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 ``International Fund for Israeli-
Palestinian Peace Authorization Act of 2014''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Peaceful co-existence in the Middle East between
Israelis and Palestinians, and between Muslims, Christians,
Jews, and those of all backgrounds is in the interests of the
United States, Israel, the Palestinian people, and the world.
(2) While the United States and its international allies
continue to support diplomatic and political negotiations
between the representatives of the parties to the conflict as
well as others, in the long run such efforts require broad
popular support among peoples in order to succeed. In order to
achieve lasting peace in the region, the people who live there
must, over time, sustain any potential high-level agreements.
(3) Through many independent individual and nongovernmental
activities, tens of thousands of peoples of different
backgrounds are already working together to build better
relations between peoples, through people-to-people coexistence
and trust-building measures, activities, and other cooperative
efforts.
(4) By working cooperatively on shared goals and addressing
mutual understanding, participants in such activities,
including youth, can come to reject violence and understand the
promise of peaceful coexistence.
(5) Through support for people-to-people exchanges in the
region and joint economic initiatives, millions of ordinary
citizens affected by this conflict can assist in building
support for lasting peace.
(6) Working together, the United States, countries around
the world, and the private sector can help sustain support for
peace with the establishment and funding of an independent
International Fund for Israeli-Palestinian Peace (referred to
in this Act as the ``International Fund''), to promote and
support contact, cooperation, dialogue, shared community
building, peaceful coexistence, joint economic development, and
reconciliation between Israelis and Palestinians.
(7) United States and international support for grassroots
people-to-people efforts can help serve as an antidote to false
propaganda by terrorist groups.
(8) The International Fund shall serve as a coordinating
body offering expertise and support, adhering to best practices
for governance, transparency, and accountability. The
International Fund will be an ongoing presence and catalyst for
rejecting violence and building broad public support for
sustaining peace in the region. The International Fund is not
intended to be a political forum, but a grant-making body to
facilitate enduring people-to-people relationships.
(b) Purposes.--The purposes of this Act are as follows:
(1) To urge the President to make every effort, in
conjunction with the Government of Israel, the Palestinian
Authority, regional governments, and the international
community to establish a non-political, mutually acceptable
International Fund to promote and support contact, cooperation,
dialogue, shared community building, peaceful coexistence,
joint economic development, and reconciliation between Israelis
and Palestinians.
(2) To provide for United States contributions to consist
of amounts made available to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.
(relating to the Economic Support Fund)) for payment to the
International Fund to carry out the activities described in
paragraph (1).
SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN
PEACE.
Congress urges the President to make every effort, in conjunction
with the Government of Israel, the Palestinian Authority, and the
international community, to establish an International Fund for
Israeli-Palestinian Peace to carry out the purposes described in
section 2(b).
SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR
ISRAELI-PALESTINIAN PEACE.
(a) In General.--Of the amounts made available for each of fiscal
years 2015 through 2019 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the
Economic Support Fund)), $50,000,000 is authorized to be appropriated
for United States contributions to the International Fund.
(b) Additional Authorities.--Amounts authorized to be appropriated
pursuant to subsection (a)--
(1) are in addition to amounts otherwise authorized to be
appropriated for such purposes; and
(2) are authorized to remain available until expended.
SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND
FOR ISRAELI-PALESTINIAN PEACE.
(a) Support and Promotion of Purposes.--United States contributions
to the International Fund provided for in section 4 may be used only to
support and promote the purposes described in section 2(b).
(b) Additional Restrictions.--The restrictions described in section
531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall
apply to United States contributions to the International Fund provided
for in section 4 to the same extent and in the same manner as such
restrictions apply to amounts made available to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961.
(c) United States Representation on Board of International Fund.--
The United States shall provide two representatives to the Advisory
Board of the International Fund with specialized expertise in promoting
contact, cooperation, dialogue, shared community building, peaceful
coexistence, joint economic development, and reconciliation between
Israelis and Palestinians. The United States representatives on the
Advisory Board of the International Fund shall be from different
political parties, and in making appointments, members of different
political parties shall be appointed alternately as nearly as may be
practicable.
SEC. 6. ANNUAL REPORT.
(a) In General.--At the end of each fiscal year in which the United
States Government makes any contribution to the International Fund in
accordance with this Act, the President shall submit to Congress a
written report on the extent to which the International Fund and United
States contributions to the International Fund have contributed to
promoting and supporting contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic development,
and reconciliation between Israelis and Palestinians.
(b) Matters To Be Included.--Such report shall also include the
following:
(1) Contributions pledged to, contributions (including
donations from the private sector) received by, and projects
funded by the International Fund, and the mechanisms
established for transparency and accountability in the grant-
making process.
(2) A description of the International Fund's operations,
activities, budget, receipts, and expenditures for the
preceding 12-month period, including an audited report of the
International Fund's finances, including statements of
financial position, operations, and cash flows, in accordance
with the United States generally accepted government auditing
standards as prescribed by the Comptroller General. | International Fund for Israeli-Palestinian Peace Authorization Act of 2014 - Urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community to establish an International Fund for Israeli-Palestinian Peace. Authorizes appropriations for U.S. contributions to the Fund. | {"src": "billsum_train", "title": "International Fund for Israeli-Palestinian Peace Authorization Act of 2014"} | 1,466 | 73 | 0.463937 | 1.253058 | 0.695602 | 6.824561 | 24.140351 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Housing and Urban
Development Elimination Act of 1995''.
TITLE I--ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SEC. 101. ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(a) Elimination.--The Department of Housing and Urban Development
Act (42 U.S.C. 3531 et seq.) is hereby repealed.
(b) Effective Date.--Subsection (a) shall take effect on January 1,
1998.
SEC. 102. DUTIES OF THE SECRETARY.
(a) In General.--Notwithstanding any other provision of law, prior
to January 1, 1998, the Secretary of Housing and Urban Development
(hereafter in this title referred to as the ``Secretary'') shall take
such actions as may be necessary to--
(1) consolidate the programs administered by the Department
of Housing and Urban Development into a block grant program;
(2) convert all funding for public and assisted housing
under the United States Housing Act of 1937 to tenant-based
rental assistance;
(3) convert the Federal Housing Administration into a
government-controlled corporation, which would provide mortgage
insurance only to low- and moderate-income persons under risk-
sharing agreements with private mortgage insurers; and
(4) otherwise provide for the complete elimination of the
Department of Housing and Urban Development pursuant to section
101.
(b) Submissions to Congress.--
(1) Strategic plan.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to the
Congress a plan to carry out subsection (a), which shall
include any recommendations for--
(A) legislation necessary to carry out subsection
(a);
(B) transfers of functions and activities,
including all existing obligations to other existing or
successor Federal or State agencies.
(2) Privatization of fha.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to the Congress a report which shall include--
(A) recommendations and a strategic plan for the
complete privatization of the Federal Housing
Administration; and
(B) a description of the projected cost savings to
the Federal Government that would be achieved through
the complete privatization of the Federal Housing
Administration.
SEC. 103. CONGRESSIONAL BUDGET OFFICE RECOMMENDATIONS.
Not later than 180 days after the date of enactment of this Act,
the Director of the Congressional Budget Office shall submit to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a list of recommendations for minimizing the cost
of Federal housing and community development programs through the
elimination of the Department of Housing and Urban Development.
SEC. 104. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report which shall include recommendations for
the most efficient means of achieving--
(1) the complete elimination of the Department of Housing
and Urban Development; and
(2) the transfer of the functions of the Department of
Housing and Urban Development to other existing or successor
Federal or State agencies.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
For purposes of this title, unless otherwise provided or indicated
by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
SEC. 202. TRANSFER OF FUNCTIONS.
There are transferred to the Department of Justice all functions
which the Secretary of Housing and Urban Development exercised before
the date of the enactment of this title (including all related
functions of any officer or employee of the Department of Housing and
Urban Development) relating to the Fair Housing Act or the rights
granted under the Fair Housing Act.
SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF
MANAGEMENT AND BUDGET.
If necessary, the Office of Management and Budget shall make any
determination of the functions that are transferred under section 202.
SEC. 204. PERSONNEL PROVISIONS.
(a) Appointments.--The Attorney General may appoint and fix the
compensation of such officers and employees, including investigators,
attorneys, and administrative law judges, as may be necessary to carry
out the respective functions transferred under this title. Except as
otherwise provided by law, such officers and employees shall be
appointed in accordance with the civil service laws and their
compensation fixed in accordance with title 5, United States Code.
(b) Experts and Consultants.--The Attorney General may obtain the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, and compensate such experts and
consultants for each day (including travel time) at rates not in excess
of the rate of pay for level IV of the Executive Schedule under section
5315 of such title. The Attorney General may pay experts and
consultants who are serving away from their homes or regular place of
business travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for persons in
Government service employed intermittently.
SEC. 205. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this title, the Attorney General may delegate any of the
functions transferred to the Attorney General by this title and any
function transferred or granted to such Attorney General after the
effective date of this title to such officers and employees of the
Department of Justice as the Attorney General may designate, and may
authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Attorney
General under this section or under any other provision of this title
shall relieve such Attorney General of responsibility for the
administration of such functions.
SEC. 206. REORGANIZATION.
The Attorney General is authorized to allocate or reallocate any
function transferred under section 202 among the officers of the
Department of Justice, and to establish, consolidate, alter, or
discontinue such organizational entities in the Department of Justice
as may be necessary or appropriate.
SEC. 207. RULES.
The Attorney General is authorized to prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Attorney General determines necessary or
appropriate to administer and manage the functions of Department of
Justice.
SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this title, the personnel employed
in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this title, subject to section 1531 of title 31, United
States Code, shall be transferred to the Department of Justice.
Unexpended funds transferred pursuant to this section shall be used
only for the purposes for which the funds were originally authorized
and appropriated.
SEC. 209. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized to make such
determinations as may be necessary with regard to the functions
transferred by this title, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants, 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 such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 210. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the effective date of
this title, held 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 of Justice to a position having duties comparable to the
duties performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the rate
provided for such previous position, for the duration of the service of
such person in such new position.
(c) Termination of Certain Positions.--Positions whose incumbents
are appointed by the President, by and with the advice and consent of
the Senate, the functions of which are transferred by this title, shall
terminate on the effective date of this title.
SEC. 211. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Attorney General or other authorized official, a
court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the Department of Housing and Urban
Development at the time this title takes effect, with respect to
functions transferred by this title but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this title had not been enacted,
and orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall not
affect suits commenced before the effective date of this title, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this title
had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Housing and Urban
Development, or by or against any individual in the official capacity
of such individual as an officer of the Department of Housing and Urban
Development, shall abate by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Department of Housing and Urban
Development relating to a function transferred under this title may be
continued by the Department of Justice with the same effect as if this
title had not been enacted.
SEC. 212. SEPARABILITY.
If a provision of this title or its application to any person or
circumstance is held invalid, neither the remainder of this title nor
the application of the provision to other persons or circumstances
shall be affected.
SEC. 213. TRANSITION.
The Attorney General is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Housing and Urban Development
with respect to functions transferred to the Department of
Justice by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 214. REFERENCES.
Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or relating
to--
(1) the Secretary of Housing and Urban Development with
regard to functions transferred under section 202, shall be
deemed to refer to the Attorney General; and
(2) the Department of Housing and Urban Development with
regard to functions transferred under section 202, shall be
deemed to refer to the Department of Justice.
SEC. 215. ADDITIONAL CONFORMING AMENDMENTS.
(a) Recommended Legislation.--After consultation with the
appropriate committees of the Congress and the Director of the Office
of Management and Budget, the Attorney General shall prepare and submit
to the Congress recommended legislation containing technical and
conforming amendments to reflect the changes made by this title.
(b) Submission to the Congress.--No later than 6 months after the
effective date of this title, the Attorney General shall submit the
recommended legislation referred to under subsection (a).
SEC. 216. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act. | TABLE OF CONTENTS:
Title I: Elimination of Department of Housing and Urban
Development
Title II: Transfer of Functions and Savings Provisions
Department of Housing and Urban Development Elimination Act of 1995 -
Title I: Elimination of Department of Housing and Urban Development
- Eliminates the Department of Housing and Urban Development.
Title II: Transfer of Functions and Savings Provisions -
Transfers all functions of the Secretary of Housing and Urban Development relating to the Fair Housing Act to the Department of Justice. | {"src": "billsum_train", "title": "Department of Housing and Urban Development Elimination Act of 1995"} | 3,161 | 109 | 0.541307 | 1.358467 | 1.021731 | 4.207921 | 29.039604 | 0.841584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Education Tax
Incentive for Teachers Act of 2007''.
SEC. 2. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE
EDUCATION OF CERTAIN TEACHERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS.
``(a) In General.--In the case of an individual who is an eligible
teacher for the taxable year, there shall be allowed as a credit
against the tax imposed by this subtitle an amount equal to 10 percent
of qualified undergraduate tuition paid by such individual.
``(b) Limitations.--
``(1) Dollar amount.--The credit allowed by this section
for any taxable year shall not exceed $1,000.
``(2) Teachers in high-needs schools districts.--In the
case of one of the first 5 taxable years in which a teacher is
an eligible teacher who teaches in an elementary school or a
secondary school (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.), subparagraph (A) shall be applied by
substituting `$1,500' for `$1,000'.
``(3) Credit allowed only for 10 years.--No credit shall be
allowed under this section for any taxable year after the 10th
taxable year for which credit is allowed under this section.
``(c) Eligible Teacher.--For purposes of this section--
``(1) In general.--The term `eligible teacher' means, with
respect to a taxable year, any individual--
``(A) who is a full-time teacher, including a full-
time substitute teacher, in any of grades kindergarten
through 12th grade for the academic year ending in such
taxable year,
``(B)(i) who teaches primarily math, science,
engineering, or technology courses in 1 or more of
grades 9 through 12 during such academic year, or
``(ii) who teaches math, science, engineering, or
technology courses in 1 or more of grades kindergarten
through 8 during such academic year,
``(C) who, in the case that such individual is a
middle or secondary school teacher, received a
baccalaureate or similar degree with a major in
mathematics, science, engineering, or technology from
an institution of higher education, and
``(D) who is highly qualified (as defined in
section 9101(23) of the Elementary and Secondary
Education Act of 1965).
``(2) Special rule for administrative personnel.--School
administrative functions shall be treated as teaching courses
referred to in paragraph (1)(B) if such functions primarily
relate to such courses or are for a school which focuses
primarily on such courses.
``(d) Qualified Undergraduate Tuition.--For purposes of this
section, the term `qualified undergraduate tuition' means qualified
higher education expenses (as defined in section 529(e)(3)) for
enrollment or attendance at an institution of higher education, reduced
as provided in section 25A(g)(2) and by any credit allowed by section
25A with respect to such expenses.
``(e) Institution of Higher Education.--The term `institution of
higher education' means an institution of higher education as defined
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36. Tuition for undergraduate education of certain teachers.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act; except that only periods of being an eligible teacher (as
defined in section 36(c) of the Internal Revenue Code of 1986, as added
by this section) after such date shall be taken into account under
section 36(b)(3) of such Code, as so added. | National Science Education Tax Incentive for Teachers Act of 2007 - Amends the Internal Revenue Code to allow certain full-time elementary and secondary school teachers of math, science, engineering, or technology courses a refundable tax credit for 10% of their undergraduate tuition up to $1,000 in any taxable year. Increases such credit amount to $1,500 for teachers in schools serving children with disabilities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage teachers to pursue teaching math and science subjects at elementary and secondary schools."} | 1,114 | 82 | 0.621508 | 1.37708 | 0.883687 | 2.575342 | 13.30137 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.
(a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court
shall issue a protective order prohibiting harassment or
intimidation of the minor victim or witness if the court finds
evidence that the conduct at issue is reasonably likely to
adversely affect the willingness of the minor witness or victim
to testify or otherwise participate in the Federal criminal
case or investigation. Any hearing regarding a protective order
under this paragraph shall be conducted in accordance with
paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if
exigent circumstances are present. If such an ex parte order is
applied for or issued, the court shall hold a hearing not later
than 14 days after the date such order was applied for or is
issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning given that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements to ensure--
(1) that the guidelines provide an additional penalty
increase above the sentence otherwise applicable in Part J of
Chapter 2 of the Guidelines Manual if the defendant was
convicted of a violation of section 1591 of title 18, United
States Code, or chapters 109A, 109B, 110, or 117 of title 18,
United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase above the sentence
otherwise applicable in Part J of Chapter 2 of the Guidelines
Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.
(a) Administrative Subpoenas.--
(1) In general.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(B) in subparagraph (D)--
(i) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(2) Technical and conforming amendments.--Section 3486(a)
of title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United
State'' and inserting ``United States'';
(B) in paragraph (9), by striking ``(1)(A)(ii)''
and inserting ``(1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph
(1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.
(b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC
TASK FORCES.
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION.
Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17611(d)(1)) is amended--
(1) by striking ``to be responsible'' and inserting the
following: ``with experience in investigating or prosecuting
child exploitation cases as the National Coordinator for Child
Exploitation Prevention and Interdiction who shall be
responsible''; and
(2) by adding at the end the following: ``The National
Coordinator for Child Exploitation Prevention and Interdiction
shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17617(a)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end;
and
(3) by inserting after paragraph (5) the following:
``(6) $60,000,000 for fiscal year 2014;
``(7) $60,000,000 for fiscal year 2015;
``(8) $60,000,000 for fiscal year 2016;
``(9) $60,000,000 for fiscal year 2017; and
``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the status of the Attorney General's establishment
of the National Internet Crimes Against Children Data System required
to be established under section 105 of the PROTECT Our Children Act of
2008 (42 U.S.C. 17615). | Child Protection Act of 2012 - Amends the federal criminal code to impose a fine and/or prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12.
Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation.
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
Allows the Director of the U.S. Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service.
Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses."} | 2,677 | 431 | 0.488983 | 1.529781 | 0.756474 | 3.276353 | 6.527066 | 0.820513 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northeastern Nevada Public Lands
Transfer Act''.
SEC. 2. AIR FORCE LAND CONVEYANCE, WENDOVER AIR FORCE BASE AUXILIARY
FIELD, NEVADA.
(a) Conveyance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and subject to subsection (c), the
Secretary of the Air Force shall convey, without consideration,
to the City of West Wendover, Nevada (in this section referred
to as the ``City''), all right, title, and interest of the
United States in and to the property described in paragraph
(2), for purposes of permitting the City to develop the parcels
for economic and public purposes.
(2) Property description.--The property described in this
paragraph is the land consisting of approximately 15,093 acres
of land, including any improvements, located within the
Wendover Air Force Base Auxiliary Field, described as follows:
Township 32 North, Range 69 East; Township 32 North, Range 70
East; and Township 33 North, Range 70 East; Mount Diablo Base
and Meridian, being more particularly described as: All of
Section 24 less the United States Alternate Route 93 right-of-
way and those portions of sections 12 and 13 east of the east
right-of-way line of United States Alternate Route 93 in
Township 32 North, Range 69 East; all of sections 3, 4, 5, 8,
9, 10, 15, 16, 17, 18, 19, 20, 21, 22, and the portions of
sections 6 and 7 east of the east right-of-way line of United
States Alternate Route 93 in Township 32 North, Range 70 East;
all of sections 22, 27, 28, 32, 33, 34, and the portions of
sections 16, 20, 21, 29, 30, and 31 east of the east right-of-
way line of United States Alternate Route 93 and the portion of
section 15 east of the east right-of-way line of U.S. Alternate
Route 93 and south of the south right-of-way line of the Union
Pacific Railroad Company right-of-way in Township 33 North,
Range 70 East, not including the land comprising the Lower
Jim's Mobile Home Park, Scobie Mobile Home Park, Ventura Mobile
Home Park, Airport Way, Scobie Drive, or Opal Drive.
(b) Exception From Screening Requirement.--The Secretary shall make
the conveyance under subsection (a) without regard to the requirement
under section 2696 of title 10, United States Code, that the property
be screened for further Federal use in accordance with the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(c) Hazardous Materials.--
(1) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete hazardous
material surveys with respect to the property to be conveyed
under subsection (a) in order to identify any needed corrective
actions that are required with respect to such property.
(2) Corrective actions.--The Secretary shall take any
corrective actions that are identified by the surveys under
paragraph (1) as soon as practicable after the surveys.
(3) Postponement of conveyance.--The Secretary may not
carry out the conveyance of any property under subsection (a)
that is identified under paragraph (1) as requiring corrective
actions until the Secretary completes the corrective actions.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey mutually satisfactory to the Secretary
and the City. The cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
(f) Withdrawal.--The public land described in subsection (a) is
withdrawn from the operation of the mining and mineral leasing laws of
the United States.
SEC. 3. TRANSFER OF CERTAIN PUBLIC LANDS TO THE CITY OF CARLIN, THE
CITY OF WELLS, AND THE TOWN OF JACKPOT, NEVADA.
(a) Conveyance.--The Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall convey without
consideration, all right, title, and interest of the United States,
subject to all valid existing rights, in and to the property described
in subsection (b).
(b) Description of Property.--
(1) City of carlin, nevada.--The Secretary shall convey to
the City of Carlin, Nevada, in accordance with subsection (a)
the property consisting of approximately 60 acres located in
the SW\1/4\SW\1/4\ and the E\1/2\SE\1/4\SW\1/4\ of section 22,
Township 33 North, Range 52 East, Mount Diablo meridian.
(2) City of wells, nevada.--The Secretary shall convey to
the City of Wells, Nevada, in accordance with subsection (a)
the property consisting of approximately 4,767 acres located in
the E\1/2\SE\1/4\ of section 1, the W\1/2\ of section 2, the
E\1/2\ and the NW\1/4\ of section 3, S\1/2\NW\1/4\ of section
4, section 6, the NW\1/4\, the SW\1/4\, and a portion of the
SE\1/4\ of section 11, the N\1/2\ of section 12, section 14,
the N\1/2\NW\1/4\ of section 16, section 18, the W\1/2\ of
section 20, and section 23, all of Township 37 North, Range 62
East, Mount Diablo meridian.
(3) Town of jackpot, nevada.--The Secretary shall convey to
the Town of Jackpot, Nevada, the property, consisting of
approximately 532 acres located in a portion of the NE\1/
4\NW\1/4\ and the NW\1/4\NE\1/4\ of section 6, the W\1/2\NW\1/
4\, the NW\1/4\SW\1/4\, and the SW\1/4\SW\1/4\ of section 7,
and the NW\1/4\NW\1/4\ of section 18, all of Township 47 North,
Range 65 East, Mount Diablo meridian and portions of section 1,
portions of section 12, and the NE\1/4\NE\1/4\ of section 13,
Township 47 North, Range 64 East, Mount Diablo meridian.
(4) Surveys.--
(A) In general.--The Secretary may require such
surveys as the Secretary considers necessary to
determine the exact acreage and legal description of
the property to be conveyed under this section.
(B) Cost.--The cost of the surveys shall be borne
by the City of Carlin, the City of Wells, and the Town
of Jackpot, Nevada.
(c) Additional Terms and Conditions.--In carrying out this section,
the Secretary may require such additional terms and conditions as the
Secretary considers appropriate to protect the interests of the United
States.
(d) Withdrawal.--The public land described in subsection (b) is
withdrawn from the operation of the mining and mineral leasing laws of
the United States. | Northeastern Nevada Public Lands Transfer Act - Requires the Secretary of the Air Force to convey specified lands within the Wendover Air Force Base Auxiliary Field to the City of West Wendover, Nevada, for development for economic and public purposes. Directs the Secretary to: (1) make such conveyance without regard to a requirement that property be screened for further Federal use; and (2) complete hazardous material surveys and take any required corrective actions before such conveyance may be carried out.
Requires the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey specified lands to the City of Carlin, the City of Wells, and the Town of Jackpot, Nevada.
Withdraws such lands from operation of U.S. mining and mineral leasing laws. | {"src": "billsum_train", "title": "Northeastern Nevada Public Lands Transfer Act"} | 1,636 | 174 | 0.45743 | 1.56225 | 0.703099 | 4.439189 | 9.405405 | 0.925676 |
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Information
Independence Act of 2001''.
(b) Reference.--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 Federal Food, Drug, and Cosmetic Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Health claims.
Sec. 5. Independent scientific review.
Sec. 6. Legal effect of health claim recommendation by Independent
Scientific Reviewers.
Sec. 7. Department of Health and Human Services budget allocation for
independent scientific reviews.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Access to accurate information at the point of sale
concerning the effect of nutrients on disease is indispensable
to the exercise of informed consumer choice in the marketplace
and to the health and welfare of the American people.
(2) In 1999, 2000, and 2001, Federal courts have held that
Food and Drug Administration suppression of nutrient-disease
information is a violation of the First Amendment to the United
States Constitution.
(3) Despite those holdings and despite the courts' orders,
the Food and Drug Administration continues to suppress
nutrient-disease information that could improve public health,
reduce the costs of health care, and promote the welfare of the
American people.
(4) The history of the Food and Drug Administration review
of nutrient-disease relationships reveals a strong and
unscientific bias against food and dietary supplement health
claims in direct violation of the constitutional mandates of
Federal courts and the intent of Congress.
(5) The Food and Drug Administration favors suppression of
health claims over disclosure, despite court imposed
constitutional requirements to the contrary.
(6) To ensure that health claims are evaluated rationally,
fairly, and in compliance with constitutional requirements and
the intent of Congress, jurisdiction over health claims
evaluation must be removed from the Food and Drug
Administration and placed in the hands of Independent
Scientific Reviewers who do not harbor a bias against food and
dietary supplement health claims.
SEC. 3. DEFINITIONS.
Section 201 (21 U.S.C. 321) is amended by adding at the end the
following:
``(kk) The term `Independent Scientific Reviewer' means a person
who--
``(1) holds a Ph.D., an M.D., or both, and has been
employed full-time for at least the past 5 consecutive years as
a professor or assistant or associate professor in a department
of medicine, biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is accredited
by an organization recognized by the Department of Education of
the United States;
``(2) has never been employed by, and has never been
contracted to do work for, the Food and Drug Administration or
any other agency or office of the Department of Health and
Human Services (except to review health claim petitions under
section 403D);
``(3) has never been employed by, and has never been
contracted to do work for, the health claim petitioner;
``(4) signs an oath pledging to evaluate the health claim
petition provided to him or her by the Secretary in strict
accordance with the criteria specified in section 403D;
``(5) signs an oath pledging not to discuss with any person
the fact that he or she is reviewing the health claim petition
or the substance of the petition or the substance of the
evaluation before the results of the scientific review are
supplied in a complete written evaluation to the Secretary;
``(6) signs an oath pledging to supply complete copies of
all publicly available scientific evidence reviewed along with
a complete written evaluation of the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition from the Secretary; and
``(7) signs an oath pledging to exercise independent
professional judgment, free of any external influence and any
unscientific bias that might interfere with the objective
evaluation of the health claim.''.
SEC. 4. HEALTH CLAIMS.
Section 403(r) (21 U.S.C. 343(r)) is amended--
(1) in subparagraph (1)--
(A) in the matter preceding clause (A)--
(i) by striking ``food intended'' and
inserting ``food or dietary supplement
intended''; and
(ii) by striking ``food which'' and
inserting ``food or dietary supplement which'';
and
(B) in clause (B)--
(i) by inserting after ``health-related
condition'' the following: ``(including any
statement that the nutrient prevents, treats,
or cures a disease)''; and
(ii) by striking ``or (5)(D)'';
(2) in subparagraph (3), by amending clause (B) to read as
follows:
``(B)(i) The Secretary shall promulgate no later than 30 days after
receiving an evaluation from an Independent Scientific Reviewer
regulations that authorize use on labels and in labeling of all claims
of the type described in subparagraph (1)(B) recommended for approval
by the Independent Scientific Reviewer together with such disclaimer or
disclaimers as the Independent Scientific Reviewer may also recommend.
``(ii) The duties of the Secretary described in subclause (i) are
nondelegable and may be discharged only by the Secretary.'';
(3) by striking subparagraph (4) and redesignating
subparagraph (5) as subparagraph (4); and
(4) in subparagraph (4) (as so redesignated), by striking
clause (D).
SEC. 5. INDEPENDENT SCIENTIFIC REVIEW.
Chapter IV (21 U.S.C. 341 et seq.) is amended by inserting after
section 403C the following new section:
``independent scientific review
``Sec. 403D. (a) Invitations To Participate.--No later than 30 days
after the date of the enactment of the Health Information Independence
Act of 2001, and every 180-days thereafter, the Secretary shall send to
every department of medicine, biochemistry, epidemiology, pharmacology,
pharmacognosy, and nutrition at every university that is accredited by
an organization recognized by the Secretary of Education a notice and
invitation to participate, stating the following:
``(1) Scientists employed by the university in its
departments of medicine, biochemistry, epidemiology,
pharmacology, pharmacognosy, or nutrition who possess a Ph.D.
or an M.D., or both, and have been either a full-time professor
or a full-time assistant or associate professor for at least
the past 5 consecutive years are invited to apply to the
Secretary to be Independent Scientific Reviewers in assessing
health claims filed with the Food and Drug Administration.
Health claims are statements of nutrient-disease association.
``(2) Scientists who qualify to be Independent Scientific
Reviewers will be selected at random by the Secretary to review
all publicly available scientific evidence on a particular
nutrient-disease association, must supply copies of all
evidence reviewed to the Secretary, and must supply a written
evaluation of that evidence and the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition. The Independent Scientific Reviewer shall state
whether the claim is supported by scientific evidence and is,
therefore, recommended for approval. The Independent Scientific
Reviewer should only conclude that the health claim is not
supported by scientific evidence, and, therefore, not
recommended for approval, if the reviewer finds--
``(A) no credible scientific evidence supporting
the claim; and
``(B) no disclaimer that could accompany the claim
that could eliminate any potentially misleading
connotation conveyed by the claim.
Recommended disclaimers must be accurate and concise.
Disclaimers should reveal the extent of support for the claim
by stating whether evidence in support of the claim is less
than conclusive, e.g., that evidence in support of the claim is
preliminary and inconclusive, suggestive but not conclusive, or
generally accepted but not yet proven to a conclusive degree.
``(3) Independent Scientific Reviewers must complete their
reviews within 180 days of receipt of a health claim petition
from the Secretary.
``(4) To qualify to be an Independent Scientific Reviewer
you must certify in writing under penalty of perjury that--
``(A) you hold a Ph.D., an M.D., or both, and have
been employed full-time for at least the past 5
consecutive years as a professor, assistant professor,
or associate professor in a department of medicine,
biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is
accredited by an organization recognized by the
Department of Education of the United States;
``(B) you have never been employed by, and have
never been contracted to do work for, the Food and Drug
Administration or any other agency or office of the
Department of Health and Human Services (except to
review health claim petitions) or for the health claim
petitioner;
``(C) you will evaluate any health claim petition
submitted to you in strict accordance with the criteria
specified in section 403D;
``(D) you will not discuss with any person the fact
that you are reviewing the health claim petition or the
substance of the petition or the substance of the
evaluation before you submit a complete written
evaluation of the health claim to the Secretary;
``(E) you will complete your review of the health
claim petition and will supply your complete written
evaluation of it along with all scientific evidence
reviewed to the Secretary no later than 180 days after
receipt of the health claim petition from the
Secretary; and
``(F) you will exercise independent professional
judgment, free of any external influence and any
unscientific bias that might interfere with the
objective evaluation of the health claim.
``(5) Failure to abide by the above rules will result in
disbarment from the Independent Scientific Review program and
disallowance of all compensation for any review undertaken.
``(b) Confirmation of Independent Scientific Reviewer Status.--No
later than 30 days after the Secretary's receipt of a request,
including the certifications required under subsection (a)(4), from a
person who seeks to serve as an Independent Scientific Reviewer, the
Secretary shall notify that person whether he or she satisfies the
qualification criteria specified in such subsection and is, thereby,
eligible to be selected to serve as an Independent Scientific Reviewer.
``(c) Random Selection of Independent Scientific Reviewer To
Evaluate Health Claim.--No later than 15 days after a health claim
petition is filed with the Secretary, the Secretary shall select an
Independent Scientific Reviewer at random and shall provide that person
with a complete copy of the health claim petition for evaluation. The
Secretary shall not reveal the name of the Independent Scientific
Reviewer to the public or to the health claim petitioner until after
the Secretary receives from the Independent Scientific Reviewer all
publicly available scientific evidence reviewed and a complete
evaluation of the health claim.
``(d) All Publicly Available Scientific Evidence Shall Be
Reviewed.--Upon receipt of a health claim petition, the Independent
Scientific Reviewer shall acquire and evaluate all publicly available
scientific evidence relevant to the claim. The Independent Scientific
Reviewer shall determine whether credible scientific evidence supports
the health claim.
``(e) Every Health Claim Shall Be Recommended for Approval That Is
Supported by Credible Scientific Evidence.--If the Independent
Scientific Reviewer finds that credible scientific evidence supports
the health claim, the Independent Scientific Reviewer shall recommend
to the Secretary that the health claim be approved. If the Independent
Scientific Reviewer finds the scientific evidence in support of the
claim less than conclusive, suggestive but not conclusive, preliminary
and inconclusive, or generally accepted but not yet proven to a
conclusive degree, or if the Independent Scientific Reviewer finds the
claim to convey a potentially misleading connotation, the Independent
Scientific Reviewer shall also recommend that the health claim be
approved accompanied by a concise disclaimer carefully worded to render
the claim nonmisleading.
``(f) Health Claims Not Recommended for Approval.--If the
Independent Scientific Reviewer finds that no credible scientific
evidence supports the health claim and that no disclaimer can eliminate
a misleading connotation conveyed by the claim, then the Independent
Scientific Reviewer shall recommend that the Secretary not approve the
health claim.
``(g) Compensation for Independent Scientific Reviewers and
Sanctions for Noncompliance.--The Secretary shall pay each Independent
Scientific Reviewer the sum of $40,000 no later than 60 days after the
Secretary receives all publicly available scientific evidence reviewed
and a complete evaluation of the health claim. If the Secretary finds
that the Independent Scientific Reviewer has submitted a false
certification under subsection (a)(4), the Secretary may debar the
Independent Scientific Reviewer from the Independent Scientific Review
program and shall refrain from paying the $40,000 fee.''.
SEC. 6. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATION BY INDEPENDENT
SCIENTIFIC REVIEWERS.
Chapter IV (21 U.S.C. 341 et seq.), as amended by section 5 of this
Act, is amended by inserting after section 403D the following new
section:
``legal effect of health claim recommendations
``Sec. 403E. (a) Secretary's Response to Health Claim Evaluations
by Independent Scientific Reviewers.--No later than 30 days after the
Secretary receives from an Independent Scientific Reviewer copies of
all publicly available scientific evidence reviewed and a complete
written evaluation of a health claim, the Secretary shall--
``(1) make the evaluation and all scientific evidence
reviewed publicly available; and
``(2) publish in the Federal Register as a final and
binding order of the Department of Health and Human Services
the recommendation of the Independent Scientific Reviewer
verbatim and without any alteration in content whatsoever,
including the claim, whether the claim is approved or
disapproved, the reasons therefor, and whether the claim must
be accompanied by a disclaimer and the content of the
disclaimer, and the reasons therefor.
``(b) Order on Health Claims Recommendations of Independent
Scientific Reviewers Immediately Appealable to the United States Court
of Appeals for the D.C. Circuit.--Any health claim petitioner, or any
other aggrieved party, may file an appeal for review of an order of the
Secretary pursuant to subsection (a) directly to the United States
Court of Appeals for the District of Columbia Circuit within 90 days of
the date of publication of the order in the Federal Register.''.
SEC. 7. DEPARTMENT OF HEALTH AND HUMAN SERVICES BUDGET ALLOCATION FOR
INDEPENDENT SCIENTIFIC REVIEWS.
(a) Costs of Implementation.--All costs associated with
implementing this Act shall be borne by the Department of Health and
Human Services from its existing budget.
