potential health and safety risks associated with
overseas vacation destinations marketed on such website, if any,
including the following:
(1) Information compiled by the Department of State,
including Department of State country-specific travel warnings
and alerts.
(2) Information regarding the onsite health and safety
services that are available to consumers at each overseas
vacation destination, including whether the destination--
(A) employs or contracts with a physician or nurse
on the premises to provide medical treatment for
guests;
(B) employs or contracts with personnel, other than
a physician, nurse, or lifeguard, on the premises who
are trained in cardiopulmonary resuscitation;
(C) has an automated external defibrillator and
employs or contracts with 1 or more individuals on the
premises trained in its use; and
(D) employs or contracts with 1 or more lifeguards
on the premises trained in cardiopulmonary
resuscitation, if the overseas vacation destination has
swimming pools or other water-based activities on its
premises, or in areas under its control for use by
guests.
(b) Services Not Available 24 Hours a Day.--If the onsite health
and safety services described in subsection (a)(2) are not available 24
hours a day, 7 days a week, a covered website operator who provides
information about such services under subsection (a) shall display the
hours and days of availability on its Internet website in a manner the
covered website operator considers appropriate.
(c) Minimum Requirement for Obtaining Information.--If a covered
website operator does not possess, with respect to an overseas vacation
destination, information about the onsite health and safety services
required to be displayed on its Internet website under subsection (a),
the covered website operator shall, at a minimum, request such
information from such destination.
(d) Information Not Available.--If onsite health and safety
services described in subsection (a)(2) are not available at an
overseas vacation destination, or if a covered website operator does
not possess information about the onsite health and safety services
required to be displayed on its Internet website under subsection (a),
the covered website operator shall display on the Internet website of
the website operator, in a manner the website operator considers
appropriate, the following: ``This destination does not provide certain
health and safety services, or information regarding such services is
not available.''.
(e) Immunity.--A covered website provider shall not be liable in a
civil action in a Federal or State court relating to inaccurate or
incomplete information published under subsection (a) regarding an
overseas vacation destination that is not owned or operated by the
covered website provider if--
(1) such information was provided by the overseas vacation
destination; and
(2) the covered website provider published such information
without knowledge that such information was inaccurate or
incomplete, as the case may be.
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts of Practices.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(c) Deadline for Issuance of Regulations.--The Commission shall
prescribe regulations to carry out this Act not later than 1 year after
the date of the enactment of this Act.
SEC. 5. DEPARTMENT OF STATE RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
(a) Increased Granularity of Data Collected.--Subsection (a) of
section 57 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2729) is amended by striking paragraph (2) and inserting the
following:
``(2) The location of where the death occurred, including
the address of the location, the name of the property where the
death occurred, and the state or province and municipality of
such location, if available.''.
(b) Increased Frequency of Publication.--Subsection (c) of such
section is amended by striking ``at least every six months'' and
inserting ``not less frequently than once each month''.
(c) Monthly Reports to Congress.--Such section is amended by adding
at the end the following:
``(d) Reports to Congress.--Each time the Secretary updates the
information made available under subsection (c), the Secretary shall
submit to Congress a report containing such information.''. | International Travelers Bill of Rights Act of 2011 - Requires an individual or entity that operates a website that provides access to international travel services to provide to consumers information regarding the health and safety risks associated with overseas vacation destinations marketed on such website, including: (1) information compiled by the Department of State that includes country-specific travel warnings and alerts; and (2) information on the availability of on site health and safety services at a destination, including the hours and days such services are available, or a disclaimer that such destination does not provide certain health and safety services or that information regarding such services is not available. Requires a website operator that does not possess information on a destination's health and safety services to request it from that destination.
Grants the website operator immunity from liability relating to inaccurate or incomplete information if such information was provided by the destination and the operator published it without knowledge that it was inaccurate or incomplete.
Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act.
Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) collect and include in the database on overseas deaths of U.S. citizens from non-natural causes information on the name and address of the property where a death occurred, and (2) update the database not less frequently than once each month (currently, every six months) and to report such updated information to Congress. | {"src": "billsum_train", "title": "To require operators of Internet websites that provide access to international travel services and market overseas vacation destinations to provide on such websites information to consumers regarding the potential health and safety risks associated with traveling to such vacation destinations, and for other purposes."} | 1,436 | 306 | 0.623433 | 2.019938 | 0.84269 | 3.361702 | 4.471631 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diverse Teachers Recruitment Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Department of Education statistics reveal a lack of
diversity among public schoolteachers. During the school year
of 2007 through 2008, an estimated 83.1 percent of public
schoolteachers were Caucasian, while 7.1 percent were Latino, 7
percent were African-American, and 1.2 percent were Asian. Of
all public schoolteachers, 24.1 percent were male and 75.9
percent were female.
(2) Some experts believe the lack of diversity can leave
students in underrepresented groups without role models to whom
they can relate, which may lead to poorer performance in the
classroom. Statistics show that students in some
underrepresented groups have lower standardized test scores and
lower graduation rates.
(3) Teacher demographics should better reflect those of the
population as a whole, ensuring that students have role models
from diverse backgrounds and racial and ethnic groups and of
different genders.
SEC. 3. RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS FROM
UNDERREPRESENTED GROUPS.
(a) In General.--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--RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS FROM
UNDERREPRESENTED GROUPS
``SEC. 2501. GRANT PROGRAM.
``(a) Authorization.--From amounts appropriated under section 2505,
the Secretary shall make grants on a competitive basis to eligible
entities for recruiting, training, and retaining individuals from
underrepresented groups as teachers at public elementary schools and
secondary schools.
``(b) Eligibility.--The Secretary may only make a grant under
subsection (a) to an eligible entity that--
``(1) serves schools that have difficulty recruiting,
training, and retaining individuals from underrepresented
groups as teachers; and
``(2) submits an application at such time, in such form,
and containing such information and assurances as the Secretary
may require, including--
``(A) a description of how the activities the
eligible entity carries out with grant funds will
ensure the recruitment, training, and retention of a
significant number of individuals from underrepresented
groups; and
``(B) a description of the difficulty recruiting,
training, and retaining individuals from
underrepresented groups experienced by the schools
served by the eligible entity.
``(c) Priority.--In making grants under subsection (a), the
Secretary shall give priority to--
``(1) local educational agencies (or consortia of local
educational agencies) that serve the most high-need schools;
and
``(2) local educational agencies (or consortia of local
educational agencies) that serve schools with the highest
percentages of minority individuals in their student
populations.
``(d) Matching Funds.--
``(1) In general.--The Secretary may not make a grant to an
eligible entity under subsection (a) unless the eligible entity
agrees that, with respect to the costs to be incurred by the
eligible entity in carrying out the activities for which the
grant is awarded, the eligible entity will make available non-
Federal contributions in an amount equal to not less than 10
percent of the Federal funds provided under the grant.
``(2) Satisfying matching requirement.--The non-Federal
contributions required under paragraph (1) may be--
``(A) in cash or in-kind, including services,
fairly evaluated; and
``(B) from--
``(i) any private source; or
``(ii) a State educational agency or local
educational agency.
``(3) Waiver.--The Secretary may waive or reduce the non-
Federal contribution required by paragraph (1) if the eligible
entity involved demonstrates that it cannot meet the
contribution requirement due to financial hardship.
``SEC. 2502. REPORTS TO SECRETARY.
``An eligible entity receiving a grant under section 2501(a) shall
submit to the Secretary not later than 90 days after the end of each
school year in which the entity receives grant funds a report that
contains--
``(1) a description of the activities for which the entity
used grant funds during such school year;
``(2) data concerning, with respect to the schools served
by the entity--
``(A) the number of individuals from
underrepresented groups that began teaching during such
school year;
``(B) the retention rate of teachers who are
individuals from underrepresented groups;
``(C) in the case of the report covering the last
school year in which the entity receives grant funds,
indicators of student academic achievement during such
school year as compared with previous school years,
disaggregated, if possible, by the achievement of--
``(i) economically disadvantaged students;
``(ii) students from major racial groups;
``(iii) students with disabilities; and
``(iv) students with limited English
proficiency;
``(D) student graduation rates for the school year
covered by the report as compared with previous school
years, if applicable in the case of the schools served
by the entity; and
``(E) student attendance rates for the school year
covered by the report as compared with previous school
years; and
``(3) a description of and data regarding such
characteristics of the schools served by the entity, and the
students of such schools, as the Secretary considers
appropriate, including the number and percentage of students in
each of the groups listed in clauses (i) through (iv) of
paragraph (2)(C).