(b) Offsets.--This Act eliminates the need for the Food and Drug
Administration to review health claim petitions for foods and dietary
supplements. No later than six months after the date of the enactment
of this Act, the Secretary of Health and Human Services shall eliminate
staff, reduce operating expenses, and maximize cost savings in the Food
and Drug Administration's Center for Food Safety and Applied Nutrition
to offset the costs of implementing this Act. | Health Information Independence Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act to extend certain food nutrition labeling requirements to dietary supplements. Requires nutrition labels to include the relationship of a nutrient to the prevention, treatment or cure of a disease.Directs the Secretary of Health and Human Services to solicit Independent Scientific Reviewers from the university community to review, evaluate, and make recommendations on a particular nutrient-disease association, based on the scientific evidence available. Excludes health claims only if they are unsupported by credible scientific evidence and no disclaimer could eliminate potentially misleading connotations.Makes recommendations of Reviewers binding on the Secretary and reviewable only by the U.S. Court of Appeals for D.C. Requires costs of this program to be offset against the operating budget of the Department of Health and Human Services.. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish a system independent of the Food and Drug Administration for the review of health claims, to define health claims, and for other purposes."} | 3,442 | 193 | 0.498785 | 1.539702 | 0.748644 | 2.706667 | 21.046667 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing
Competitiveness Act of 2013''.
SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN.
Section 102 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 6622) is amended--
(1) in subsection (b), by striking paragraph (7) and
inserting the following:
``(7) develop and update a national manufacturing
competitiveness strategic plan in accordance with subsection
(c).''; and
(2) by striking subsection (c) and inserting the following:
``(c) National Manufacturing Competitiveness Strategic Plan.--
``(1) In general.--The Committee shall develop, and update
every 4 years, a strategic plan to improve Government
coordination and provide long-term guidance for Federal
programs and activities in support of United States
manufacturing competitiveness, including advanced manufacturing
research and development.
``(2) Committee chairperson.--In developing and updating
the strategic plan, the Secretary of Commerce, or a designee of
the Secretary, shall serve as the chairperson of the Committee.
``(3) Goals.--The goals of such strategic plan shall be
to--
``(A) promote growth, including job creation,
sustainability, and competitiveness, in the United
States manufacturing sector;
``(B) support the development of a skilled
manufacturing workforce;
``(C) enable innovation and investment in domestic
manufacturing; and
``(D) support national security.
``(4) Contents.--Such strategic plan shall--
``(A) specify and prioritize near-term and long-
term objectives to meet the goals of the plan,
including research and development objectives, the
anticipated timeframe for achieving the objectives, and
the metrics for use in assessing progress toward the
objectives;
``(B) describe the progress made in achieving the
objectives from prior strategic plans, including a
discussion of why specific objectives were not met;
``(C) specify the role, including the programs and
activities, of each Federal agency in meeting the
objectives of the strategic plan;
``(D) describe how the Federal agencies and
federally funded research and development centers
supporting advanced manufacturing research and
development will foster the transfer of research and
development results into new manufacturing technologies
and United States based manufacturing of new products
and processes for the benefit of society to ensure
national, energy, and economic security;
``(E) describe how such Federal agencies and
centers will strengthen all levels of manufacturing
education and training programs to ensure an adequate,
well-trained workforce;
``(F) describe how such Federal agencies and
centers will assist small- and medium-sized
manufacturers in developing and implementing new
products and processes;
``(G) take into consideration and include a
discussion of the analysis conducted under paragraph
(5); and
``(H) take into consideration the recommendations
of a wide range of stakeholders, including
representatives from diverse manufacturing sectors and
companies, academia, existing Federal advisory
committees, such as the Defense Science Board, the
President's Council of Advisors on Science and
Technology, the Manufacturing Council established by
the Department of Commerce, and the Labor Advisory
Committee for Trade Negotiations and Trade Policy, and
other relevant organizations and institutions.
``(5) Preliminary analysis.--
``(A) In general.--As part of developing such
strategic plan, the Committee shall conduct an analysis
of factors that impact the competitiveness and growth
of the United States manufacturing sector, including--
``(i) research, development, innovation,
technology transfer, and commercialization
activities in the United States;
``(ii) the adequacy of the industrial base
for maintaining national security;
``(iii) the state and capabilities of the
domestic manufacturing workforce;
``(iv) trade, trade enforcement, and
intellectual property policies;
``(v) financing, investment, and taxation
policies and practices;
``(vi) the state of emerging technologies
and markets; and
``(vii) efforts and policies related to
manufacturing promotion undertaken by competing
nations.
``(B) Reliance on existing information.--To the
extent practicable, in completing the analysis under
subparagraph (A), the Committee shall use existing
information and the results of previous studies and
reports.
``(d) Report.--Not later than 1 year after the date of enactment of
the American Manufacturing Competitiveness Act of 2013, the Director
shall transmit the strategic plan developed under subsection (b)(7) to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House of
Representatives and shall transmit subsequent updates to those
committees as appropriate.
``(e) Requirement To Consider Strategy in the Budget.--In preparing
the budget for a fiscal year under section 1105(a) of title 31, United
States Code, the President shall include information regarding the
consistency of the budget with the goals and recommendations included
in the strategic plan developed under subsection (b)(7) applying to
that fiscal year.''. | American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth in the U.S. manufacturing sector, (2) support the development of a skilled manufacturing workforce, (3) enable innovation and investment in domestic manufacturing, and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Requires the Director of the Office of Science and Technology Policy to transmit the plan, and subsequent updates, to Congress. | {"src": "billsum_train", "title": "American Manufacturing Competitiveness Act of 2013"} | 1,092 | 236 | 0.719498 | 2.042523 | 0.987795 | 3.483568 | 5.014085 | 0.910798 |
SECTION 1. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Youth Crime and School Violence'' (in this Act referred
to as the ``Commission'').
SEC. 2. DUTY OF COMMISSION.
The Commission shall make recommendations on how to deter youth
crime and protect children from violence in schools.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members appointed from among persons who are not officers or employees
of any government, as follows:
(1) 2 members appointed by the President.
(2) 2 members appointed by the Speaker of the House of
Representatives.
(3) 2 members appointed by the Majority Leader of the
Senate.
(4) 1 member appointed by the Minority Leader of the
Senate.
(5) 1 member appointed by the Minority Leader of the House
of Representatives.
(b) Term of Office.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Special rule.--A member who is appointed to the
Commission and who becomes an officer or employee of a
government may not continue as a member.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members. For purposes of such election, the provisional
Chairperson shall be designated by the President.
(e) Pay and Travel Expenses.--
(1) Rate of pay.--Each Commission member shall each be paid
at a rate equal to the daily equivalent of the minimum annual
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which the members are
engaged in the actual performance of duties vested in the
Commission.
(2) Travel expenses.--Each Commission member shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
SEC. 4. DIRECTOR AND STAFF.
(a) Director.--The Commission shall appoint a Director without
regard to section 5311(b) of title 5, United States Code. The Director
shall be paid at the rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(b) Staff.--
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.
(2) Inapplicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(c) Staff of Federal Agencies.--On request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(d) Administrative Support Services.--On the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 5. POWERS OF COMMISSION.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(b) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. REPORTS.
(a) Interim Report.--Within 6 months after the date of the
enactment of this Act, the Commission shall submit to the Speaker, the
Minority Leader, and Committee on the Judiciary of the House of
Representatives, and the Majority Leader, Minority Leader, and
Committee on the Judiciary of the Senate, an interim report on the
activities of the Commission under this Act.
(b) Final Report.--Not later than Dec. 31, 2002, the Commission
shall transmit to the officials specified in subsection (a) a final
report. The final report shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for legislation, administrative action, and such other
action as the Commission considers appropriate.
SEC. 7. TERMINATION.
The Commission shall terminate 15 days after submitting its final
report pursuant to section 6(b). | Establishes the National Commission on Youth Crime and School Violence to make recommendations on how to deter youth crime and protect children from violence in schools. | {"src": "billsum_train", "title": "To establish the National Commission on Youth Crime and School Violence."} | 1,188 | 31 | 0.418077 | 0.988712 | 1.074902 | 6.740741 | 40.333333 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Power Risk Management Act of
2013''.
SEC. 2. TRANSACTIONS WITH UTILITY SPECIAL ENTITIES.
Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is
amended by adding at the end the following:
``(E) Certain transactions with a utility special
entity.--
``(i) Transactions in utility operations-
related swaps shall be reported pursuant to
section 4r.
``(ii) In making a determination to exempt
pursuant to subparagraph (D), the Commission
shall treat a utility operations-related swap
entered into with a utility special entity, as
defined in section 4s(h)(2)(D), as if it were
entered into with an entity that is not a
special entity, as defined in section
4s(h)(2)(C).''.
SEC. 3. UTILITY SPECIAL ENTITY DEFINED.
Section 4s(h)(2) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2))
is amended by adding at the end the following:
``(D) Utility special entity.--For purposes of this
Act, the term `utility special entity' means a special
entity, or any instrumentality, department, or
corporation of or established by a State or political
subdivision of a State, that--
``(i) owns or operates an electric or
natural gas facility or an electric or natural
gas operation;
``(ii) supplies natural gas and or electric
energy to another utility special entity;
``(iii) has public service obligations
under Federal, State, or local law or
regulation to deliver electric energy or
natural gas service to customers; or
``(iv) is a Federal power marketing agency,
as defined in section 3 of the Federal Power
Act.''.
SEC. 4. UTILITY OPERATIONS-RELATED SWAP.
(a) Swap Further Defined.--Section 1a(47)(A)(iii) of the Commodity
Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended--
(1) by striking ``and'' at the end of subclause (XXI);
(2) by adding ``and'' at the end of subclause (XXII); and
(3) by adding at the end the following:
``(XXIII) a utility operations-
related swap;''.
(b) Utility Operations-Related Swap Defined.--Section 1a of such
Act (7 U.S.C. 1a) is amended by adding at the end the following:
``(52) Utility operations-related swap.--The term `utility
operations-related swap' means a swap that--
``(A) is entered into to hedge or mitigate a
commercial risk;
``(B) is not a contract, agreement, or transaction
based on, derived on, or referencing--
``(i) an interest rate, credit, equity, or
currency asset class; or
``(ii) a metal, agricultural commodity, or
crude oil or gasoline commodity of any grade,
except as used as fuel for electric energy
generation; and
``(C) is associated with--
``(i) the generation, production, purchase,
or sale of natural gas or electric energy, the
supply of natural gas or electric energy to a
utility, or the delivery of natural gas or
electric energy service to utility customers;
``(ii) all fuel supply for the facilities
or operations of a utility;
``(iii) compliance with an electric system
reliability obligation;
``(iv) compliance with an energy, energy
efficiency, conservation, or renewable energy
or environmental statute, regulation, or
government order applicable to a utility; or
``(v) any other electric energy or natural
gas swap to which a utility is a party.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act take effect as if enacted on July
21, 2010.
Passed the House of Representatives June 12, 2013.
Attest:
KAREN L. HAAS,
Clerk. | . Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.) Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class; or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation. | {"src": "billsum_train", "title": "Public Power Risk Management Act of 2013"} | 966 | 383 | 0.663768 | 2.012205 | 0.820244 | 4.578171 | 2.448378 | 0.884956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Article V Records Transparency Act
of 2016''.
SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS OF APPLICATIONS AND
RESCISSIONS OF APPLICATIONS TO CALL A CONVENTION FOR
PROPOSING AMENDMENTS TO THE CONSTITUTION AND RESCISSIONS
OF THOSE APPLICATIONS.
(a) Compilation and Transmission.--The Archivist of the United
States (hereinafter in this Act referred to as the ``Archivist'')
shall, in accordance with this Act--
(1) make an organized compilation, to the extent feasible,
of all applications and rescissions of applications, ever made
by States under article V of the Constitution, to call a
convention for proposing amendments to the Constitution; and
(2) transmit to Congress that compilation, together with
both physical and electronic copies of each such application
and rescission.
(b) Sources for Compilation.--In complying with subsection (a) the
Archivist shall use the records contained in the National Archive and
Records Administration and make all efforts feasible to obtain an
official copy of any application or rescission that may not be in such
records.
(c) Timing of Transmittal.--
(1) Not later than one year after the date of the enactment
of this Act, the Archivist shall transmit the first part of the
compilation, containing all the known applications or
rescissions made after 1950.
(2) Not later than two years after the date of the
enactment of this Act, the Archivist shall transmit the second
part of the compilation, containing all the known applications
and rescissions made in 1950 or earlier.
(d) Report on Extent of Missing Applications or Rescissions.--Not
later than two years after the date of the enactment of this Act, the
Archivist shall submit to Congress a report detailing the extent of
suspected missing applications or rescissions not included in the
compilation under subsection (a).
(e) Cataloging Applications.--The Archivist shall, in compiling the
applications and rescissions, catalog them by year of submission and
State, and include that information in the material transmitted to
Congress.
SEC. 3. DUTIES OF THE COMMITTEES ON THE JUDICIARY.
(a) Applications Included in Compilation.--Upon receipt by Congress
of the compilation described in section 2(a), the respective committees
on the judiciary in each House of Congress shall make the applications
and rescissions contained in such compilation available on a publicly
accessible website.
(b) Applications and Rescissions Not Included in Compilation.--The
respective committees on the judiciary in each House of Congress shall
update the compilation in the public websites maintained by them under
subsection (a) to reflect the receipt of any application or rescission
submitted under article V of the Constitution to call a convention for
proposing amendments to the Constitution that--
(1) was not included in the initial compilation as
transmitted under section 2; and
(2) is a new application or rescission or otherwise comes
to the attention of the committee.
SEC. 4. APPLICATIONS AND RESCISSIONS ARRIVING AFTER THE TRANSMISSION
UNDER SECTION 2.
The Congress recommends the following procedures to make uniform
and simplify the process by which State legislatures make an
application, or a rescission of an application, under article V of the
Constitution to call a convention for proposing amendments to the
Constitution:
(1) Officers to transmit and receive applications.--After
the adoption by the legislature of a State of an application or
rescission, the secretary of state of the State, or if there be
no such officer, the person who is charged by the State law
with such function, should submit to Congress at least two
copies of the resolution or other measure containing the
application or rescission, one copy addressed to the President
of the Senate, and one copy to the Speaker of the House of
Representatives.
(2) Contents of resolution or measure.--Each copy of the
resolution or measure should contain--
(A) its exact text, with the authenticating
signature of the relevant officer of the legislature;
and
(B) the date on which the legislature adopted the
resolution or measure.
(3) Incomplete application or rescission.--If a State
submits an application or rescission in a manner that is
inconsistent with this section, the Clerk of the House or the
Secretary of the Senate shall so notify the appropriate State
official. That State official may then resubmit the
application.
SEC. 5. DEFINITIONS.
In this Act--
(1) the terms ``transmit to Congress'' and ``submit to
Congress'' mean transmission or submission, as the case may be,
to the Speaker of the House of Representatives, the President
of the Senate, the Clerk of the House of Representatives, the
Secretary of the Senate, and the Chairmen and Ranking Minority
Members of the Committees on the Judiciary of the House of
Representatives and the Senate;
(2) the term ``application'' means any resolution or other
measure, agreed upon by a State legislature, that contains a
request to Congress to call a convention pursuant to article V
of the Constitution; and
(3) the term ``rescission'' means any resolution or other
measure, agreed upon by a State legislature, that has the
purpose of making null and void an application previously
submitted by the State legislature.
SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized. | Article V Records Transparency Act of 2016 This bill directs the Archivist of the United States to make and transmit to Congress an organized compilation of all applications and rescissions of applications ever made by states under article V of the Constitution to call a convention for proposing amendments to the Constitution. The Archivist: (1) in complying with such requirement, shall use the records contained in the National Archive and Records Administration and attempt to obtain an official copy of any application or rescission that may not be in such records; (2) submit a report on the extent of suspected missing applications or rescissions not included in the compilation; and (3) catalog the applications and rescissions by year of submission and state. The committees on the judiciary in each chamber shall make the applications and rescissions contained in such compilation available on a publicly accessible website and update the compilation as specified. In order to simplify and make uniform the process by which state legislatures make such an application or rescission, Congress recommends that after adoption of an application or rescission by a state legislature, the secretary of state or other state official should submit at least two copies of the measure containing the application or rescission to Congress, one copy addressed to the President of the Senate and one copy to the Speaker of the House of Representatives. | {"src": "billsum_train", "title": "Article V Records Transparency Act of 2016"} | 1,290 | 296 | 0.790247 | 2.426417 | 0.766708 | 5.040486 | 4.473684 | 0.967611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Population Fund
Women's Health and Dignity Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Sexual and reproductive health problems account for an
estimated 10 percent of the total global burden of disease and
32 percent of the burden among women of reproductive age.
(2) More than four in 10 of the world's pregnant women
still have no access to skilled care at childbirth. Every
minute, a woman somewhere dies in pregnancy or childbirth--
529,000 deaths a year. Ninety-five percent of maternal deaths
occur in Africa and Asia while fewer that one percent occur in
the more developed regions of the world.
(3) A million or more children are left motherless each
year as a result of maternal mortality. These children are
three to 10 times more likely to die within two years than
children who live with both parents. Almost half of infant
deaths per year result from poor maternal health and inadequate
delivery care.
(4) Roughly 201 million women in low-income countries would
use safe, effective contraceptive methods but such methods are
not available to such women, including 25 percent of married
women in sub-Saharan Africa. If these women had access to
reliable family planning services, approximately 52 million
unplanned pregnancies would be avoided in the developing world
every year, resulting in 23 million unplanned births, 22
million induced abortions, 7 million spontaneous abortions, 1.4
million infant deaths, 142,000 pregnancy-related deaths, and
505,000 children from losing their mothers.
(5) Each day 14,000 people are infected with HIV. One-half
of all new HIV infections occur in women. In some places women
are six times more likely to be infected than men.
(6) Access to voluntary family planning services, including
contraception, is essential in helping to reduce the number of
unintended pregnancies and, consequently, the incidence of
abortion.
(7) In the process of helping women to achieve their
childbearing goals, enormous amounts of government funds are
saved. A study in Mexico found that for every peso the Mexican
social security system spent on voluntary family planning
services between 1972 and 1984, it saved nine pesos in expenses
for treating complications of unsafe abortions and providing
maternal and infant care. Every dollar invested in Thailand's
voluntary family planning program saved the Thai Government
more than $16.
(8) The growing global population and its consumption
patterns have profound consequences for the global environment,
including species extinction, deforestation, desertification,
climate change, and the destruction of natural ecosystems.
These global environmental impacts pose a significant threat to
the earth's sustainability and impact the quality of life of
humans in all regions of the world.
(9) Demographic factors have been found to be linked to an
increased likelihood of the outbreak of civil conflict during
the 1990s. Countries in which young adults comprised more than
40 percent of the adult population were more than twice as
likely as countries with lower proportions of young adults to
the overall adult population to experience an outbreak of civil
conflict.
(10) The United Nations Population Fund (UNFPA) was created
in 1969 with the support and assistance of the United States
Government. Today, UNFPA is the largest multilateral source of
funding, expertise, and programs targeted at voluntary family
planning, promotion of safe delivery, reduction of maternal and
infant mortality, and assisting women with sexual and
reproductive health needs during natural and man-made
emergencies. UNFPA also actively works to stop the spread of
HIV/AIDS and promote the rights, education, and livelihoods of
women in developing countries.
(11) UNFPA has family planning and reproductive health
programs in approximately 140 countries. The United States
Agency for International Development operates population
programs in about 60 countries.
(12) In 2006, 180 countries made financial contributions to
the UNFPA, including every nation in Latin America, the
Caribbean, and sub-Saharan Africa. This represents an increase
from the 69 nations that made contributions in 1999. The United
States is the only developed nation not to make a contribution
to UNFPA, and the only nation to ever withhold contributions
for any reason other than budgetary considerations.
(13) United States funding has been withheld from UNFPA
since January 2002, despite the fact that Congress has
appropriated funds for UNFPA for every fiscal year since
January 2002 and the Administration's own Independent
Assessment Team of 2002 which found, ``[N]o evidence that UNFPA
has knowingly supported or participated in the management of a
program of coercive abortion or involuntary sterilization in
the [People's Republic of China]. We therefore recommend that
not more than $34,000,000 which has already been appropriated
be released to UNFPA.''.
(14) UNFPA's pilot programs of assistance in China are
proving--as they were designed to--the advantages of voluntary,
informed, consent-based family planning over a top-down
administrative approach. In 32 countries that receive UNFPA
assistance, maternal deaths have declined, births with skilled
attendance have increased, knowledge of HIV/AIDS has risen,
knowledge of more than three modern contraceptives has risen,
knowledge of natural methods has increased, surgical
contraception has dropped, abortion rates have dropped from 24
per 1,000 women to 10 per 1,000 women, home-based childbirths
have fallen, and choice of contraception by clients has grown.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should resume annual contributions to UNFPA to
facilitate the core mission of UNFPA to save and improve the lives of
women, infants, and men and improve communities in foreign countries.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to provide financial and
other support to the United Nations Population Fund to carry out
activities to save women's lives, limit the incidence of abortion and
maternal mortality associated with unsafe abortion, promote universal
access to safe and reliable family planning, and assist women,
children, and men in developing countries to live better lives.
SEC. 4. AUTHORIZATION OF UNITED STATES VOLUNTARY CONTRIBUTION TO UNFPA.
(a) Voluntary Contribution Authorized.--Notwithstanding any other
provision of law, the President is authorized to make a voluntary
contribution on a grant basis to the United Nations Population Fund
(UNFPA), on such terms and conditions as the President may determine,
to provide financial or other support to UNFPA to carry out the
activities described in subsection (b).
(b) Activities Described.--The activities described in this
subsection are to--
(1) provide and distribute equipment, medicine, and
supplies, and expertise, including safe delivery kits and
hygiene kits, to ensure safe childbirth and emergency obstetric
care;
(2) make available supplies of contraceptives for the
prevention of pregnancy and sexually-transmitted infections,
including HIV/AIDS;
(3) reduce the incidence of abortion and maternal mortality
related to unsafe abortion;
(4) reduce and eliminate coercive family planning
practices, including coercive abortion and involuntary
sterilization;
(5) reduce and eliminate the incidence of sex selection;
(6) prevent and treat cases of obstetric fistula;
(7) promote abandonment of harmful traditional practices,
including female genital cutting and child marriage;
(8) reestablish maternal health services in areas where
medical infrastructure and such services have been destroyed by
natural disasters; and
(9) promote the access of unaccompanied women and other
vulnerable people to vital services, including access to water,
sanitation facilities, food, and health care, in emergency
situations.
(c) Waiver.--The President is authorized to make a voluntary
contribution on a grant basis to UNFPA to provide financial or other
support to UNFPA to carry out activities to respond to a natural or
man-made emergency if the President determines that such activities
will save human life or prevent or alleviate human suffering.
SEC. 5. REPORT TO CONGRESS.
(a) Report Required.--The President shall transmit to the
appropriate congressional committees on an annual basis for each of the
fiscal years 2008 through 2012 a report on the implementation of this
Act.
(b) Matters To Be Included.--The report required by subsection (a)
shall include a detailed analysis of the scope, success, and value of
activities of the United Nations Population Fund, with particular
emphasis on the number of lives saved, the number of abortions
prevented, and success in meeting the goals of the Program of Action of
the International Conference on Population and Development.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there are authorized to be appropriated to
the President $50,000,000 for each of the fiscal years 2008 through
2012. | United Nations Population Fund Women's Health and Dignity Act - Authorizes the President to make a voluntary contribution on a grant basis to the United Nations Population Fund (UNFPA) to: (1) provide and distribute equipment, medicine, supplies, and expertise to ensure safe childbirth and emergency obstetric care; (2) make contraceptives available for the prevention of pregnancy and sexually-transmitted infections, including HIV/AIDS; (3) reduce abortion and related maternal mortality; (4) reduce and eliminate coercive family planning practices; (5) reduce and eliminate sex selection; (6) prevent and treat cases of obstetric fistula; (7) promote abandonment of harmful traditional practices, including female genital cutting and child marriage; (8) reestablish maternal health services in areas where medical infrastructure has been destroyed by natural disasters; and (9) promote the access of unaccompanied women and other vulnerable people to vital services, including access to water, sanitation facilities, food, and health care, in emergency situations. | {"src": "billsum_train", "title": "To provide financial and other support to the United Nations Population Fund to carry out activities to save women's lives, limit the incidence of abortion and maternal mortality associated with unsafe abortion, promote universal access to safe and reliable family planning, and assist women, children, and men in developing countries to live better lives."} | 1,975 | 220 | 0.478208 | 1.443575 | 0.831474 | 7.380208 | 9.708333 | 0.994792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Modernization and Consumer
Protection Act''.
SEC. 2. REPLACEMENT PROGRAMS FOR HIGH-RISK NATURAL GAS PIPELINES.
(a) Findings.--Congress finds that--
(1) Federal requirements related to repairing pipeline
leaks are limited to ``hazardous'' leaks, which are leaks that
represent an existing or probable hazard to persons or property
and require immediate repair;
(2) there are no Federal requirements to address slower or
less hazardous leaks, which can allow the leaks to persist
unrepaired indefinitely;
(3) in States without a standard definition and methodology
for calculating unaccounted-for gas (the difference between the
amount of gas purchased by a utility and the amount used or
sold to customers), data inconsistencies may be pervasive and
these inconsistencies hinder the ability of regulators to
monitor gas system and utility performance;
(4) the cost of leaked or otherwise unaccounted-for natural
gas in the distribution system is typically passed on to
ratepayers without limitation as an accepted cost of service,
which removes financial incentive for utilities to minimize the
leaks;
(5) methane, the primary constituent of natural gas, is a
greenhouse gas at least 20 times more potent than carbon
dioxide;
(6) according to the Pipeline and Hazardous Materials
Safety Administration, the United States natural gas
distribution system still includes 61,000 miles of bare steel
pipe without adequate corrosion protection and 32,000 miles of
cast iron pipe, which was installed beginning in the 1830s and
can be prone to failure;
(7) major recent pipeline explosions that led to human
fatalities, including those in Austin, Texas, Philadelphia,
Pennsylvania, and Allentown, Pennsylvania, have been traced to
aging, leaking, and high-risk pipeline infrastructure;
(8) natural gas distribution utilities may be discouraged
from making capital expenditures for the replacement of leaking
and failure-prone pipelines because traditional ratemaking
structures may not allow for cost recovery on a timely basis;
and
(9) according to the Pipeline and Hazardous Materials
Safety Administration, the natural gas pipeline replacement
programs established as part of the ratemaking process in 27
States and the District of Columbia have played a vital role in
enhancing public safety by better ensuring the prompt
rehabilitation, repair, or replacement of high-risk natural gas
distribution infrastructure.
(b) Natural Gas Distribution Companies.--
(1) In general.--Chapter 601 of title 49, United States
Code, is amended by inserting after section 60112 the
following:
``Sec. 60112A. Replacement programs for high-risk natural gas pipelines
``(a) Definition of Gas Pipeline Facility.--In this section, the
term `gas pipeline facility' includes--
``(1) a distribution facility; and
``(2) a gas utility.
``(b) In General.--Each operator of a gas pipeline facility shall,
in accordance with an integrity management program required under
section 60109 of this title, if applicable, accelerate the repair,
rehabilitation, and replacement of gas piping or equipment that--
``(1) is leaking; or
``(2) may pose high risks of leaking, or may no longer be
fit for service, because of--
``(A) inferior materials;
``(B) poor construction practices;
``(C) lack of maintenance; or
``(D) age.
``(c) Policy Options.--
``(1) In general.--In complying with subsection (b), each
State regulatory authority and each nonregulated gas utility
shall consider--
``(A) developing prioritized timelines to repair
all leaks based on the severity of the leak, including
non-hazardous leaks, or replace identified leaking or
high-risk piping or equipment, including leaks
identified as part of an integrity management plan
developed under section 192.1007 of title 49, Code of
Federal Regulations, if applicable;
``(B) adopting a cost-recovery program that
includes--
``(i) replacement plans with targets and
benchmarks for leaking or high-risk
infrastructure replacement;
``(ii) consideration of the economic,
safety, and environmental benefits of reduced
gas leakage, including consideration of reduced
operation and maintenance costs and reduced
costs attributable to lost or unaccounted-for
natural gas; and
``(iii) reporting on the reductions in lost
or unaccounted-for gas as a result of pipeline
replacements;
``(C) adopting a standard definition and
methodology for calculating and reporting unaccounted-
for gas to improve data quality;
``(D) adopting limits on cost recovery for lost and
unaccounted-for gas; and
``(E) requiring use of best available technology to
detect gas leaks.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 601 of title 49, United States Code, is
amended by inserting after the item relating to section 60112
the following:
``60112A. Replacement programs for high-risk natural gas pipelines.''.
(c) Non-Binding Guidelines for Identifying and Classifying High-
Risk Pipeline Infrastructure.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall, after
consultation with State regulatory authorities, the Secretary
of Energy, the Administrator of the Environmental Protection
Agency, the Federal Energy Regulatory Commission, and other
appropriate Federal agencies, and after notice and opportunity
for comment, issue non-binding guidelines identifying best
practices under section 60112A of title 49, United States Code
(as added by subsection (b)).
(2) Preserving the integrity of actions already taken by
state regulatory authorities.--In formulating guidelines under
paragraph (1), the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall, to the extent
practicable, preserve the integrity of, and be guided by,
actions already taken by State regulatory authorities to ensure
proper identification, classification, and timely repair of
high-risk pipeline infrastructure and leaks, including actions
taken after consideration of the standard under section
303(b)(6) of the Public Utility Regulatory Policies Act of 1978
(15 U.S.C. 3203(b)(6)).
(3) Revision of guidelines.--Not less frequently than once
every 7 years, the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall review and, as
appropriate, revise the guidelines issued under paragraph (1)
to reflect changes in the composition and safety performance of
the pipeline infrastructure in the United States.
SEC. 3. DATA STANDARDIZATION.
(a) In General.--Notwithstanding any other provision of law, not
later than 1 year after the date of enactment of this Act, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration and the heads of other applicable Federal agencies
shall, in consultation with State and local agencies under subsection
(c), work jointly to establish and publish forms that adopt a standard
definition and methodology for calculating and reporting unaccounted-
for gas, including, when possible, information on the causes of
unaccounted-for gas and the quantities associated with each cause, for
use by applicable Federal agencies to standardize the data collected on
unaccounted-for gas.
(b) Administration.--In carrying out this section, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration and the heads of other applicable Federal agencies may--
(1) establish an interagency working group; and
(2) enter into a memorandum of understanding.
(c) Consultation With State and Local Agencies.--The Administrator
of the Pipeline and Hazardous Materials Safety Administration and the
heads of other applicable Federal agencies shall offer to work with
State and local regulatory authorities to adopt a standard definition
and methodology for calculating and reporting unaccounted-for gas to
standardize the data collected by Federal, State, and local
governments. | Pipeline Modernization and Consumer Protection Act Requires each operator of a gas pipeline facility, in accordance with an integrity management program, if applicable, to accelerate the repair, rehabilitation, and replacement of gas piping or equipment that is leaking or may pose high risk of leaking. Requires each state regulatory authority and each nonregulated gas utility, in complying with such requirements, to: develop prioritized timelines to repair or replace all leaking or high-risk piping or equipment, and require use of best available technology to detect gas leaks. Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to issue non-binding best practices guidelines for identifying and classifying high-risk pipeline infrastructure and leaks for repair or replacement. Directs the Administrator and the heads of other applicable federal agencies to work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting information on the causes of unaccounted-for gas. | {"src": "billsum_train", "title": "Pipeline Modernization and Consumer Protection Act"} | 1,731 | 207 | 0.521507 | 1.540484 | 0.958552 | 4.797753 | 9.039326 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Bighorn Battlefield National
Monument Enhancement Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The following events were key in the creation of the
Little Bighorn Battlefield National Monument:
(A) On June 25 and 26, 1876, a historic battle
between the United States Seventh Cavalry, led by
General George Armstrong Custer, and an opposing force
of Arapaho, Northern Cheyenne, and Lakota Indians, was
fought near the Little Bighorn River in southern
Montana.
(B) On August 1, 1879, the battlefield was
officially recognized and designated as a national
cemetery under General Order No. 78, Headquarters of
the Army.
(C) On December 7, 1886, Executive Order No. 337443
established the boundary, approximately one mile
square, for the National Cemetery of Custer's
Battlefield Reservation.
(D) On April 14, 1926, the Reno-Benteen Battlefield
was acquired by an Act of Congress (44 Stat. 168), and
the Army was ordered to take charge of the site.
(E) On April 15, 1930, by an Act of Congress (46
Stat. 168), all rights, titles and privileges of the
Crow tribe, from whose reservation the battlefield site
was carved, were granted to the United States.
(F) On August 10, 1939, a public historical museum
was authorized (53 Stat. 1337).
(G) On June 3, 1940, Executive Order No. 8428
transferred management of the area to the National Park
Service, Department of the Interior.
(H) On March 22, 1946, by an Act of Congress
(Public Law 79-332) the area was redesignated, Custer
Battlefield National Monument.
(I) On January 3, 1991, by an Act of Congress
(Public Law 102-201), Custer Battlefield National
Monument was redesignated as Little Bighorn Battlefield
National Monument (referred to in this Act as the
``Monument''), and an Indian memorial was authorized.
(2) The current total size of the Monument is 765.34 acres.
This includes the areas immediately surrounding the cemetery
and a separate area, the Reno-Benteen Battlefield, a few miles
from the cemetery. There are additional sites of historical
interest related to the 1876 battle that are not contained
within the boundaries of the Monument as it is presently
constituted.
(3) The United States has a tradition of preserving the
sites of historic battles, in the conviction that such ground
is hallowed by the sacrifices of those who gave their lives in
conflict, and in the hope that understanding the events of our
past, especially tragic events, helps us to understand the
people we have become. A necessary part of this preserving and
honoring is attempting, as much as is possible, to maintain the
appearance of the places where these struggles occurred as the
participants would have experienced them.
(4) The area surrounding the Monument has seen markedly
increased commercial development in recent years. Such
development not only threatens to intrude on the experience of
visitors to the Monument, but in many instances the development
has actually taken place directly on sites of historical
importance, irrevocably altering physical features of the
landscape that are crucial for understanding what took place at
the Battle of the Little Bighorn.
(5) It is in the interest of the United States to preserve
the integrity of the site of the Battle of the Little Bighorn,
an event of lasting significance for the United States and for
the sovereign Indian nations. In order to preserve this
historical treasure, it is imperative that additional lands
surrounding the Monument be set aside and given protected
status or be made part of the Monument itself.
(6) All areas of the Monument, as well as the other areas
of historical interest, are completely contained within the
external boundaries of the Crow Indian Reservation.
(7) There is every indication that additional land and
facilities are available for inclusion in the Monument through
either voluntary conveyance or by gift or donation from private
individuals and entities.
(b) Purposes.--It is the purpose of this Act--
(1) to establish a cooperative and collaborative process
for expanding and enhancing the Monument;
(2) to ensure that the process established by this Act
reflects the social, historical and cultural concerns of the
Indian tribes participating in such processes in a manner
consistent with the long-standing Federal policy to encourage
tribal self-determination; and
(3) to ensure that the resources within the Monument are
protected and enhanced by--
(A) providing for partnerships between the Crow
Tribe, the National Park Service, and the Native
American Tribes who participated in the Battle of
Little Bighorn; and
(B) encouraging private individuals and entities to
donate land and facilities to the Monument.
SEC. 3. LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT ENHANCEMENT
COMMITTEE.
(a) In General.--There is established a committee to be known as
the ``Little Bighorn Battlefield National Monument Enhancement
Committee'' (referred to in this section as the ``Committee'').
(b) Composition.--The Committee shall be composed of--
(1) 1 member appointed by the Secretary of Interior to
represent the Department of Interior;
(2) 3 members appointed by the Secretary of Interior to
represent the Native American tribes who participated in the
Battle of Little Bighorn; and
(3) 1 member appointed by the Crow Indian tribe.
(c) Administrative Provisions.--
(1) Quorum; meetings.--Three members of the Committee shall
constitute a quorum. The Committee shall act and provide advise
by the affirmative vote of a majority of the members voting at
a meeting at which a quorum is present. The Committee shall
meet on a regular basis. Notice of meetings and the agenda
shall be published in local newspapers which have a
distribution which generally covers the area affected by the
Monument. Committee meetings shall be held at locations and in
such a manner as to ensure adequate public involvement.
(2) Advisory functions.--The Committee shall advise the
Secretary to ensure that the Monument, its resources and
landscape, is sensitive to the history being portrayed and
artistically commendable.
(3) Technical staff.--In order to provide staff support and
technical services to assist the Committee in carrying out its
duties under this Act, upon the request of the Committee, the
Secretary of the Interior is authorized to detail any personnel
of the National Park Service to the Committee.
(4) Compensation.--Members of the Committee shall serve
without compensation but shall be entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(5) Charter.--The provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat.
776), are hereby waived with respect to the Committee.
(d) Duties.--The Committee shall--
(1) maintain a registry of facilities and land that may be
offered by private individuals and entities by gift, sale,
transfer, or other voluntary conveyance for inclusion in the
Monument;
(2) by a majority vote determined whether some or all of a
parcel of land or facility listed on the registry under
paragraph (1) is appropriate for inclusion as a part of the
Monument; and
(3) in the case of a positive recommendation under
subparagraph (A), provide advise to the Secretary on--
(A) whether the land or facility involved may be
available for no or nominal consideration or under what
terms and conditions the owner of such land or facility
would be willing to transfer such land or facility for
inclusion in the Monument for no or nominal
consideration; or
(B) whether the Committee recommends the use of the
Fund established under section 5 to acquire such land
or facility.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this act shall be construed to limit or impair the
jurisdiction or authority of the Crow Indian tribe.
SEC. 5. ESTABLISHMENT OF FUND.
There is established in the Treasury of the United States a fund to
be known as the ``Little Bighorn Battlefield National Monument
Enhancement Fund''. The Fund shall be used as provided for in section
3(d)(3)(B) and shall include--
(1) all amounts appropriated to the Fund; and
(2) all amounts donated to the Fund. | Little Bighorn Battlefield National Monument Enhancement Act of 2001 - Establishes the Little Bighorn Battlefield National Monument Enhancement Committee to advise the Secretary of the Interior to ensure that the Monument, its resources, and landscape are sensitive to the history being portrayed and artistically commendable.Establishes in the Treasury the Little Bighorn Battlefield National Monument Enhancement Fund. | {"src": "billsum_train", "title": "A bill to expand and enhance the Little Bighorn Battlefield National Monument."} | 1,826 | 83 | 0.513876 | 1.35722 | 0.518922 | 4.278689 | 28.786885 | 0.967213 |
1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Student Loan Certainty
Act of 2013''.
SEC. 2. INTEREST RATES.
(a) Interest Rates.--Section 455(b) of the Higher Education Act of
1965 (20 U.S.C. 1087e(b)) is amended--
(1) in paragraph (7)--
(A) in the paragraph heading, by inserting ``and before
july 1, 2013'' after ``on or after july 1, 2006'';
(B) in subparagraph (A), by inserting ``and before July 1,
2013,'' after ``on or after July 1, 2006,'';
(C) in subparagraph (B), by inserting ``and before July 1,
2013,'' after ``on or after July 1, 2006,''; and
(D) in subparagraph (C), by inserting ``and before July 1,
2013,'' after ``on or after July 1, 2006,'';
(2) by redesignating paragraphs (8) and (9) as paragraphs (9)
and (10), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) Interest rate provisions for new loans on or after july
1, 2013.--
``(A) Rates for undergraduate fdsl and fdusl.--
Notwithstanding the preceding paragraphs of this subsection,
for Federal Direct Stafford Loans and Federal Direct
Unsubsidized Stafford Loans issued to undergraduate students,
for which the first disbursement is made on or after July 1,
2013, the applicable rate of interest shall, for loans
disbursed during any 12-month period beginning on July 1 and
ending on June 30, be determined on the preceding June 1 and be
equal to the lesser of--
``(i) a rate equal to the high yield of the 10-year
Treasury note auctioned at the final auction held prior to
such June 1 plus 2.05 percent; or
``(ii) 8.25 percent.
``(B) Rates for graduate and professional fdusl.--
Notwithstanding the preceding paragraphs of this subsection,
for Federal Direct Unsubsidized Stafford Loans issued to
graduate or professional students, for which the first
disbursement is made on or after July 1, 2013, the applicable
rate of interest shall, for loans disbursed during any 12-month
period beginning on July 1 and ending on June 30, be determined
on the preceding June 1 and be equal to the lesser of--
``(i) a rate equal to the high yield of the 10-year
Treasury note auctioned at the final auction held prior to
such June 1 plus 3.6 percent; or
``(ii) 9.5 percent.
``(C) PLUS loans.--Notwithstanding the preceding paragraphs
of this subsection, for Federal Direct PLUS Loans, for which
the first disbursement is made on or after July 1, 2013, the
applicable rate of interest shall, for loans disbursed during
any 12-month period beginning on July 1 and ending on June 30,
be determined on the preceding June 1 and be equal to the
lesser of--
``(i) a rate equal to the high yield of the 10-year
Treasury note auctioned at the final auction held prior to
such June 1 plus 4.6 percent; or
``(ii) 10.5 percent.
``(D) Consolidation loans.--Notwithstanding the preceding
paragraphs of this subsection, any Federal Direct Consolidation
Loan for which the application is received on or after July 1,
2013, shall bear interest at an annual rate on the unpaid
principal balance of the loan that is equal to the weighted
average of the interest rates on the loans consolidated,
rounded to the nearest higher one-eighth of one percent.
``(E) Consultation.--The Secretary shall determine the
applicable rate of interest under this paragraph after
consultation with the Secretary of the Treasury and shall
publish such rate in the Federal Register as soon as
practicable after the date of determination.
``(F) Rate.--The applicable rate of interest determined
under this paragraph for a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a Federal Direct
PLUS Loan shall be fixed for the period of the loan.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on July 1, 2013.
SEC. 3. BUDGETARY EFFECTS.
(a) Paygo Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay- As-You-Go Act of 2010.
(b) Senate Paygo Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
SEC. 4. STUDY ON THE ACTUAL COST OF ADMINISTERING THE FEDERAL STUDENT
LOAN PROGRAMS.
Not later than 120 days after the date of enactment of this Act,
the Comptroller General of the United States shall--
(1) complete a study that determines the actual cost to the
Federal Government of carrying out the Federal student loan
programs authorized under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), which shall--
(A) provide estimates relying on accurate information based
on past, current, and projected data as to the appropriate
index and mark-up rate for the Federal Government's cost of
borrowing that would allow the Federal Government to
effectively administer and cover the cost of the Federal
student programs authorized under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) under the
scoring rules outlined in the Federal Credit Reform Act of 1990
(2 U.S.C. 661 et seq.);
(B) provide the information described in this section in a
way that separates out administrative costs, interest rate, and
other loan terms and conditions; and
(C) set forth clear recommendations to the relevant
authorizing committees of Congress as to how future legislation
can incorporate the results of the study described in this
section to allow for the administration of the Federal student
loan programs authorized under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) without generating any
additional revenue to the Federal Government except revenue
that is needed to carry out such programs; and
(2) prepare and submit a report 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 setting
forth the conclusions of the study described in this section in
such a manner that the recommendations included in the report can
inform future reauthorizations of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Bipartisan Student Loan Certainty Act of 2013 - (Sec. 2) Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set the annual interest rate on Direct Stafford loans and Direct Unsubsidized Stafford loans issued to undergraduate students at the rate on high-yield 10-year Treasury notes plus 2.05%, but caps that rate at 8.25%. Sets the annual interest rate on Direct Unsubsidized Stafford loans issued to graduate or professional students at the rate on high-yield 10-year Treasury notes plus 3.6%, but caps that rate at 9.5%. Sets the annual interest rate on Direct PLUS loans at the rate on high-yield 10-year Treasury notes plus 4.6%, but caps that rate at 10.5%. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Fixes the interest rate on Direct Stafford loans, Direct Unsubsidized Stafford loans, and Direct PLUS loans for the period of the loan. Sets the annual interest rate on Direct Consolidation loans for which an application is received on or after July 1, 2013, at the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%. (Sec. 3) Provides that the budgetary effects of this Act shall not be entered on specified PAYGO scorecards. (Sec. 4) Directs the Comptroller General (GAO) to conduct a study and report to Congress on the actual cost to the federal government of carrying out the federal student loan programs authorized under title IV of the HEA. | {"src": "billsum_train", "title": "Bipartisan Student Loan Certainty Act of 2013"} | 1,546 | 358 | 0.62541 | 1.977317 | 0.865328 | 3.342105 | 4.621711 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Professional Performance Act
of 2008''.
SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR-LEVEL POSITIONS.
(a) Locality Pay.--Section 5304 of title 5, United States Code, is
amended--
(1) in subsection (g), by amending paragraph (2) to read as
follows:
``(2) The applicable maximum under this subsection shall be
level III of the Executive Schedule for--
``(A) positions under subparagraphs (A) and (B) of
subsection (h)(1); and
``(B) any positions under subsection (h)(1)(C) as the
President may determine.''; and
(2) in subsection (h)--
(A) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) in subparagraph (D)--
(I) in clause (v), by striking ``or'' at the end;
(II) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(III) by adding at the end the following:
``(vii) a position to which section 5376 applies
(relating to certain senior-level and scientific and
professional positions).''; and
(iii) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively; and
(B) in paragraph (2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A) through (C)''
and inserting ``subparagraphs (A) and (B)''; and
(II) by striking ``or (vi)'' and inserting ``(vi),
or (vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph (1)(D)'' and inserting
``paragraph (1)(C)''; and
(II) by striking ``or (vi)'' and inserting ``(vi),
or (vii)''.
(b) Access to Higher Maximum Rate of Basic Pay.--Section 5376(b) of
title 5, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) subject to paragraph (3), not greater than the rate
of basic pay payable for level III of the Executive
Schedule.''; and
(2) by adding at the end the following:
``(3) In the case of an agency which has a performance
appraisal system which, as designed and applied, is certified under
section 5307(d) as making meaningful distinctions based on relative
performance, paragraph (1)(B) shall apply as if the reference to
`level III' were a reference to `level II'.
``(4) No employee may suffer a reduction in pay by reason of
transfer from an agency with an applicable maximum rate of pay
prescribed under paragraph (3) to an agency with an applicable
maximum rate of pay prescribed under paragraph (1)(B).''.
(c) Authority for Employment; Appointments; Classification
Standards.--Title 5, United States Code is amended--
(1) in section 3104(a), in the second sentence, by striking
``prescribes'' and inserting ``prescribes and publishes in such
form as the Director may determine'';
(2) in section 3324(a) by striking ``the Office of Personnel
Management'' and inserting: ``the Director of the Office of
Personnel Management on the basis of qualification standards
developed by the agency involved in accordance with criteria
specified in regulations prescribed by the Director'';
(3) in section 3325--
(A) in subsection (a), in the second sentence, by striking
``or its designee for this purpose'' and inserting the
following: ``on the basis of standards developed by the agency
involved in accordance with criteria specified in regulations
prescribed by the Director of the Office of Personnel
Management''; and
(B) by adding at the end the following:
``(c) The Director of the Office of Personnel Management shall
prescribe such regulations as may be necessary to carry out the purpose
of this section.''; and
(4) in section 5108(a)(2) by inserting ``published by the
Director of the Office of Personnel Management in such form as the
Director may determine'' after ``and procedures''.
(d) Effective Date and Application.--
(1) Effective date.--The amendments made by this section shall
take effect on the first day of the first pay period beginning on
or after the 180th day following the date of enactment of this Act.
(2) No reductions in rates of pay.--
(A) In general.--The amendments made by this section may
not result, at the time such amendments take effect, in a
reduction in the rate of basic pay for an individual holding a
position to which section 5376 of title 5, United States Code,
applies.
(B) Determination of rate of pay.--For the purposes of
subparagraph (A), the rate of basic pay for an individual
described in that subparagraph shall be deemed to be the rate
of basic pay set for the individual under section 5376 of title
5, United States Code, plus any applicable locality pay paid to
that individual on the day before the effective date under
paragraph (1), subject to regulations that the Director of the
Office of Personnel Management may prescribe.
(3) References to maximum rates.--Except as otherwise provided
by law, any reference in a provision of law to the maximum rate
under section 5376 of title 5, United States Code--
(A) as provided before the effective date of the amendments
made by this section, shall be considered a reference to the
rate of basic pay for level IV of the Executive Schedule; and
(B) as provided on or after the effective date of the
amendments made by this section, shall be considered a
reference to--
(i) the rate of basic pay for level III of the
Executive Schedule; or
(ii) if the head of the agency responsible for
administering the applicable pay system certifies that the
employees are covered by a performance appraisal system
meeting the certification criteria established by
regulation under section 5307(d), level II of the Executive
Schedule.
SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS.
(a) In General.--Section 5307(d) of title 5, United States Code, is
amended--
(1) in paragraph (2), by striking all after ``purposes of'' and
inserting: ``applying the limitation in the calendar year involved,
has a performance appraisal system certified under this subsection
as making, in its design and application, meaningful distinctions
based on relative performance.''; and
(2) in paragraph (3)(B)--
(A) by striking all beginning with ``An'' through ``2
calendar years'' and inserting ``The certification of an agency
performance appraisal system under this subsection shall be for
a period not to exceed 24 months beginning on the date of
certification, unless extended by the Director of the Office of
Personnel Management for up to 6 additional months''; and
(B) by striking ``, for purposes of either or both of those
years,''.
(b) Extension of Certification.--
(1) Extension to 2009.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment of this Act and
scheduled to expire at the end of calendar year 2008, the
Director of the Office of Personnel Management may provide that
such a certification shall be extended without requiring
additional justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2009; or
(ii) the first anniversary of the date of the
certification.
(2) Extension to 2010.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment and scheduled
to expire at the end of calendar year 2009, the Director of the
Office of Personnel Management may provide that such a
certification shall be extended without requiring additional
justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2010; or
(ii) the second anniversary of the date of the
certification.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Senior Professional Performance Act of 2008 - Amends provisions relating to locality-based comparability payments for federal employees to exempt senior-level (SL) and scientific and professional personnel (ST) employees from limitations on total basic and comparability pay established at level III of the Executive Schedule.
Increases the rate of basic pay for certain senior-level positions to level III. Permits a further increase to level II for agencies with a performance appraisal system that has been certified as making meaningful distinctions based on relative performance. Protects employees who are transferred to an agency subject to existing pay limitations from pay reductions.
Provides that appointments to positions classified above GS-15 may be made on approval of the appointee's qualifications by the Director of the Office of Personnel Management (OPM) on the basis of qualification standards developed by the agency involved in accordance with criteria prescribed by the Director.
Makes the amendments to senior-level pay provisions effective 180 days after enactment. Prohibits a reduction in the rate of basic pay for certain senior-level positions as a result of amendments made by this Act.
Limits an agency's certification of performance appraisal systems to 24 months, with an additional extension of up to six months by the Director. Allows extensions of certifications scheduled to expire at the end of 2008 or 2009. | {"src": "billsum_train", "title": "A bill to modify pay provisions relating to certain senior-level positions in the Federal Government, and for other purposes."} | 1,977 | 287 | 0.453499 | 1.324272 | 0.730336 | 2.830645 | 7.479839 | 0.830645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Child Well-Being Research Act
of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The well-being of children is a paramount concern for
our Nation and for every State, and most programs for children
and families are managed at the State or local level.
(2) Child well-being varies over time and across social,
economic, and geographic groups, and can be affected by changes
in the circumstances of families, by the economy, by the social
and cultural environment, and by public policies and programs
at both the Federal and State level.
(3) States, including small States, need information about
child well-being that is specific to their State and that is
up-to-date, cost-effective, and consistent across States and
over time.
(4) Regular collection of child well-being information at
the State level is essential so that Federal and State
officials can track child well-being over time.
(5) Information on child well-being is necessary for all
States, particularly small States that do not have State-level
data in other federally supported data bases, such as the
Survey of Income and Program Participation.
(6) Telephone surveys of parents, on the other hand,
represent a relatively cost-effective strategy for obtaining
information on child well-being at the State level for all
States, including small States.
(7) Data from telephone surveys of the population are used
to monitor progress toward many important national goals,
including immunization of preschool children with the National
Immunization Survey, and the identification of health care
issues of children with special needs with the National Survey
of Children with Special Health Care Needs.
(8) A State-level telephone survey can provide information
on a range of topics, including children's social and emotional
development, education, health, safety, family income, family
employment, and child care. Information addressing marriage and
family structure can also be obtained for families with
children. Information obtained from such a survey would not be
available solely for children or families participating in
programs but would be representative of the entire State
population and consequently, would not only inform welfare
policymaking, but policymaking on a range of other important
issues, such as child care, child welfare, and education.
SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Indicators of Child Well-Being.--
``(1) In general.--The Secretary, through grants,
contracts, or interagency agreements shall develop
comprehensive indicators to assess child well-being in each
State.
``(2) Requirements.--
``(A) In general.--The indicators developed under
paragraph (1) shall include measures related to the
following:
``(i) Education.
``(ii) Social and emotional development.
``(iii) Health and safety.
``(iv) Family well-being, such as family
structure, income, employment, child care
arrangements, and family relationships.
``(B) Other requirements.--The data collected with
respect to the indicators developed under paragraph (1)
shall be--
``(i) statistically representative at the
State level;
``(ii) consistent across States;
``(iii) collected on an annual basis for at
least the 5 years preceding the year of
collection;
``(iv) expressed in terms of rates or
percentages;
``(v) statistically representative at the
national level;
``(vi) measured with reliability;
``(vii) current; and
``(viii) over-sampled, with respect to low-
income children and families.
``(C) Consultation.--In developing the indicators
required under paragraph (1) and the means to collect
the data required with respect to the indicators, the
Secretary shall consult and collaborate with the
Federal Interagency Forum on Child and Family
Statistics.
``(3) Advisory panel.--
``(A) Establishment.--The Secretary shall establish
an advisory panel to make recommendations regarding the
appropriate measures and statistical tools necessary
for making the assessment required under paragraph (1)
based on the indicators developed under that paragraph
and the data collected with respect to the indicators.
``(B) Membership.--
``(i) In general.--The advisory panel
established under subparagraph (A) shall
consist of the following:
``(I) One member appointed by the
Secretary of Health and Human Services.
``(II) One member appointed by the
Chairman of the Committee on Ways and
Means of the House of Representatives.
``(III) One member appointed by the
Ranking Member of the Committee on Ways
and Means of the House of
Representatives.
``(IV) One member appointed by the
Chairman of the Committee on Finance of
the Senate.
``(V) One member appointed by the
Ranking Member of the Committee on
Finance of the Senate.
``(VI) One member appointed by the
Chairman of the National Governors
Association, or the Chairman's
designee.
``(VII) One member appointed by the
President of the National Conference of
State Legislatures or the President's
designee.
``(VIII) One member appointed by
the Director of the National Academy of
Sciences, or the Director's designee.
``(ii) Deadline.--The members of the
advisory panel shall be appointed not later
than 2 months after the date of enactment of
the State Child Well-Being Research Act of
2004.
``(C) Meetings.--The advisory panel established
under subparagraph (A) shall meet--
``(i) at least 3 times during the first
year after the date of enactment of the State
Child Well-Being Research Act of 2004; and
``(ii) annually thereafter for the 3
succeeding years.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2005
through 2009, $15,000,000 for the purpose of carrying out this
subsection.''. | State Child Well-Being Research Act of 2004 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require the Secretary of Health and Human Services to develop comprehensive indicators to assess child well-being in each State.
Directs the Secretary to establish an advisory panel to make recommendations regarding the appropriate measures and statistical tools necessary for making such assessment. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being."} | 1,331 | 89 | 0.429491 | 1.175408 | 0.574161 | 4.518987 | 16.721519 | 0.898734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest System Trails
Stewardship Act of 2014''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The National Forest System features a world-class trail
system with over 158,000 miles of trails that provide world-
class opportunities for hiking, horseback riding, hunting,
mountain bicycling, motorized vehicles, and other outdoor
activities.
(2) According to the Government Accountability Office, the
Forest Service is only able to maintain about one-quarter of
National Forest System trails to the agency standard, and the
agency faces a trail maintenance backlog of $314,000,000, and
an additional backlog of $210,000,000 in annual maintenance,
capital improvements, and operations.
(3) The lack of maintenance on National Forest System
trails threatens access to public lands, and may cause
increased environmental damage, threaten public safety, and
increase future maintenance costs.
(4) Federal budget limitations require solutions to
National Forest System trail maintenance issues that make more
efficient use of existing resources.
(5) Volunteers, partners, and outfitters and guides play an
important role in maintaining National Forest System trails,
and a comprehensive strategy is needed to ensure that
volunteers and partners are used as effectively as possible.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrative unit.--The term ``Administrative Unit''
means a national forest or national grassland.
(2) Outfitter or guide.--The term ``outfitter or guide''
means an individual, organization, or business who provides
outfitting or guiding services, as defined in section 251.51 of
title 36, Code of Federal Regulations.
(3) Partner.--The term ``partner'' means a non-Federal
entity that engages in a partnership.
(4) Partnership.--The term ``partnership'' means
arrangements between the Department of Agriculture or the
Forest Service and a non-Federal entity that are voluntary,
mutually beneficial, and entered into for the purpose of
mutually agreed upon objectives.
(5) Priority area.--The term ``priority area'' means a
well-defined region on National Forest System land selected by
the Secretary under section 5(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Strategy.--The term ``strategy'' means the National
Forest System Trails Volunteer and Partnership Strategy
authorized by section 4(a).
(8) Trail maintenance.--The term ``trail maintenance''
means any activity to maintain the usability and sustainability
of trails within the National Forest System, including--
(A) ensuring trails are passable by the users for
which they are managed;
(B) preventing environmental damage resulting from
trail deterioration;
(C) protecting public safety; and
(D) averting future deferred maintenance costs.
(9) Volunteer.--The term ``Volunteer'' has the same meaning
given that term in section 553.101 of title 29, Code of Federal
Regulations.
SEC. 4. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND PARTNERSHIP
STRATEGY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register a strategy to significantly increase the role of volunteers
and partners in trail maintenance.
(b) Required Elements.--The strategy required by subsection (a)
shall--
(1) augment and support the capabilities of Federal
employees to carry out or contribute to trail maintenance;
(2) provide meaningful opportunities for volunteers and
partners to carry out trail maintenance in each region of the
Forest Service;
(3) address the barriers to increased volunteerism and
partnerships in trail maintenance identified by volunteers,
partners, and others;
(4) prioritize increased volunteerism and partnerships in
trail maintenance in those regions with the most severe trail
maintenance needs, and where trail maintenance backlogs are
jeopardizing access to National Forest lands; and
(5) aim to increase trail maintenance by volunteers and
partners by 100 percent by the date that is 5 years after the
date of the enactment of this Act.
(c) Additional Requirement.--As a component of the strategy, the
Secretary shall study opportunities to improve trail maintenance by
addressing opportunities to use fire crews in trail maintenance
activities in a manner that does not jeopardize firefighting
capabilities, public safety, or resource protection. Upon a
determination that trail maintenance would be advanced by use of fire
crews in trail maintenance, the Secretary shall incorporate these
proposals into the strategy, subject to such terms and conditions as
the Secretary determines to be necessary.
(d) Volunteer Liability.--
(1) In general.--Section 3(d) of Public Law 92-300 (16
U.S.C. 558a (note), 558a-558d; 86 Stat. 147) is amended by
adding ``, including a volunteer affiliated with a partner
organization,'' after ``title''.
(2) Additional requirement.--Not later than 2 years after
the date of the enactment of this Act, the Secretary shall
adopt regulations implementing this section. These regulations
shall ensure that the financial risk from claims or liability
associated with volunteers undertaking trail maintenance is
shared by all administrative units.
(e) Consultation.--The Secretary shall develop the strategy in
consultation with volunteer and partner trail maintenance
organizations, a broad array of outdoor recreation stakeholders, and
other relevant stakeholders.
(f) Volunteer and Partnership Coordination.--The Secretary shall
require each administrative unit to develop a volunteer and partner
coordination implementation plan for the strategy which clearly defines
roles and responsibilities for the administrative unit and district
staff, and includes strategies to ensure sufficient coordination,
assistance, and support for volunteers and partners to improve trail
maintenance.
(g) Report.--
(1) Contents.--The Secretary shall prepare a report on--
(A) the effectiveness of the strategy in addressing
the trail maintenance backlog;
(B) the increase in volunteerism and partnership
efforts on trail maintenance as a result of the
strategy;
(C) the miles of National Forest System trails
maintained by volunteers and partners, and the
approximate value of the volunteer and partnership
efforts;
(D) the status of the stewardship credits for
outfitters and guides pilot program described in
section 7 that includes the number of participating
sites, total amount of the credits offered, estimated
value of trail maintenance performed, and suggestions
for revising the program; and
(E) recommendations for further increasing
volunteerism and partnerships in trail maintenance.
(2) Submission.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit the report
required by paragraph (1) to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 5. PRIORITY TRAIL MAINTENANCE PROGRAM.
(a) Selection.--In accordance with subsections (b) and (c), not
later than 6 months after the date of the enactment of this Act, the
Secretary of Agriculture shall select no fewer than 9 and no more than
15 priority areas for increased trail maintenance accomplishments.
(b) Criteria.--Priority areas shall include a well-defined region
on National Forest System land where the lack of trail maintenance
has--
(1) reduced access to public land;
(2) led to an increase, or risk of increase, in harm to
natural resources;
(3) jeopardized public safety;
(4) resulted in trails being impassible by the intended
managed users; or
(5) increased future deferred trail maintenance costs.
(c) Requirements.--In selecting priority areas, the Secretary
shall--
(1) consider any public input on priority areas received
within 3 months of the date of enactment of this Act; and
(2) select at least one priority area in each region of the
United States Forest Service.
(d) Increased Trail Maintenance.--
(1) In general.--Within 6 months of the selection of
priority areas under subsection (a), and in accordance with
paragraph (2), the Secretary shall develop an approach to
substantially increase trail maintenance accomplishments within
each priority area.
(2) Contents.--In developing the approach under paragraph
(1), the Secretary shall--
(A) consider any public input on trail maintenance
priorities and needs within any priority area;
(B) consider the costs and benefits of increased
trail maintenance within each priority area; and
(C) incorporate partners and volunteers in the
trail maintenance.
(3) Required trail maintenance.--Utilizing the approach
developed under paragraph (1), the Secretary shall
substantially increase trail maintenance within each priority
area.
(e) Coordination.--The regional volunteer and partnership
coordinators may be responsible for assisting partner organizations in
developing and implementing volunteer and partnership projects to
increase trail maintenance within priority areas.
(f) Revision.--The Secretary shall periodically review the priority
areas to determine whether revisions are necessary and may revise the
priority areas, including the selection of new priority areas or
removal of existing priority areas, at his sole discretion.
SEC. 6. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into a cooperative
agreement (within the meaning of chapter 63 of title 31, United States
Code) with any State, tribal, local governmental, and private entity to
carry out this Act.
(b) Contents.--Cooperative agreements authorized under this section
may--
(1) improve trail maintenance in a priority area;
(2) implement the strategy; or
(3) advance trail maintenance in a manner deemed
appropriate by the Secretary.
SEC. 7. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES.
(a) Pilot Program.--Within 1 year after the date of enactment of
this Act, in accordance with this section, the Secretary shall
establish a pilot program on not less than 20 administrative units to
offset all or part of the land use fee for an outfitting and guiding
permit by the cost of the work performed by the permit holder to
construct, improve, or maintain National Forest System trails,
trailheads, or developed sites that support public use under terms
established by the Secretary.
(b) Additional Requirements.--In establishing the pilot program
authorized by subsection (a), the Secretary shall--
(1) select administrative units where the pilot program
will improve trail maintenance; and
(2) establish appropriate terms and conditions. | National Forest System Trails Stewardship Act of 2014 - Directs the Department of Agriculture (USDA) to publish a national strategy to significantly increase the role of volunteers and partners in trail maintenance. Requires the strategy to: (1) augment and support the capabilities of federal employees to carry out or contribute to trail maintenance; (2) provide opportunities for volunteers and partners to carry out trail maintenance in each region of the Forest Service; (3) address the barriers to increased volunteerism and partnerships; (4) prioritize increased volunteerism and partnerships in those regions with the most severe trail maintenance needs, and where backlogs are jeopardizing access to national forest lands; and (5) aim to increase trail maintenance by volunteers and partners by 100% within 5 years. Directs USDA to study opportunities to improve trail maintenance by addressing opportunities to use fire crews in trail maintenance activities. Deems a volunteer with a partner organization to be considered a federal employee for the purposes of civil claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer services. Sets forth provisions for the selection of priority areas for increased trail maintenance accomplishments. Directs USDA to establish a pilot program to offset all or part of the land use fee for outfitting and guiding permits. | {"src": "billsum_train", "title": "National Forest System Trails Stewardship Act of 2014"} | 2,278 | 271 | 0.596384 | 1.87304 | 0.909795 | 5.571429 | 8.620408 | 0.893878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Our Patriotic Businesses
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From September 2001 through November 2004,
approximately 410,000 members of the reserve components of the
Armed Forces, including the National Guard and Reserves, have
been mobilized in support of United States military operations.
(2) According to 2004 data from the Manpower Data Center of
the Department of Defense, an estimated 35 percent of Guard
members and Reservists are either self-employed or own or are
employed by a small business.
(3) The majority of privately employed National Guard and
Reserve members either work for a small business or are self-
employed.
(4) As a result of activations, many small businesses have
been forced to go without their owners and key personnel for
months, and sometimes years, on end.
(5) The effects have been devastating to such patriotic
small businesses.
(6) The Office of Veterans Business Development of the
Small Business Administration has made a concerted effort to
reach out to small businesses affected by deployments, but
given the sheer numbers of those deployed, their resources have
been stretched thin.
(7) In addition, the Office of Veterans Business
Development has been required to broaden its delivery of
services, as directed by Executive Order 13360, to provide
procurement training programs for service-disabled veterans.
(8) This Act will help to stem the effects of National
Guard and Reservist deployments on small businesses, and better
assist veterans and service-disabled veterans with their
business needs.
SEC. 3. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS
DEVELOPMENT.
There is authorized to be appropriated to the Office of Veterans
Business Development of the Small Business Administration, and to
remain available until expended--
(1) $2,000,000 for fiscal year 2006;
(2) $2,100,000 for fiscal year 2007; and
(3) $2,200,000 for fiscal year 2008.
SEC. 4. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON VETERANS
BUSINESS AFFAIRS.
(a) Assumption of Duties.--Section 33 of the Small Business Act (15
U.S.C. 657c) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (k) as
subsections (h) through (j), respectively.
(b) Permanent Extension of Authority.--Section 203 of the Veterans
Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C.
657b note) is amended by striking subsection (h).
SEC. 5. PROFESSIONAL AND OCCUPATIONAL LICENSING.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. App. 591 et seq.) is amended by adding at the end the
following new section:
``SEC. 707. CONTINUING EDUCATION REQUIREMENTS FOR PROFESSIONAL AND
OCCUPATIONAL LICENSES.
``(a) Applicability.--This section applies to any servicemember
who, after the date of enactment of this section, is ordered to active
duty (other than for training) pursuant to section 688, 12301(a),
12301(g), 12302, 12304, 12306, or 12307 of title 10, United States
Code, or who is ordered to active duty under section 12301(d) of such
title, during a period when members are on active duty pursuant to any
such section.
``(b) Continuing Education Requirements.--A servicemember described
in subsection (a) may not be required to complete the satisfaction of
any continuing education requirements imposed with respect to the
profession or occupation of the servicemember that accrue during the
period of active duty of the servicemember as described in that
subsection--
``(1) during such period of active duty; and
``(2) during the 120-day period beginning on the date of
the release of the servicemember from such period of active
duty.
``(c) Active Duty Defined.--In this section, the term `active duty'
has the meaning given that term in section 101(d) of title 10, United
States Code.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by adding at the end the following new item:
``Sec. 707. Continuing education requirements for professional
and occupational licenses.''.
SEC. 6. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL
BUSINESSES.
Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is
amended by adding at the end the following:
``(5) Relief from time limitations.--
``(A) In general.--Any time limitation on any
qualification, certification, or period of
participation imposed under this Act on any program
available to small business concerns shall be extended
for a small business concern that--
``(i) is owned and controlled by--
``(I) a veteran who was called or
ordered to active duty under a
provision of law specified in section
101(a)(13)(B) of title 10, United
States, on or after September 11, 2001;
or
``(II) a service-disabled veteran
who became such a veteran due to an
injury or illness incurred or
aggravated in the active miliary,
naval, or air service during a period
of active duty pursuant to a call or
order to active duty under a provision
of law referred to in subclause (I) on
or after September 11, 2001; and
``(ii) was subject to the time limitation
during such period of active duty.
``(B) Duration.--Upon submission of proper
documentation to the Administrator, the extension of a
time limitation under subparagraph (A) shall be equal
to the period of time that such veteran who owned or
controlled such a concern was on active duty as
described in that subparagraph.''.
SEC. 7. COUNSELING OF MEMBERS OF THE NATIONAL GUARD AND RESERVES ON
NOTIFICATION OF EMPLOYERS REGARDING MOBILIZATION.
(a) Counseling Required.--The Secretary of each military department
shall provide each member of a reserve component of the Armed Forces
under the jurisdiction of the Secretary who is on active duty for a
period of more than 30 days, or on the reserve active-status list,
counseling on the importance of notifying such member's employer on a
timely basis of any call or order of such member to active duty other
than for training.
(b) Frequency of Counseling.--Each member of the Armed Forces
described in subsection (a) shall be provided the counseling required
by that subsection not less often than once each year.
SEC. 8. STUDY ON OPTIONS FOR IMPROVING TIMELY NOTICE OF EMPLOYERS OF
MEMBERS OF THE NATIONAL GUARD AND RESERVES REGARDING
MOBILIZATION.
(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a
study of the feasibility and advisability of various options
for improving the time in which employers of members of the
reserve components of the Armed Forces are notified of the call
or order of such members to active duty other than for
training.
(2) Purpose.--The purpose of the study under paragraph (1)
shall be to identify mechanisms, if any, for eliminating or
reducing the time between--
(A) the date of the call or order of members of the
reserve components of the Armed Forces to active duty;
and
(B) the date on which employers of such members are
notified of the call or order of such members to active
duty.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on the study conducted under subsection
(a). The report shall include--
(1) a description of the study, including the options
addressed under the study; and
(2) such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
results of the study.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Small Business and
Entrepreneurship of the Senate; and
(2) the Committees on Armed Services and Small Business of
the House of Representatives. | Supporting Our Patriotic Businesses Act of 2005 - Authorizes appropriations for the Small Business Administration's (SBA) Office of Veteran Business Development.
Amends the Veterans Entrepreneurship and Small Business Development Act of 1999 to permanently extend the authority and duties of the SBA's Advisory Committee on Veterans Business Affairs.
Amends the Servicemembers Civil Relief Act to exempt service members called to active duty from professional or occupational continuing education requirements while they are called up, or within the 120-day period after active duty release.
Amends the Small Business Act to allow small businesses owned by veterans and service-disabled veterans to extend their SBA program participation time limitations by the length of time of active duty.
Requires the Secretary of each military department to take measures to counsel Guard and Reserve members about the importance of timely notifying their employers after they receive active duty orders (other than training). | {"src": "billsum_train", "title": "A bill to provide additional relief for small business owners ordered to active duty as members of reserve components of the Armed Forces, and for other purposes."} | 1,930 | 193 | 0.544571 | 1.57783 | 0.843649 | 2.413174 | 10.08982 | 0.844311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Polygamy Assistance Act
of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the fact that polygamy has been illegal in the
United States for over 100 years, the practice of polygamy
involving underage marriages is growing. Sizable polygamist
communities exist in Arizona, Utah, and Nevada, and are
expanding into other States.
(2) Polygamist communities are typically controlled by
organizations that engage in widespread and systematic
violations of State laws and the laws of the United States in
order to enrich their leaders and maintain control over their
members.
(3) The crimes perpetrated by these organizations include
child abuse, domestic violence, welfare fraud, tax evasion,
public corruption, witness tampering, and transporting victims
across State lines.
(4) Due to the systematic and sophisticated nature of these
crimes, State and local law enforcement agencies would benefit
from the assistance of the Federal Government as they
investigate and prosecute these organizations and their leaders
for violations of State law. In addition, violations of Federal
law associated with polygamy should be investigated and
prosecuted directly by Federal authorities.