``SEC. 2503. BEST PRACTICES INFORMATION CLEARINGHOUSE.
``(a) In General.--The Secretary shall evaluate the success of the
activities carried out by eligible entities using grant funds received
under section 2501(a) and compile a database of best practices for
recruiting, training, and retaining individuals from underrepresented
groups as public elementary and secondary school teachers. The
Secretary shall make such database available to eligible entities
(regardless of whether such entities have received grants under such
section) through an Internet Web site.
``(b) Funds Available.--Of the amounts appropriated to carry out
this part for a fiscal year, the Secretary may use not more than 10
percent to carry out this section during such fiscal year.
``SEC. 2504. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency (or consortium of
local educational agencies); or
``(B) an entity that--
``(i) has entered into a partnership with a
local educational agency (or consortium of
local educational agencies) in which the local
educational agency (or consortium of local
educational agencies) is the primary partner;
and
``(ii) is a private nonprofit organization,
educational service agency, institution of
higher education, or State educational agency.
``(2) High-need high school.--The term `high-need high
school' means a secondary school--
``(A) in which the entering grade of the school is
not lower than grade 9 and that includes grade 12; and
``(B) that has a graduation rate of not more than
65 percent in each of the 2 academic years prior to the
submission of the grant application.
``(3) High-need middle school.--The term `high-need middle
school' means a secondary school--
``(A) in which the entering grade is not lower than
grade 6 and the highest grade is not higher than grade
9; and
``(B) from which not less than 35 percent of the
students who complete such school enroll in a high-need
high school.
``(4) High-need school.--The term `high-need school' means
a public school, including a charter school (as such term is
defined in section 5210(1))--
``(A) in which not less than 40 percent of the
enrolled students are eligible to receive free or
reduced price lunches under section 9(b) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1758(b)); or
``(B) that is a high-need high school or a high-
need middle school.
``(5) Individual from an underrepresented group.--The term
`individual from an underrepresented group' means an individual
who is a member of a racial group or gender that has
historically been underrepresented among teachers in public
primary and secondary schools in the United States.
``(6) Minority individual.--The term `minority individual'
means an individual who is a member of a racial group that has
historically been underrepresented among teachers in public
primary and secondary schools in the United States.
``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as are necessary for fiscal years 2010 through 2015.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by adding
after the item related to section 2441 the following:
Part E--Recruitment, Training, and Retention of Teachers From
Underrepresented Groups
Sec. 2501. Grant program.
Sec. 2502. Reports to Secretary.
Sec. 2503. Best practices information clearinghouse.
Sec. 2504. Definitions.
Sec. 2505. Authorization of appropriations. | Diverse Teachers Recruitment Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) or nonprofits, educational service agencies, institutions of higher education, or states that enter into partnerships with such LEAs, for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers.
Gives priority to LEAs that serve the most high-need schools and those that serve schools with the highest percentages of minorities in their student bodies.
Requires the Secretary to evaluate the success of the grantees and compile a database of best practices for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants for recruiting, training, and retaining individuals from underrepresented groups as teachers at public elementary and secondary schools, and for other purposes."} | 2,146 | 168 | 0.577525 | 1.662799 | 1.007427 | 4.539007 | 14.120567 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ski Area Recreational Opportunity
Enhancement Act of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to amend the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b)--
(1) to enable snow-sports (other than nordic and alpine
skiing) to be permitted on National Forest System land subject
to ski area permits issued by the Secretary of Agriculture
under section 3 of the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b); and
(2) to clarify the authority of the Secretary of
Agriculture to permit appropriate additional seasonal or year-
round recreational activities and facilities on National Forest
System land subject to ski area permits issued by the Secretary
of Agriculture under section 3 of the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b).
SEC. 3. SKI AREA PERMITS.
Section 3 of the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) is amended--
(1) in subsection (a), by striking ``nordic and alpine ski
areas and facilities'' and inserting ``ski areas and associated
facilities'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``nordic and alpine skiing operations and
purposes'' and inserting ``skiing and other snow sports and
recreational uses authorized by this Act'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Other Recreational Uses.--
``(1) Authority of secretary.--Subject to the terms of a
ski area permit issued pursuant to subsection (b), the
Secretary may authorize a ski area permittee to provide such
other seasonal or year-round natural resource-based
recreational activities and associated facilities (in addition
to skiing and other snow-sports) on National Forest System land
subject to a ski area permit as the Secretary determines to be
appropriate.
``(2) Requirements.--Each activity and facility authorized
by the Secretary under paragraph (1) shall--
``(A) encourage outdoor recreation and enjoyment of
nature;
``(B) to the extent practicable--
``(i) harmonize with the natural
environment of the National Forest System land
on which the activity or facility is located;
and
``(ii) be located within the developed
portions of the ski area;
``(C) be subject to such terms and conditions as
the Secretary determines to be appropriate; and
``(D) be authorized in accordance with--
``(i) the applicable land and resource
management plan; and
``(ii) applicable laws (including
regulations).
``(3) Inclusions.--Activities and facilities that may, in
appropriate circumstances, be authorized under paragraph (1)
include--
``(A) zip lines;
``(B) mountain bike terrain parks and trails;
``(C) frisbee golf courses; and
``(D) ropes courses.
``(4) Exclusions.--Activities and facilities that are
prohibited under paragraph (1) include--
``(A) tennis courts;
``(B) water slides and water parks;
``(C) swimming pools;
``(D) golf courses; and
``(E) amusement parks.
``(5) Limitation.--The Secretary may not authorize any
activity or facility under paragraph (1) if the Secretary
determines that the authorization of the activity or facility
would result in the primary recreational purpose of the ski
area permit to be a purpose other than skiing and other snow-
sports.
``(6) Boundary determination.--In determining the acreage
encompassed by a ski area permit under subsection (b)(3), the
Secretary shall not consider the acreage necessary for
activities and facilities authorized under paragraph (1).
``(7) Effect on existing authorized activities and
facilities.--Nothing in this subsection affects any activity or
facility authorized by a ski area permit in effect on the date
of enactment of this subsection during the term of the
permit.'';
(5) by striking subsection (d) (as redesignated by
paragraph (3)), and inserting the following:
``(d) Regulations.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to implement this section.''; and
(6) in subsection (e) (as redesignated by paragraph (3)),
by striking ``the National Environmental Policy Act, or the
Forest and Rangelands Renewable Resources Planning Act as
amended by the National Forest Management Act'' and inserting
``the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.)''.
SEC. 4. EFFECT.
Nothing in the amendments made by this Act establishes a legal
preference for the holder of a ski area permit to provide activities
and associated facilities authorized by section 3(c) of the National
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by
section 3). | Ski Area Recreational Opportunity Enhancement Act of 2011 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law.
Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and recreational uses authorized pursuant to this Act.
Requires each authorized activity and facility other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature, (2) harmonize with the natural environment of the National Forest System land on which it is located, (3) be located within the developed portions of the ski area, and (4) be authorized in accordance with the applicable land and resource management plan and applicable laws.
Specifies the activities and facilities that may be allowed or that are not allowed under a ski area permit issued pursuant to this Act.
Prohibits the Secretary of Agriculture (USDA) from authorizing any activity or facility under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing and other snow-sports.
Bars the Secretary from considering the acreage necessary for authorized activities and facilities in determining the acreage encompassed by a ski area permit.