(5) The work of State and Federal law enforcement agencies
to combat crimes by polygamist organizations would benefit from
enhanced collaboration and information-sharing among such
agencies.
(6) The establishment of a task force within the Department
of Justice to coordinate Federal efforts and collaborate with
State agencies would aid in the investigation and prosecution
of criminal activities of polygamist organizations in both
Federal and State courts.
(7) Polygamist organizations isolate, control, manipulate,
and threaten victims with retribution should they ever abandon
the organization. Individuals who choose to testify against
polygamist organizations in Federal or State court have unique
needs, including social services and witness protection
support, that warrant Federal assistance.
SEC. 3. ESTABLISHMENT OF A FEDERAL POLYGAMY TASK FORCE.
(a) Establishment.--There is established within the Department of
Justice a Federal Polygamy Task Force, which shall consist of the
Deputy Attorney General, the United States attorneys from affected
Federal judicial districts, representatives of the Federal Bureau of
Investigation, the Internal Revenue Service, the Department of Labor,
and the Department of Health and Human Services, and any officer of the
Federal Government whom the Deputy Attorney General considers necessary
to strengthen Federal law enforcement activities and provide State and
local law enforcement officials the assistance they need to address the
illegal activity of one or more polygamist organizations.
(b) Purposes.--The Federal Polygamy Task Force established under
subsection (a) shall--
(1) formulate effective responses to the unique set of
crimes committed by polygamist organizations;
(2) establish partnerships with State and local law
enforcement agencies to share relevant information and
strengthen State and Federal efforts to combat crimes
perpetrated by polygamist organizations;
(3) assist States by providing strategies and support for
the protection of witnesses;
(4) track the criminal behavior of polygamist organizations
that cross State and international borders; and
(5) ensure that local officials charged with protecting the
public are not corrupted because of financial, family, or
membership ties to a polygamist organization.
SEC. 4. POLYGAMY VICTIM ASSISTANCE DISCRETIONARY GRANTS.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by inserting after section 1404E the following:
``SEC. 1404F. ASSISTANCE FOR VICTIMS OF POLYGAMY.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of rights and provision of
social services (including witness protection, housing, education,
vocational training, mental health services, child care, and medical
treatment) for an individual who is exploited or otherwise victimized
by practitioners of polygamy.
``(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
``(1) $2,000,000 for fiscal year 2009; and
``(2) $2,500,000 for each of the fiscal years 2010, 2011,
2012, and 2013.
``(c) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
SEC. 5. POLYGAMY INVESTIGATION AND PROSECUTION ASSISTANCE DISCRETIONARY
GRANTS.
Section 506(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756(a)) 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) $2,000,000, to be granted by the Attorney General to
States and units of local government to investigate and
prosecute polygamist organizations that violate Federal, State,
or local laws.''. | Victims of Polygamy Assistance Act of 2008 - Establishes within the Department of Justice a Federal Polygamy Task Force to strengthen federal law enforcement activities and provide state and local law enforcement officials the assistance they need to address the illegal activity of one or more polygamist organizations.
Requires the Federal Polygamy Task Force to: (1) formulate effective responses to the unique set of crimes committed by polygamist organizations; (2) establish partnerships with state and local law enforcement agencies to share relevant information and strengthen state and federal efforts to combat crimes perpetrated by polygamist organizations; (3) assist states by providing strategies and support for the protection of witnesses; (4) track the criminal behavior of polygamist organizations that cross state and international borders; and (5) ensure that local officials charged with protecting the public are not corrupted because of financial, family, or membership ties to a polygamist organization.
Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to specified entities to develop, establish, and maintain programs for the enforcement of rights and provision of social services for an individual exploited or otherwise victimized by practitioners of polygamy.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for discretionary grants by the Attorney General to states and local governments to investigate and prosecute polygamist organizations that violate federal, state, or local laws. | {"src": "billsum_train", "title": "A bill to establish a Federal Polygamy Task Force, to authorize assistance for victims of polygamy, and for other purposes."} | 1,208 | 306 | 0.695713 | 2.283395 | 0.847721 | 7.180451 | 4.116541 | 0.969925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Act of 2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5896. Imposition of tax.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. windfall profit on crude oil and refined petroleum
products''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the cost of any qualified passenger
vehicle purchased by the taxpayer during the taxable year.
``(b) Maximum Credit.--The credit allowed by this section for the
taxable year shall not exceed--
``(1) $3,000 in the case of a qualified passenger vehicle
not described in paragraph (2) or (3),
``(2) $4,500 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 45 miles per gallon but less than 55 miles per
gallon, and
``(B) in any other case, at least 55 miles per
gallon but less than 65 miles per gallon, and
``(3) $6,000 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 55 miles per gallon, and
``(B) in any other case, at least 65 miles per
gallon.
``(c) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified automobile' means
any automobile (as defined in section 4064(b))--
``(A) which is purchased after the date of the
enactment of this section,
``(B) which is assembled in the United States by
individuals employed under a collective bargaining
agreement,
``(C) the original use of which begins with the
taxpayer,
``(D) substantially all of the use of which is for
personal, nonbusiness purposes, and
``(E) the fuel economy of such automobile is--
``(i) at least 35 miles per gallon in the
case a truck or sport utility vehicle, and
``(ii) at least 45 miles per gallon in any
other case.
``(2) Fuel economy.--Fuel economy shall be determined in
accordance with section 4064.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b).''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Purchase of fuel-efficient American-made passenger
vehicles.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES.
(a) In General.--The Secretary of Transportation may make grants to
the operator of a mass transit system to assist the operator in
reducing fares paid by passengers using the system.
(b) Use of Grants.--Grants received under the program shall be used
solely for implementing a fare reduction described in subsection (a)
that is applied equally to all passengers using the mass transit
system.
(c) Mass Transit System Defined.--In this section, the term ``mass
transit system'' includes bus and commuter rail systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section in a fiscal year amounts
equivalent to the excess (if any) of--
(1) the revenues received during the preceding fiscal year
pursuant to chapter 56 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and refined petroleum
products), over
(2) the revenue cost for such fiscal year of section 25C of
such Code (relating to purchase of fuel-efficient American-made
passenger vehicles).
Amounts authorized under the preceding sentence shall remain available
until expended.
SEC. 5. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5896 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section. | Gas Price Spike Act of 2005 - Amends the Internal Revenue Code to impose a windfall profit tax on crude oil, natural gas, or products of crude oil or natural gas. Defines "windfall profit" as so much of the profit on a sale of crude oil, natural gas, or related products as exceeds a reasonable profit. Establishes the Reasonable Profits Board to determine levels of reasonable profit from the sale of such products.
Allows a tax credit for the purchase of certain fuel-efficient, American-made passenger vehicles.
Authorizes the Secretary of Transportation to make grants to operators of mass transit systems, including bus and commuter rail systems, to reduce passenger fares on such systems. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to allow an income tax credit for purchases of fuel-efficient passenger vehicles, and to allow grants for mass transit."} | 2,452 | 155 | 0.544064 | 1.484343 | 0.704386 | 3.180451 | 16.255639 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earthquake Hazards Reduction
Authorization Act of 2000''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Emergency Management Agency.--Section 12(a)(7) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is
amended--
(1) by striking ``and'' after ``1998''; and
(2) by striking ``1999.'' and inserting ``1999; $19,861,000
for the fiscal year ending September 30, 2001, of which
$450,000 is for National Earthquake Hazard Reduction Program-
eligible efforts of an established multi-state consortium to
reduce the unacceptable threat of earthquake damages in the New
Madrid seismic region through efforts to enhance preparedness,
response, recovery, and mitigation; $20,705,000 for the fiscal
year ending September 30, 2002; and $21,585,000 for the fiscal
year ending September 30, 2003.''.
(b) United States Geological Survey.--Section 12(b) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is
amended--
(1) by inserting after ``operated by the Agency.'' the
following: ``There are authorized to be appropriated to the
Secretary of the Interior for purposes of carrying out, through
the Director of the United States Geological Survey, the
responsibilities that may be assigned to the Director under
this Act $48,360,000 for fiscal year 2001, of which $3,500,000
is for the Global Seismic Network and $100,000 is for the
Scientific Earthquake Studies Advisory Committee established
under section 10 of the Earthquake Hazards Reduction Act of
2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is
for the Global Seismic Network and $100,000 is for the
Scientific Earthquake Studies Advisory Committee; and
$52,558,000 for fiscal year 2003, of which $3,700,000 is for
the Global Seismic Network and $100,000 is for the Scientific
Earthquake Studies Advisory Committee;
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking ``1999,'' at the end of paragraph (2) and
inserting ``1999;''; and
(4) by inserting after paragraph (2) the following:
``(3) $9,000,000 of the amount authorized to be
appropriated for fiscal year 2001;
``(4) $9,250,000 of the amount authorized to be
appropriated for fiscal year 2002; and
``(5) $9,500,000 of the amount authorized to be
appropriated for fiscal year 2003,''.
(c) Real-time Seismic Hazard Warning System.--Section 2(a)(7) of
the Act entitled ``An Act To authorize appropirations for carrying out
the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and
1999, and for other purposes (111 Stat. 1159; 42 U.S.C. 7704 nt) is
amended by striking ``1999.'' and inserting ``1999, $2,600,000 for
fiscal year 2001, $2,710,000 for fiscal year 2002, and $2,825,000 for
fiscal year 2003.''.
(d) National Science Foundation.--Section 12(c) of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended--
(1) by striking ``1998, and'' and inserting ``1998,''; and
(2) by striking ``1999.'' and inserting ``1999, and (5)
$19,000,000 for engineering research and $11,900,000 for
geosciences research for the fiscal year ending September 30,
2001. There are authorized to be appropriated to the National
Science Foundation $19,808,000 for engineering research and
$12,406,000 for geosciences research for fiscal year 2002 and
$20,650,000 for engineering research and $12,933,000 for
geosciences research for fiscal year 2003.''.
(e) National Institute of Standards and Technology.--Section 12(d)
of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is
amended--
(1) by striking ``1998, and''; and inserting ``1998,''; and
(2) by striking ``1999.'' and inserting ``1999, $2,332,000
for fiscal year 2001, $2,431,000 for fiscal year 2002, and
$2,534,300 for fiscal year 2003.''.
SEC. 3. REPEALS.
Section 10 and subsections (e) and (f) of section 12 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e)
and (f)) are repealed.
SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
``(a) Establishment.--The Director of the United States Geological
Survey shall establish and operate an Advanced National Seismic
Research and Monitoring System. The purpose of such system shall be to
organize, modernize, standardize, and stabilize the national, regional,
and urban seismic monitoring systems in the United States, including
sensors, recorders, and data analysis centers, into a coordinated
system that will measure and record the full range of frequencies and
amplitudes exhibited by seismic waves, in order to enhance earthquake
research and warning capabilities.
``(b) Management Plan.--Not later than 90 days after the date of
the enactment of the Earthquake Hazards Reduction Authorization Act of
2000, the Director of the United States Geological Survey shall
transmit to the Congress a 5-year management plan for establishing and
operating the Advanced National Seismic Research and Monitoring System.
The plan shall include annual cost estimates for both modernization and
operation, milestones, standards, and performance goals, as well as
plans for securing the participation of all existing networks in the
Advanced National Seismic Research and Monitoring System and for
establishing new, or enhancing existing, partnerships to leverage
resources.
``(c) Authorization of Appropriations.--
``(1) Expansion and modernization.--In addition to amounts
appropriated under section 12(b), there are authorized to be
appropriated to the Secretary of the Interior, to be used by
the Director of the United States Geological Survey to
establish the Advanced National Seismic Research and Monitoring
System--
``(A) $33,500,000 for fiscal year 2002;
``(B) $33,700,000 for fiscal year 2003;
``(C) $35,100,000 for fiscal year 2004;
``(D) $35,000,000 for fiscal year 2005; and
``(E) $33,500,000 for fiscal year 2006.
``(2) Operation.--In addition to amounts appropriated under
section 12(b), there are authorized to be appropriated to the
Secretary of the Interior, to be used by the Director of the
United States Geological Survey to operate the Advanced
National Seismic Research and Monitoring System--
``(A) $4,500,000 for fiscal year 2002; and
``(B) $10,300,000 for fiscal year 2003.''.
SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
``(a) Establishment.--The Director of the National Science
Foundation shall establish the George E. Brown, Jr. Network for
Earthquake Engineering Simulation that will upgrade, link, and
integrate a system of geographically distributed experimental
facilities for earthquake engineering testing of full-sized structures
and their components and partial-scale physical models. The system
shall be integrated through networking software so that integrated
models and databases can be used to create model-based simulation, and
the components of the system shall be interconnected with a computer
network and allow for remote access, information sharing, and
collaborative research.
``(b) Authorization of Appropriations.--In addition to amounts
appropriated under section 12(c), there are authorized to be
appropriated $28,200,000 for fiscal year 2001 for the Network for
Earthquake Engineering Simulation. In addition to amounts appropriated
under section 12(c), there are authorized to be appropriated to the
National Science Foundation for the Network for Earthquake Engineering
Simulation--
``(1) $24,400,000 for fiscal year 2002;
``(2) $4,500,000 for fiscal year 2003; and
``(3) $17,000,000 for fiscal year 2004.''.
SEC. 6. BUDGET COORDINATION.
Section 5 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7704) is amended--
(1) by striking subparagraph (A) of subsection (b)(1) and
redesignating subparagraphs (B) through (F) of subsection
(b)(1) as subparagraphs (A) through (E), respectively;
(2) by striking ``in this paragraph'' in the last sentence
of paragraph (1) of subsection (b) and inserting ``in
subparagraph (E)''; and
(3) by adding at the end the following new subsection:
``(c) Budget Coordination.--
``(1) Guidance.--The Agency shall each year provide
guidance to the other Program agencies concerning the
preparation of requests for appropriations for activities
related to the Program, and shall prepare, in conjunction with
the other Program agencies, an annual Program budget to be
submitted to the Office of Management and Budget.
``(2) Reports.--Each Program agency shall include with its
annual request for appropriations submitted to the Office of
Management and Budget a report that--
``(A) identifies each element of the proposed
Program activities of the agency;
``(B) specifies how each of these activities
contributes to the Program; and
``(C) states the portion of its request for
appropriations allocated to each element of the
Program.''.
SEC. 7. REPORT ON AT-RISK POPULATIONS.
Not later than one year after the date of the enactment of this
Act, and after a period for public comment, the Director of the Federal
Emergency Management Agency shall transmit to the Congress a report
describing the elements of the Program that specifically address the
needs of at-risk populations, including the elderly, persons with
disabilities, non-English-speaking families, single-parent households,
and the poor. Such report shall also identify additional actions that
could be taken to address those needs and make recommendations for any
additional legislative authority required to take such actions.
SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFORMATION.
Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and
development of means of increasing public access to available locality-
specific information that may assist the public in preparing for or
responding to earthquakes'' after ``and the general public''.
SEC. 9. LIFELINES.
Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after
``communication facilities''.
SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE.
(a) Establishment.--The Director of the United States Geological
Survey shall establish a Scientific Earthquake Studies Advisory
Committee.
(b) Organization.--The Director shall establish procedures for
selection of individuals not employed by the Federal Government who are
qualified in the seismic sciences and other appropriate fields and may,
pursuant to such procedures, select up to ten individuals, one of whom
shall be designated Chairman, to serve on the Advisory Committee.
Selection of individuals for the Advisory Committee shall be based
solely on established records of distinguished service, and the
Director shall ensure that a reasonable cross-section of views and
expertise is represented. In selecting individuals to serve on the
Advisory Committee, the Director shall seek and give due consideration
to recommendations from the National Academy of Sciences, professional
societies, and other appropriate organizations.
(c) Meetings.--The Advisory Committee shall meet at such times and
places as may be designated by the Chairman in consultation with the
Director.
(d) Duties.--The Advisory Committee shall advise the Director on
matters relating to the United States Geological Survey's participation
in the National Earthquake Hazards Reduction Program, including the
United States Geological Survey's roles, goals, and objectives within
that Program, its capabilities and research needs, guidance on
achieving major objectives, and establishing and measuring performance
goals. The Advisory Committee shall issue an annual report to the
Director for submission to Congress on or before September 30 of each
year. The report shall describe the Advisory Committee's activities and
address policy issues or matters that affect the United States
Geological Survey's participation in the National Earthquake Hazards
Reduction Program.
Passed the Senate October 18 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1639
_______________________________________________________________________
AN ACT
To authorize appropriations for carrying out the Earthquake Hazards
Reduction Act of 1977, for the National Weather Service and Related
Agencies, and for the United States Fire Administration for fiscal
years 2000, 2001, and 2002. | Authorizes additional appropriations for FY 2001 through 2003 for a USGS program to develop a prototype real-time seismic warning system.
(Sec. 3) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding.
(Sec. 4) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2002 through 2006, and additional amounts for FY 2002 and 2003 for System operation.
(Sec. 5) Requires the NSF Director to establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2001 through 2004.
(Sec. 6) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations.
(Sec. 7) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations.
(Sec. 8) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes.
(Sec. 10) Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee. | {"src": "billsum_train", "title": "Earthquake Hazards Reduction Authorization Act of 2000"} | 3,104 | 467 | 0.497971 | 1.62131 | 0.719312 | 3.161458 | 7.101563 | 0.869792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Sustainability Act
of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The environmental life-support systems vital to the
Nation's economic and social prosperity are increasingly at
risk.
(2) The Nation's institutions of higher education have a
unique role to play in fostering new knowledge, evaluating
policies, and discovering new technologies to address the
persistent and often linked environmental, social, and economic
problems that exist.
(3) Achieving more sustainable environmental, economic, and
social systems will require new research, education, and
technology development, and innovative policy approaches that
are flexible and use market mechanisms while engaging relevant
stakeholders from the private and public sectors.
(4) For the Nation to remain competitive in this global
world of increasingly limited natural resources, institutions
of higher education need to take immediate steps to create new
research, education, and technology development that reflect
the framework of sustainability.
(5) The Nation's institutions of higher education also are
uniquely positioned to prepare the future labor force for
addressing threats to, and seeking opportunities for economic,
environmental, and social sustainability.
(6) The Nation's institutions of higher education are
places where approaches that integrate the environmental,
social, and economic dimensions can be designed, tested, and
refined for application to real world settings in collaboration
with industry, government, and the nonprofit sector.
(7) The Nation's institutions of higher education are
uniquely situated to be models of sustainable management and
operations that can provide examples to industry and government
of operational strategies that integrate the basic principles
of environmental, economic, and social sustainability.
(8) Numerous State governors, including those of Oregon,
Washington, New Jersey, and California have issued executive
orders for the development of State sustainability plans.
(9) Hundreds of college campuses have already made
commitments to sustainable practices and lessening their carbon
footprint, but lack a cohesive plan.
(10) Additionally, many campuses now offer courses on
sustainability, but no comprehensive system exists to evaluate
and compare colleges and universities in terms of overall
sustainability related academic programs and practices.
(b) Purposes.--The purposes of this Act are--
(1) to provide support to faculty, staff, and students at
institutions of higher education to establish administrative
and academic sustainability programs on campus and a means to
measure their effectiveness;
(2) to promote and enhance research by faculty and students
at institutions of higher education in sustainability practices
and innovations that assist and improve sustainability; and
(3) to provide support to institutions of higher education
to work with community partners from the business, government,
and nonprofit sectors to design and implement sustainability
programs for application in the community and workplace.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:
``PART F--UNIVERSITY SUSTAINABILITY PROGRAMS
``Subpart 1--Sustainability Planning Grants
``SEC. 781. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary shall, from the funds appropriated
under section 786, make grants to eligible entities to establish
sustainability programs to design and implement sustainability
practices including in the areas of energy management, green building,
waste management, purchasing, transportation, and toxics management,
and other aspects of sustainability that integrate campus operations
with multidisciplinary academic programs and are applicable to the
private and government sectors.
``(b) Period of Grant.--The provision of payments under a grant
under subsection (a) may extend over a period of not more than 4 fiscal
years.
``(c) Definition of Eligible Entities.--In this part, the term
`eligible entity' means--
``(1) an institution of higher education that grants 2- or
4-year undergraduate degrees, or masters and doctoral degrees,
or both; or
``(2) a nonprofit consortia, association, alliance, or
collaboration operating in partnership with 1 or more
institutions of higher education that received funds for the
implementation of work associated with sustainability programs
under this part.
``(d) Administration of the Program.--
``(1) In general.--
``(A) Eligible institution.--In this subsection,
the term `eligible institution' means--
``(i) an institution of higher education;
``(ii) a nonprofit institution; or
``(iii) a consortium of institutions
described in clause (i) or (ii), or both.
``(B) Contract to administer.--The Secretary shall
enter into a multi-year contract with an eligible
institution to administer the grant program established
under this section.
``(2) Application.--An eligible institution desiring to
enter into a contract with the Secretary under paragraph (1)
shall submit to the Secretary an application at such time, in
such form, and containing such information as the Secretary may
require.
``(3) Awarding of contract.--The Secretary shall award the
contract under this subsection on the basis of--
``(A) the capability to administer an effective and
fair grant-making process that solicits and identifies
the best possible projects for funding for the uses
described in section 783;
``(B) the expertise of the applicant in higher
education sustainability;
``(C) the relative economic effectiveness of the
program in terms of the ratio of overhead costs to
direct services; and
``(D) such other factors as the Secretary
determines appropriate.
``(4) Evaluation.--The Secretary shall establish procedures
for a careful and detailed review and evaluation of the
administration of the higher education sustainability program
to determine the effectiveness of the contractor as an
administrator of the grant program established under this
section. The Secretary shall make the results of such a review
and evaluation publicly available.
``SEC. 782. APPLICATIONS.
``(a) In General.--To receive a grant under section 781(a), an
eligible entity shall submit an application to the Secretary at such
time, in such form, and containing such information as the Secretary
may reasonably require.
``(b) Assurances.--Such application shall include assurances that
the eligible entity--
``(1) has developed or shall develop a plan, including an
evaluation component, for the program component established
pursuant to section 783;
``(2) shall use Federal funds received from a grant under
section 781(a) to supplement, not supplant, non-Federal funds
that would otherwise be available for projects funded under
such section;
``(3) shall provide, with respect to any fiscal year in
which such entity receives funds from a grant under section
781(a), non-Federal funds or an in-kind contribution in an
amount equal to 20 percent of funds from such grant, for the
purpose of carrying out the program component established in
section 783; and
``(4) shall collaborate with business, government, local
workforce investment boards, and the nonprofit sectors in the
development and implementation of its sustainability plan.
``SEC. 783. USE OF FUNDS.
``(a) Individual Institutions.--Grants made under section 781 may
be used by an eligible entity that is an institution of higher
education, as described in section 781(c)(1), for the following
purposes:
``(1) To develop and implement administrative and
operations practices at institutions of higher education that
test, model, and analyze principles of sustainability.
``(2) To establish multidisciplinary education, research,
and outreach programs at institutions of higher education that
address the environmental, social, and economic dimensions of
sustainability.
``(3) To support research and teaching initiatives that
focus on multidisciplinary and integrated environmental,
economic, and social elements.
``(4) To establish initiatives in the areas of energy
management, green building, waste management, purchasing,
toxics management, transportation, and other aspects of
sustainability.
``(5) To support student, faculty, and staff work at
institutions of higher education to implement, research, and
evaluate sustainable practices.
``(6) To establish sustainability literacy as a requirement
for undergraduate and graduate degree programs.
``(7) To integrate sustainability curriculum in all
programs of instruction, particularly in business,
architecture, technology, manufacturing, engineering, and
science programs.
``(b) Partnerships.--Grants made under section 781 may be used by
an eligible entity that is a nonprofit consortia, association,
alliance, or collaboration operating as a partnership with 1 or more
institutions of higher education for the following purposes:
``(1) To conduct faculty, staff, or administrator training
on the subjects of sustainability and institutional change.
``(2) To compile, evaluate, and disseminate best practices,
case studies, guidelines, and standards.
``(3) To conduct efforts to engage external stakeholders
such as business, alumni, and accrediting agencies in the
process of building support for research, education, and
technology development for sustainability.
``(4) To conduct professional development programs for
faculty in all disciplines to enable faculty to incorporate
sustainability content in the faculties' courses.
``(5) To enable an appropriate nonprofit consortia,
association, alliance, or collaboration operating in
partnership with an institution of higher education to create
the analytical tools necessary for institutions of higher
education to assess and measure the institution's progress
toward fully sustainable campus operations and fully
integrating sustainability into the curriculum.
``(6) To develop educational benchmarks for institutions of
higher education to determine the necessary rigor and
effectiveness of academic sustainability programs.
``SEC. 784. REPORTS.
``An eligible entity that receives a grant under section 781(a)
shall submit to the Secretary, for each fiscal year in which the entity
receives amounts from such grant, a report that describes the work
conducted pursuant to section 783, research findings and publications,
administrative savings experienced, and an evaluation of the program.
``SEC. 785. ALLOCATION REQUIREMENT.
``The Secretary may not make grants under section 781(a) to any
eligible entity in a total amount that is less than $250,000 or more
than $2,000,000.
``SEC. 786. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out section 781(a), $50,000,000 for fiscal year 2008 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
``(b) Availability.--Amounts appropriated under subsection (a) are
authorized to remain available until expended.
``Subpart 2--Summit on Sustainability
``SEC. 791. SUMMIT ON SUSTAINABILITY.
``Not later than September 30, 2008, the Secretary shall convene a
summit of higher education experts working in the area of sustainable
operations and programs, representatives from agencies of the Federal
Government, and business and industry leaders, to focus on efforts of
national distinction that--
``(1) encourage faculty, staff, and students at
institutions of higher education to establish administrative
and academic sustainability programs on campus;
``(2) enhance research by faculty and students at
institutions of higher education in sustainability practices
and innovations that assist and improve sustainability;
``(3) encourage institutions of higher education to work
with community partners from the business, government, and
nonprofit sectors to design and implement sustainability
programs for application in the community and workplace;
``(4) identify opportunities for partnerships involving
institutions of higher education and the Federal Government to
expand sustainable operations and academic programs focused on
environmental and economic sustainability; and
``(5) charge the summit participants or steering committee
to submit a set of recommendations for addressing
sustainability through institutions of higher education.''. | Higher Education Sustainability Act of 2007 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to establish sustainability programs at institutions of higher education (IHEs).
Directs the Secretary to contract with an IHE, nonprofit organization, or consortium of such institutions for administration of the grant program.
Requires such programs to develop and implement: (1) sustainability practices, including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors.
Directs the Secretary to convene a summit of higher education experts, federal representatives, and business and industry leaders to encourage cooperative efforts to enhance sustainability programs at IHEs and apply such programs to the community and workplace. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Education to provide grants to establish and evaluate sustainability programs, charged with developing and implementing integrated environmental, economic, and social sustainability initiatives, and to direct the Secretary of Education to convene a summit of higher education experts in the area of sustainability."} | 2,510 | 175 | 0.523452 | 1.514247 | 0.756649 | 3.975758 | 15.060606 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Deserve to
Volunteer on the Elections Act of 2008'' or the ``FEDVOTE Act of
2008''.
SEC. 2. LEAVE TO SERVE AS A POLL WORKER.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6329. Absence in connection with serving as a poll worker
``(a) In General.--An employee in or under an Executive agency is
entitled to leave, without loss of or reduction in pay, leave to which
otherwise entitled, credit for time or service, or performance or
efficiency rating, not to exceed 6 days in a leave year, in order--
``(1) to provide election administration assistance to a
State or unit of local government at a polling place on the
date of any election for public office; or
``(2) to receive any training without which such employee
would be ineligible to provide such assistance.
``(b) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations for the administration of this
section, including regulations setting forth the terms and conditions
of the election administration assistance an employee may provide for
purposes of subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 63 of
title 5, United States Code, is amended by inserting after the item
relating to section 6328 the following:
``6329. Absence in connection with serving as a poll worker.''.
SEC. 3. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall make a
grant to each eligible State for recruiting and training
individuals to serve as nonpartisan poll workers on dates of
elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as nonpartisan poll workers
after recruitment and training with the funds provided
under this section; and
(D) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) State Defined.--In this Act, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $75,000,000. Any amount appropriated
pursuant to the authority of this subsection shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year pursuant to the authority of this
subsection, not more than 3 percent shall be available for
administrative expenses of the Commission.
SEC. 4. EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM PAPERWORK
REDUCTION ACT.
Section 3502(1) of title 44, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph
(D) and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(E) the Election Assistance Commission;''. | Federal Employees Deserve to Volunteer on the Elections Act of 2008 or the FEDVOTE Act of 2008 - Entitles executive agency employees to leave, without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not exceeding six days in a leave year, in order to: (1) provide election administration assistance to a state or unit of local government at a polling place on the date of any election for public office; or (2) receive training without which the employee would be ineligible to provide such assistance.
Directs the Election Assistance Commission to make grants to eligible states for recruiting and training individuals to serve as poll workers on dates of elections for public office.
Requires grant recipients to use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool and develop training programs with the participation and input of experts in adult learning.
Provides a formula for grant amounts based upon a state's voting age population percentage.
Requires reports to the Commission and to Congress on activities conducted with funds provided under this Act.
Authorizes appropriations.
Exempts the Commission from application of the Paperwork Reduction Act. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide additional leave for Federal employees to serve as poll workers, and to direct the Election Assistance Commission to make grants to States for poll worker recruitment and training."} | 1,289 | 265 | 0.754562 | 2.192358 | 0.825417 | 5.493671 | 5.016878 | 0.92827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Protective Service
Improvement and Accountability Act of 2015''.
SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND CONTRACT OVERSIGHT
FORCE.
(a) In General.--Section 1315 of title 40, United States Code, is
amended by--
(1) redesignating subsections (c) through (g) as
subsections (h) through (l), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Inspectors.--
``(1) In general.--The Secretary, acting through the
Director of the Federal Protective Service, shall maintain not
fewer than 1,870 full-time equivalent positions in the Federal
Protective Service, with not fewer than 1,350 of such positions
designated for fully trained Federal law enforcement officers.
``(2) Classification.--Positions in the Federal Protective
Service inspector force may be designated as one of two
functional categories:
``(A) Facility security assessment.--Federal
Facility Security Officers, who shall be responsible
for--
``(i) performing facility security
assessments at facilities protected by the
Federal Protective Service, including contract
guard post inspections;
``(ii) making security countermeasure
recommendations for such facilities;
``(iii) participating in security training
and disseminating homeland security
information, consistent with applicable
protocols and protections, to occupants and
security guards, including contract guards, of
such facilities; and
``(iv) assessing, on an ongoing basis, the
security of such facilities and the extent to
which security countermeasure recommendations
have been implemented for such facilities.
``(B) Security enforcement and investigations.--Law
enforcement officers, who shall be responsible for--
``(i) patrolling and on-site monitoring of
the physical security, including perimeter
security, of facilities protected by the
Federal Protective Service;
``(ii) investigations at such facilities;
and
``(iii) physical law enforcement at such
facilities in the event of a terrorist attack,
security incident, or other incident.
``(d) Contract Oversight.--
``(1) In general.--The Secretary, acting through the
Director of the Federal Protective Service, shall establish the
Federal Protective Service contract oversight force, which
shall consist of full-time equivalent positions and who shall
be responsible for, in coordination with the Federal Protective
Service inspector force--
``(A) monitoring contracts, contractors, and
contract guards provided by contractors;
``(B) carrying out annual evaluations of
performance by contractors that provide contract guard
services to the Federal Protective Service; and
``(C) verifying that contract guards have necessary
training and certification.
``(2) Limitation on performance of functions.--The contract
oversight functions described in paragraph (1) may not be
performed by law enforcement officers or other individuals
employed pursuant to subsection (c).
``(e) Uniform Minimum Standards.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary, acting through
the Director of the Federal Protective Service, shall establish
uniform minimum training and certification standards for
security guard services at facilities protected by the Federal
Protective Service.
``(2) Limitation.--Upon establishment of minimum training
and certification standards pursuant to paragraph (1), the
Secretary, acting through the Director of the Federal
Protective Service, shall require that all contracts for
security guard services comply with such standards.
``(f) Verification.--Not later than 180 days after the
establishment of minimum training and certification standards for
security services pursuant to subsection (e), the Secretary, acting
through the Director of the Federal Protective Service, shall establish
a process to verify the accuracy of training and certification data
maintained by the Federal Protective Service.
``(g) Covert Testing.--The Secretary shall develop and implement a
strategy for using covert-testing data and data on prohibited items to
improve screening at facilities protected by the Federal Protective
Service. Such strategy should, at a minimum, require that--
``(1) covert-testing data is used to monitor, review, and
improve performance nationwide;
``(2) covert-testing data is used to determine which
testing scenarios will be implemented or reinstated; and
``(3) data on prohibited items are analyzed to determine
the reasons for wide variations in the number of reported
prohibited-items detected across such facilities and to assist
with managing the screening process and informing policy.''.
(b) Screener and Active Shooter Training.--Not later than 120 days
after the date of the enactment of this Act, the Director of the
Federal Protective Service shall, on an ongoing basis, determine which
individuals in guard positions have not successfully completed--
(1) training on the effective utilization of screening
equipment, such as x-ray and magnetometer equipment, and
(2) active shooter scenario-based training, and
provide such training to such individuals.
SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COMMITTEE MINIMUM SECURITY
STANDARDS.
(a) Findings.--Congress finds the following:
(1) On October 19, 1995, six months after the Oklahoma City
bombing of the Alfred P. Murrah Federal Building, President
Clinton issued Executive Order 12977, creating the Interagency
Security Committee to address continuing Government-wide
security for Federal facilities. The Committee's mandate is to
enhance the quality and effectiveness of physical security in,
and the protection of, non-military Federal facilities in the
United States, whether Government-owned, -leased, or -managed.
Today, the Committee is comprised of chief security officers
and other senior executives from 54 Federal agencies and
departments.
(2) On September 7, 2012, the primary members of the
Interagency Security Committee approved ``The Risk Management
Process: An Interagency Security Committee Standard'', which
was issued in August 2013.
(3) Consistent with Executive Order 12977, ``The Risk
Management Process: An Interagency Security Committee
Standard'' is intended to be applied to all facilities in the
United States occupied by Federal employees for non-military
activities. This standard defines the criteria and processes
that those individuals responsible for the security of such a
facility should use to determine such a facility's security
level, and provides an integrated, single source of physical
security countermeasures for all such non-military Federal
facilities.
(b) Sense of Congress.--It is the sense of Congress that the
Interagency Security Committee standards for Federal facilities
established by the Interagency Security Committee in the document
entitled ``The Risk Management Process: An Interagency Security
Committee Standard'' published in August 2013 and successor documents
should be utilized, as appropriate, to protect all non-military Federal
facilities.
(c) Assessment.--The Secretary of Homeland Security 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 an assessment of the degree to which the standards specified in
the ``The Risk Management Process: An Interagency Security Committee
Standard'', approved by the Interagency Security Committee, is utilized
by all non-military Federal facilities and what, if any, barriers exist
to utilization of such standards.
SEC. 4. RESEARCH.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Director of the Federal Protective Service, shall commence
a one-year pilot program to research the advantages of converting guard
positions at the highest-risk Federal facilities protected by the
Federal Protective Service from contract guard positions to positions
held by Federal employees.
(b) Requirements.--At a minimum, the Secretary of Homeland Security
shall conduct the pilot program described in subsection (a) at one
level III facility and one level IV facility in each of Federal
Protective Service regions I, III, V, and VII, by hiring individuals to
fill guard positions at each facility that participates in such pilot
program in accordance with subsection (c).
(c) Federal Facility Security Guard Position.--
(1) In general.--For purposes of this section, and subject
to the availability of appropriations for such purpose, the
Secretary of Homeland Security, acting through the Director of
the Federal Protective Service, shall establish and hire
individuals for a Federal facility security guard position.
(2) Training.--The Secretary of Homeland Security, acting
through the Director of the Federal Protective Service, shall
provide to individuals hired pursuant to paragraph (1) training
in--
(A) performing the physical security for a Federal
facility, including access point controls and security
countermeasure operations;
(B) participating in information sharing and
dissemination of homeland security information,
consistent with applicable protocols and protections;
and
(C) responding to specific security incidents,
including preparing for and responding to an act of
terrorism, that can occur at a Federal facility,
including response with force if necessary.