Requires the Secretary to promulgate new regulations for the implementation of this Act. | {"src": "billsum_train", "title": "A bill to amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that is subject to ski area permits, and for other purposes."} | 1,185 | 351 | 0.726687 | 2.126672 | 0.813229 | 3.151613 | 3.574194 | 0.887097 |
SECTION 1. HOMELAND SECURITY CYBERSECURITY WORKFORCE.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:
``SEC. 226. CYBERSECURITY OCCUPATION CATEGORIES, WORKFORCE ASSESSMENT,
AND STRATEGY.
``(a) Short Title.--This section may be cited as the `Homeland
Security Cybersecurity Boots-on-the-Ground Act'.
``(b) Cybersecurity Occupation Categories.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall develop and
issue comprehensive occupation categories for individuals
performing activities in furtherance of the cybersecurity
mission of the Department.
``(2) Applicability.--The Secretary shall ensure that the
comprehensive occupation categories issued under paragraph (1)
are used throughout the Department and are made available to
other Federal agencies.
``(c) Cybersecurity Workforce Assessment.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and annually thereafter, the
Secretary shall assess the readiness and capacity of the
workforce of the Department to meet its cybersecurity mission.
``(2) Contents.--The assessment required under paragraph
(1) shall, at a minimum, include the following:
``(A) Information where cybersecurity positions are
located within the Department, specified in accordance
with the cybersecurity occupation categories issued
under subsection (b).
``(B) Information on which cybersecurity positions
are--
``(i) performed by--
``(I) permanent full time
departmental employees, together with
demographic information about such
employees' race, ethnicity, gender,
disability status, and veterans status;
``(II) individuals employed by
independent contractors; and
``(III) individuals employed by
other Federal agencies, including the
National Security Agency; and
``(ii) vacant.
``(C) The number of individuals hired by the
Department pursuant to the authority granted to the
Secretary in 2009 to permit the Secretary to fill 1,000
cybersecurity positions across the Department over a
three year period, and information on what challenges,
if any, were encountered with respect to the
implementation of such authority.
``(D) Information on vacancies within the
Department's cybersecurity supervisory workforce, from
first line supervisory positions through senior
departmental cybersecurity positions.
``(E) Information on the percentage of individuals
within each cybersecurity occupation category who
received essential training to perform their jobs, and
in cases in which such training is not received,
information on what challenges, if any, were
encountered with respect to the provision of such
training.
``(F) Information on recruiting costs incurred with
respect to efforts to fill cybersecurity positions
across the Department in a manner that allows for
tracking of overall recruiting and identifying areas
for better coordination and leveraging of resources
within the Department.
``(d) Workforce Strategy.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall develop,
maintain, and, as necessary, update, a comprehensive workforce
strategy that enhances the readiness, capacity, training,
recruitment, and retention of the cybersecurity workforce of
the Department.
``(2) Contents.--The comprehensive workforce strategy
developed under paragraph (1) shall include--
``(A) a multiphased recruitment plan, including
relating to experienced professionals, members of
disadvantaged or underserved communities, the
unemployed, and veterans;
``(B) a 5-year implementation plan;
``(C) a 10-year projection of the Department's
cybersecurity workforce needs; and
``(D) obstacles impeding the hiring and development
of a cybersecurity workforce at the Department.
``(e) Information Security Training.--Not later than 270 days after
the date of the enactment of this section, the Secretary shall
establish and maintain a process to verify on an ongoing basis that
individuals employed by independent contractors who serve in
cybersecurity positions at the Department receive initial and recurrent
information security training comprised of general security awareness
training necessary to perform their job functions, and role-based
security training that is commensurate with assigned responsibilities.
The Secretary shall maintain documentation to ensure that training
provided to an individual under this subsection meets or exceeds
requirements for such individual's job function.
``(f) Updates.--The Secretary shall submit to the appropriate
congressional committees annual updates regarding the cybersecurity
workforce assessment required under subsection (c), information on the
progress of carrying out the comprehensive workforce strategy developed
under subsection (d), and information on the status of the
implementation of the information security training required under
subsection (e).
``(g) GAO Study.--The Secretary shall provide the Comptroller
General of the United States with information on the cybersecurity
workforce assessment required under subsection (c) and progress on
carrying out the comprehensive workforce strategy developed under
subsection (d). The Comptroller General shall submit to the Secretary
and the appropriate congressional committees a study on such assessment
and strategy.
``(h) Cybersecurity Fellowship Program.--Not later than 120 days
after the date of the enactment of this section, the Secretary shall
submit to the appropriate congressional committees a report on the
feasibility of establishing a Cybersecurity Fellowship Program to offer
a tuition payment plan for undergraduate and doctoral candidates who
agree to work for the Department for an agreed-upon period of time.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding after the item relating to section 225
the following new item:
``Sec. 226. Cybersecurity occupation categories, workforce assessment,
and strategy.''.
SEC. 2. PERSONNEL AUTHORITIES.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002, as amended by section 1 of this Act, is further amended by
adding at the end the following new section:
``SEC. 227. PERSONNEL AUTHORITIES.
``(a) In General.--
``(1) Personnel authorities.--The Secretary may exercise
with respect to qualified employees of the Department the same
authority that the Secretary of Defense has with respect to
civilian intelligence personnel and the scholarship program
under sections 1601, 1602, 1603, and 2200a of title 10, United
States Code, to establish as positions in the excepted service,
appoint individuals to such positions, fix pay, and pay a
retention bonus to any employee appointed under this section if
the Secretary determines that such is needed to retain
essential personnel. Before announcing the payment of a bonus
under this paragraph, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a written explanation of such determination. Such
authority shall be exercised--
``(A) to the same extent and subject to the same
conditions and limitations that the Secretary of
Defense may exercise such authority with respect to
civilian intelligence personnel of the Department of
Defense; and
``(B) in a manner consistent with the merit system
principles set forth in section 2301 of title 5, United
States Code.
``(2) Civil service protections.--Sections 1221 and 2302,
and chapter 75 of title 5, United States Code, shall apply to
the positions established pursuant to the authorities provided
under paragraph (1).
``(3) Plan for execution of authorities.--Not later than
120 days after the date of the enactment of this section, the
Secretary shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report that
contains a plan for the use of the authorities provided under
this subsection.
``(b) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter for four years, the
Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a detailed report (including
appropriate metrics on actions occurring during the reporting period)
that discusses the processes used by the Secretary in implementing this
section and accepting applications, assessing candidates, ensuring
adherence to veterans' preference, and selecting applicants for
vacancies to be filled by a qualified employee.
``(c) Definition of Qualified Employee.--In this section, the term
`qualified employee' means an employee who performs functions relating
to the security of Federal civilian information systems, critical
infrastructure information systems, or networks of either of such
systems.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding after the item relating to section 226
(as added by section 1 of this Act) the following new item:
``Sec. 227. Personnel authorities.''.
SEC. 3. CLARIFICATION REGARDING AUTHORIZATION OF APPROPRIATIONS.
No additional amounts are authorized to be appropriated by reason
of this Act or the amendments made by this Act.