(3) Limitation.--Individuals hired pursuant to paragraph
(1) may not be Federal law enforcement officers.
(d) Temporary Assignments.--The Secretary of Homeland Security may
assign, on a temporary basis, existing personnel employed by the
Federal Protective Service, on a temporary basis, to facilities that
participate in the pilot program described in subsection (a) to perform
security guard services under subsection (c) in furtherance of the such
program, if the Secretary determines that individuals cannot be hired
and trained pursuant to such subsection in a timely manner.
(e) Maintenance of Law Enforcement Personnel.--Notwithstanding any
other provision of this section, the Secretary of Homeland Security,
acting through the Director of the Federal Protective Service, shall
maintain at each level III and level IV Federal facility protected by
the Federal Protective Service such number of Federal law enforcement
officers as is necessary to provide arrest authority and law
enforcement support at each such facility, including support for
Federal facility security guards hired pursuant to subsection (c) at
each such facility, in the event of a terrorist attack, security
incident, or other incident.
(f) Departmental Evaluation.--Not later than 120 days after the
completion of the pilot program described in subsection (a), the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Comptroller General of the United States a report on such program that
includes information on performance, including screener performance, of
individuals participating in such program, and presented in a format
that is able to be compared to prior covert testing data collected by
the Comptroller General regarding contract guard performance.
(g) Comptroller General Report.--Not later than 120 days after the
receipt of the departmental evaluation under subsection (f), the
Comptroller General of the United States 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 evaluates how the Department of Homeland Security carried out such
pilot program, reviews the Secretary of Homeland Security's evaluation
of performance under such subsection, and, to the degree practicable,
compares the Secretary's evaluation with the results of previous
Comptroller General reports evaluating the performance and oversight of
the Federal Protective Service's contract guard program.
(h) Implementation.--Unless the Secretary of Homeland Security
determines in the evaluation required under subsection (f) that overall
performance was not acceptable of the individuals participating in the
pilot program described in subsection (a), the Secretary, acting
through the Director of the Federal Protective Service, shall, to the
degree practicable, maintain Federal employees as Federal facility
security guards at all level III and level IV Federal facilities
protected by the Federal Protective Service.
(i) Funding Assessment.--The Secretary of Homeland Security 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 an assessment that shall include--
(1) an assessment of the extent to which the current fee-
based system adequately funds the Federal Protective Service's
programs and activities;
(2) an assessment of the appropriateness and adaptability
of the structure of the fees charged to occupants of Federal
facilities protected by the Federal Protective Service, and the
degree to which such structure takes into account the actual
costs incurred by the Federal Protective Service, particularly
with respect to those instances in which the Federal Protective
Service provides heightened security in response to information
on current threats;
(3) an assessment of the extent to which such fee-based
system impedes the Federal Protective Service from executing
its operations and implementing oversight, inspections, and
security enhancements;
(4) recommendations, as appropriate, for alterations to the
current system and alternative funding approaches (including a
mix of fees and appropriations); and
(5) options to mitigate challenges in budgeting, such as an
alternative account structure to increase flexibility, while
maintaining accountability and transparency.
(j) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2016, 2017, and 2018 such sums as
may be necessary to carry out this section. | Federal Protective Service Improvement and Accountability Act of 2015 Directs the Federal Protective Service (FPS) to maintain not fewer than 1,870 full-time equivalent positions, with at least 1,350 of such positions designated for fully trained federal law enforcement officers. Authorizes positions in the FPS inspector force to be designated as: (1) Federal Facility Security Officers responsible for performing security assessments at facilities protected by FPS, making security countermeasure recommendations for such facilities, participating in security training and disseminating homeland security information to occupants and security guards of such facilities, and assessing the security of such facilities and the extent to which security countermeasure recommendations have been implemented; or (2) law enforcement officers responsible for patrolling and on-site monitoring of the physical security of FPS-protected facilities, conducting investigations at such facilities, and providing physical law enforcement at such facilities in the event of a terrorist attack, security incident, or other incident. Directs FPS to: (1) establish the FPS contract oversight force responsible for overseeing contract guards, (2) establish uniform minimum training and certification standards for security guard services at FPS-protected facilities, (3) establish a process to verify the accuracy of training and certification data maintained by FPS, and (4) provide training to individuals in guard positions who have not successfully completed training on the effective utilization of screening equipment and active shooter scenario-based training. Directs the Department of Homeland Security (DHS) to: (1) develop and implement a strategy for using covert-testing data and data on prohibited items to improve screening at facilities protected by FPS, and (2) submit an assessment of the degree to which the standards specified in the "The Risk Management Process: An Interagency Security Committee Standard" are utilized by all non-military federal facilities and of any barriers to utilizing such standards. Requires FPS to: (1) commence a one-year pilot program to research the advantages of converting guard positions at the highest-risk federal facilities protected by FPS from contract guard positions to positions held by federal employees; and (2) establish, and hire individuals for, a federal facility security guard position. | {"src": "billsum_train", "title": "Federal Protective Service Improvement and Accountability Act of 2015"} | 2,865 | 452 | 0.702371 | 2.038982 | 0.911245 | 4.959036 | 6.53253 | 0.93012 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Equity
Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Elimination of geographic physician work adjustment factor from
geographic indices used to adjust payments
under the physician fee schedule.
Sec. 3. Clinical rotation demonstration project.
Sec. 4. Use of skilled nursing facility wage data under the prospective
payment system for skilled nursing facility
services.
SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK ADJUSTMENT FACTOR FROM
GEOGRAPHIC INDICES USED TO ADJUST PAYMENTS UNDER THE
PHYSICIAN FEE SCHEDULE.
(a) Findings.--Congress finds the following:
(1) Variations in the geographic physician work adjustment
factors under section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) result in inequity between localities in
payments under the medicare physician fee schedule.
(2) Beneficiaries under the medicare program that reside in
areas where such adjustment factors are high have relatively
more access to services that are paid based on such fee
schedule.
(3) There are a number of studies indicating that the
market for health care professionals has become nationalized
and historically low labor costs in rural and small urban areas
have disappeared.
(4) Elimination of the adjustment factors described in
paragraph (1) would equalize the reimbursement rate for
services reimbursed under the medicare physician fee schedule
while remaining budget-neutral.
(b) Elimination.--Section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``an index'' and
inserting ``for services provided before January 1, 2003, an
index''; and
(2) in paragraph (2), by inserting ``, for services
provided before January 1, 2003,'' after ``paragraph (4)),
and''.
(c) Budget Neutrality Adjustment for Elimination of Geographic
Physician Work Adjustment Factor.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by striking ``The conversion'' and
inserting ``Subject to paragraph (5), the conversion''; and
(2) by adding at the end the following new paragraph:
``(5) Budget neutrality adjustment for elimination of
geographic physician work adjustment factor.--Before applying
an update for a year under this subsection, the Secretary shall
(if necessary) provide for an adjustment to the conversion
factor for that year to ensure that the aggregate payments
under this part in that year shall be equal to aggregate
payments that would have been made under such part in that year
if the amendments made by section 2(b) of the Medicare Equity
Act of 2003 had not been enacted.''.
SEC. 3. CLINICAL ROTATION DEMONSTRATION PROJECT.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a demonstration
project that provides for demonstration grants designed to provide
financial or other incentives to hospitals to attract educators and
clinical practitioners so that hospitals that serve beneficiaries under
the medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) who are residents of underserved areas may host
clinical rotations.
(b) Duration of Project.--The demonstration project shall be
conducted over a 5-year period.
(c) Funding.--
(1) In general.--Subject to paragraph (2), the Secretary
shall pay the costs of the demonstration project conducted
under this section from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42 U.S.C.
1395i).
(2) Cap on funding.--The Secretary may not expend more than
$20,000,000 to conduct the demonstration project under this
section.
(3) Budget neutrality for demonstration project.--
Notwithstanding any other provision of law, the Secretary shall
provide for an appropriate reduction in the aggregate amount of
additional payments made under subsection (d)(5)(B) of section
1886 of the Social Security Act (42 U.S.C. 1395ww) for the
indirect costs of medical education and for direct graduate
medical education costs under subsection (h) of such section to
reflect any increase in amounts expended from the Federal
Hospital Insurance Trust Fund as a result of the demonstration
project conducted under this section.
(d) Reports.--The Secretary shall submit to the appropriate
committees of Congress interim reports on the demonstration project and
a final report on such project within 6 months after the conclusion of
the project together with recommendations for such legislative or
administrative action as the Secretary determines appropriate.
(e) Waiver.--The Secretary shall waive such provisions of titles XI
and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395
et seq.) as may be necessary to conduct the demonstration project under
this section.
(f) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' means any subsection
(d) hospital (as defined in section 1886(d)(1)(B) of the Social
Security Act (42 U.S.C. 1395ww(d)(1)(B)) that had indirect or
direct costs of medical education during the most recent cost
reporting period preceding the date of enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Underserved area.--The term ``underserved area'' means
such medically underserved urban areas and medically
underserved rural areas as the Secretary may specify.
SEC. 4. USE OF SKILLED NURSING FACILITY WAGE DATA UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR SKILLED NURSING FACILITY SERVICES.
(a) Findings.--Congress finds the following:
(1) Skilled nursing facilities (as defined in section
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)))
employ a significantly different group of health care
professionals than the health care professionals employed by
hospitals (as defined in section 1861(e) of such Act (42 U.S.C.
1395x(e))).
(2) Because of the difference described in paragraph (1)
the wage variation in skilled nursing facilities also differs
from that of hospitals.
(3) The Centers for Medicare & Medicaid Services is
currently collecting skilled nursing facility wage data but has
not set a date for implementation of an area wage index for
such facilities under the prospective payment system for
skilled nursing facility services under section 1888(e) of such
Act (42 U.S.C. 1395yy(e)) that is based on such wage data.
(b) Use of Skilled Nursing Facility Wage Data.--Section
1888(e)(4)(G)(ii) of the Social Security Act (42 U.S.C.
1395yy(e)(4)(G)(ii)) is amended--
(1) in the second sentence, by striking ``Such adjustment''
and inserting ``The area wage adjustment under this clause'';
and
(2) by inserting after the first sentence the following new
sentence: ``Beginning on October 1, 2003, the area wage
adjustment under this clause shall be based on the wages of
individuals employed at skilled nursing facilities.''. | Medicare Equity Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule.Directs the Secretary of Health and Human Services to establish a demonstration project that provides for demonstration grants designed to provide financial or other incentives to hospitals to attract educators and clinical practitioners so that hospitals that serve beneficiaries under the Medicare program who are residents of underserved areas may host clinical rotations.Amends SSA title XVIII to provide for the use of skilled nursing facility wage data under the prospective payment system for skilled nursing facility services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule, to provide incentives necessary to attract educators and clinical practitioners to underserved areas, and to revise the area wage adjustment applicable under the prospective payment system for skilled nursing facilities."} | 1,725 | 144 | 0.54589 | 1.485097 | 0.641844 | 5.967213 | 11.737705 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tamarisk Control and Riparian
Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the western United States is currently experiencing its
worst drought in modern history;
(2) the drought in the western United States has caused--
(A) severe losses in rural, agricultural, and
recreational economies;
(B) detrimental effects on wildlife; and
(C) increased risk of wildfires;
(3) it is estimated that throughout the western United
States tamarisk, a noxious and non-native plant--
(A) occupies between 1,000,000 and 1,500,000 acres
of land; and
(B) is a nonbeneficial user of 2,000,000 to
4,500,000 acre-feet of water per year;
(4) the amount of nonbeneficial use of water by tamarisk--
(A) is greater than the amount that valuable native
vegetation would have used; and
(B) represents enough water for--
(i) use by 20,000,000 or more people; or
(ii) the irrigation of over 1,000,000 acres
of land;
(5) scientists have established that tamarisk infestations
can--
(A) increase soil and water salinity;
(B) increase the risk of flooding through increased
sedimentation and decreased channel conveyance;
(C) increase wildfire potential;
(D) diminish human enjoyment of and interaction
with the river environment; and
(E) adversely affect--
(i) wildlife habitat for threatened and
endangered species; and
(ii) the abundance and biodiversity of
other species; and
(6) as drought conditions and legal requirements relating
to water supply accelerate water shortages, innovative
approaches are needed to address the increasing demand for a
diminishing water supply.
SEC. 3. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the Tamarisk
Assistance Program established under section 5.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) State.--The term ``State'' means--
(A) each of the States of Arizona, California,
Colorado, Idaho, Montana, New Mexico, Nevada, Oklahoma,
Texas, Utah, and Wyoming; and
(B) any other State that is affected by tamarisk,
as determined by the assessment conducted under section
4.
SEC. 4. TAMARISK ASSESSMENT.
(a) In General.--Not later than 180 days after the date on which
funds are made available to carry out this section, the Secretary shall
complete an assessment of the extent of tamarisk invasion in the
western United States.
(b) Components.--The assessment under subsection (a) shall--
(1) address past and ongoing research on tested and
innovative methods to control tamarisk;
(2) estimate the costs for destruction of tamarisk, biomass
removal, and restoration and maintenance of land;
(3) identify the States affected by tamarisk; and
(4) include a gross-scale estimation of infested acreage
within the States identified.
SEC. 5. STATE TAMARISK ASSISTANCE PROGRAM.
(a) Establishment.--Based on the findings of the assessment under
section 4, the Secretary shall establish the Tamarisk Assistance
Program to provide grants to States to carry out projects to control or
eradicate tamarisk.
(b) Amount of Grant.--The amount of a grant to a State under
subsection (a) shall be determined by the Secretary, based on the
estimated infested acreage in the State.
(c) Designation of Lead State Agency.--On receipt of a grant under
subsection (a), the Governor of a State shall designate a lead State
agency to administer the program in the State.
(d) Priority.--
(1) In general.--The lead State agency designated under
subsection (c), in consultation with the entities described in
paragraph (2), shall establish the priority by which grant
funds are distributed to projects to control or eradicate
tamarisk in the State.
(2) Entities.--The entities referred to in paragraph (1)
are--
(A) the National Invasive Species Council;
(B) the Invasive Species Advisory Committee;
(C) representatives from Indian tribes in the State
that have weed management entities or that have
particular problems with noxious weeds;
(D) institutions of higher education in the State;
(E) State agencies;
(F) nonprofit organizations in the State; and
(G) soil and water conservation districts in the
State that are actively conducting research on or
implementing activities to control or eradicate
tamarisk.
(e) Conditions.--A lead State agency shall require that, as a
condition of receipt of a grant under this Act, a grant recipient
provide to the lead State agency any necessary information relating to
a project carried out under this Act.
(f) Administrative Expenses.--Not more than 10 percent of the
amount of a grant provided under subsection (a) may be used for
administrative expenses.
(g) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under this section shall be not more
than 75 percent.
(2) Non-federal share.--The non-Federal share may be paid
by a State, county, municipality, special district, or
nongovernmental entity.
(h) Report.--To be eligible for additional grants under the
program, not later than 180 days after the date of completion of a
project carried out under this Act, a lead State agency shall submit to
the Secretary a report that describes the purposes and results of the
project.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $20,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year
thereafter. | Tamarisk Control and Riparian Restoration Act - Directs the Secretary of the Interior, through the Commissioner of Reclamation, to: (1) complete an assessment of the extent of tamarisk (an invasive plant species) invasion in the western United States and (2) establish the Tamarisk Assistance Program to provide cost-share grants to States for tamarisk control or eradication. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to establish a program to control or eradicate tamarisk in the western States, and for other purposes."} | 1,296 | 82 | 0.623703 | 1.706149 | 0.905795 | 3.102941 | 17.588235 | 0.955882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Jobs From Innovative Small
Businesses Act of 2015''.
SEC. 2. CREDIT FOR INVESTMENTS IN SMALL TECHNOLOGY INNOVATION
COMPANIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. RESEARCH INTENSIVE INVESTMENT TAX CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
research intensive investment tax credit determined under this section
for the taxable year is an amount equal to 20 percent of the amount
paid by the taxpayer during such year to acquire a qualified equity
investment in a qualified research intensive small business concern.
``(b) Maximum Credit.--
``(1) In general.--The taxpayer's credit determined under
this section for the taxable year shall not exceed the excess
(if any) of--
``(A) $100,000, over
``(B) the taxpayer's (and any predecessor's)
aggregate credit determined under this section for all
prior taxable years.
``(2) Related parties.--
``(A) In general.--For purposes of paragraph (1),
all related persons shall be treated as 1 person, and
the dollar amount in paragraph (1)(A) shall be
allocated among such persons under regulations
prescribed by the Secretary.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(c) Definitions.--For purposes of this section--
``(1) Qualified equity investment.--
``(A) In general.--The term `qualified equity
investment' means any equity investment in a qualified
research intensive small business concern if--
``(i) such investment is acquired by the
taxpayer at its original issue (directly or
through an underwriter) solely in exchange for
cash, and
``(ii) such investment is designated for
purposes of this section by such concern.
``(B) Equity investment.--The term `equity
investment' means--
``(i) any stock (other than nonqualified
preferred stock as defined in section
351(g)(2)) in an entity which is a corporation,
and
``(ii) any capital interest in an entity
which is a partnership.
``(C) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
subsection.
``(2) Qualified research intensive small business
concern.--The term `qualified research intensive small business
concern' means, with respect to any taxable year, any small
business concern (as defined in section 3 of the Small Business
Act) if--
``(A) such concern employs an average of fewer than
500 employees on business days during such year, and
``(B) at least 50 percent of the gross expenditures
of such entity for such year are research or
experimental expenditures under section 174.
``(d) National Limitation on Amount of Investments Designated.--
``(1) In general.--There is a research intensive investment
tax credit limitation for each calendar year. Such limitation
is--
``(A) $500,000,000 for 2015,
``(B) $750,000,000 for 2016 and 2017, and
``(C) $1,000,000,000 for 2018 and 2019.
``(2) Allocation of limitation.--The limitation under
paragraph (1) shall be allocated by the Secretary among
qualified research intensive small business concerns selected
by the Secretary.
``(3) Carryover of unused limitation.--If the research
intensive investment tax credit limitation for any calendar
year exceeds the aggregate amount allocated under paragraph (2)
for such year, such limitation for the succeeding calendar year
shall be increased by the amount of such excess. No amount may
be carried under the preceding sentence to any calendar year
after 2023.
``(e) Certain Taxpayers Not Eligible.--No credit shall be
determined under this section for any equity investment in any
qualified research intensive small business concern made by any
individual who, at the time of the investment, is--
``(1) an employee of such concern, or
``(2) a member of the family (within the meaning of section
267(c)(4)) of an employee of such concern.
``(f) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment. This subsection
shall not apply for purposes of sections 1202, 1400B, and 1400F.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section,
``(2) which impose appropriate reporting requirements, and
``(3) which apply the provisions of this section to newly
formed entities.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (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 research intensive investment tax credit
determined under section 45S.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Research intensive investment tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2014, in taxable years
ending after such date. | Creating Jobs From Innovative Small Businesses Act of 2015 Amends the Internal Revenue Code to allow a general business tax credit of 20% of the amount paid to acquire an equity investment in a qualified research intensive small business concern. Defines "qualified research intensive small business concern" as a small business concern that employs an average of fewer than 500 employees during a year and devotes at least 50% of its gross expenditures to research and experimentation. | {"src": "billsum_train", "title": "Creating Jobs From Innovative Small Businesses Act of 2015"} | 1,326 | 96 | 0.546035 | 1.399793 | 0.973432 | 3.035714 | 14.535714 | 0.869048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Highway Borders Act of
2005''.
SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
Subchapter I of chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. Coordinated border infrastructure program
``(a) Definitions.--In this section:
``(1) Border region.--The term `border region' means the
portion of a border State that is located within 100 kilometers
of a land border crossing with Canada or Mexico.
``(2) Border state.--The term `border State' means any
State that has a boundary in common with Canada or Mexico.
``(3) Commercial vehicle.--The term `commercial vehicle'
means a vehicle that is used for the primary purpose of
transporting cargo in international or interstate commercial
trade.
``(4) Passenger vehicle.--The term `passenger vehicle'
means a vehicle that is used for the primary purpose of
transporting individuals.
``(b) Program.--The Secretary shall establish and implement a
coordinated border infrastructure program under which the Secretary
shall make allocations to border States for projects within a border
region to improve the safe movement of people and goods at or across
the border between the United States and Canada and the border between
the United States and Mexico.
``(c) Eligible Uses.--Allocations to States under this section may
only be used in a border region for--
``(1) improvements to transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
``(2) construction of highways and related safety and
safety enforcement facilities that will facilitate vehicle and
cargo movements relating to international trade;
``(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross-border vehicle and cargo
movement;
``(4) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross-border vehicle and cargo movements;
``(5) projects in Canada or Mexico proposed by 1 or more
border States that directly and predominantly facilitate cross-
border vehicle and commercial cargo movements at the
international gateways or ports of entry into a border region;
and
``(6) planning and environmental studies.
``(d) Allocations of Funds.--
``(1) In general.--For each fiscal year, the Secretary
shall allocate among border States, in accordance with the
formula described in paragraph (2), funds to be used in
accordance with subsection (c).
``(2) Formula.--Subject to paragraph (3), the amount
allocated to a border State under this paragraph shall be
determined by the Secretary, as follows:
``(A) 25 percent in the ratio that--
``(i) the average annual weight of all
cargo entering the border State by commercial
vehicle across the international border with
Canada or Mexico, as the case may be; bears to
``(ii) the average annual weight of all
cargo entering all border States by commercial
vehicle across the international borders with
Canada and Mexico.
``(B) 25 percent in the ratio that--
``(i) the average trade value of all cargo
imported into the border State and all cargo
exported from the border State by commercial
vehicle across the international border with
Canada or Mexico, as the case may be; bears to
``(ii) the average trade value of all cargo
imported into all border States and all cargo
exported from all border States by commercial
vehicle across the international borders with
Canada and Mexico.
``(C) 25 percent in the ratio that--
``(i) the number of commercial vehicles
annually entering the border State across the
international border with Canada or Mexico, as
the case may be; bears to
``(ii) the number of all commercial
vehicles annually entering all border States
across the international borders with Canada
and Mexico.
``(D) 25 percent in the ratio that--
``(i) the number of passenger vehicles
annually entering the border State across the
international border with Canada or Mexico, as
the case may be; bears to
``(ii) the number of all passenger vehicles
annually entering all border States across the
international borders with Canada and Mexico.
``(3) Data source.--
``(A) In general.--The data used by the Secretary
in making allocations under this subsection shall be
based on the Bureau of Transportation Statistics
Transborder Surface Freight Dataset (or other similar
database).
``(B) Basis of calculation.--All formula
calculations shall be made using the average values for
the most recent 5-year period for which data are
available.
``(4) Minimum allocation.--Notwithstanding paragraph (2),
for each fiscal year, each border State shall receive at least
\1/2\ of 1 percent of the funds made available for allocation
under this paragraph for the fiscal year.
``(e) Cost Sharing.--The Federal share of the cost of a project
carried out using funds allocated under this section shall not exceed
80 percent.
``(f) Transfer of Funds to the Administrator of General Services.--
``(1) In general.--At the request of a State, funds
allocated to the State under this section shall be transferred
to the Administrator of General Services for the purpose of
funding a project under the administrative jurisdiction of the
Administrator in a border State if the Secretary determines,
after consultation with the State transportation department, as
appropriate, that--
``(A) the Administrator should carry out the
project; and
``(B) the Administrator agrees to use the funds to
carry out the project.
``(2) No augmentation of appropriations.--Funds transferred
under paragraph (1) shall not be considered to be an
augmentation of the amount of appropriations made to the
General Services Administration.
``(3) Administration.--Funds transferred under paragraph
(1) shall be administered in accordance with the procedures
applicable to the General Services Administration, except that
the funds shall be available for obligation in the same manner
as other funds apportioned under this chapter.
``(4) Transfer of obligation authority.--Obligation
authority shall be transferred to the Administrator of General
Services in the same manner and amount as funds are transferred
for a project under paragraph (1).
``(g) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $200,000,000
for each of fiscal years 2006 through 2011.
``(2) Obligation authority.--Funds made available to carry
out this section shall be available for obligation as if the
funds were apportioned in accordance with section 104.
``(3) Exclusion from calculation of minimum guarantee.--The
Secretary shall calculate the amounts to be allocated among the
States under section 105 without regard to amounts made
available to the States under this subsection.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 1101(a) of the Transportation Equity Act for the 21st
Century (112 Stat. 111) is amended by striking paragraph (9) and
inserting the following:
``(9) Coordinated border infrastructure program.--For the
coordinated border infrastructure program under section 165 of
title 23, United States Code, $200,000,000 for each of fiscal
years 2006 through 2011.''.
(b) Sections 1118 and 1119 of the Transportation Equity Act for the
21st Century (112 Stat. 161) are repealed.
(c) The analysis for subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after the item relating to section
164 the following:
``165. Coordinated border infrastructure program.''. | National Highway Borders Act of 2005 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States (i.e., States with a common boundary with Canada or Mexico) for projects within a border region (the portion of a border State located within 100 kilometers of a land border crossing with Canada or Mexico) to improve the safe movement of people and goods at or across the U.S.-Canadian and U.S.-Mexican borders.
Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement; (2) construction of highways and related safety and safety enforcement facilities; (3) operational improvements; (4) international coordination of planning, programming, and border operation; (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements; and (6) planning and environmental studies.
Directs the Secretary to allocate funds among border States on the basis of a specified formula. Sets the Federal cost share of projects under this Act at 80 percent. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to establish programs to facilitate international and interstate trade."} | 1,686 | 250 | 0.747882 | 1.93704 | 0.825044 | 5.28 | 7.244444 | 0.96 |
SECTION 1. TREATMENT OF PREPAID DERIVATIVE CONTRACTS.
(a) In General.--Part V of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to special rules for bonds and
other debt instruments) is amended by adding at the end the following
new subpart:
``Subpart E--Prepaid Derivative Contracts
``Sec. 1289. Treatment of prepaid derivative contracts.
``Sec. 1289A. Definitions.
``SEC. 1289. TREATMENT OF PREPAID DERIVATIVE CONTRACTS.
``(a) Current Inclusion in Income.--For purposes of this title,
there shall be included in the gross income of the holder of a prepaid
derivative contract an amount equal to the holder's interest accrual
amount with respect to such contract for the taxable year. Any amount
included in gross income under the preceding sentence shall be treated
as interest.
``(b) Basis Adjustments.--If any interest accrual amount is
included in the gross income of the holder of a prepaid derivative
contract under subsection (a), such holder's basis in such contract
shall be increased by the amount so included.
``(c) Loss Treated as Ordinary to Extent of Basis Increases.--In
the case of any loss recognized on the disposition of any prepaid
derivative contract, so much of such loss as does not exceed the
aggregate increases in the basis of such contract under subsection (b)
shall be treated as an ordinary loss.
``(d) Treatment of Distributions.--In the case of any distribution
under a prepaid derivative contract--
``(1) except as provided in paragraph (3), such
distribution shall not be includible in gross income,
``(2) the adjusted basis of such contract shall be reduced
(but not below zero) by the amount of such distribution, and
``(3) the excess (if any) of such distribution over such
adjusted basis (determined before any reduction under paragraph
(2)) shall be treated as gain from the sale of such contract.
For purposes of this subsection, adjusted basis shall be determined
after any adjustment to such basis under subsection (b) for the taxable
year.
``(e) Interest Accrual Amount.--
``(1) In general.--For purposes of this section, the
interest accrual amount with respect to any prepaid derivative
contract for any taxable year is the product of--
``(A) the holder's adjusted basis in such contract
as of the beginning of such taxable year, multiplied by
``(B) the greater of--
``(i) the monthly Federal short-term rate
determined under section 1274(d) for the first
month ending during such taxable year, or
``(ii) in the case of a contract under
which notional amounts are credited, the rate
at which such amounts are credited.
``(2) Proration of interest accrual amount.--In the case of
a taxpayer who acquires or disposes of any prepaid derivative
contract during the taxable year, the interest accrual amount
determined under paragraph (1) with respect to such contract
for such year shall be an amount which bears the same ratio
to--
``(A) the amount which would be so determined
without regard to this subparagraph, as
``(B) the portion of such taxable year during which
such contract was held by such taxpayer bears to the
entire taxable year.
``(3) Adjusted basis determined at acquisition.--In the
case of the acquisition of any prepaid derivative contract
during the taxable year, paragraph (1) shall be applied by
substituting `the acquisition of such contract' for `the
beginning of such taxable year'.
``(f) Special Rules for Publicly Traded Prepaid Derivative
Contracts.--
``(1) Limitation on inclusion.--The amount includible under
subsection (a) with respect to the holder of any publicly
traded prepaid derivative contract for any taxable year shall
not exceed the excess (if any) of--
``(A) the sum of--
``(i) the fair market value of such
contract as of the close of such taxable year
(or, in the case of the disposition of such
contract during the taxable year, as of such
disposition), plus
``(ii) any distributions to the holder
under such contract during such taxable year,
over
``(B) the holder's adjusted basis in such contract
as of the close of the preceding taxable year (or, in
the case of the acquisition of the contract during the
taxable year, as of such acquisition).
``(2) Excess carried forward.--If the interest accrual
amount with respect to any publicly traded prepaid derivative
contract for any taxable year exceeds the limitation determined
under paragraph (1) with respect to the holder of such contract
for such year, the interest accrual amount of such holder with
respect to such contract for the succeeding taxable year shall
be increased by such excess.
``(3) Interest accrual amount in succeeding years
unaffected by limitation.--Solely for purposes of subsection
(e)(1), the adjusted basis in a publicly traded prepaid
derivative contract shall be determined without regard to
paragraph (1).
``(g) Exception for Short Holding Periods and Instruments Marked to
Market.--This section shall not apply to any prepaid derivative
contract for any taxable year if such contract--
``(1) has been held for less than 1 year and is disposed of
in the taxable year in which acquired or on or before the due
date for the return of income tax for such taxable year
(without regard to any extension of time for filing such
return), or
``(2) is marked to market with respect to the taxpayer for
such taxable year under section 475 or 1256 or any other
provision of this title.
``(h) Regulations.--The Secretary shall issue such regulations as
are necessary or appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section.
``SEC. 1290. DEFINITIONS.
``For purposes of this subpart--
``(1) Prepaid derivative contract.--
``(A) In general.--The term `prepaid derivative
contract' means any prepaid contract with a term of
longer than 1 year from the date of issue which is a
derivative financial instrument with respect to--
``(i) any security (as defined in section
475(c)(2), determined without regard to
subparagraph (F) and the last sentence thereof)
or group of securities (as so defined),
``(ii) any commodity (as defined in section
475(e)(2), determined without regard to
subparagraph (D) thereof) or group of
commodities (as so defined), or
``(iii) any financial index.
``(B) Exceptions.--Such term shall not include any
instrument which is treated (for purposes of this
title) as--
``(i) stock or debt,
``(ii) an interest in a partnership,
``(iii) part of a constructive ownership
transaction to which section 1260 applies,
``(iv) a hedging transaction (as defined in
section 1256(e)(2)),
``(v) a notional principal contract, or
``(vi) an option.
``(C) Certain options economically similar to
ownership.--To the extent provided by the Secretary in
regulations or other guidance, any option which by
reason of such option's term and strike price is
economically similar to a prepaid contract described in
subparagraph (A) shall not be treated as an option for
purposes of subparagraph (B)(vi).
``(2) Prepaid contract.--The term `prepaid contract' means
any contract under which there is no substantial likelihood
that the taxpayer will be required to pay any additional amount
under the contract. For purposes of the preceding sentence, a
taxpayer shall not be treated as having a substantial
likelihood of being required to pay any additional amount if
those additional amounts have been set aside (or are expected
to be set aside) with respect to such payment or are subject to
a defeasance arrangement or other arrangement similar to an
arrangement described in section 470(d)(1)(B).
``(3) Publicly traded prepaid derivative contract.--The
term `publicly traded prepaid derivative contract' means any
prepaid derivative contract--
``(A) which is traded on or subject to the rules of
a qualified board or exchange, or
``(B) with respect to which the issuer (or any
person acting on behalf of the issuer) regularly makes
available to the public (including customers or
subscribers) bid or offer quotes and stands ready to
effect buy or sell transactions at the quoted prices
for itself or on behalf of others.''.
(b) Conforming Amendments.--
(1) The table of subparts for part V of subchapter P of
chapter 1 of such Code is amended by adding at the end the
following new item:
``subpart e--prepaid derivative contracts.''.
(2) The heading of part V of subchapter P of chapter 1 of
such Code, and the item relating to such part in the table of
parts for subchapter P of chapter 1 of such Code, are each
amended by striking ``debt''.
(c) Effective Date.--The amendments made by this section shall
apply to contracts acquired after the date of the enactment of this
Act. | Amends the Internal Revenue Code to set forth rules for the treatment of income, loss, and distributions relating to a prepaid derivative contract. Defines "prepaid derivative contract" as any prepaid contract with a term longer than one year from the date of issue which is a derivative financial instrument with respect to any security, commodity, or financial index. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 with respect to the treatment of prepaid derivative contracts."} | 2,107 | 78 | 0.537513 | 1.364076 | 0.088111 | 3.393939 | 29.348485 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Applied Engineering and Technology
Center Investment Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) fully accredited bachelor's degree academic programs in
plastics, electronic, mechanical, manufacturing, construction,
wood, and automotive engineering technology, and in technology
management, are a significant asset for the State and region in
which they are located, and for the Nation;
(2) graduates of academic programs described in paragraph
(1) are experiencing a nearly 100 percent placement rate,
entering the work force making significant contributions to the
productivity, efficiency, and competitiveness of their
particular companies;
(3) the future preparation of America's workers, industrial
managers, and technicians depends on the use of modern, state-
of-the-art instructional equipment that is very expensive and
has a rather short relevant life span; and
(4) it is sound educational policy to invest Federal
dollars in programs and projects that directly benefit and
enhance the preparation of tomorrow's leaders in technology and
related industries which make the United States more
competitive in world markets.
SEC. 3. GRANT AUTHORITY.
The Director of the National Science Foundation (in this Act
referred to as the ``Director'') may make grants to organizations that
provide postsecondary education in applied engineering and technology
for equipment and capital improvements needed to ensure that such
education is provided using state-of-the-art instructional equipment
and facilities. Amounts made available through such grants may be used
in support of applied engineering and technology programs for any of
the following purposes:
(1) Purchase, rental, or lease of scientific or laboratory
equipment, including computer hardware and software, for
educational purposes, including instructional and research
purposes.
(2) Construction, maintenance, renovation, and improvement
in classroom, library, laboratory, and other instructional
facilities.
(3) Acquisition of library books, periodicals, microfilm,
data bases, software, and other educational materials.
(4) Tutoring, counseling, and student service programs
designed to improve academic success.
(5) Funds and administrative management, and acquisition of
equipment for use in strengthening funds management.
(6) Joint use of facilities, such as laboratories and
libraries.
(7) Establishing or improving a development office to
strengthen or improve contributions from alumni and the private
sector.
(8) Establishing community outreach programs which will
encourage elementary and secondary students to develop the
academic skills and the interest to pursue postsecondary
applied engineering and technology education.
(9) Other activities proposed in the application submitted
pursuant to section 4 that--
(A) contribute to carrying out the purposes of this
Act; and
(B) are approved by the Director as part of the
review and acceptance of such application.
SEC. 4. APPLICATIONS.
(a) Contents.--
(1) In general.--No organization shall receive any grant
under section 3 unless that organization submits an application
to the Director at such time, in such manner, and containing or
accompanied by such information, as the Director may reasonably
require. Each such application shall--
(A) provide that the payments under this Act will
be used for the purposes set forth in section 3; and
(B) provide for making an annual report to the
Director and for conducting, except as provided in
paragraph (2), a financial and compliance audit of the
organization, with regard to any funds obtained by it
under this Act, at least once every 2 years and
covering the period since the most recent audit, to be
conducted by a qualified, independent organization or
person in accordance with standards established by the
Comptroller General for the audit of governmental
organizations, programs, and functions, and as
prescribed in regulations of the Director, the results
of which shall be submitted to the Director.
(2) Audit exception.--An organization which is audited
under chapter 75 of title 31, United States Code, shall not be
required to perform an audit under paragraph (1)(B) of this
subsection for the period covered by such chapter 75 audit.
(b) Approval.--The Director shall approve any application which
meets the requirements of subsection (a) and shall not disapprove any
application submitted under this Act, or any modification thereof,
without first affording the applicant reasonable notice and opportunity
for a hearing.
(c) Goals for Financial Management and Academic Programs.--Any
application for a grant under this Act shall describe measurable goals
for the organization's financial management and applied engineering and
technology academic programs and include a plan of how the applicant
intends to achieve those goals. | Applied Engineering and Technology Center Investment Act of 1998 - Authorizes the Director of the National Science Foundation to make grants to organizations that provide postsecondary education in applied engineering and technology for equipment and capital improvements needed to ensure that such education is provided using state-of-the-art instructional equipment and facilities. Permits amounts made available through such grants to be used in support of applied engineering and technology programs for specified purposes, including: (1) the purchase, rental, or lease of scientific laboratory equipment, including computer hardware and software, for educational purposes, including instructional and research purposes; (2) construction, maintenance, and renovation in classroom, library, laboratory, and other instructional facilities; (3) acquisition of library books, periodicals, microfilm, databases, software, and other educational materials; (4) funds and administrative management, and acquisition of equipment for use in strengthening funds management; (5) joint use of facilities, such as laboratories and libraries; and (6) establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary applied engineering and technology education.
Prohibits an organization from receiving any grant unless that organization submits an application to the Director at such time, in such manner, and containing or accompanied by such information as the Director may require. States that each grant application shall: (1) provide that the payments will be used for the purposes set forth under this Act; and (2) provide for making an annual report to the Director and for conducting (subject to a stated exception), at least once every two years, a financial and compliance audit of the organization regarding any funds obtained by it under this Act which covers the period since the most recent audit. Requires the Director to: (1) approve any application which meets the above requirements; and (2) not disapprove any application submitted under this Act, or any modification thereof, without first affording the applicant reasonable notice and opportunity for a hearing.
Requires any grant application to describe measurable goals for the organization's financial management and applied engineering and technology academic programs and include a plan of how the applicant intends to achieve those goals. | {"src": "billsum_train", "title": "Applied Engineering and Technology Center Investment Act of 1998"} | 946 | 444 | 0.672157 | 2.304964 | 0.907047 | 6.377315 | 2.238426 | 0.951389 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Energy Programs
Reauthorization Act of 2017''.
SEC. 2. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or renewable
chemicals'' after ``biobased products'';
(B) in paragraph (2)(B)--
(i) in clause (i), by inserting ``or
renewable chemical'' after ``biobased''; and
(ii) in clause (ii), by inserting ``or
renewable chemical'' after ``portions of
biobased''; and
(C) by adding at the end the following:
``(5) Education and outreach.--The Secretary, in
consultation with the Administrator, shall provide to
appropriate stakeholders education and outreach relating to the
voluntary labeling program under this subsection.'';
(2) in subsection (f), by striking the subsection
designation and all that follows through ``The Secretary'' and
inserting the following:
``(f) Manufacturers of Renewable Chemicals and Biobased Products.--
``(1) NAICS codes.--The Secretary and the Secretary of
Commerce shall jointly develop North American Industry
Classification System codes for--
``(A) renewable chemicals manufacturers; and
``(B) biobased products manufacturers.
``(2) National testing center registry.--The Secretary'';
(3) in subsection (h)(2)--
(A) in subparagraph (B)(ii), by striking ``and'' at
the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) a description of the quantity of biobased
products procured under subsection (a) during the
previous year.'';
(4) in subsection (i)--
(A) in paragraph (1), by striking ``$3,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$6,000,000 for each of fiscal years 2019 through
2023''; and
(B) in paragraph (2), by striking ``2018'' and
inserting ``2023''; and
(5) in subsection (j), by striking ``includes, with'' and
inserting the following: ``includes--
``(1) products produced from biologically captured and
reused carbon; and
``(2) with''.
SEC. 3. BIOREFINERY, RENEWABLE CHEMICAL, AND BIOBASED PRODUCT
MANUFACTURING ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A), by striking ``and'' at the
end and inserting ``or''; and
(B) in subparagraph (B)--
(i) by inserting ``renewable chemical or
biobased product'' before ``technology''; and
(ii) by striking ``biorefinery that
produces an advanced biofuel.'' and inserting
``biorefinery.''; and
(2) in subsection (g)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use for the cost of
loan guarantees under this section, to remain available until
expended, $75,000,000 for each of fiscal years 2019 through
2023.''; and
(B) in paragraph (2), by striking ``2018'' and
inserting ``2023''.
SEC. 4. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005(g) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8105(g)) is amended--
(1) in paragraph (1), by striking ``expended--'' and all
that follows through the period at the end and inserting
``expended, $5,000,000 for each of fiscal years 2018 through
2023.''; and
(2) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 5. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Definition of Renewable Energy System.--Section 9001(16) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(16)) is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) in subparagraph (A), by striking ``that--'' and all
that follows through the period at the end of clause (ii) and
inserting the following: ``that produces usable energy from a
renewable energy source.
``(B) Inclusions.--The term `renewable energy
system' includes--
``(i) distribution components necessary to
move energy produced by a renewable energy
system to the initial point of sale; and
``(ii) other components and ancillary
infrastructure of a renewable energy system,
such as a storage system.''.
(b) Funding.--Section 9007(g) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)) is amended--
(1) in paragraph (1), by striking ``expended--'' and all
that follows through the period at the end and inserting
``expended, $150,000,000 for each of fiscal years 2018 through
2023.'';
(2) in paragraph (3), by striking ``$20,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2018 through 2023''; and
(3) by adding at the end the following:
``(4) Allocation of funding.--For each fiscal year, not
more than 30 percent of amounts made available to carry out
this section may be used for--
``(A) any 1 form of renewable energy described in
subparagraphs (A) and (B) of section 9001(15); or
``(B) technologies to improve the efficiency of
energy usage.''.
SEC. 6. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108(h)) is amended--
(1) in paragraph (1), by striking ``expended--'' and all
that follows through the period at the end and inserting
``expended, $20,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 7. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 8. BIOFUELS AND BIOBASED PRODUCT FEEDSTOCK AND WILDLAND FIRE
PROTECTION PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended--
(1) by striking the section heading and inserting
``biofuels and biobased product feedstock and wildland fire
protection program.'';
(2) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) through
(7) as paragraphs (7) and (1) through (5),
respectively, and moving the paragraphs so as to appear
in numerical order;
(C) in paragraph (1) (as so redesignated), by
striking ``BCAP'' and inserting ``program'';
(D) in paragraph (4) (as so redesignated)--
(i) in subparagraph (B)--
(I) in clause (ii)(II), by striking
``and'' at the end;
(II) in clause (iii), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(iv) algae; and
``(v) animal waste and byproducts,
including fat, oil, grease, and manure.''; and
(ii) in subparagraph (C)--
(I) by striking clauses (ii) and
(iv); and
(II) by redesignating clauses
(iii), (v), (vi), and (vii) as clauses
(ii), (iii), (iv), and (v),
respectively;
(E) in paragraph (5) (as so redesignated), by
striking ``BCAP'';
(F) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) Program.--The term `program' means the Biofuels and
Biobased Product Feedstock and Wildland Fire Protection Program
established under this section.''; and
(G) in paragraph (7) (as so redesignated)--
(i) by striking the paragraph heading and
inserting ``Project area.--''; and
(ii) in the matter preceding subparagraph
(A), by striking ``BCAP'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Biomass Crop Assistance Program'' and
inserting ``Biofuels and Biobased Product Feedstock and
Wildland Fire Protection Program'';
(B) in paragraph (1), by striking ``BCAP''; and
(C) in paragraph (2), by inserting ``, including
eligible material harvested for the purpose of
hazardous woody fuel reduction'' before the period at
the end;
(4) in subsection (c)--
(A) by striking the subsection heading and
inserting ``Project Areas.--'';
(B) by striking ``BCAP'' each place it appears;
(C) in paragraph (2)(B)--
(i) in the subparagraph heading, by
striking ``BCAP project'' and inserting
``Project''; and
(ii) in clause (i) (as amended by
subparagraph (B)), by inserting ``program''
before the semicolon at the end;
(D) in paragraph (4) (as amended by subparagraph
(B)), by inserting ``program'' before ``contract''; and
(E) in paragraph (5)(D) (as amended by subparagraph
(B)), by inserting ``program'' before ``payments on
land'';
(5) in subsection (d)--
(A) in paragraph (1)(A), by striking ``BCAP'' and
inserting ``program'';
(B) in paragraph (2)(B), by striking ``paragraph
(3)'' and inserting ``paragraph (5)'';
(C) by redesignating paragraph (3) as paragraph
(5);
(D) by inserting after paragraph (2) the following:
``(3) Hazardous woody fuel reduction.--
``(A) In general.--In accordance with regulations
issued by the Secretary to carry out this paragraph,
the Secretary may use amounts made available under
subsection (f)(1)(A) to provide to a project sponsor
that submits to the Secretary an application in
accordance with those regulations a payment under this
subsection for the transportation costs of a project
that removes eligible material for the purpose of
hazardous woody fuel reduction, as determined by the
Secretary.
``(B) Considerations.--In determining which
projects to provide payments under subparagraph (A),
the Secretary shall consider--
``(i) only projects that, as determined by
the Secretary, in consultation with the Forest
Service Fire Modeling Institute, are located in
wildland areas that are the most--
``(I) at risk from wildfire; or
``(II) in need of restoration; and
``(ii) which projects will provide--
``(I) the greatest benefit to the
protection of human life and structures
in the wildland-urban interface; and
``(II) the greatest protection of
municipal water supplies.
``(4) Limitation on collection of biomass for environmental
benefit.--As a condition on the receipt of a payment under this
subsection, a producer or person described in subparagraph (A)
or (B) of paragraph (1), respectively, shall leave uncollected
and unharvested not less than 30 percent, as determined
appropriate by the Secretary, of the woody eligible
material.''; and
(E) in paragraph (5) (as redesignated by
subparagraph (C))--
(i) in the paragraph heading, by striking
``bcap'' and inserting ``program''; and
(ii) by striking ``BCAP'' and inserting
``program''; and
(6) in subsection (f)--
(A) in paragraph (1), by striking ``Of the funds''
and all that follows through the period at the end and
inserting the following:
``(A) Mandatory funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall use
to carry out this section $70,000,000 for each of
fiscal years 2019 through 2023.
``(B) Discretionary funding.--There is authorized
to be appropriated to the Secretary to carry out this
section $20,000,000 for each of fiscal years 2019
through 2023.''; and
(B) in paragraph (2), by striking ``the Secretary
shall use not less than 10 percent, nor more than 50
percent, of the amount'' and inserting the following:
``the Secretary shall use--
``(A) not less than $50,000,000 to make
transportation payments for hazardous woody fuel
reduction projects under subsection (d)(3); and
``(B) not less than 10 percent, and not greater
than 50 percent, of the remaining amount''.
SEC. 9. COMMUNITY WOOD ENERGY PROGRAM.
Section 9013(e) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8113(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act take effect on October 1, 2018. | Agricultural Energy Programs Reauthorization Act of 2017 This bill amends the Farm Security Rural Investment Act of 2002 to reauthorize through FY2023 several Department of Agriculture (USDA) energy programs, including: the Biobased Markets Program; the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; the Bioenergy Program for Advanced Biofuels; the Rural Energy For America Program (REAP); the Biomass Research and Development Initiative; the Feedstock Flexibility Program; and the Community Wood Energy Program. The bill modifies and reauthorizes the Biomass Crop Assistance Program to: rename it the Biofuels and Biobased Product Feedstock and Wildland Fire Protection Program; require USDA to provide assistance under the program for hazardous woody fuel reduction projects; and expand the definition of eligible materials to include algae and animal waste byproducts, including fat, oil, grease, and manure. The bill provides mandatory funding through FY2023 for several of the reauthorized programs. The bill modifies the Biobased Markets Program to: (1) include producers of renewable chemicals in the voluntary labeling program, and (2) require USDA and the Department of Commerce to jointly develop North American Industry Classification system codes for renewable chemical manufacturers and biobased products manufacturers. The bill modifies REAP to prohibit more than 30% of the funds from being used each year for: (1) any one form of renewable energy, or (2) technologies to improve the efficiency of energy usage. | {"src": "billsum_train", "title": "Agricultural Energy Programs Reauthorization Act of 2017"} | 3,341 | 314 | 0.562601 | 1.614754 | 0.728847 | 2.711191 | 10.783394 | 0.812274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Bank for America Act
of 2017''.
SEC. 2. ESTABLISHMENT OF THE INFRASTRUCTURE BANK FOR AMERICA.
(a) In General.--The formation agent shall, in accordance with such
rules and regulations as the Secretary of the Treasury may prescribe,
make and file with the Secretary at the earliest practicable date after
the date of the enactment of this Act, an organization certificate
which shall contain such information as the Secretary may require. Upon
the making and filing of such organization certificate with the
Secretary, such formation agent shall become a body corporate to be
known as the ``Infrastructure Bank Holding Company'' (hereinafter
referred to as the ``Holding Company''), which shall be the parent
company of the ``Infrastructure Bank for America'' (hereinafter
referred to as the ``Bank''), which is hereby established and which
shall--
(1) serve as a lender for infrastructure projects, both
directly and indirectly through State and local governments and
State infrastructure banks, as provided under this Act;
(2) maintain its principal office in New York City or the
District of Columbia or the metropolitan area thereof;
(3) be deemed, for purposes of jurisdiction and venue in
civil actions to be a Delaware corporation; and
(4) have all powers, not inconsistent with the provisions
of this Act, as are customary and usual in corporations
generally.
(b) Regional Offices.--The Bank shall establish regional offices,
for the purpose of focusing on projects in different areas of the
United States.
(c) Board of Directors.--The Bank shall have a board of directors,
which shall--
(1) initially consist of 7 members, or such other number as
the Bank determines appropriate;
(2) be elected by the Bank's shareholders;
(3) within the limitations of law and regulation, determine
the general policies which shall govern the operations of the
Bank, and have power to adopt, amend, and repeal bylaws
governing the performance of the powers and duties granted to
or imposed upon the Bank by law; and
(4) select and effect the appointment of qualified persons
to fill the office of the Chief Executive Officer and, along
with the Chief Executive Officer, such other offices as may be
provided for in the bylaws.
(d) Treatment of Shareholders of the Formation Agent.--The Holding
Company shall, upon establishment, issue equity securities of the
Holding Company to each shareholder of the formation agent, in an
amount that the Board of Directors determines has a value equal to the
value of equity securities of the formation agent held by such
shareholder upon the establishment of the Holding Company.
(e) Earnings and Reserves Not Government Funds.--The earnings and
reserves of the Holding Company and the Bank shall be the sole property
of the Holding Company and the Bank and shall not be construed to be
Government or public funds or appropriated money.
SEC. 3. FUNCTIONS OF THE BANK.
(a) In General.--The Bank shall provide--
(1) direct loans and loan guarantees to private entities
for the construction or maintenance of revenue-producing
infrastructure projects; and
(2) indirect loans and loan guarantees to State and local
governments and State infrastructure banks, for the
construction or maintenance of infrastructure projects.
(b) Support for Rural Projects.--At least 7 percent of the dollar
amount of loans and loan guarantees provided by the Bank shall be with
respect to infrastructure projects in rural areas.
(c) No Commercial or Investment Banking Activities.--The Bank shall
not accept customer deposits nor engage in financial or investment
banking activities, such as trust management or underwriting
securities.
(d) Pledge and Credit Facilities.--
(1) Pledge.--The Bank shall have the authority to pledge
its loans to the discount window of the Board of Governors of
the Federal Reserve System and as advances to any Federal Home
Loan Bank.
(2) Line of credit.--The Secretary shall provide a line of
credit to the Bank in a similar manner to the facility
available to the Federal National Mortgage Association and the
Federal Home Loan Banks.
SEC. 4. HOLDING COMPANY SECURITIES.
(a) Equity Securities.--
(1) In general.--The Holding Company shall issue such
equity securities as the Holding Company determines
appropriate.
(2) Dividends.--The Holding Company may make such dividend
payments on the equity securities of the Holding Company as the
Holding Company determines appropriate.
(3) Initial issuance amount.--The Holding Company shall
have the goal of raising $100,000,000,000 in the initial
issuance of equity securities, the purpose of which is to fund
the Bank.
(b) Bonds.--
(1) Standard bonds.--The Holding Company shall issue
standard bonds, with maturities up to 30 years, or longer as
needed.
(2) Repatriated cash bonds.--
(A) In general.--The Holding Company shall issue
special bonds, named ``Repatriation Bonds'', with
maturities up to 30 years or longer as needed, that are
only purchasable using dividends to which section
965(g) of the Internal Revenue Code of 1986 applied.
(B) Use of repatriated cash to purchase
securities.--For treatment of dividends used to
purchased special bonds under this paragraph, see
section 965(g) of the Internal Revenue Code of 1986.
(C) 5-year limitation.--The Holding Company may not
issue any new Repatriation Bonds after the end of the
5-year period beginning on the date the Bank is
established.
(3) Other bonds.--The Holding Company may issue such other
bonds, notes, and marketable securities with maturities and
interest rates as the Holding Company determines appropriate.
(4) Initial issuance amount.--The Holding Company shall
have the goal of making initial bond sales in an aggregate
amount of $1,000,000,000,000 or more.
(5) Treasury oversight and authority to purchase bonds.--
(A) Approval required.--Before issuing any bonds,
the Holding Company shall submit a proposal for such
bond issuance to the Secretary, and the Holding Company
may only issue such bonds if the Secretary approves the
proposal.
(B) Authority to purchase bonds.--
(i) In general.--The Secretary may purchase
bonds issued under this subsection.
(ii) Limitation.--The aggregate amount of
outstanding bonds purchased by the Secretary
under this subsection may not exceed 5 percent
of the total amount of the Holding Company's
outstanding bonds.
(c) Leverage Limitation.--The Holding Company and the Bank shall
seek to maintain risk based capital at no less than 10 percent.
SEC. 5. OVERSIGHT AND REGULATION.
(a) Board of Governors of the Federal Reserve System.--The Board of
Governors of the Federal Reserve System shall have oversight and
supervisory authority over the Infrastructure Bank Holding Company and
the Bank in order to ensure the safe and sound operations of the
Infrastructure Bank Holding Company and the Bank.
(b) Secretary of the Treasury.--The Secretary shall establish an
office, which shall report to the Assistant Secretary of the Treasury
for Financial Institutions, which shall have oversight and supervisory
authority over the issuance of bonds by the Infrastructure Bank Holding
Company and the Bank in order to ensure the safe and sound financing of
the Infrastructure Bank Holding Company and the Bank.
SEC. 6. INFRASTRUCTURE GUARANTEE FUND.
(a) Establishment.--The Bank shall establish an Infrastructure
Guarantee Fund, which shall be available for State and local
governments and other persons who wish to deposit funds to be used with
respect to specific loans or loan guarantees made by the Bank, in the
event of any non-payment by the recipient of such loan or loan
guarantee.
(b) Return of Funds.--Any funds described under subsection (a) that
are remaining at the time such loans or guaranteed loans are repaid
shall be returned to the State or local government or other person who
deposited the funds.
SEC. 7. HOLDING COMPANY AND BANK EXEMPTION FROM TAXATION.
The Holding Company and the Bank, including its franchise, its
capital, reserves, and surplus, its advances, and its income shall be
exempt from all taxation now or hereafter imposed by the United States,
by any territory, dependency, or possession thereof, or by any State,
county, municipal, or local taxing authority, except that any real
property of the Holding Company and the Bank shall be subject to State,
territorial, county, municipal, or local taxation to the same extent
according to its value as other real property is taxed.
SEC. 8. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR
REPATRIATED FOREIGN EARNINGS USED TO PURCHASE HOLDING
COMPANY BONDS.
(a) In General.--Section 965 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Temporary Extension and Modification.--
``(1) In general.--In the case of an election under this
subsection, subsection (f)(1) shall be applied by substituting
`the date of the enactment of subsection (g)' for `the date of
the enactment of this section'.
``(2) Percentage deductible.--In the case of an election
under this subsection, subsection (a)(1) shall be applied by
substituting `100 percent' for `85 percent'.
``(3) Requirement to invest in bonds.--In the case of an
election under this subsection--
``(A) subsection (b)(4) shall not apply, and
``(B) subsection (a) shall only apply to so much of
the portion dividends received by a United States
shareholder during the taxable year as does not exceed
the amount paid by the shareholder during such taxable
year for bonds issued under section 4(b)(2) of the
Infrastructure Bank for America Act of 2017.
``(4) Special rules.--
``(A) Recapture in case of bonds sold during
recapture period.--The Secretary shall, by regulations,
provide for recapturing the applicable percentage of
the benefit under any deduction allowable by this
subsection if before the end of the 10-year period
beginning on the date of the purchase of the bond to
which this subsection applies the taxpayer disposes of
such bond.
``(B) Applicable percentage.--For purposes of this
paragraph, the applicable percentage shall be
determined under the following table:
``In the case of a disposition
in the following year of The applicable
such 10-year period: percentage shall be:
First year................................... 100 percent
Second year.................................. 90 percent
Third year................................... 80 percent
Fourth year.................................. 70 percent
Fifth year................................... 60 percent
Sixth year................................... 50 percent
Seventh year................................. 40 percent
Eighth year.................................. 30 percent
Ninth year................................... 20 percent
Tenth year................................... 10 percent.''.
(b) Conforming Amendment.--
(1) Section 965 of such Code is amended by striking ``June
30, 2003'' each place it occurs and inserting ``June 30,
2016''.
(2) Subparagraph (B) of section 965(b)(3) of such Code is
amended by striking ``October 3, 2004'' and inserting
``September 1, 2017''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years ending on or after the date of the enactment of this
Act.
SEC. 9. INFRASTRUCTURE BANK HOLDING COMPANY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. INFRASTRUCTURE BANK HOLDING COMPANY CREDIT.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer who holds a qualified Holding Company equity investment on a
credit allowance date of such investment which occurs during the
taxable year, the Infrastructure Bank Holding Company credit determined
under this section for such taxable year is an amount equal to 16
percent of the amount paid to the Holding Company for such investment
at its original issue.
``(b) Credit Allowance Date.--For purposes of this section, credit
allowance date with respect to any qualified Holding Company equity
investment is--
``(1) the date on which such investment is initially made,
and
``(2) each of the 4 anniversary dates of such date
thereafter.
``(c) Qualified Holding Company Equity Investment.--For purposes of
this section, the term `qualified Holding Company equity investment'
means any equity investment originally issued by the Holding Company to
the taxpayer under section 4(a)(1) of the Infrastructure Bank for
America Act of 2017 not later than 3 years after the date of the
enactment of such Act.
``(d) Holding Company.--For purposes of this section, the term
`Holding Company' means the Infrastructure Bank Holding Company
established under the Infrastructure Bank for America Act of 2017.
``(e) Basis Reduction.--The basis of any qualified Holding Company
equity investment shall be reduced by the amount of any credit
determined under this section with respect to such investment.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code 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 Infrastructure Bank Holding Company credit
determined under section 45S.''.
(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 45S(e).''.
(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. 10. DEFINITIONS.
For purposes of this Act:
(1) Bank.--The term ``Bank'' means the Infrastructure Bank
for America established under section 2.
(2) Formation agent.--The term ``formation agent'' means an
entity selected by the Secretary.
(3) Infrastructure bank holding company.--The term
``Infrastructure Bank Holding Company'' means the company--
(A) by that name incorporated by the formation
agent; and
(B) acting as the parent company of the Bank after
the establishment of the Bank.
(4) Revenue-producing infrastructure project.--The term
``revenue-producing infrastructure project'' means an
infrastructure project that, when complete, generates revenue
from user fees.
(5) Risk based capital.--The term ``risk based capital''
shall have the meaning given that term by the Board of
Governors of the Federal Reserve System.
(6) Rural.--The term ``rural'' means a county that is
neither in a metropolitan statistical area nor in a
micropolitan statistical area that is adjacent to a
metropolitan statistical area, as those terms are defined by
the U.S. Office of Management and Budget and as they are
applied under currently applicable Urban Influence Codes,
established by the United States Department of Agriculture's
Economic Research Service.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized Indian
tribe.
(9) State infrastructure bank.--The term ``State
infrastructure bank'' means a State infrastructure bank or
multistate infrastructure bank established pursuant to--
(A) section 350 of the National Highway System
Designation Act of 1995;
(B) section 1511(l) of the Transportation Equity
Act for the 21st Century; or
(C) section 610 of title 23, United States Code.
(10) State or local government.--The term ``State or local
government'' means a State or local government or any agency or
instrumentality of a State or local government. | Infrastructure Bank for America Act of 2017 This bill provides for the establishment of the Infrastructure Bank Holding Company (IBHC), which shall be the parent company of the Infrastructure Bank for America (the bank). The bank shall provide: (1) direct loans and loan guarantees to private entities for the construction or maintenance of revenue-producing infrastructure projects, and (2) indirect loans and loan guarantees to state and local governments and state infrastructure banks for the construction or maintenance of infrastructure projects. At least 7% of the dollar amount of the loans and loan guarantees shall be for infrastructure projects in rural areas. The Board of Governors of the Federal Reserve System shall have oversight and supervisory authority over the IBHC and the bank. The Department of the Treasury shall have oversight and supervisory authority over the issuance of bonds by the IBHC and the bank. The bank shall establish an Infrastructure Guarantee Fund to cover loans and loan guarantees in the event of nonpayment. The bill amends the Internal Revenue Code to: (1) extend and modify the dividends received deduction for repatriated foreign earnings used to purchase holding company bonds, and (2) allow a new infrastructure bank holding company credit. | {"src": "billsum_train", "title": "Infrastructure Bank for America Act of 2017"} | 3,636 | 235 | 0.518705 | 1.640268 | 0.755934 | 4.889381 | 14.530973 | 0.942478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to guarantee the free flow of
information to the public through a free and active press as the most
effective check upon Government abuse, while protecting the right of
the public to effective law enforcement and the fair administration of
justice.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``attorney for the United States'' means the
Attorney General, any United States Attorney, Department of
Justice prosecutor, special prosecutor, or other officer or
employee of the United States in the executive branch of
Government or any independent regulatory agency with the
authority to obtain a subpoena or other compulsory process;
(2) the term ``communication service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in sections 3 and 230 of the
Communications Act of 1934 (47 U.S.C. 153 and 230));
and
(3) the term ``journalist'' means a person who, for
financial gain or livelihood, is engaged in gathering,
preparing, collecting, photographing, recording, writing,
editing, reporting, or publishing news or information as a
salaried employee of or independent contractor for a newspaper,
news journal, news agency, book publisher, press association,
wire service, radio or television station, network, magazine,
Internet news service, or other professional medium or agency
which has as 1 of its regular functions the processing and
researching of news or information intended for dissemination
to the public.
SEC. 4. COMPELLED DISCLOSURE AT THE REQUEST OF ATTORNEYS FOR THE UNITED
STATES IN CRIMINAL PROCEEDINGS.
(a) In General.--Except as provided in subsection (b), in any
criminal investigation or prosecution, a Federal court may not, upon
the request of an attorney for the United States, compel a journalist,
any person who employs or has an independent contract with a
journalist, or a communication service provider to disclose--
(1) information identifying a source who provided
information under a promise or agreement of confidentiality
made by the journalist while acting in a professional
newsgathering capacity; or
(2) any records, communication data, documents, or
information that the journalist obtained or created while
acting in a professional newsgathering capacity and upon a
promise or agreement that such records, communication data,
documents, or information would be confidential.
(b) Disclosure.--Compelled disclosures otherwise prohibited under
subsection (a) may be ordered only if a court, after providing the
journalist, or any person who employs or has an independent contract
with a journalist, notice and an opportunity to be heard, determines by
clear and convincing evidence that--
(1) the attorney for the United States has exhausted
alternative sources of the information;
(2) to the extent possible, the subpoena--
(A) avoids requiring production of a large volume
of unpublished material; and
(B) is limited to--
(i) the verification of published
information; and
(ii) surrounding circumstances relating to
the accuracy of the published information;
(3) the attorney for the United States has given reasonable
and timely notice of a demand for documents;
(4) nondisclosure of the information would be contrary to
the public interest, taking into account both the public
interest in compelling disclosure and the public interest in
newsgathering and maintaining a free flow of information to
citizens;
(5) there are reasonable grounds, based on an alternative,
independent source, to believe that a crime has occurred, and
that the information sought is critical to the investigation or
prosecution, particularly with respect to directly establishing
guilt or innocence; and
(6) the subpoena is not being used to obtain peripheral,
nonessential, or speculative information.
SEC. 5. COMPELLED DISCLOSURE AT THE REQUEST OF CRIMINAL DEFENDANTS.
(a) In General.--Except as provided in subsection (b), a Federal
court may not, upon the request of a criminal defendant, compel a
journalist, any person who employs or has an independent contract with
a journalist, or a communication service provider to disclose--
(1) information identifying a source who provided
information under a promise or agreement of confidentiality
made by the journalist while acting in a professional
newsgathering capacity; or
(2) any records, communication data, documents, or
information that the journalist obtained or created while
acting in a professional newsgathering capacity and under a
promise or agreement that such records, communication data,
documents, or information would be confidential.
(b) Disclosure.--Compelled disclosures otherwise prohibited under
subsection (a) may be ordered only if a court, after providing the
journalist, or any person who employs or has an independent contract
with a journalist, notice and an opportunity to be heard, determines by
clear and convincing evidence that--
(1) the criminal defendant has exhausted alternative
sources of the information;
(2) there are reasonable grounds, based on an alternative
source, to believe that the information sought is directly
relevant to the question of guilt or innocence or to a fact
that is critical to enhancement or mitigation of a sentence;
(3) the subpoena is not being used to obtain peripheral,
nonessential, or speculative information; and
(4) nondisclosure of the information would be contrary to
the public interest, taking into account the public interest in
compelling disclosure, the defendant's interest in a fair
trial, and the public interest in newsgathering and in
maintaining the free flow of information.
SEC. 6. CIVIL LITIGATION.
(a) In General.--Except as provided in subsection (b), in any civil
action, a Federal court may not compel a journalist, any person who
employs or has an independent contract with a journalist, or a
communication service provider to disclose--
(1) information identifying a source who provided
information under a promise or agreement of confidentiality
made by the journalist while acting in a professional
newsgathering capacity; or
(2) any records, communication data, documents, or
information that the journalist obtained or created while
acting in a professional newsgathering capacity and upon a
promise or agreement that such records, communication data,
documents, or information would be confidential.
(b) Disclosure.--Compelled disclosures otherwise prohibited under
(a) may be ordered only if a court, after providing the journalist, or
any person who employs or has an independent contract with a
journalist, notice and an opportunity to be heard, determines by clear
and convincing evidence that--
(1) the party seeking the information has exhausted
alternative sources of the information;
(2) the information sought is critical to the successful
completion of the civil action;
(3) nondisclosure of the information would be contrary to
the public interest, taking into account both the public
interest in compelling disclosure and the public interest in
newsgathering and in maintaining the free flow of information
to the widest possible degree about all matters that enter the
public sphere;
(4) the subpoena is not being used to obtain peripheral,
nonessential, or speculative information;
(5) to the extent possible, the subpoena--
(A) avoids requiring production of a large volume
of unpublished material; and
(B) is limited to--
(i) the verification of published
information; and
(ii) surrounding circumstances relating to
the accuracy of the published information; and
(6) the party seeking the information has given reasonable
and timely notice of the demand for documents.
SEC. 7. EXCEPTION FOR JOURNALIST'S EYEWITNESS OBSERVATIONS OR
PARTICIPATION IN CRIMINAL OR TORTIOUS CONDUCT.
Notwithstanding sections 1 through 6, a journalist, any person who
employs or has an independent contract with a journalist, or a
communication service provider has no privilege against disclosure of
any information, record, document, or item obtained as the result of
the eyewitness observations of criminal conduct or commitment of
criminal or tortious conduct by the journalist, including any physical
evidence or visual or audio recording of the observed conduct, if a
court determines by clear and convincing evidence that the party
seeking to compel disclosure under this section has exhausted
reasonable efforts to obtain the information from alternative sources.
This section does not apply if the alleged criminal or tortious conduct
is the act of communicating the documents or information at issue.
SEC. 8. EXCEPTION TO PREVENT DEATH OR SUBSTANTIAL BODILY INJURY.
Notwithstanding sections 1 through 6, a journalist, any person who
employs or has an independent contract with a journalist, or
communication service provider has no privilege against disclosure of
any information to the extent such information is reasonably necessary
to stop or prevent reasonably certain--
(1) death; or
(2) substantial bodily harm.
SEC. 9. EXCEPTION FOR NATIONAL SECURITY INTEREST.
(a) In General.--Notwithstanding sections 1 through 6, a
journalist, any person who employs or has an independent contract with
a journalist, or communication service provider has no privilege
against disclosure of any records, communication data, documents,
information, or items described in sections 4(a), 5(a), or 6(a) sought
by an attorney for the United States by subpoena, court order, or other
compulsory process, if a court has provided the journalist, or any
person who employs or has an independent contract with a journalist,
notice and an opportunity to be heard, and determined by clear and
convincing evidence, that--
(1) disclosure of information identifying the source is
necessary to prevent an act of terrorism or to prevent
significant and actual harm to the national security, and the
value of the information that would be disclosed clearly
outweighs the harm to the public interest and the free flow of
information that would be caused by compelling the disclosure;
or
(2) in a criminal investigation or prosecution of an
unauthorized disclosure of properly classified Government
information by an employee of the United States, such
unauthorized disclosure has seriously damaged the national
security, alternative sources of the information identifying
the source have been exhausted, and the harm caused by the
unauthorized disclosure of properly classified Government
information clearly outweighs the value to the public of the
disclosed information.
(b) Rule of Construction.--Nothing in this Act shall be construed
to limit any authority of the Government under the Foreign Intelligence
Surveillance Act (50 U.S.C. 1801 et seq.).
SEC. 10. JOURNALIST'S SOURCES AND WORK PRODUCT PRODUCED WITHOUT PROMISE
OR AGREEMENT OF CONFIDENTIALITY.
Nothing in this Act shall supersede, dilute, or preclude any law or
court decision compelling or not compelling disclosure by a journalist,
any person who employs or has an independent contract with a
journalist, or a communications service provider of--
(1) information identifying a source who provided
information without a promise or agreement of confidentiality
made by the journalist while acting in a professional
newsgathering capacity; or
(2) records, communication data, documents, or information
obtained without a promise or agreement that such records,
communication data, documents, or information would be
confidential. | Free Flow of Information Act of 2006 - Prohibits federal courts in criminal or civil proceedings from compelling journalists to disclose their confidential sources or information which they obtain in a professional newsgathering capacity. Allows exceptions if a court finds that: (1) alternative means of obtaining such confidential information have been exhausted and reasonable and timely notice of a demand for such information has been given; (2) subpoenas for such information are limited in scope; (3) such information is critical to pending criminal or civil litigation; and (4) nondisclosure of such information would be contrary to the public interest.
Denies journalists a privilege against disclosure of confidential information if such information: (1) was obtained by eyewitness observations of criminal conduct by a journalist or involvement of such journalist in criminal or tortious conduct; (2) is necessary to prevent death or substantial bodily harm; (3) is necessary to protect national security; and (4) was provided or obtained without a promise of confidentiality. | {"src": "billsum_train", "title": "A bill to guarantee the free flow of information to the public through a free and active press while protecting the right of the public to effective law enforcement and the fair administration of justice."} | 2,508 | 208 | 0.500116 | 1.487953 | 0.764685 | 2.555556 | 12.232804 | 0.883598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Flexibility Act
of 2003''.
SEC. 2. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A
MONTH FROM APRIL TO NOVEMBER.
(a) In General.--Part I of subchapter E of chapter 1 of the
Internal Revenue Code of 1986 (relating to accounting periods) is
amended by inserting after section 444 the following new section:
``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING
IN A MONTH FROM APRIL TO NOVEMBER.
``(a) General Rule.--A qualified small business may elect to have a
taxable year, other than the required taxable year, which ends on the
last day of any of the months of April through November (or at the end
of an equivalent annual period (varying from 52 to 53 weeks)).