Passed the House of Representatives July 28, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) Amends the Homeland Security Act of 2002 to add provisions entitled the Homeland Security Cybersecurity Boots-on-the-Ground Act, which require the Secretary of Homeland Security (DHS) to: (1) develop occupation categories for individuals performing activities in furtherance of DHS's cybersecurity mission, (2) ensure that such categories may be used throughout DHS and are made available to other federal agencies, and (3) conduct an annual assessment of the readiness and capacity of the DHS workforce to meet its cybersecurity mission. Directs the Secretary to include in such readiness assessment information on which cybersecurity positions are performed by: (1) permanent full time departmental employees (together with demographic information about such employees' race, ethnicity, gender, disability status, and veterans status); (2) individuals employed by independent contractors; and (3) individuals employed by other federal agencies, including the National Security Agency (NSA). Requires the assessment to address vacancies within the supervisory workforce, job training, and recruiting costs. Directs the Secretary to develop: (1) a workforce strategy that enhances the readiness, capacity, training, recruitment, and retention of the DHS cybersecurity workforce, including a multi-phased recruitment plan, a 5-year implementation plan, and a 10-year projection of DHS workforce needs; and (2) a process to verify that employees of independent contractors who serve in DHS cybersecurity positions receive initial and recurrent information security and role-based security training commensurate with assigned responsibilities. Requires the Secretary to provide Congress with annual updates regarding such strategies, assessments, and training. Requires the Comptroller General (GAO) to study and report to the Secretary and Congress with respect to such assessments and strategies. Directs the Secretary to report to Congress regarding the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work for DHS for an agreed-upon period of time. (Sec. 2) Authorizes the Secretary to exercise personnel authorities (in the same manner as the Secretary of Defense [DOD] exercises authority with respect to civilian intelligence personnel and scholarship programs) to establish positions in the excepted service, appoint individuals, fix pay, and pay retention bonuses if needed to retain essential DHS employees who perform functions relating to the security of federal civilian information systems, critical infrastructure information systems, or related networks. Requires the Secretary to provide an explanation to Congress before announcing a bonus. Requires the Secretary to provide an annual report to Congress for a specified period regarding the processes used in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by a qualified employee. | {"src": "billsum_train", "title": "Homeland Security Cybersecurity Boots-on-the-Ground Act"} | 2,060 | 582 | 0.666653 | 2.068264 | 0.5857 | 3.795802 | 3.641221 | 0.906489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Environment Act of
1993''.
SEC. 2. UNIFORM INDOOR AIR POLICY.
(a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601
et seq.) is amended by adding at the end the following new title:
``TITLE V--UNIFORM INDOOR AIR POLICY WITH RESPECT TO ENVIRONMENTAL
TOBACCO SMOKE
``SEC. 501. PURPOSE.
``The purpose of this title is to establish a uniform indoor air
standard for public facilities with respect to environmental tobacco
smoke.
``SEC. 502. DEFINITIONS.
``As used in this title:
``(1) Environmental tobacco smoke.--The term `environmental
tobacco smoke' means smoke emitted from a cigarette, cigar, or
pipe, or any other combustion of tobacco.
``(2) Public facility.--The term `public facility'--
``(A) means a building regularly entered by 10 or
more individuals at least 1 day per week, including a
building owned by or leased to a Federal, State, or
local government entity; and
``(B) does not include a building or portion of a
building regularly used for residential purposes.
``(3) Responsible entity.--The term `responsible entity'
means, with respect to a public facility, the owner of the
facility, except that in the case of a facility or portion of a
facility that is leased, the term means the lessee of the
facility.
``SEC. 503. UNIFORM INDOOR AIR POLICY.
``(a) Requirement of Policy.--
``(1) In general.--Except as provided in subsection (b),
the responsible entity for each public facility shall adopt and
carry out at the facility a uniform indoor air policy that
meets the requirements of paragraph (2).
``(2) Elements of policy.--
``(A) In general.--Except as provided in
subparagraph (B), each uniform indoor air policy for a
public facility shall--
``(i) prohibit the emission of
environmental tobacco smoke within the facility
and on facility property within the immediate
vicinity of the entrance to the facility; and
``(ii) post a clear and prominent notice of
the prohibition specified in clause (i) in
appropriate and visible locations at the public
facility.
``(B) Exception for specially designated smoking
areas.--
``(i) In general.--A uniform indoor air
policy may provide an exception to the
prohibition specified in subparagraph (A)(i)
for 1 or more specially designated smoking
areas within a public facility if each area
meets the requirements of clause (ii).
``(ii) Requirements.--An area meets the
requirements for a specially designated smoking
area referred to in clause (i) if--
``(I) the area is ventilated in
accordance with specifications issued
by the Administrator that ensure that
air from the area is directly exhausted
to the outside and does not recirculate
or drift to other areas within the
public facility; and
``(II) nonsmoking individuals do
not have to enter the area for any
purpose.
``(b) Waivers.--
``(1) In general.--A responsible entity for a public
facility may petition the Administrator for a waiver from
compliance with subsection (a). If the Administrator determines
that the public facility is subject to unusual and extenuating
circumstances that prevent the compliance, the Administrator
may grant the waiver and instead require that the facility
protect nonsmokers to the maximum extent practicable.
``(2) Term of waiver.--Each waiver granted under this
subsection shall be for a period of not to exceed 1 year.
``(3) Publication.--Each petition for a waiver and a
summary of subsequent actions taken by the Administrator shall
be published in the Federal Register.
``(4) Report to congress.--The Administrator shall annually
report to Congress on all waivers granted during the preceding
year.
``SEC. 504. ENFORCEMENT.
``(a) Penalties.--
``(1) In general.--A person subject to section 503 who
fails to comply with such section shall be liable to the United
States for a civil penalty in an amount not to exceed $5,000
for each day during which the violation continues.
``(2) Use of penalties.--A court may order that a civil
penalty imposed under this section be used for projects that
further the purpose of this title. The court shall obtain the
view of the Administrator in determining whether to issue an
order described in the preceding sentence and in selecting the
projects.
``(b) Bringing of Actions.--
``(1) In general.--Subject to paragraph (2), an action to
enforce section 503 may be brought by a person aggrieved by a
violation of such section, a State or local government agency,
or the Administrator.
``(2) Notice.--An aggrieved person referred to in paragraph
(1) shall give an alleged violator notice of the alleged
violation not less than 60 days before bringing an action under
this section. An aggrieved person may not bring an action under
this section if the alleged violator complies with section 503
within the 60-day period and thereafter.
``(c) Venue.--An action to enjoin a violation of section 503 or to
impose a civil penalty for a violation of such section may be brought
in a district court of the United States for the district in which the
defendant resides or is doing business. The district court shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce section 503 and to impose civil
penalties under this section.
``(d) Costs.--In issuing a final order in an action brought under
this section, a court may award costs of litigation (including
reasonable attorney and expert witness fees) to a prevailing plaintiff,
if the court determines that the award is appropriate.
``SEC. 505. PREEMPTION.
``Nothing in this title shall preempt or otherwise affect any other
Federal, State, or local law that provides protection from health
hazards from environmental tobacco smoke.
``SEC. 506. REGULATIONS.
``The Administrator may issue such regulations as the Administrator
considers necessary to carry out this title.''.
(b) Effective Date.--This section and the amendment made by this
section shall become effective on the date that is 1 year after the
date of enactment of this Act. | Smoke-Free Environment Act of 1993 - Amends the Toxic Substances Control Act to require the responsible entity for each public facility to adopt a uniform indoor air policy that meets the requirements of this Act. Defines a "public facility" as a building regularly entered by ten or more individuals at least one day per week, including a building owned by or leased to a Federal, State, or local governmental entity and excluding a building regularly used for residential purposes.
Requires such policy to: (1) prohibit the emission of environmental tobacco smoke within the facility and on facility property within the immediate vicinity of the facility's entrance; and (2) provide for the posting of a notice of such prohibition in visible locations at the facility. Permits such policy to provide an exception to the prohibition for specially designated smoking areas within a facility if: (1) the areas are ventilated to ensure that air is directly exhausted to the outside and does not recirculate or drift to other areas within the facility; and (2) nonsmoking individuals do not have to enter such areas for any purpose.
Authorizes waivers from compliance with this Act if a facility is subject to unusual and extenuating circumstances. Limits waivers to one-year periods.
Prescribes civil penalties for violations of this Act. | {"src": "billsum_train", "title": "Smoke-Free Environment Act of 1993"} | 1,507 | 286 | 0.658318 | 1.794256 | 0.819936 | 3.669323 | 5.322709 | 0.904382 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``U.S. Participation
in Cuban Energy Exploration Act of 2007''.
(b) Findings.--The Congress finds:
(1) Current Federal laws and policies bar United States
nationals, including United States companies, from taking part
in exploration for and development of energy resources in areas
where such activities are controlled by the Government of Cuba.
(2) Other countries do not impose the same restriction on
people and companies subject to their jurisdiction, so the
restriction penalizes United States nationals and companies
without affecting the ability of the Cuban Government to
benefit from those exploration and development activities.
(3) It is in the national interest for United States
nationals, including United States companies, to be able to
compete for the opportunity to develop those resources if the
Government of Cuba decides to allow such development and if the
development is done in a manner consistent with protection of
the environment.
(c) Purpose.--The purpose of this Act is to allow United States
nationals, including United States companies, to take part in
exploration for and development of energy resources in offshore areas
near Cuba and in other similar offshore areas outside of but contiguous
to the exclusive economic zone of the United States.
SEC. 2. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON
RESOURCES BY UNITED STATES PERSONS.
(a) Authorization.--Notwithstanding the provisions of law referred
to in subsection (b), and subject to subsection (c), United States
persons (including agents and affiliates of those United States
persons) may--
(1) engage in any transaction necessary for the exploration
for and extraction of hydrocarbon resources from any portion of
a foreign exclusive economic zone that is contiguous to the
exclusive economic zone of the United States;
(2) export without license authority all equipment
necessary for the exploration for or extraction of hydrocarbon
resources described in paragraph (1); and
(3) import into the United States hydrocarbon resources
extracted under the authority of this section, and products
thereof.
(b) Provisions of Law Inapplicable.--The provisions of law referred
to in subsection (a) are--
(1) section 620(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(a));
(2) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 et seq.);
(3) the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et
seq.);
(4) part 515 of title 31, Code of Federal Regulations
(Cuban Assets Control Regulations); and
(5) any other law, Executive order, or regulation
prohibiting exports to or imports from Cuba, or transactions in
property in which a Cuban national has an interest.
(c) Applicability of Environmental Laws.--Any exploration for or
extraction of hydrocarbon resources by a United States person within an
area described in subsection (a)(1) shall be subject to the same laws,
rules, and regulations for the protection of fish, wildlife, and the
environment that are applicable to such activities within the exclusive
economic zone of the United States.
SEC. 3. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION
AND EXTRACTION ACTIVITIES.
(a) General License Authority for Travel-Related Expenditures by
Persons Engaging in Hydrocarbon Exploration and Extraction
Activities.--The Secretary of the Treasury shall authorize under a
general license the travel-related transactions listed in section
515.560(c) of title 31, Code of Federal Regulations, for travel to,
from, or within Cuba in connection with exploration for and the
extraction of hydrocarbon resources in any part of a foreign maritime
exclusive economic zone that is contiguous to the exclusive economic
zone of the United States.
(b) Persons Authorized.--Persons authorized to travel to Cuba under
this section include full-time employees, executives, agents, and
consultants of producers, distributors, and shippers of hydrocarbon
resources.
SEC. 4. DEFINITIONS.
In this Act--
(1) the term ``exclusive economic zone of the United
States'' means the exclusive economic zone of the United States
established by Proclamation 5030 of March 10, 1983 (16 U.S.C.
1453 note);
(2) the term ``foreign exclusive economic zone'' means an
economic zone contiguous to the territorial sea of a foreign
country that is asserted by the government of that country; and
(3) the term ``United States person'' means--
(A) any United States citizen or alien lawfully
admitted for permanent residence in the United States;
and
(B) any person other than an individual, if 1 or
more individuals described in subparagraph (A) own or
control at least 51 percent of the securities or other
equity interest in that person. | U.S. Participation in Cuban Energy Exploration Act of 2007 - Authorizes U.S. persons to: (1) engage in the exploration for and extraction of hydrocarbon resources from any portion of a foreign exclusive economic zone that is contiguous to the U.S. exclusive economic zone; (2) export without license authority all equipment necessary for such activities; and (3) import such extracted hydrocarbon resources into the United States.
Directs the Secretary of the Treasury to authorize under a general license specified travel-related transactions for travel to, from, or within Cuba in connection with such activities. | {"src": "billsum_train", "title": "To allow United States persons to participate in energy development offshore from Cuba and other nearby countries."} | 1,108 | 124 | 0.6274 | 1.62169 | 0.604638 | 5.101852 | 9.046296 | 0.972222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Forensic Evidence
Reporting Act of 2017'' or the ``SAFER Act of 2017''.
SEC. 2. BEST PRACTICES FOR RAPE KIT RETENTION OF SEXUAL ASSAULT
FORENSIC EVIDENCE FOR UNSOLVED CRIMES.
(a) In General.--Section 414 of the Justice for All Act of 2004 (42
U.S.C. 14136f) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``and the Director of the
Bureau of Justice Assistance'' after
``Justice''; and
(ii) by striking ``and government'' and
inserting ``, government''; and
(iii) by inserting ``and other national and
State subject matter experts,'' before
``shall''; and
(B) in paragraph (1)--
(i) by inserting ``and encourage compliance
with'' after ``establish''; and
(ii) by inserting ``connected to cases in
which no person is currently convicted,
including best practices for the preservation
of sexual assault evidence collection kits or
their probative contents for unsolved cases''
before the semicolon at the end;
(2) by striking subsection (b) and inserting the following:
``(b) Deadlines.--The Director of the National Institute of Justice
and the Director of the Bureau of Justice Assistance shall--
``(1) not later than December 31, 2018, publish the best
practices established under subsection (a)(1); and
``(2) not later than 5 years after the date on which the
best practices are established under subsection (a)(1), and
once every 5 years thereafter, conduct a review of the best
practices, and update the best practices as necessary.''; and
(3) in subsection (c), by inserting ``, except as otherwise
required under section 3772 of title 18, United States Code''
before the period at the end.
(b) Sexual Assault Survivors' Rights.--Section 3772(a)(2)(A) of
title 18, United States Code, is amended by striking ``subject to
paragraph (3),''.
SEC. 3. PEDIATRIC SEXUAL ASSAULT NURSE EXAMINERS.
Section 304(c)(2) of the DNA Sexual Assault Justice Act of 2004 (42
U.S.C. 14136a) is amended--
(1) by inserting ``, both adult and pediatric,'' after
``role of forensic nurses''; and
(2) by striking ``and elder abuse'' and inserting ``elder
abuse, and, in particular, the need for pediatric sexual
assault nurse examiners, including such nurse examiners working
in the multidisciplinary setting, in responding to abuse of
both children and adolescents''.
SEC. 4. PROSECUTION OF DNA COLD CASES.
(a) Debbie Smith DNA Backlog Grant Program.--Section 2 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) To increase the capacity of State and local
prosecution offices to address the backlog of violent crime
cases in which suspects have been identified through DNA
evidence.''; and
(2) in subsection (c), by adding at the end the following:
``(5) Allocation of grant awards for prosecutors.--For each
fiscal year, not less than 5 percent, but not more than 7
percent, of the grant amounts distributed under paragraph (1)
shall, if sufficient applications to justify such amounts are
received by the Attorney General, be awarded for purposes
described in subsection (a)(9), provided that none of the funds
required to be distributed under this paragraph shall decrease
or otherwise limit the availability of funds required to be
awarded to States or units of local government under paragraph
(3).''.
(b) Justice for All Reauthorization Act of 2016.--Section 3(a) of
the Justice for All Reauthorization Act of 2016 (Public Law 114-324;
130 Stat. 1949) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) not less than 5 percent, but not more than 7 percent,
of such amounts shall be provided for grants for prosecutors to
increase the capacity of State and local prosecution offices to
address the backlog of violent crime cases in which suspects
have been identified through DNA evidence.''.
SEC. 5. REDUCING THE RAPE KIT BACKLOG.
(a) Reauthorization.--Section 2(c)(4) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135(c)(4)) is amended by striking
``2017'' and inserting ``2022''.
(b) Repeal of Sunset.--
(1) In general.--Section 1006 of the SAFER Act of 2013 (42
U.S.C. 14135 note) is repealed.