``(b) Years for Which Election Effective.--An election under
subsection (a)--
``(1) shall be made not later than the due date (including
extensions thereof) for filing the return of tax for the first
taxable year of the qualified small business, and
``(2) shall be effective for such first taxable year or
period and for all succeeding taxable years of such qualified
small business until such election is terminated under
subsection (c).
``(c) Termination.--
``(1) In general.--An election under subsection (a) shall
be terminated on the earliest of--
``(A) the first day of the taxable year following
the taxable year for which the entity fails to meet the
gross receipts test,
``(B) the date on which the entity fails to qualify
as an S corporation, or
``(C) the date on which the entity terminates.
``(2) Gross receipts test.--For purposes of paragraph (1),
an entity fails to meet the gross receipts test if the entity
fails to meet the gross receipts test of section 448(c).
``(3) Effect of termination.--An entity with respect to
which an election is terminated under this subsection shall
determine its taxable year for subsequent taxable years under
any other method that would be permitted under subtitle A.
``(4) Income inclusion and deduction rules for period after
termination.--If the termination of an election under paragraph
(1)(A) results in a short taxable year--
``(A) items relating to net profits for the period
beginning on the day after its last fiscal year-end and
ending on the day before the beginning of the taxable
year determined under paragraph (4) shall be includible
in income ratably over the succeeding 4 taxable years,
or (if fewer) the number of taxable years equal to the
fiscal years for which the election under this section
was in effect, and
``(B) items relating to net losses for such period
shall be deductible in the first taxable year after the
taxable year with respect to which the election
terminated.
``(d) Definitions.--For purposes of this section--
``(1) Qualified small business.--The term `qualified small
business' means an entity--
``(A)(i) for which an election under section
1362(a) is in effect for the first taxable year or
period of such entity and for all subsequent years, or
``(ii) which is treated as a partnership for the
first taxable year or period of such entity for Federal
income tax purposes,
``(B) which conducts an active trade or business or
which would qualify for an election to amortize start-
up expenditures under section 195, and
``(C) which is a start-up business.
``(2) Start-up business.--For purposes of paragraph (1)(C),
an entity shall be treated as a start-up business so long as
not more than 75 percent of the entity is owned by any person
who previously conducted a similar trade or business at any
time within the 1-year period ending on the date on which such
entity is formed. For purposes of the preceding sentence, a
person and any other person bearing a relationship to such
person specified in section 267(b) or 707(b)(1) shall be
treated as one person, and sections 267(b) and 707(b)(1) shall
be applied as if section 267(c)(4) provided that the family of
an individual consists of the individual's spouse and the
individual's children under the age of 21.
``(3) Required taxable year.--The term `required taxable
year' has the meaning given to such term by section 444(e).
``(e) Tiered Structures.--The Secretary shall prescribe rules
similar to the rules of section 444(d)(3) to eliminate abuse of this
section through the use of tiered structures.''.
(b) Conforming Amendment.--Section 444(a)(1) of such Code is
amended by striking ``section,'' and inserting ``section and section
444A''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter E of chapter 1 of such Code is amended by inserting after
the item relating to section 444 the following new item:
``Sec. 444A. Qualified small businesses election of taxable year ending
in a month from April to November.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Small Business Tax Flexibility Act of 2003 - Amends the Internal Revenue Code to permit a qualified small business the election of having a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November. | {"src": "billsum_train", "title": "To permit startup partnerships and S corporations to elect taxable years other than required years."} | 1,260 | 59 | 0.57356 | 1.280572 | 0.765901 | 7.5 | 21.96 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Relief Act of 2001''.
SEC. 2. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED PROFESSIONAL DEVELOPMENT
EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES.
``(a) Allowance of Deduction.--In the case of an eligible educator,
there shall be allowed as a deduction an amount equal to the qualified
professional development expenses paid or incurred by the taxpayer
during the taxable year.
``(b) Maximum Deduction.--The deduction allowed under subsection
(a) for any taxable year shall not exceed $500.
``(c) Qualified Professional Development Expenses of Eligible
Educators.--For purposes of this section--
``(1) Qualified professional development expenses.--
``(A) In general.--The term `qualified professional
development expenses' means expenses for tuition, fees,
books, supplies, equipment, and transportation required
for the enrollment or attendance of an individual in a
qualified course of instruction.
``(B) Qualified course of instruction.--The term
`qualified course of instruction' means a course of
instruction which--
``(i) is--
``(I) directly related to the
curriculum and academic subjects in
which an eligible educator provides
instruction,
``(II) designed to enhance the
ability of an eligible educator to
understand and use State standards for
the academic subjects in which such
educator provides instruction,
``(III) designed to provide
instruction in how to teach children
with different learning styles,
particularly children with disabilities
and children with special learning
needs (including children who are
gifted and talented), or
``(IV) designed to provide
instruction in how best to discipline
children in the classroom and identify
early and appropriate interventions to
help children described in subclause
(III) to learn,
``(ii) is tied to--
``(I) challenging State or local
content standards and student
performance standards, or
``(II) strategies and programs that
demonstrate effectiveness in increasing
student academic achievement and
student performance, or substantially
increasing the knowledge and teaching
skills of an eligible educator,
``(iii) is of sufficient intensity and
duration to have a positive and lasting impact
on the performance of an eligible educator in
the classroom (which shall not include 1-day or
short-term workshops and conferences), except
that this clause shall not apply to an activity
if such activity is 1 component described in a
long-term comprehensive professional
development plan established by an eligible
educator and the educator's supervisor based
upon an assessment of the needs of the
educator, the students of the educator, and the
local educational agency involved, and
``(iv) is part of a program of professional
development which is approved and certified by
the appropriate local educational agency as
furthering the goals of the preceding clauses.
``(C) Local educational agency.--The term `local
educational agency' has the meaning given such term by
section 14101 of the Elementary and Secondary Education
Act of 1965, as in effect on the date of the enactment
of this section.
``(2) Eligible educator.--
``(A) In general.--The term `eligible educator'
means an individual who is a kindergarten through grade
12 teacher, instructor, counselor, principal, or aide
in an elementary or secondary school for at least 900
hours during a school year.
``(B) Elementary or secondary school.--The terms
`elementary school' and `secondary school' have the
meanings given such terms by section 14101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801), as so in effect.
``(d) Denial of Double Benefit.--
``(1) In general.--No other deduction or credit shall be
allowed under this chapter for any amount taken into account
for which a deduction is allowed under this section.
``(2) Coordination with exclusions.--A deduction shall be
allowed under subsection (a) for qualified professional
development expenses only to the extent the amount of such
expenses exceeds the amount excludable under section 135,
529(c)(1), or 530(d)(2) for the taxable year.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of the Internal Revenue Code of 1986 is amended by inserting
after paragraph (17) the following new paragraph:
``(18) Qualified professional development expenses.--The
deduction allowed by section 222.''.
(c) Conforming Amendments.--
(1) Sections 86(b)(2), 135(c)(4), 137(b)(3), and 219(g)(3)
of the Internal Revenue Code of 1986 are each amended by
inserting ``222,'' after ``221,''.
(2) Section 221(b)(2)(C) of such Code is amended by
inserting ``222,'' before ``911''.
(3) Section 469(i)(3)(E) of such Code is amended by
striking ``and 221'' and inserting ``, 221, and 222''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 222 and inserting the following new items:
``Sec. 222. Qualified professional
development expenses.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE
CLASSROOM MATERIALS.
(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. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO
PROVIDE CLASSROOM MATERIALS.
``(a) Allowance of Credit.--In the case of an eligible educator,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified elementary and secondary education expenses which are paid or
incurred by the taxpayer during such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $250.
``(c) Definitions.--
``(1) Eligible educator.--The term `eligible educator' has
the same meaning given such term in section 222(c).
``(2) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' means expenses for books, supplies (other
than nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including related
software and services) and other equipment, and supplementary
materials used by an eligible educator in the classroom.
``(3) Elementary or secondary school.--The term `elementary
or secondary school' means any school which provides elementary
education or secondary education (through grade 12), as
determined under State law.
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this chapter for any expense for which credit is
allowed under this section.
``(2) Application with other credits.--The credit allowable
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30B. Credit to elementary and
secondary school teachers who
provide classroom materials.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Teacher Relief Act of 2001- Amends the Internal Revenue Code to: (1) allow a deduction of up to $500 annually for qualified professional development expenses to an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in an elementary or secondary school for at least 900 hours during a school year; and (2) allow a credit of up to $250 annually to such an individual who provides qualified classroom materials. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for qualified professional development expenses of elementary and secondary school teachers and to allow a credit against income tax to elementary and secondary school teachers who provide classroom materials."} | 1,987 | 92 | 0.588783 | 1.360651 | 0.502629 | 4.670455 | 19.840909 | 0.897727 |
SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended by striking
``and'' at the end of paragraph (2), by striking the period at the end
of paragraph (3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) the reclamation credit.''
(b) Reclamation Credit.--Section 48 of such Code (relating to
energy credit and reforestation credit) is amended by adding at the end
the following new subsection:
``(c) Reclamation Credit.--
``(1) In general.--For purposes of section 46, the
reclamation credit for any taxable year is 20 percent of the
basis of each qualified reclamation property placed in service
during the taxable year.
``(2) Qualified reclamation property.--
``(A) In general.--For purposes of this section,
the term `qualified reclamation property' means
property--
``(i) which is qualified recycling property
or qualified remanufacturing property,
``(ii) which is tangible property (not
including a building and its structural
components),
``(iii) with respect to which depreciation
(or amortization in lieu of depreciation) is
allowable,
``(iv) which has a useful life of at least
5 years, and
``(v) which is--
``(I) acquired by purchase (as
defined in section 179(d)(2)) by the
taxpayer if the original use of such
property commences with the taxpayer,
or
``(II) constructed by or for the
taxpayer.
``(B) Dollar Limitation.--
``(i) In general.--The basis of qualified
reclamation property taken into account under
paragraph (1) for any taxable year shall not
exceed $10,000,000 for a taxpayer.
``(ii) Treatment of controlled group.--For
purposes of clause (i)--
``(I) all component members of a
controlled group shall be treated as
one taxpayer, and
``(II) the Secretary shall
apportion the dollar limitation in such
clause among the component members of
such controlled group in such manner as
he shall by regulation prescribe.
``(iii) Treatment of partnerships and s
corporations.--In the case of a partnership,
the dollar limitation in clause (i) shall apply
with respect to the partnership and with
respect to each partner. A similar rule shall
apply in the case of an S corporation and its
shareholders.
``(iv) Controlled group defined.--For
purposes of clause (ii), the term `controlled
group' has the meaning given such term by
section 1563(a), except that `more than 50
percent' shall be substituted for `at least 80
percent' each place it appears in section
1563(a)(1).
``(3) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this subsection.
``(4) Definitions.--For purposes of this subsection--
``(A) Qualified recycling property.--The term
`qualified recycling property' means equipment used
exclusively to collect, distribute, or sort used
ferrous or nonferrous metals. The term does not include
equipment used to collect, distribute, or sort precious
metals such as gold, silver, or platinum unless such
use is coincidental to the collection, distribution, or
sorting of other used ferrous or nonferrous metals.
``(B) Qualified remanufacturing property.--The term
`qualified remanufacturing property' means equipment
used primarily by the taxpayer in the business of
rebuilding or remanufacturing a used product or part,
but only if--
``(i) the rebuilt or remanufactured product
or part includes 50 percent or less virgin
material, and
``(ii) the equipment is not used primarily
in a process occurring after the product or
part is rebuilt or remanufactured.
``(5) Coordination with rehabilitation and energy
credits.--For purposes of this section--
``(A) the basis of any qualified reclamation
property shall be reduced by that portion of the basis
of any property which is attributable to qualified
rehabilitation expenditures (as defined in section
47(c)(2)) or to the energy percentage of energy
property (as determined under section 48(a)), and
``(B) expenditures taken into account under either
section 47 or 48(a) shall not be taken into account
under this section.''.
(c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c)
of such Code (relating to basis adjustment to investment credit
property) is amended by striking ``energy credit or reforestation
credit'' and inserting ``energy credit, reforestation credit, or
reclamation credit''.
(d) Clerical Amendments.--
(1) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; RECLAMATION CREDIT.''
(2) The item relating to section 48 in the table of
sections for subpart E of part IV of subchapter A of chapter 1
of such Code is amended to read as follows:
``Sec. 48. Energy credit; reforestation
credit; reclamation credit.''
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2002. | Amends the Internal Revenue Code to allow businesses a limited reclamation credit of 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. Defines qualified reclamation property as, among other things, qualified recycling property or qualified remanufacturing property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment."} | 1,316 | 64 | 0.581317 | 1.349439 | 1.072259 | 3.77551 | 23.510204 | 0.877551 |
SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY MEMBERS OF
THE ARMED FORCES WHO ARE CONFINED PENDING DISHONORABLE
DISCHARGE.
(a) Revision of Prohibition.--
(1) In general.--Section 804 of title 37, United States
Code, is amended to read as follows:
``Sec. 804. Prohibition on accrual of pay and allowances during
confinement pending dishonorable discharge
``(a) Pay and Allowances Not To Accrue.--A member of the Armed
Forces sentenced by a court-martial to a dishonorable discharge is not
entitled to pay and allowances for any period during which the member
is in confinement after the adjournment of the court-martial that
adjudged the sentence.
``(b) Restoration of Entitlement.--If a sentence of a member of the
Armed Forces to dishonorable discharge is disapproved, mitigated,
changed, or set aside by an official authorized to do so, the
prohibition in subsection (a) shall cease to apply to the member on the
basis of that sentence. In such cases, the member shall be entitled to
receive the pay and allowances retroactive to the date of the
sentence.''.
(2) Clerical amendment.--The item relating to section 804
in the table of sections at the beginning of chapter 15 of
title 37, United States Code, is amended to read as follows:
``804. Prohibition on accrual of pay and allowances during confinement
pending dishonorable discharge.''.
(b) Prospective Applicability.--The amendment made by subsection
(a)(1) shall not apply to pay periods beginning before the date of
enactment of this Act.
SEC. 2. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY
PERSONS ACCOMPANYING THE ARMED FORCES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 211 the following new chapter:
``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec.
``3261. Criminal offenses committed by persons formerly serving with,
or presently employed by or accompanying,
the Armed Forces outside the United States.
``3262. Delivery to authorities of foreign countries.
``3263. Regulations.
``3264. Definitions for chapter.
``Sec. 3261. Criminal offenses committed by persons formerly serving
with, or presently employed by or accompanying, the Armed
Forces outside the United States
``(a) In General.--Whoever, while serving with, employed by, or
accompanying the Armed Forces outside of the United States, engages in
conduct that would constitute an offense punishable by imprisonment for
more than 1 year if the conduct had been engaged in within the special
maritime and territorial jurisdiction of the United States, shall be
guilty of a like offense and subject to a like punishment.
``(b) Concurrent Jurisdiction.--Nothing contained in this chapter
deprives courts-martial, military commissions, provost courts, or other
military tribunals of concurrent jurisdiction with respect to offenders
or offenses that by statute or by the law of war may be tried by
courts-martial, military commissions, provost courts, or other military
tribunals.
``(c) Action by Foreign Government.--No prosecution may be
commenced under this section if a foreign government, in accordance
with jurisdiction recognized by the United States, has prosecuted or is
prosecuting such person for the conduct constituting such offense,
except upon the approval of the Attorney General of the United States
or the Deputy Attorney General of the United States (or a person acting
in either such capacity), which function of approval shall not be
delegated.
``(d) Arrests.--
``(1) Law enforcement personnel.--The Secretary of Defense
may designate and authorize any person serving in a law
enforcement position in the Department of Defense to arrest
outside of the United States any person described in subsection
(a) if there is probable cause to believe that such person
engaged in conduct which constitutes a criminal offense under
subsection (a).
``(2) Release to civilian law enforcement.--A person
arrested under paragraph (1) shall be released to the custody
of civilian law enforcement authorities of the United States
for removal to the United States for judicial proceedings in
relation to conduct referred to in such paragraph unless--
``(A) such person is delivered to authorities of a
foreign country under section 3262; or
``(B) such person has had charges brought against
him or her under chapter 47 of title 10 for such
conduct.
``Sec. 3262. Delivery to authorities of foreign countries
``(a) In General.--Any person designated and authorized under
section 3261(d) may deliver a person described in section 3261(a) to
the appropriate authorities of a foreign country in which the person is
alleged to have engaged in conduct described in subsection (a) if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) Determination by the Secretary.--The Secretary of Defense
shall determine which officials of a foreign country constitute
appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
``The Secretary of Defense shall issue regulations governing the
apprehension, detention, and removal of persons under this chapter.
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
``As used in this chapter--
``(1) the term `Armed Forces' has the same meaning as in
section 101(a)(4) of title 10;
``(2) a person is `employed by the Armed Forces outside of
the United States' if the person--
``(A) is employed as a civilian employee of the
Department of Defense, as a Department of Defense
contractor, or as an employee of a Department of
Defense contractor;
``(B) is present or residing outside of the United
States in connection with such employment; and
``(C) is not a national of the host nation; and
``(3) a person is `accompanying the Armed Forces outside of
the United States' if the person--
``(A) is a dependent of a member of the armed
forces;
``(B) is a dependent of a civilian employee of the
Department of Defense; and
``(C) is residing with the member or civilian
employee outside of the United States.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part II of title 18, United States Code, is amended by inserting after
the item relating to chapter 211 the following:
``212. Criminal Offenses Committed Outside the United States 3261''.
SEC. 3. MILITARY JUSTICE ACTIONS.
(a) Definition.--For purposes of this section, the term
``Director'' means the Director of the Federal Bureau of Investigation.
(b) Records of Military Justice Actions.--At the time that a member
of the Armed Forces is discharged from a period of service in the Armed
Forces or is released from a period of active duty service in the Armed
Forces, the Secretary of the military department having jurisdiction of
the armed force of the member shall transmit to the Director a copy of
records of any penal actions taken against the member under chapter 47
of title 10, United States Code (the Uniform Code of Military Justice),
during that period.
(c) DNA Analysis.--
(1) Samples required.--Any person who is convicted of a
crime of a sexual nature under the Uniform Code of Military
Justice shall, prior to military discharge, transmit to the
Secretary of the military department having jurisdiction of the
armed force of the member, a sample of blood, saliva, or other
specimen collected from that person necessary to conduct DNA
analysis consistent with established procedures for DNA testing
by the Director.
(2) Transmission to fbi.--Each sample transmitted under
paragraph (1) shall be transmitted by the Secretary described
in that paragraph in a timely manner to the Director for
inclusion in the Combined DNA Identification System (CODIS) of
the Federal Bureau of Investigation. | Revises Federal law regarding pay and allowances of the uniformed services to provide that a member of the U.S. armed forces sentenced by a court-martial to a dishonorable discharge is not entitled to pay and allowances for any period of confinement after the adjournment of the court-martial. Specifies that if such sentence is disapproved, mitigated, changed, or set aside by an authorized official, such prohibition shall cease to apply to the member on the basis of that sentence, and the member shall be entitled to receive pay and allowances retroactive to the date of the sentence.
Amends the Federal criminal code to provide that whoever, while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than one year if such conduct had occurred within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. Sets forth provisions regarding concurrent jurisdiction, action by foreign governments, and arrests. Authorizes the delivery to authorities of foreign countries of persons alleged to have engaged in such conduct under specified circumstances.
Directs the Secretary of the military department having jurisdiction of the armed force of a member, at the time such member is discharged or released, to transmit to the Director of the Federal Bureau of Investigation (FBI) a copy of records of any penal actions taken against the member under the Uniform Code of Military Justice.
Requires: (1) any person convicted of a crime of a sexual nature under the Code, prior to military discharge, to transmit to such Secretary a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis; and (2) each sample to be transmitted in a timely manner to the Director for inclusion in the FBI's Combined DNA Identification System. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to set forth the civil jurisdiction of the United States for crimes committed by persons accompanying the Armed Forces outside of the United States, and for other purposes."} | 1,945 | 414 | 0.583138 | 1.845227 | 0.709682 | 5.638122 | 4.685083 | 0.925414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girls Count Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United States Census Bureau's 2014
international figures, 1 person in 8--or 12 percent of the
total population of the world--is a girl or young woman age 10
through 24.
(2) The Census Bureau's data also asserts that young people
are the fastest growing segment of the population in developing
countries.
(3) Even though most countries have birth registration
laws, every year 51,000,000 children under age 5 are not
registered at birth, most of whom are girls.
(4) A nationally recognized proof of birth system is the
key to determining a child's citizenship, nationality, place of
birth, parentage, and age. Without such a system, a passport,
drivers license, or national identification card is extremely
difficult to obtain. The lack of such documentation prevents
girls and women from officially participating in and
benefitting from the formal economic, legal, and political
sectors in their countries.
(5) Without the ability to gain employment and
identification necessary to officially participate in these
sectors, women and girls are confined to the home and remain
unpaid and often-invisible members of society.
(6) Girls undertake much of the domestic labor needed for
poor families to survive: carrying water, harvesting crops,
tending livestock, caring for younger children, and doing
chores.
(7) Accurate assessments of access to education, poverty
levels, and overall census activities are hampered by the lack
of official information on women and girls. Without this
rudimentary information, assessments of foreign assistance and
domestic social welfare programs cannot be accurately gauged.
(8) To ensure that women and girls are fully integrated
into United States foreign assistance policies and programs,
that the specific needs of girls are, to the maximum extent
possible, addressed in the design, implementation, and
evaluation of development assistance programs, and that women
and girls have the power to effect the decisions that affect
their lives, all girls should be counted and have access to
birth certificates and other official documentation.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) encourage countries to uphold the Universal Declaration
of Human Rights and enact laws that ensure girls and boys of
all ages are full participants in society, including requiring
birth certifications and some type of national identity card to
ensure that all citizens, including girls, are counted;
(2) enhance training and capacity-building in developing
countries, local nongovernmental organizations, and other civil
society organizations to effectively address the needs of birth
registries in countries where girls are undercounted;
(3) include organizations representing children and
families in the design, implementation, and monitoring of
programs under this Act; and
(4) incorporate into the design, implementation, and
evaluation of policies and programs at all levels an
understanding of the distinctive impact that such policies and
programs may have on girls.
SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE
DEVELOPING WORLD.
(a) Authorization.--The Secretary and the Administrator are
authorized to--
(1) support programs that will contribute to improved and
sustainable Civil Registration and Vital Statistics Systems
(CRVS) with a focus on birth registration as the first and most
important life event to be registered;
(2) promote programs that build the capacity of developing
countries' national and local legal and policy frameworks to
prevent discrimination against girls;
(3) support programs to help increase property rights,
social security, home ownership, land tenure security, and
inheritance rights for women; and
(4) assist key ministries in the governments of developing
countries, including health, interior, youth, and education
ministries, to ensure that girls from poor households obtain
equitable access to social programs.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator shall coordinate with the World Bank, relevant
United Nations agencies and programs, and other relevant organizations
to urge and work with countries to enact, implement, and enforce laws
that specifically collect data on girls and establish registration and
identification laws to ensure girls are active participants in the
social, economic, legal and political sectors of society in their
countries.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator should work with
United States, international, and local private sector and civil
society organizations to advocate for the registration and
documentation of all girls and boys in developing countries to prevent
exploitation, violence, and other abuses.
SEC. 5. REPORT.
The Secretary and the Administrator shall include in all relevant
congressionally mandated reports and documents the following
information:
(1) To the extent possible, United States foreign
assistance and development assistance beneficiaries by age,
gender, marital status, location, and school enrollment status
in all programs and sectors.
(2) A description of how United States foreign assistance
and development assistance benefits girls.
(3) Information on programs that address the particular
needs of girls.
SEC. 6. OFFSET.
Of the amounts authorized to be appropriated for United States
foreign assistance programs of a Federal department or agency that
administers such programs for a fiscal year, up to 5 percent of such
amounts are authorized to be appropriated to carry out this Act for
such fiscal year.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Development assistance.--The term ``development
assistance'' means--
(A) assistance under--
(i) chapter 1 of part 1 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.);
(ii) the Millennium Challenge Act of 2003
(22 U.S.C. 7701 et seq.);
(iii) the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(22 U.S.C. 7601 et seq.);
(iv) title V of the International Security
and Development Cooperation Act of 1980 (22
U.S.C. 290h et seq.; relating to the African
Development Foundation); and
(v) section 401 of the Foreign Assistance
Act of 1969 (22 U.S.C. 290f; relating to the
Inter-American Foundation);
(B) official development assistance under any
provision of law; and
(C) reconstruction assistance under any provision
of law.
(3) Foreign assistance.--The term ``foreign assistance''
means any tangible or intangible item provided by the United
States Government to a foreign country or international
organization under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or any other Act, including any training,
service, or technical advice, any item of real, personal, or
mixed property, any agricultural commodity, any gift, loan,
sale, credit, guarantee, or export subsidy, United States
dollars, and any currencies of any foreign country which are
owned by the United States Government.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 8. SUNSET.
This Act shall expire on the date that is 5 years after the date of
the enactment of this Act. | Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women. | {"src": "billsum_train", "title": "Girls Count Act of 2014"} | 1,571 | 102 | 0.504791 | 1.414211 | 0.804801 | 5.734043 | 16.244681 | 0.968085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hire Now Act of 2012''.
SEC. 2. TEMPORARY TAX CREDIT FOR INCREASED PAYROLL.
(a) In General.--In the case of a qualified employer who elects the
application of this section, there shall be allowed as a credit against
the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for
the taxable year which includes December 31, 2012, an amount equal to
10 percent of the excess (if any) of--
(1) the sum of the wages and compensation paid by such
qualified employer for qualified services during calendar year
2012, over
(2) the sum of such wages and compensation paid during
calendar year 2011.
(b) Limitation.--The amount of the excess taken into account under
subsection (a) with respect to any qualified employer shall not exceed
$5,000,000.
(c) Wages and Compensation.--For purposes of this section--
(1) Wages.--The term ``wages'' has the meaning given such
term under section 3121 of the Internal Revenue Code of 1986
for purposes of the tax imposed by section 3111(a) of such
Code.
(2) Compensation.--The term ``compensation'' has the
meaning given such term under section 3231 of such Code for
purposes of the portion of the tax imposed by section 3221(a)
of such Code that corresponds to the tax imposed by section
3111(a) of such Code.
(3) Application of contribution and benefit base to
calendar year 2011.--For purposes of determining wages and
compensation under subsection (a)(2), the contribution and
benefit base as determined under section 230 of the Social
Security Act shall be such amount as in effect for calendar
year 2012.
(4) Special rule when no wages or compensation in 2011.--In
any case in which the sum of the wages and compensation paid by
a qualified employer for qualified services during calendar
year 2011 is zero, then the amount taken into account under
subsection (a)(2) shall be 80 percent of the amount taken into
account under subsection (a)(1).
(5) Coordination with other employment credits.--The amount
of the excess taken into account under subsection (a) shall be
reduced by the sum of all other Federal tax credits determined
with respect to wages or compensation paid in calendar year
2012.
(d) Other Definitions.--
(1) Qualified employer.--For purposes of this section--
(A) In general.--The term ``qualified employer''
has the meaning given such term under section
3111(d)(2) of the Internal Revenue Code of 1986,
determined by substituting ``section 101 of the Higher
Education Act of 1965'' for ``section 101(b) of the
Higher Education Act of 1965'' in subparagraph (B)
thereof.
(B) Aggregation rules.--Rules similar to the rules
of sections 414(b), 414(c), 414(m), and 414(o) of such
Code shall apply to determine when multiple entities
shall be treated as a single employer, and rules with
respect to predecessor and successor employers may be
applied, in such manner as may be prescribed by the
Secretary of the Treasury or the Secretary's designee
(in this section referred to as the ``Secretary'').
(2) Qualified services.--The term ``qualified services''
means services performed by an individual who is not described
in section 51(i)(1) of such Code (applied by substituting
``qualified employer'' for ``taxpayer'' each place it
appears)--
(A) in a trade or business of the qualified
employer, or
(B) in the case of a qualified employer exempt from
tax under section 501(a) of such Code, in furtherance
of the activities related to the purpose or function
constituting the basis of the employer's exemption
under section 501 of such Code.
(e) Application of Certain Rules.--Rules similar to the rules of
sections 280C(a) and 6501(m) of the Internal Revenue Code of 1986 shall
apply with respect to the credit determined under this section.
(f) Treatment of Credit.--For purposes of the Internal Revenue Code
of 1986--
(1) Taxable employers.--
(A) In general.--The credit allowed under
subsection (a) with respect to qualified services
described in subsection (d)(2)(A) for any taxable year
shall be added to the current year business credit
under section 38(b) of such Code for such taxable year
and shall be treated as a credit allowed under subpart
D of part IV of subchapter A of chapter 1 of such Code.
(B) Limitation on carrybacks.--No portion of the
unused business credit under section 38 of such Code
for any taxable year which is attributable to an
increase in the current year business credit by reason
of subparagraph (A) may be carried to a taxable year
beginning before the date of the enactment of this
section.
(2) Tax-exempt employers.--
(A) In general.--The credit allowed under
subsection (a) with respect to qualified services
described in subsection (d)(2)(B) for any taxable
year--
(i) shall be treated as a credit allowed
under subpart C of part IV of subchapter A of
chapter 1 of such Code, and
(ii) shall be added to the credits
described in subparagraph (A) of section
6211(b)(4) of such Code.
(B) Conforming amendment.--Section 1324(b)(2) of
title 31, United States Code, is amended by inserting
``or due under section 2 of the Hire Now Act of 2012''
after ``the Housing Assistance Tax Act of 2008''.
(g) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possessions.--The Secretary shall
pay to each possession of the United States with a
mirror code tax system amounts equal to the loss to
that possession by reason of the application of
subsections (a) through (f). Such amounts shall be
determined by the Secretary based on information
provided by the government of the respective possession
of the United States.
(B) Other possessions.--The Secretary shall pay to
each possession of the United States which does not
have a mirror code tax system the amount estimated by
the Secretary as being equal to the loss to that
possession that would have occurred by reason of the
application of subsections (a) through (f) if a mirror
code tax system had been in effect in such possession.
The preceding sentence shall not apply with respect to
any possession of the United States unless such
possession establishes to the satisfaction of the
Secretary that the possession has implemented (or, at
the discretion of the Secretary, will implement) an
income tax benefit which is substantially equivalent to
the income tax credit allowed under such subsections.
(2) Coordination with credit allowed against united states
income taxes.--No increase in the credit determined under
section 38(b) of the Internal Revenue Code of 1986 against
United States income taxes for any taxable year determined by
reason of subsection (f)(1)(A) shall be taken into account with
respect to any person--
(A) to whom a credit is allowed against taxes
imposed by the possession by reason of this section for
such taxable year, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the United States
Virgin Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from credit provisions
described in such section.
(h) Regulations.--The Secretary shall prescribe such regulations or
guidance as are necessary to carry out the provisions of this section.
SEC. 3. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)(5)(B)) may not use the method provided in subsection
(b) in inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years ending after the date of the enactment
of this Act.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
ending after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 4. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT
COSTS OF MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years ending after the date of
the enactment of this Act. | Hire Now Act of 2012 - Amends the Internal Revenue Code to: (1) allow certain employers a tax credit for 10% of the excess (if any) of the wages and compensation paid to their employees in 2012 over the amount of such wages paid in 2011, up to a maximum amount of $5 million; (2) prohibit major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (3) deny major integrated oil companies a tax deduction for intangible drilling and development costs. | {"src": "billsum_train", "title": "To provide a temporary tax credit for increased payroll, to eliminate certain tax benefits for major integrated oil companies, and for other purposes."} | 2,356 | 108 | 0.504316 | 1.465102 | 0.280406 | 2.916667 | 19.537037 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DOD Cloud Security Act''.
SEC. 2. ASSESSMENT OF DEPARTMENT OF DEFENSE CLOUD SECURITY
REQUIREMENTS.
(a) Comptroller General Responsibilities.--The Comptroller General
of the United States shall--
(1) review and summarize the best practices relating to
cloud security by reviewing the practices of other Federal
departments and agencies and commercial cloud providers;
(2) assess the cloud capacity of the Department of Defense
and such other departments and agencies by assessing how and to
what extent the Department has adopted commercial cloud; and
(3) assess the opportunities for the Department to utilize
cloud computing in lieu of or in addition to conventional
computing.
(b) Chief Information Officer Responsibilities.--The Chief
Information Officer of the Department of Defense shall--
(1) determine the security requirements that are necessary
for any cloud service to store Department of Defense
information, including--
(A) by individually detailing security requirements
for each Department of Defense impact level and
security classification level; and
(B) by providing a justification to the Committees
on Armed Services of the Senate and House of
Representatives for any discrepancy between security
requirements for different provider types;
(2) conduct a threat-based assessment of whether security
controls resident in commercial cloud services and the cloud
services of other Federal departments and agencies meet the
security requirements determined under paragraph (2),
including--
(A) by determining what services can and cannot be
provided by commercial cloud vendors, based on such
security requirements;
(B) by providing justification for why such
determinations were made by citing, as appropriate,
industry responses to requests for information and
capability statement that confirm the conclusions of
the Department of Defense; and
(C) by requesting that commercial vendors submit
their plans for how they can adapt their systems to the
unique and dynamic cyber defense requirements of the
Department of Defense;
(3) require any government-owned, operated, or unique
system that is or will be designed to provide cloud
capabilities for the Department of Defense to be certified and
accredited through the same process, and to the same standards,
that is used to certify and accredit commercial service
providers; and
(4) ensure that, as part of any Department of Defense pilot
demonstrations with commercial cloud vendors--
(A) an analysis is conducted of--
(i) requiring the Defense Information
Systems Agency to work with commercial service
providers to extend the Department of Defense
Information Network to commercial service
providers that are issued provisional authority
to operate for Department of Defense impact
levels 1 and 2 in order to leverage the
commercial service providers for secure
connections to the Department of Defense
Information Network;
(ii) the benefits and challenges relating
to how the secure connections would be enabled
and delivered as a service by the DISA cloud
broker to the commercial service providers who
have achieved provisional authority to operate
for Department of Defense impact levels 1 and
2;
(iii) requiring the Defense Information
Systems Agency to address the ability of
commercial service providers to provide service
for Department of Defense impact levels 3
through 5 using logical separation;
(iv) the ability of commercial service
providers to provide innovative solutions to
the separation of customer data and supporting
resources that do not rely on physical
separation;
(v) the benefits and challenges regarding
the consideration of such solutions for
equivalence to physical separation; and
(vi) the benefits and challenges of hybrid
solutions for providing cloud services; and
(B) the Chief Information Officer provides to the
Committees on Armed Services of the Senate and House of
Representatives a briefing on the matters referred to
in subparagraph (A) by not later than 30 days after the
conclusion of such pilot demonstration. | DOD Cloud Security Act - Directs the Comptroller General to: (1) review and summarize the best practices relating to cloud security by reviewing the practices of other federal agencies and commercial cloud providers, (2) assess the cloud capacity of the Department of Defense (DOD) and other departments by assessing how and to what extent DOD has adopted commercial cloud practices, and (3) assess the opportunities for DOD to utilize cloud computing in lieu of or in addition to conventional computing. Requires the Chief Information Officer of DOD to: (1) determine the security requirements that are necessary for any cloud service to store DOD information; (2) conduct a threat-based assessment of whether security controls resident in commercial cloud services and the cloud services of other federal agencies meet DOD's security requirements; (3) require any government-owned, operated, or unique system that is or will be designed to provide cloud capabilities for DOD to be certified and accredited through the same process used for commercial service providers; (4) ensure that, as part of any DOD pilot demonstrations with commercial cloud vendors, an analysis is conducted of the Defense Information Systems Agency working with commercial service providers operating for DOD; and (5) ensure that a briefing is provided to specified congressional committees within 30 days after the conclusion of such pilot demonstrations. | {"src": "billsum_train", "title": "DOD Cloud Security Act"} | 786 | 269 | 0.816407 | 2.537046 | 1.007116 | 6.160784 | 3.07451 | 0.960784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Promotion Program Improvement
Act of 1993''.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Declaration of Policy.--The first sentence of section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is
amended--
(1) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(2) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(b) Definitions.--Section 111 of such Act (7 U.S.C. 4502) is
amended--
(1) by striking ``and'' at the end of subsection (k);
(2) by striking the period at the end of subsection (l) and
inserting a semicolon; and
(3) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream
and fresh and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products,
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(c) Funding.--
(1) Representation on board.--Section 113(b) of such Act (7
U.S.C. 4504(b)) is amended--
(A) by designating the first through ninth
sentences as paragraphs (1) through (5) and paragraphs
(7) through (10), respectively;
(B) in paragraph (1) (as so designated), by
striking ``thirty-six'' and inserting ``38'';
(C) in paragraph (2) (as so designated), by
striking ``Members'' and inserting ``Of the members of
the Board, 36 members''; and
(D) by inserting after paragraph (5) (as so
designated) the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The importer
representatives shall be appointed by the Secretary from nominations
submitted by importers under such procedures as the Secretary
determines to be appropriate.''.