(2) Technical and conforming amendment.--The table of
contents for the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4; 127 Stat. 54) is amended by striking
the item relating to section 1006. | Sexual Assault Forensic Evidence Reporting Act of 2017 or the SAFER Act of 2017 This bill amends the Innocence Protection Act of 2004 to modify requirements with respect establishing and implementing best practices for evidence retention. The bill amends the DNA Sexual Assault Justice Act of 2004 to require the Department of Justice (DOJ), in providing information about the role of forensic nurses to certain health-related entities, to provide information about the role of both adult and pediatric forensic nurses. DOJ must also provide additional information on the need for pediatric sexual assault nurse examiners in responding to the abuse of both children and adolescents. The bill amends the DNA Analysis Backlog Elimination Act of 2000 to modify the Debbie Smith DNA Backlog Grant Program: to add, as a purpose area, increasing the capacity of prosecutors to address the backlog of violent crime cases involving suspects identified through DNA evidence; and to reauthorize through FY2022 the requirement for DOJ to allocate a certain percentage of program funds for grants to audit backlogged rape kits. | {"src": "billsum_train", "title": "Sexual Assault Forensic Evidence Reporting Act of 2017"} | 1,236 | 228 | 0.506074 | 1.496819 | 0.721957 | 2.267016 | 5.680628 | 0.727749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Healthy Eating Behaviors
in Youth Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Anorexia Nervosa is an eating disorder characterized by
self-starvation and excessive weight loss.
(2) Anorexia Nervosa is common: an estimated .5 to 3.7
percent of American women will suffer from this disorder in
their lifetime.
(3) Anorexia Nervosa is associated with serious health
consequences including heart failure, kidney failure,
osteoporosis, and death.
(4) Anorexia Nervosa has the highest mortality rate of all
psychiatric disorders. A young woman is 12 times more likely to
die than other women her age without Anorexia.
(5) Anorexia Nervosa usually appears in adolescence.
(6) Bulimia Nervosa is an eating disorder characterized by
excessive food consumption followed by inappropriate
compensatory behaviors, such as self-induced vomiting, misuse
of laxatives, fasting, or excessive exercise.
(7) Bulimia Nervosa is common: an estimated 1.1 to 4.2
percent of American women will suffer from this disorder in
their lifetime.
(8) Bulimia Nervosa is associated with cardiac,
gastrointestinal, and dental problems including irregular
heartbeats, gastric rupture, peptic ulcer, and tooth decay.
(9) Bulimia Nervosa usually appears in adolescence.
(10) On the 1999 Youth Risk Behavior Survey, 7.5 percent of
high school girls reported recent use of laxatives or vomiting
to control their weight.
(11) Binge Eating Disorder is characterized by frequent
episodes of uncontrolled overeating.
(12) Binge Eating Disorder is common: an estimated 2 to 5
percent of Americans experience this disorder in a 6-month
period.
(13) Binge Eating is associated with obesity, heart
disease, gall bladder disease, and diabetes.
(14) Eating disorders are commonly associated with
substantial psychological problems, including depression,
substance abuse, and suicide.
(15) Obesity is reaching epidemic proportions: 27 percent
of United States adults are obese and 13 percent of children
and 14 percent of adolescents are seriously overweight.
(16) Poor eating habits have led to a ``calcium crisis''
among American youth: only 13.5 percent of adolescent girls get
the recommended daily amount of calcium, placing them at
serious risk for osteoporosis and other bone diseases. Because
nearly 90 percent of adult bone mass is established by the end
of this age range, the Nation's youth's insufficient calcium
intake is truly a calcium crisis.
(17) Eating disorders of all types are more common in women
than men.
(18) Eating preferences and habits are established in
childhood.
(19) Poor eating habits are a risk factor for the
development of eating disorders, obesity and osteoporosis.
(20) However, simply urging overweight youth to be thin has
not reduced the prevalence of obesity and may result in other
problems including body dissatisfaction, low self-esteem, and
eating disorders.
(21) Therefore, effective interventions for promoting
healthy eating behaviors in youth should promote healthy
lifestyle and not inadvertently promote unhealthy weight
management techniques.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To increase preventive health activities designed to
promote the development of healthy eating habits and behaviors
in youth.
(2) To support research to develop and test educational
curricula and intervention programs aimed at promoting healthy
eating habits and behaviors in youth.
(3) To identify and disseminate effective intervention
programs aimed at promoting healthy eating habits and behaviors
in youth.
SEC. 4. AMENDMENTS.
(a) Use of Allotments.--Section 1904(a)(1) of the Public Health
Service Act (42 U.S.C. 300w-3) is amended by adding after subparagraph
(G) the following:
``(H) Activities designed to address and prevent eating
disorders, obesity, and osteoporosis through effective programs
to promote healthy eating and exercise habits and behaviors in
youth.''.
(b) Part A of title XIX of the Public Health Service Act (42 U.S.C.
300w et seq.) is amended by adding after section 1910 the following:
``SEC. 1911. GRANT PROGRAM FOR EATING DISORDERS, OBESITY, AND
INADEQUATE CALCIUM INTAKE.
``(a) Program Authorized.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention (hereafter
the `Director'), shall award grants or cooperative agreements to
accredited universities, colleges, or nonprofit organizations with
demonstrated capability to conduct research to comprehensively promote
healthy eating behaviors in youth. Such grants or cooperative
agreements may be awarded to target youth or specific at-risk
populations, such as adolescent girls.
``(b) Duration.--Grants or cooperative agreements awarded under
this section shall be awarded for a period of not more than 4 years.
``(c) Use of Funds.--A university, college, or nonprofit
organization that receives a grant or cooperative agreement under this
section shall use funds received to develop and test educational
curricula and intervention programs designed to promote healthy eating
behaviors and habits in youth, including science-based interventions
with multiple components such as--
``(1) nutritional content;
``(2) understanding and responding to hunger and satiety;
``(3) positive body image development;
``(4) positive self-esteem development; and
``(5) learning life skills, such as stress management,
communication skills, problem solving and decision making
skills, as well as consideration of cultural and developmental
issues, and the role of family, school, and community.
``(d) In Addition.--Grants or cooperative agreements awarded under
this section shall be awarded in addition to any grants awarded under
section 1904.
``(e) Report.--The Director shall review the results of the grants
or cooperative agreements awarded under this section and other related
research and identify programs that have demonstrated effectiveness in
promoting healthy eating behaviors and habits in youth. Such programs
shall be referred to as ``Programs that Work''. Information about
Programs that Work, including program curricula, shall be made readily
available to the public.
``(f) Definition.--In this section, the term `healthy eating' means
having regular eating habits, such as eating 3 meals a day to satisfy
hunger, eating for nourishment, health, and energy, eating in such a
manner as to acknowledge internal signals of appetite and satiety, and
eating in a healthy manner in ordinary social environments to promote
healthy social relationships with family, peers, and community.
``(g) Sunset.--The provisions of this section shall be effective
for 5 years after the date of enactment of this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year
2003, $5,500,000 for fiscal year 2004, $6,000,000 for fiscal year 2005,
$6,500,000 for year 2006, and $1,000,000 for year 2007.''. | Promoting Healthy Eating Behaviors in Youth Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to award research grants or make cooperative agreements for up to four years for the promotion of healthy eating behaviors in youth, specifically at-risk populations such as adolescent girls.Includes nutritional content, hunger and satiety, positive body image and self-esteem development, and life skills among the components of such a program.Requires the Director to evaluate the results and identify "Programs that Work" for dissemination to the public. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a grant program regarding eating disorders, and for other purposes."} | 1,593 | 142 | 0.369693 | 1.070019 | 0.517247 | 2.737288 | 12.186441 | 0.872881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximum Economic Growth for America
Through Safety Improvements Act'' or the ``MEGA Safe Act''.
SEC. 2. SCHOOL CROSSING ZONE AND OTHER PEDESTRIAN AND BICYCLE CROSSING
ZONE IMPROVEMENT PROGRAM.
Section 104 of title 23, United States Code, is amended--
(1) by redesignating subsections (e) through (l) as
subsections (f) through (m), respectively; and
(2) by inserting after subsection (d) the following:
``(e) School Crossing Zone and Other Pedestrian and Bicycle
Crossing Zone Improvements.--
``(1) In general.--Before making an apportionment under
subsection (b)(3) for a fiscal year, the Secretary shall set
aside $25,000,000 for the fiscal year for carrying out a
program to assist local governments in placing fluorescent
yellow-green signs to mark school zone crossing and other
pedestrian and bicycle highway crossing zones.
``(2) Eligible projects.--Amounts made available under
paragraph (1) for obligation at the discretion of the Secretary
may be obligated only for projects to--
``(A) place fluorescent yellow-green signs to mark
school zone crossing or other pedestrian or bicycle
crossing zones where no crossing signs exist;
``(B) replace existing yellow signs with
fluorescent yellow-green signs to mark school zone
crossing or other pedestrian or bicycle crossing zones;
or
``(C) replace damaged or worn fluorescent yellow-
green signs to mark school zone crossing or other
pedestrian or bicycle crossing zones.
``(3) Off-system crossings.--Amounts made available under
paragraph (1) for obligation at the discretion of the Secretary
may be obligated for eligible projects located on any public
road.
``(4) Minimum distribution.--In obligating funds under this
subsection, the Secretary shall ensure that, for each fiscal
year, not less than 0.5 percent of funds set aside under
paragraph (1) are obligated for projects in each State.
``(5) Applicable law.--The use of funds obligated under
this subsection shall be in accordance with applicable State
law and the Manual on Uniform Traffic Control Devices.
``(6) Federal share.--The Federal share of the cost of any
project carried out using funds obligated under this subsection
shall be 100 percent.''.
SEC. 3. RURAL LOCAL ROADS SAFETY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) In general.--
(A) Eligible activity.--
(i) In general.--The term ``eligible
activity'' means a project or activity that--
(I) is carried out only on public
roads that are functionally classified
as rural minor collector or rural local
roads (and is not carried out on a
Federal aid highway); and
(II) provides a safety benefit.
(ii) Inclusions.--The term ``eligible
activity'' includes--
(I) a project or program such as
those described in section 133(d)(1) of
title 23, United States Code;
(II) road surfacing or resurfacing;
(III) improvement or maintenance of
local bridges;
(IV) road reconstruction or
improvement;
(V) installation or improvement of
signage, signals, or lighting;
(VI) a maintenance activity that
provides a safety benefit (including
repair work, striping, surface marking,
or a similar safety precaution); or
(VII) acquisition of materials for
use in projects described in any of
subclauses (I) through (VI).
(B) Program.--The term ``program'' means the rural
local roads safety pilot program established under
subsection (b).
(C) State.--The term ``State'' does not include the
District of Columbia or Puerto Rico.
(2) Other terms.--Except as otherwise provided, terms used
in this section have the meanings given those terms in title
23, United States Code.
(b) Establishment.--The Secretary shall establish a rural local
roads safety pilot program to carry out eligible activities.
(c) Allocation of Funds With Respect to States.--For each fiscal
year, funds made available to carry out this section shall be allocated
by the Secretary to the State transportation department in each of the
States in the ratio that--
(1) the relative share of the State under section 105 of
title 23, United States Code, for a fiscal year; bears to
(2) the total shares of all 50 States under that section
for the fiscal year.
(d) Allocation of Funds Within States.--Each State that receives
funds under subsection (c) shall allocate those funds within the State
as follows:
(1) Counties.--Except as provided in paragraph (2) and
subject to paragraph (3), a State shall allocate to each county
in the State an amount in the ratio that--
(A) the public road miles within the county that
are functionally classified as rural local roads or
rural minor collector roads; bears to
(B) the total of all public road miles within all
counties in the State that are functionally classified
as rural local roads or rural minor collector roads.
(2) Alternative formula for allocation.--Paragraph (1)
shall not apply to a State if the State transportation
department certifies to the Secretary that the State has in
effect an alternative formula or system for allocation of funds
received under subsection (c) (including an alternative formula
or system that permits allocations to political subdivisions or
groups of political subdivisions, in addition to individual
counties, in the State) that--
(A) was developed under the authority of State law;
and
(B) provides that funds allocated to the State
transportation department under this section will be
allocated within the State in accordance with a program
that includes selection by local governments of
eligible activities funded under this section.
(3) Administrative expenses.--Before allocating amounts
under paragraph (1) or (2), as applicable, a State
transportation department may retain not more than 10 percent
of an amount allocated to the State transportation department
under subsection (c) for administrative costs incurred in
carrying out this section.
(e) Project Selection.--
(1) By county.--If an allocation of funds within a State is
made under subsection (d)(1), counties within the State to
which the funds are allocated shall select eligible activities
to be carried out using the funds.
(2) By state alternative.--If an allocation of funds within
a State is made under subsection (d)(2), eligible activities to
be carried out using the funds shall be selected in accordance
with the State alternative.
(f) Obligation.--Funds made available to carry out this section
shall be available for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23, United States Code.
(g) Federal Share.--The Federal share of the cost of an eligible
activity carried out under this section shall be 100 percent.
(h) Report.--Not later than January 1, 2009, after providing
States, local governments, and other interested parties an opportunity
for comment, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes progress made in carrying out the program;
and
(2) includes recommendations as to whether the program
should be continued or modified.
(i) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $200,000,000 for each of fiscal
years 2004 through 2009.
SEC. 4. AGGRESSIVE DRIVING PREVENTION.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
``Sec. 150. Aggressive driving prevention
``(a) Designation.--The left lane of each highway on the Interstate
System is designated as a national passing lane.
``(b) Education.--The Secretary shall provide not less than
$1,000,000 to each of the 50 States and the District of Columbia to
provide information to the public on using national passing lanes
designated under subsection (a) for passing only, and specifically to
inform motor vehicle operators that an operator of a vehicle in the
left lane should always move to the right lane to permit other vehicles
to pass on the left.
``(c) Funding.--There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to carry out
this section $51,000,000 for fiscal year 2003 and each fiscal year
thereafter.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 149 the following:
``150. Aggressive driving prevention.''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2003.
SEC. 5. SAFE DRIVING INVOLVING PASSENGER VEHICLES AND TRUCKS.
(a) Grant.--As soon as practicable after the date of enactment of
this Act, the Secretary of Transportation shall provide jointly to the
American Trucking Associations and the American Automobile Association
a grant in the amount of $1,000,000 to be used to conduct a study to
identify the most effective means by which--
(1) drivers of passenger vehicles may be educated
concerning the hazards, and the safest manner, of driving in
the presence of tractor-trailers and other commercial trucks;
and
(2) drivers of tractor-trailers and other commercial trucks
may be educated concerning the hazards, and the safest manner,
of driving in the presence of passenger vehicles.
(b) Reports.--As a condition of receiving the grant under
subsection (a), the American Trucking Associations and American
Automobile Association shall agree to jointly submit to the appropriate
committees of Congress--
(1) not later than October 1, 2003, an interim report that
describes the progress of those associations in carrying out
the study described in subsection (a); and
(2) not later than October 1, 2004, a final report that
describes the results of the study, including any
recommendations of those associations.
SEC. 6. WORKZONE SAFETY.
The Secretary of Transportation shall require that, effective 180
days after the date of enactment of this Act, for each highway project
(within the meaning of title 23, United States Code) that uses Federal
funds, a trained and certified person shall be responsible for ensuring
that any traffic control plan is effectively administered.
SEC. 7. CONFORMING AMENDMENTS.
(a) Section 351 of the Department of Transportation and Related
Agencies Appropriations Act, 2001 (114 Stat. 1356, 1356A-34) is
repealed.
(b) Section 154(c)(2) of title 23, United States Code, is amended
by striking the paragraph heading and all that follows through
``thereafter,'' and inserting the following:
``(2) Other fiscal years.--On October 1, 2002,''.
(c) Section 164(b)(2) of title 23, United States Code, is amended
by striking the paragraph heading and all that follows through
``thereafter,'' and inserting the following:
``(2) Other fiscal years.--On October 1, 2002,''. | Maximum Economic Growth for America Through Safety Improvements Act (MEGA Safe Act) - Directs the Secretary of Transportation: (1) before making an apportionment for the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, or the Surface Transportation program for a fiscal year, to set aside specified funds to carry out a program to assist local governments in placing fluorescent yellow-green signs to mark school zone crossing and other pedestrian and bicycle highway crossing zones; and (2) to establish a rural local roads safety pilot program to carry out construction, improvement, and maintenance activities that provide a safety benefit.Designates the left lane of each highway on the Interstate System as a national passing lane. Directs the Secretary to provide not less than $1 million to each State and the District of Columbia to inform the public that: (1) passing lanes should be used for passing only; and (2) motor vehicle operators in the left lane should always move to the right to permit other vehicles to pass.Requires the Secretary to provide jointly to the American Trucking Association and the American Automobile Association a $1 million grant to identify the most effective means by which drivers of passenger vehicles and commercial trucks may be educated concerning the hazards, and the safest manner, of driving in each other's presence.Directs the Secretary to require that a trained and certified person be responsible for ensuring the effective administration of any traffic control plan of a highway project that uses Federal funds. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to establish programs to encourage economic growth in the United States, and for other purposes."} | 2,479 | 313 | 0.583377 | 1.761773 | 0.784115 | 3.979021 | 8.059441 | 0.944056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 2007''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2007
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2007, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the bill H.R. ____ of the One
Hundred Tenth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2007 under section 102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall notify promptly the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2007 the sum of
$990,000,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2007.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 1,539 full-time personnel as of September
30, 2007. Personnel serving in such elements may be permanent employees
of the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2007 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available until
September 30, 2007.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2007, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2007
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of National Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2007 the sum of
$256,400,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States. | Intelligence Authorization Act for Fiscal Year 2007 - Authorizes appropriations for FY2007 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Departments of State, the Treasury, Energy, and Justice; (8) Federal Bureau of Investigation (FBI); (9) National Reconnaissance Office; (10) National Geospatial-Intelligence Agency; (11) Coast Guard; (12) Department of Homeland Security; and (13) Drug Enforcement Administration (DEA).
Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2007, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
Allows the Director of Central Intelligence, with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY2007 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority.
Authorizes appropriations for the Intelligence Community Management Account for FY2007, as well as for full-time personnel for elements within such Account.
Authorizes appropriations for FY2007 for the Central Intelligence Agency Retirement and Disability Fund.
Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution of laws of the United States. | {"src": "billsum_train", "title": "To authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes."} | 1,313 | 380 | 0.718675 | 2.120908 | 0.735736 | 3.956268 | 3.250729 | 0.895044 |
PROVIDING FOR BALANCED
BUDGETS.
(a) Definitions.--In this section--
(1) the term ``balanced budget'' means a concurrent
resolution on the budget which provides that for fiscal year
2027, and each fiscal year thereafter to which the concurrent
resolution on the budget applies--
(A) total outlays do not exceed total receipts; and
(B) total outlays are not more than 18 percent of
the gross domestic product of the United States (as
determined by the Bureau of Economic Analysis of the
Department of Commerce) for such fiscal year;
(2) the term ``Director'' means the Director of the Office
of Management and Budget; and
(3) the term ``Member'' includes a Delegate or Resident
Commissioner to Congress.
(b) Determination by the Office of Management and Budget.--Upon
adoption by a House of Congress of a concurrent resolution on the
budget for a fiscal year, the Director shall--
(1) determine whether the concurrent resolution on the
budget is a balanced budget; and
(2) submit to the Speaker of the House of Representatives
or the President pro tempore of the Senate (as the case may be)
a certification as to whether or not that House of Congress has
adopted a balanced budget.
(c) Rule for Fiscal Years 2018 and 2019.--
(1) Fiscal year 2018.--
(A) Holding salaries in escrow.--If the Director
does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2018 before
April 16, 2017, during the period described in
subparagraph (B) the payroll administrator of that
House of Congress shall deposit in an escrow account
all payments otherwise required to be made during such
period for the compensation of Members of Congress who
serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of
such period.
(B) Period described.--With respect to a House of
Congress, the period described in this subparagraph is
the period that begins on April 16, 2017, and ends on
the earlier of--
(i) the date on which the Director
certifies that the House of Congress has
adopted a balanced budget with respect to
fiscal year 2018; or
(ii) the last day of the One Hundred
Fifteenth Congress.
(2) Fiscal year 2019.--
(A) Holding salaries in escrow.--If the Director
does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2019 before
April 16, 2018, during the period described in
subparagraph (B) the payroll administrator of that
House of Congress shall deposit in an escrow account
all payments otherwise required to be made during such
period for the compensation of Members of Congress who
serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of
such period.
(B) Period described.--With respect to a House of
Congress, the period described in this subparagraph is
the period that begins on April 16, 2018, and ends on
the earlier of--
(i) the date on which the Director
certifies that the House of Congress has
adopted a balanced budget with respect to
fiscal year 2019; or
(ii) the last day of the One Hundred
Fifteenth Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under paragraph (1) or (2) that
would apply to the payment if the payment were not subject to
paragraph (1) or (2).
(4) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Fifteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this subsection.
(6) Payroll administrator defined.--In this subsection, the
``payroll administrator'' of a House of Congress means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this section;
and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this section.
(d) Rule for Fiscal Year 2020 and Subsequent Fiscal Years.--If the
Director does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2020, or any fiscal year
thereafter, before April 16 of the fiscal year before such fiscal year,
during pay periods which occur in the same calendar year after that
date each Member of that House shall be paid at an annual rate of pay
equal to $1.
SEC. 3. SUPERMAJORITY REQUIREMENT FOR INCREASING REVENUE.
(a) In General.--In the Senate and the House of Representatives, a
bill, joint resolution, amendment, conference report, or amendment
between the Houses that increases revenue shall only be agreed to upon
an affirmative vote of three-fifths of the Members of that House of
Congress duly chosen and sworn.
(b) Rules of Senate and the House of Representatives.--Subsection
(a) is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a bill, joint resolution, amendment,
conference report, or amendment between the Houses that
increases revenue, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Balanced Budget Accountability Act This bill requires the Office of Management and Budget (OMB), upon adoption by a chamber of Congress of a concurrent budget resolution for a fiscal year, to determine and submit to the Speaker of the House of Representatives or the President pro tempore of the Senate a certification as to whether that chamber has adopted a balanced budget. "Balanced budget" means a concurrent budget resolution providing that for FY2027 and each succeeding fiscal year to which the resolution applies total outlays do not exceed total receipts and are not more than 18% of the gross domestic product for such fiscal year. If OMB does not certify that a chamber has adopted a balanced budget for FY2018 before April 16, 2017, the payroll administrator of each chamber must deposit in an escrow account all payments for compensation of Members of Congress serving in that chamber otherwise required beginning on such date. Such deposits shall be released to such Members on the earlier of: (1) the day on which OMB certifies that the chamber has adopted a balanced budget for FY2018, or (2) the last day of the 115th Congress. The same requirements shall apply for FY2019 if OMB does not certify that a chamber has adopted a balanced budget for FY2019 before April 16, 2018. If OMB does not certify that a chamber has adopted a balanced budget for FY2020, or any succeeding fiscal year, before April 16 of the prior fiscal year, each Member of that chamber shall be paid $1 annually for pay periods for the same calendar year after that date. This bill requires legislation in the House and Senate that increases revenue to be agreed upon only by an affirmative vote of three-fifths of the Members of that chamber. | {"src": "billsum_train", "title": "Balanced Budget Accountability Act"} | 1,423 | 371 | 0.726582 | 2.113078 | 0.861119 | 3.243161 | 4.118541 | 0.866261 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.