(2) Assessment.--Section 113(g) of such Act is amended--
(A) by designating the first through fifth
sentences as paragraphs (1) through (5), respectively;
and
(B) by adding at the end the following new
paragraph:
``(6)(A) The order shall provide that each importer of imported
dairy products shall pay an assessment to the Board in the manner
prescribed by the order.
``(B) The rate of assessment on imported dairy products shall be
determined in the same manner as the rate of assessment per
hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on imports
under subparagraph (B), the value to be placed on imported dairy
products shall be established by the Secretary in a fair and equitable
manner.''.
(3) Records.--The first sentence of section 113(k) of such
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person''.
(4) Referendum.--Section 116 of such Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group comprising 10
percent or more of the number of producers subject to the order, the
Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the amendments
made by section 2 of the Dairy Promotion Program Improvement
Act of 1993; and
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the Secretary
determines that suspension of the application of the amendments is
favored by a majority of the producers voting in the referendum who,
during a representative period (as determined by the Secretary), have
been engaged in the production of milk for commercial use.''.
SEC. 3. TERMINATION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 116 of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4507) (as amended by section 2(c)(4)) is further amended by
adding at the end the following new subsection:
``(e)(1) On December 31, 1996, the Secretary shall terminate the
order issued under this Act (including the collection of assessments
under the order).
``(2) As soon as practicable after the date referred to in
paragraph (1), the Secretary shall terminate activities under the order
in an orderly manner.''.
SEC. 4. PROHIBITION ON BLOC VOTING.
Section 117 of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4508) is amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences. | Dairy Promotion Program Improvement Act of 1993 - Amends the Dairy Production Stabilization Act of 1983 to increase the membership of the National Dairy Promotion and Research Board (the Board) by two members who shall be representatives of dairy product importers.
Requires dairy product importers to pay an assessment to the Board.
Prescribes guidelines under which the Secretary of Agriculture shall conduct a referendum in connection with this Act.
Sets a termination date for the assessment orders for dairy product importers.
Prohibits the Secretary, when required to determine the approval or disapproval of individual producers, from considering the bloc-voted approval or disapproval of any cooperative association of producers. | {"src": "billsum_train", "title": "Dairy Promotion Program Improvement Act of 1993"} | 1,222 | 149 | 0.509562 | 1.288158 | 0.632843 | 1.894309 | 9.113821 | 0.788618 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required to be submitted
to either House of Congress or any committee of
Congress, or subcommittee thereof, by a statute,
resolution, or conference report that accompanies
legislation enacted into law; and
(B) does not include a report required under part B
of subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
(4) Open format.--The term ``open format'' means a file
format for storing digital data based on an underlying open
standard that--
(A) is not encumbered by any restrictions that
would impede reuse; and
(B) is based on an underlying open data standard
that is maintained by a standards organization.
(5) Reports website.--The term ``reports website'' means
the website established under section (3)(a).
SEC. 3. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Website.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain a website accessible by the public that allows the
public to obtain electronic copies of all congressionally
mandated reports in one place. The Director may publish other
reports on the website.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing websites and functionality under the authority
of the Director.
(3) Consultation.--In carrying out this Act, the Director
shall consult with the Clerk of the House of Representatives,
the Secretary of the Senate, and the Librarian of Congress
regarding the requirements for and maintenance of
congressionally mandated reports on the reports website.
(b) Content and Function.--The Director shall ensure that the
reports website includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute, conference report,
or resolution requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) The statute, resolution, or conference
report requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for
the report that is consistent across report
editions.
(viii) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information
specified by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to
the reports website.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports website each congressionally mandated
report of the agency, as required by section 4.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports website--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection
(b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that is not in an
open format, the Director shall include the congressionally
mandated report in another format on the reports website.
(d) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports website.
(e) Upgrade Capability.--The reports website shall be enhanced and
updated as necessary to carry out the purposes of this Act.
SEC. 4. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Concurrently with
the submission to Congress of each congressionally mandated report, the
head of the Federal agency submitting the congressionally mandated
report shall submit to the Director the information required under
subparagraphs (A) through (D) of section 3(b)(1) with respect to the
congressionally mandated report. Nothing in this Act shall relieve a
Federal agency of any other requirement to publish the congressionally
mandated report on the website of the Federal agency or otherwise
submit the congressionally mandated report to Congress or specific
committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this Act.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the open format criteria established by
the Director in the guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated report.
(e) List of Reports.--As soon as practicable each calendar year
(but not later than April 1), and on a rolling basis during the year if
feasible, the Librarian of Congress shall submit to the Director a list
of congressionally mandated reports from the previous calendar year, in
consultation with the Clerk of the House of Representatives, which
shall--
(1) be provided in an open format;
(2) include the information required under clauses (i),
(ii), (iv), (v) of section 3(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.
SEC. 5. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the reports website may only
be changed or removed, with the exception of technical changes, by the
head of the Federal agency concerned if--
(1) the head of the Federal agency consults with each
congressional committee to which the report is submitted; and
(2) Congress enacts a joint resolution authorizing the
changing or removal of the report.
SEC. 6. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this Act shall be construed to require
the disclosure of information or records that are exempt from public
disclosure under section 552 of title 5, United States Code, or to
impose any affirmative duty on the Director to review congressionally
mandated reports submitted for publication to the reports website for
the purpose of identifying and redacting such information or records.
(b) Redaction of Report.--With respect to each congressionally
mandated report, the head of each relevant Federal agency shall redact
any information that may not be publicly released under section 552(b)
of title 5, United States Code, before submission for publication on
the reports website, and shall--
(1) redact only such information from the report;
(2) identify where any such redaction is made in the
report; and
(3) identify the exemption under which each such redaction
is made.
(c) Withholding Information.--
(1) In general.--A Federal agency--
(A) may withhold information otherwise required to
be disclosed under this Act only if--
(i) the Federal agency reasonably foresees
that disclosure would harm an interest
protected by an exemption described in section
552(b) of title 5, United States Code; or
(ii) disclosure is prohibited by law; and
(B) shall--
(i) consider whether partial disclosure of
information otherwise required to be disclosed
under this Act is possible whenever the Federal
agency determines that a full disclosure of the
information is not possible; and
(ii) take reasonable steps necessary to
segregate and release nonexempt information.
(2) Rule of construction.--Nothing in this subsection
requires disclosure of information that is otherwise prohibited
from disclosure by law, or otherwise exempted from disclosure
under section 552(b)(3) of title 5, United States Code.
SEC. 7. IMPLEMENTATION.
Except as provided in section 4(c), this Act shall be implemented
not later than 1 year after the date of enactment of this Act and shall
apply with respect to congressionally mandated reports submitted to
Congress on or after the date that is 1 year after such date of
enactment. | Access to Congressionally Mandated Reports Act This bill requires the Government Publishing Office (GPO) to establish and maintain a publicly available website containing copies of all congressionally mandated reports. The website must feature, in addition to certain descriptive information related to such reports: (1) the ability to retrieve a report through specified types of searches; (2) a means for downloading reports individually or in bulk; (3) an electronic means for federal agencies to submit reports to the GPO, as required by the bill; and (4) in tabular form, a list of all reports that can be searched and sorted by time frame or submission status. The Office of Management and Budget must issue guidance to federal agencies on the bill's requirement for agencies to submit copies of congressionally mandated reports and related information to the GPO. With respect to each report, the relevant federal agency may redact or withhold certain information in accordance with the Freedom of Information Act and other laws. At least annually by April 1, the Library of Congress must submit to the GPO a list of all congressionally mandated reports from the previous year. The list shall be provided in an open format and must include specified identifying and otherwise descriptive information. | {"src": "billsum_train", "title": "Access to Congressionally Mandated Reports Act"} | 2,304 | 264 | 0.607389 | 1.711368 | 0.759167 | 2.606987 | 9.30131 | 0.860262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Florida Keys Water Quality
Improvements Act of 1998''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Florida Keys are a chain of islands located
adjacent to spectacular, unique, and nationally significant
marine environments, including North America's only living
coral barrier reef ecosystem.
(2) Recognizing the national significance of the Florida
Keys marine environment and the compelling national interest in
the protection of these resources, Congress passed the Florida
Keys National Marine Sanctuary and Protection Act (104 Stat.
3089-3095) designating the Florida Keys National Marine
Sanctuary.
(3) Section 8(a)(1) of such Act directed the Administrator
and the Governor of the State of Florida, in consultation with
the Secretary of Commerce, to develop a comprehensive water
quality protection program for the Sanctuary.
(4) Section 8(a)(1)(A) of such Act states that a purpose of
such water quality program is to recommend priority corrective
actions and compliance schedules addressing point and nonpoint
sources of pollution to restore and maintain the chemical,
physical, and biological integrity of the Sanctuary, including
restoration and maintenance of a balanced, indigenous
population of corals, shellfish, fish and wildlife, and
recreational activities in and on the water.
(5) Section 8(d)(2)(A) of such Act provided for the
establishment of the Water Quality Steering Committee that is
co-chaired by the Regional Administrator of the Environmental
Protection Agency and a representative of the State of Florida
to set guidance and policy for the development and
implementation of water quality improvement projects.
(6) Section 8(d)(2)(C) of such Act provided for the
establishment of a Technical Advisory Committee comprised of
scientists from Federal agencies, State agencies, academic
institutions, private nonprofit organizations, and
knowledgeable citizens to advise the Water Quality Steering
Committee.
(7) Section 8(a)(1)(B) of such Act states that another
purpose of the water quality protection program is to assign
responsibilities for the implementation of the program among
the Governor of the State of Florida, the Secretary of
Commerce, and the Administrator in accordance with applicable
Federal and State laws.
(8) Dilapidated and inadequate wastewater treatment systems
and inadequate stormwater management systems are the largest
manmade sources of pollution to the nearshore waters of the
Florida Key's, representing the greatest threat to their
nationally significant marine resources.
(9) The United States Environmental Protection Agency,
other Federal, State, and local agencies and citizen
stakeholders have identified wastewater infrastructure
improvements as the single most important investment to improve
nearshore water quality around the Florida Keys. Improvement of
stormwater management in the area of the Florida keys is also
needed to reduce pollutant loadings from largely uncontrolled
stormwater runoff from existing development.
(10) The cost of wastewater improvements necessary to
improve nearshore water quality around the Florida Keys is
estimated at between $184,000,000 and $418,000,000, depending
on the percentage reduction in wastewater nutrient loadings to
be achieved and which treatment system or systems are
ultimately selected.
(11) The cost of stormwater improvements necessary to
reduce such pollutant loadings is estimated at between
$370,000,000 and $680,000,000, depending on the percentage
reduction in stormwater pollutant loadings to be achieved and
which areas are selected to be retrofitted.
(12) The cost of these necessary improvements represent an
insurmountable burden to the 85,000 permanent residents of
Monroe County, Florida.
(13) It is necessary to change Federal law in order to
carry out the Federal responsibilities identified under section
8(a)(1)(B) of the Florida Keys National Marine Sanctuary and
Protection Act.
(14) It is therefore entirely consistent with the goals and
policies of such Act that Congress authorize appropriations to
supplement State and local initiatives to improve water quality
in the Florida Keys marine environment.
SEC. 3. PURPOSE.
The purpose of this Act is to protect the resources of the Florida
Keys National Marine Sanctuary (as designated by section 5 of the
Florida Keys National Marine Sanctuary and Protection Act) by providing
the Federal share of funds for projects to replace inadequate
wastewater treatment systems and inadequate stormwater management
systems in Monroe County, Florida. Funds authorized by this Act are to
supplement funds committed by the State of Florida and Monroe County,
Florida, for planning and construction of wastewater and stormwater
projects.
SEC. 4. NON-FEDERAL SPONSOR.
To carry out this Act, the Administrator shall make grants to the
Florida Keys Aqueduct Authority, or, in the judgment of the
Administrator, other appropriate agencies of the State of Florida or
Monroe County, Florida.
SEC. 5. AUTHORIZED PROJECTS.
(a) Project Criteria.--Projects eligible for funding through grants
under this Act are those that, in the judgment of the Administrator--
(1)(A) replace inadequate wastewater treatment systems in
Monroe County, Florida, including cesspits and other inadequate
onsite disposal systems; or
(B) establish, replace, or improve stormwater management
systems in Monroe County, Florida;
(2) will improve water quality in the Florida Keys National
Marine Sanctuary; and
(3) are consistent with--
(A) applicable growth management ordinances of
Monroe County, Florida;
(B) applicable agreements between Monroe County,
Florida, and the State of Florida to manage growth in
Monroe County, Florida;
(C) the guidance, policies, and resolutions of the
Water Quality Steering Committee;
(D) the South Florida Ecosystem Restoration Task
Force established by section 528(f) of the Water
Resources Development Act of 1996 (110 Stat. 3771-
3773), and the Governors Commission for a Sustainable
South Florida established by executive order of the
Governor of the State of Florida; and
(E) applicable water quality standards established
by the Environmental Protection Agency.
(b) Project Designs.--
(1) Wastewater projects.--Wastewater treatment projects
eligible for funding under this Act may include centralized
treatment facilities, onsite disposal systems, mobile pumpout
facilities, and land-based pumpout facilities.
(2) Stormwater projects.--Stormwater projects eligible for
funding under this Act may include stormwater systems utilizing
the best available technology approved by the appropriate
permitting agency.
SEC. 6. COST-SHARE REQUIREMENT AND VIABILITY ASSESSMENT.
The Administrator may grant for a project authorized under this Act
only if--
(1) no less than 25 percent of the total project cost will
be provided by non-Federal interests;
(2) the non-Federal sponsor has completed--
(A) adequate project planning and design
activities;
(B) a financial plan identifying sources of non-
Federal funding for the project; and
(C) a complete assessment of project compliance
with--
(i) the adopted master wastewater or
stormwater plans for Monroe County, Florida;
(ii) applicable growth management
ordinances of Monroe County, Florida;
(iii) applicable Florida State laws,
regulations, and policies; and
(iv) applicable agreements between Monroe
County and the State of Florida to manage
growth in Monroe County; and
(3) the project will have substantial water quality
benefits relative to other projects that are under
consideration.
SEC. 7. CONSULTATION.
In the implementation of this Act, the Administrator shall consult
the Water Quality Steering Committee and the appropriate State and
local government officials.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator to
carry out this Act $32,000,000 for the first fiscal year beginning
after the date of the enactment of this Act, $31,000,000 for the second
fiscal year beginning after such date of enactment, and $50,000,000 per
fiscal year for each of the third, fourth, and fifth fiscal years
beginning after such date of enactment of this Act. Such funds shall
remain available until expended.
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Water quality steering committee.--The term ``Water
Quality Steering Committee'' means the water quality protection
program Steering Committee established under section 8(d)(2)(A)
of the Florida Keys National Marine Sanctuary and Protection
Act. | Florida Keys Water Quality Improvements Act of 1998 - Directs the Administrator of the Environmental Protection Agency to make grants to the Florida Keys Aqueduct Authority or other appropriate agencies of the State of Florida or Monroe County, Florida.
Makes eligible for such grants projects to: (1) replace inadequate wastewater treatment systems in the County; (2) establish, replace, or improve stormwater management systems in the County; or (3) improve water quality in the Florida Keys National Marine Sanctuary. Requires such grants to be consistent with specified growth management ordinances and agreements, policies of the Water Quality Steering Committee, and Federal water quality standards.
Sets forth conditions on grants, including non-Federal cost share and planning and assessment requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Florida Keys Water Quality Improvements Act of 1998"} | 1,762 | 160 | 0.524168 | 1.48345 | 0.678337 | 3.636986 | 11.479452 | 0.924658 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Freedom Act of 1995''.
SEC. 2. REDUCTION IN TARGET PRICES AND TERMINATION OF DEFICIENCY
PAYMENTS AND MARKETING LOANS FOR WHEAT, FEED GRAINS,
RICE, AND COTTON.
(a) Wheat.--
(1) Reduction in target prices.--In the case of any price
support program for wheat administered by the Secretary of
Agriculture, the established price for wheat for a crop year
shall not exceed--
(A) for the 1996 crop of wheat, $3.84 per bushel;
and
(B) for the 1997 through 2000 crops of wheat, an
amount that is four percent less than the established
price for wheat for the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of wheat, the Secretary of
Agriculture shall not make deficiency payments available to
producers of wheat or permit producers to repay a price support
loan at a rate below the original loan rate.
(b) Corn.--
(1) Reduction in target prices.--In the case of any price
support program for corn administered by the Secretary of
Agriculture, the established price for corn for a crop year
shall not exceed--
(A) for the 1996 crop of corn, $2.64 per bushel;
and
(B) for the 1997 through 2000 crops of corn, an
amount that is four percent less than the established
price for corn for the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of corn, the Secretary of Agriculture
shall not make deficiency payments available to producers of
corn or permit producers to repay a price support loan at a
rate below the original loan rate.
(c) Oats.--
(1) Reduction in target prices.--In the case of any price
support program for oats administered by the Secretary of
Agriculture, the established price for oats for a crop year
shall not exceed--
(A) for the 1996 crop of oats, $1.39 per bushel;
and
(B) for the 1997 through 2000 crops of oats, an
amount that is four percent less than the established
price for oats for the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of oats, the Secretary of Agriculture
shall not make deficiency payments available to producers of
oats or permit producers to repay a price support loan at a
rate below the original loan rate.
(d) Grain Sorghums.--
(1) Reduction in target prices.--In the case of any price
support program for grain sorghums administered by the
Secretary of Agriculture, the established price for grain
sorghums for a crop year shall not exceed--
(A) for the 1996 crop of grain sorghums, $2.51 per
bushel; and
(B) for the 1997 through 2000 crops of grain
sorghums, an amount that is four percent less than the
established price for grain sorghums for the preceding
crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of grain sorghums, the Secretary of
Agriculture shall not make deficiency payments available to
producers of grain sorghums or permit producers to repay a
price support loan at a rate below the original loan rate.
(e) Barley.--
(1) Reduction in target prices.--In the case of any price
support program for barley administered by the Secretary of
Agriculture, the established price for barley for a crop year
shall not exceed--
(A) for the 1996 crop of barley, $2.27 per bushel;
and
(B) for the 1997 through 2000 crops of barley, an
amount that is four percent less than the established
price for barley for the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of barley, the Secretary of
Agriculture shall not make deficiency payments available to
producers of barley or permit producers to repay a price
support loan at a rate below the original loan rate.
(f) Rice.--
(1) Reduction in target prices.--In the case of any price
support program for rice administered by the Secretary of
Agriculture, the established price for rice for a crop year
shall not exceed--
(A) for the 1996 crop of rice, $10.28 per
hundredweight; and
(B) for the 1997 through 2000 crops of rice, an
amount that is four percent less than the established
price for rice for the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of rice, the Secretary of Agriculture
shall not make deficiency payments available to producers of
rice or permit producers to repay a price support loan at a
rate below the original loan rate.
(g) Upland Cotton.--
(1) Reduction in target prices.--In the case of any price
support program for upland cotton administered by the Secretary
of Agriculture, the established price for upland cotton for a
crop year shall not exceed--
(A) for the 1996 crop of upland cotton, $0.70 per
hundredweight; and
(B) for the 1997 through 2000 crops of upland
cotton, an amount that is four percent less than the
established price for upland cotton for the preceding
crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of upland cotton, the Secretary of
Agriculture shall not make deficiency payments available to
producers of upland cotton or permit producers to repay a price
support loan at a rate below the original loan rate.
(h) Extra Long Staple Cotton.--
(1) Reduction in target prices.--In the case of any price
support program for extra long staple cotton administered by
the Secretary of Agriculture, the established price for extra
long staple cotton for a crop year shall not exceed--
(A) for the 1996 crop of extra long staple cotton,
$0.918 per hundredweight; and
(B) for the 1997 through 2000 crops of extra long
staple cotton, an amount that is four percent less than
the established price for extra long staple cotton for
the preceding crop year.
(2) Termination of deficiency payment and marketing
loans.--Notwithstanding any other provision of law, for the
2001 and subsequent crops of extra long staple cotton, the
Secretary of Agriculture shall not make deficiency payments
available to producers of extra long staple cotton or permit
producers to repay a price support loan at a rate below the
original loan rate.
(i) Future Repeal of Current Provisions Regarding Price Support.--
Effective October 1, 2000, the following provisions of the Agricultural
Act of 1949, if still in effect on such date, are repealed:
(1) Section 101 (7 U.S.C. 1441) regarding price support
levels generally.
(2) Section 101B (7 U.S.C. 1441-2) regarding loans,
deficiency payments, and acreage reduction programs for rice.
(3) Section 103(h) (7 U.S.C. 1444(h)) regarding loans,
deficiency payments, and acreage reduction programs for extra
long staple cotton.
(4) Section 103B (7 U.S.C. 1444-2) regarding loans,
deficiency payments, and acreage reduction programs for upland
cotton.
(5) Section 105B (7 U.S.C. 1444f) regarding loans,
deficiency payments, and acreage reduction programs for feed
grains.
(6) Section 107B (7 U.S.C. 1445-3a) regarding loans,
deficiency payments, and acreage reduction programs for wheat.
(7) Any similar provisions of law, enacted after the date
of the enactment of this Act, relating to loans, deficiency
payments, and acreage reduction programs for the crops referred
to in the preceding paragraphs.
SEC. 3. ABANDONMENT OF ACREAGE REDUCTION PROGRAMS AND 0/85 AND 50/85
PROGRAMS.
(a) Abandonment.--The Agricultural Act of 1949 is amended by
inserting after section 115 (7 U.S.C. 1445k) the following new section:
``SEC. 116. ABANDONMENT OF RELIANCE ON ACREAGE REDUCTION PROGRAMS AND
0/85 AND 50/85 PROGRAMS AFTER THE 1998 CROP YEAR.
``(a) Zero Percentage ARP.--Beginning with the 1999 crops of rice,
cotton, feed grains, and wheat, in operating any acreage reduction
program on the production of such crops, the Secretary shall impose a
uniform percentage reduction of zero percent to the applicable crop
acreage base.
``(b) Effect on 0/85 and 50/85 Programs.--Because operation of the
0/85 and 50/85 programs for rice, cotton, feed grains, and wheat for a
crop year are conditioned on implementation of an acreage reduction
program for that crop year, the Secretary shall not conduct 0/85 and
50/85 programs for such crops after the 1998 crop year.
``(c) Definitions.--For purposes of this section:
``(1) The term `feed grains' means corn, oats, grain
sorghums, and barley.
``(2) The term `acreage reduction program' means a program
to reduce the crop acreage base for rice, cotton, feed grains,
or wheat by an announced acreage reduction requirement, in the
manner provided by--
``(A) section 107B(e) of this Act, in the case of
wheat;
``(B) section 105B(e) of this Act, in the case of
feed grains;
``(C) section 103(h) of this Act, in the case of
extra long staple cotton;
``(D) section 103B(e) of this Act, in the case of
upland cotton; and
``(E) section 101B(e) of this Act, in the case of
rice.
``(3) The term `0/85 and 50/85 programs' means a program
that authorizes deficiency payments on a certain percentage of
the maximum payment acres of a program crop even though the
crop is not actually planted on such acres, in the manner
provided by--
``(A) section 107B(c)(1)(E) of this Act, in the
case of wheat;
``(B) section 105B(c)(1)(E) of this Act, in the
case of feed grains;
``(C) section 103B(c)(1)(D) of this Act, in the
case of upland cotton; and
``(D) section 101B(c)(1)(D) of this Act, in the
case of rice.''.
(b) Preservation of Flex Acre Planting Flexibility.--Beginning with
the 1999 crops of rice, cotton, feed grains, and wheat, the Secretary
of Agriculture may not impose any restriction on the types of crops a
producer may plant on that percentage of the producer's crop acreage
base that is excluded from payment acres and ineligible for target
price deficiency payments.
SEC. 4. INCOME LIMITATIONS ON PARTICIPATION IN COMMODITY PRICE SUPPORT
PROGRAMS.
(a) Income Limitations on Participation.--Section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended by adding at the end
the following new paragraph:
``(8) Adjusted gross income limitation.--
``(A) Limitation.--Subject to subparagraph (B), a person
who has an adjusted gross income, as defined in section 62 of
the Internal Revenue Code of 1986 (26 U.S.C. 62), of more than
$100,000 annually shall not be eligible to receive deficiency
payments and land diversion payments described in paragraph (1)
or other payments described in paragraph (2)(B).
``(B) Exclusion of certain revenue.--Revenues from the
farming, ranching, and forestry operations of a person shall be
excluded from the calculation of the person's adjusted gross
income under subparagraph (A).''.
(b) Application.--The amendment made by subsection (a) shall apply
to crop years beginning after the date of the enactment of this Act.
SEC. 5. REDUCTION IN TOTAL AMOUNT OF AUTHORIZED DEFICIENCY PAYMENTS AND
ACREAGE DIVERSION PAYMENTS.
(a) $10,000 Reduction.--Section 1001(1)(A) of the Food Security Act
of 1985 (7 U.S.C. 1308) is amended by striking ``$50,000'' and
inserting ``$40,000''.
(b) Application.--The amendment made by subsection (a) shall apply
to crop years beginning after the date of the enactment of this Act.
SEC. 6. BUDGETARY LIMITATIONS ON OUTLAYS FOR DEFICIENCY PAYMENTS FOR
WHEAT, FEED, GRAINS, RICE, AND COTTON.
(a) Limitation.--The total Commodity Credit Corporation outlays for
deficiency payments for wheat, feed, grains, rice and cotton for the
crop year 1996 through 2000 may not exceed--
(1) for fiscal year 1996, 88 percent of the projected
Congressional Budget Office baseline of $6,556,000,000;
(2) for fiscal year 1997, 70 percent of the projected
Congressional Budget Office baseline of $6,525,000,000;
(3) for fiscal year 1998, 53 percent of the projected
Congressional Budget Office baseline of $6,936,000,000;
(4) for fiscal year 1999, 40 percent of the projected
Congressional Budget Office baseline of $6,921,000,000;
(5) for fiscal year 2000, 23 percent of the projected
Congressional Budget Office baseline of $6,671,000,000;
(b) Proration of Payments.--In any crop year before deficiency
payments are terminated under section 2, if the total Commodity Credit
Corporation obligations for such payments are projected to exceed the
applicable spending limit specified in subsection (a), the Secretary of
Agriculture shall prorate deficiency payments to recipients to meet
such spending limit.
SEC. 7. SENSE OF CONGRESS REGARDING INCLUSION OF AGRICULTURAL
COMMODITIES AND PRODUCTS IN TRADE EMBARGOES.
It is the sense of Congress that trade embargoes, which include
agricultural commodities and products produced in the United States
among the prohibited items, should not used as a tool of United States
foreign policy unless the embargo is directed against a country, the
government of which the Secretary of State has determined, for purposes
of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(6)(j)(1)), has repeatedly provided support for acts of
international terrorism.
SEC. 8. REPORT ON FEASIBILITY OF PRIVATE REVENUE INSURANCE.
Not later than six months after the date of the enactment of this
Act, the Secretary of Agriculture shall submit to Congress a report
evaluating the feasibility of using revenue insurance for agricultural
producers provided through the private sector as an alternative to the
continued use of price support loans, deficiency payments, and other
methods to provide income support to producers. | Farm Freedom Act of 1995 - Extends and reduces target prices for wheat, feed grains (corn, oats, grain sorghums, barley), rice, and cotton. Eliminates deficiency payments and marketing loans for such crops beginning with crop year 2001.
Eliminates acreage reduction programs and 0-85 and 50-85 programs beginning with crop year 1999.
Amends the Food Security Act of 1985 to: (1) impose specified income limitations on price support program participation; and (2) reduce producer deficiency and acreage diversion payments.
Sets forth Commodity Credit Corporation deficiency payment budgetary limitations.
Expresses the sense of the Congress against the use of U.S. agricultural commodities in trade embargoes, except for cases of state-supported terrorism.
Directs the Secretary of Agriculture to report on the feasibility of agricultural producer private revenue insurance. | {"src": "billsum_train", "title": "Farm Freedom Act of 1995"} | 3,542 | 198 | 0.566985 | 1.569569 | 0.740878 | 2.275 | 18.475 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Headquarters Consolidation Accountability Act of 2015''.
SEC. 2. INFORMATION ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
CONSOLIDATION PROJECT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in coordination with the
Administrator, shall submit to the appropriate committees of Congress
information on the implementation of the enhanced plan for the
Department headquarters consolidation project within the National
Capital Region, approved by the Office of Management and Budget and
included in the budget of the President for fiscal year 2016 (as
submitted to Congress under section 1105(a) of title 31, United States
Code), that includes the following:
(1) A proposed occupancy plan for the consolidation project
that includes specific information about which Department-wide
operations, component operations, and support offices will be
located at the site, the aggregate number of full time equivalent
employees projected to occupy the site, the seat-to-staff ratio at
the site, and schedule estimates for migrating operations to the
site.
(2) A comprehensive assessment of the difference between the
current real property and facilities needed by the Department in
the National Capital Region in order to carry out the mission of
the Department and the future needs of the Department.
(3) A current plan for construction of the headquarters
consolidation at the St. Elizabeths campus that includes--
(A) the estimated costs and schedule for the current plan,
which shall conform to relevant Federal guidance for cost and
schedule estimates, consistent with the recommendation of the
Government Accountability Office in the September 2014 report
entitled ``Federal Real Property: DHS and GSA Need to
Strengthen the Management of DHS Headquarters Consolidation''
(GAO-14-648); and
(B) any estimated cost savings associated with reducing the
scope of the consolidation project and increasing the use of
existing capacity developed under the project.
(4) A current plan for the leased portfolio of the Department
in the National Capital Region that includes--
(A) an end-state vision that identifies which Department-
wide operations, component operations, and support offices do
not migrate to the St. Elizabeths campus and continue to
operate at a property in the leased portfolio;
(B) for each year until the consolidation project is
completed, the number of full-time equivalent employees who are
expected to operate at each property, component, or office;
(C) the anticipated total rentable square feet leased per
year during the period beginning on the date of enactment of
this Act and ending on the date on which the consolidation
project is completed; and
(D) timing and anticipated lease terms for leased space
under the plan referred to in paragraph (3).
(5) An analysis that identifies the costs and benefits of
leasing and construction alternatives for the remainder of the
consolidation project that includes--
(A) a comparison of the long-term cost that would result
from leasing as compared to consolidating functions on
Government-owned space; and
(B) the identification of any cost impacts in terms of
premiums for short-term lease extensions or holdovers due to
the uncertainty of funding for, or delays in, completing
construction required for the consolidation.
(b) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall review the cost and schedule estimates submitted under
subsection (a) to evaluate the quality and reliability of the
estimates.
(2) Assessment.--Not later than 90 days after the submittal of
the cost and schedule estimates under subsection (a), the
Comptroller General shall report to the appropriate committees of
Congress on the results of the review required under paragraph (1).
(c) Definitions.--In this Act:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``appropriate committees of Congress'' means the
Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(3) The term ``Department'' means the Department of Homeland
Security.
(4) The term ``National Capital Region'' has the meaning given
the term under section 2674(f)(2) of title 10, United States Code.
(5) The term ``Secretary'' means the Secretary of Homeland
Security.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on March 14, 2016. Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Sec. 2) This bill directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit information on the implementation of the enhanced plan for the DHS headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for FY2016, that includes: a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the difference between the current real property and facilities needed by DHS in the Region to carry out its mission and its future needs; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes the estimated costs and schedule for the current plan and any estimated cost savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full-time equivalent employees who are expected to operate at each property, component, or office for each year until the consolidation project is completed, the anticipated total rentable square feet leased per year between the date of this Act's enactment and the date on which the consolidation project is completed, and the timing and anticipated lease terms for leased space; and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project, including a comparison of the long-term cost that would result from leasing to the cost of consolidating functions on government-owned space and the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. The bill directs the Government Accountability Office to evaluate the quality and reliability of the cost and schedule estimates submitted and report on the results. | {"src": "billsum_train", "title": "Department of Homeland Security Headquarters Consolidation Accountability Act of 2015"} | 958 | 540 | 0.830318 | 2.826404 | 0.968635 | 6.588353 | 1.87751 | 0.953815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Authorization Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection
to such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for
the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
SEC. 3. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment as a private
security officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty
is to perform security services, full- or part-time,
for consideration, whether armed or unarmed and in
uniform or plain clothes; but
(B) does not include--
(i) employees whose duties are primarily
internal audit or credit functions;
(ii) employees of electronic security
system companies acting as technicians or
monitors; or
(iii) employees whose duties primarily
involve the secure movement of prisoners.
(4) Security services.--The term ``security services''
means acts to protect people or property as defined by
regulations promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by
the Attorney General for the submission and receipt of criminal
history record information.
SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH.
(a) In General.--
(1) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive identification,
as determined by the Attorney General, of an employee of such
employer for purposes of a criminal history record information
search pursuant to this Act.
(2) Employee rights.--
(A) Permission.--An authorized employer shall
obtain written consent from an employee to submit to
the State identification bureau of a participating
State the request to search the criminal history record
information of the employee under this Act.
(B) Access.--An authorized employer shall provide
to the employee confidential access to any information
relating to the employee received by the authorized
employer pursuant to this Act.
(3) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer pursuant
to this Act, submitted through the State identification bureau
of a participating State, the Attorney General shall--
(A) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
(B) promptly provide any resulting identification
and criminal history record information to the
submitting State identification bureau requesting the
information.
(4) Use of information.--
(A) In general.--Upon receipt of the criminal
history record information from the Attorney General by
the State identification bureau, the information shall
be used only as provided in subparagraph (B).
(B) Terms.--In the case of--
(i) a participating State that has no State
standards for qualification to be a private
security officer, the State shall notify an
authorized employer as to the fact of whether
an employee has been convicted of a felony, an
offense involving dishonesty or a false
statement if the conviction occurred during the
previous 10 years, or an offense involving the
use or attempted use of physical force against
the person of another if the conviction
occurred during the previous 10 years; or
(ii) a participating State that has State
standards for qualification to be a private
security officer, the State shall use the
information received pursuant to this Act in
applying the State standards and shall only
notify the employer of the results of the
application of the State standards.
(5) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment by
that employee unless the authorized employer has good cause to
submit additional requests.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such final or
interim final regulations as may be necessary to carry out this Act,
including--
(1) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and recordkeeping;
(2) standards for qualification as an authorized employer;
and
(3) the imposition of reasonable fees necessary for
conducting the background checks.
(c) Criminal Penalty.--Whoever falsely certifies that he meets the
applicable standards for an authorized employer or who knowingly and
intentionally uses any information obtained pursuant to this Act other
than for the purpose of determining the suitability of an individual
for employment as a private security officer shall be fined under title
18, United States Code, or imprisoned for not more than 2 years, or
both.
(d) User Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may--
(A) collect fees to process background checks
provided for by this Act; and
(B) establish such fees at a level to include an
additional amount to defray expenses for the automation
of fingerprint identification and criminal justice
information services and associated costs.
(2) Limitations.--
(A) In general.--Any fee collected under this
subsection shall be subject to the provisions of
section 605 of division B of Public Law 108-7, with
respect to the expenditure of fees.
(B) Effective date.--This paragraph shall take
effect on the date that is 180 days after the date of
issuance of regulations under subsection (b).
(3) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee on
an authorized employer for the costs to the State of
administering this Act.
(e) State Opt Out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law or
issuing an order by the Governor (if consistent with State law)
providing that the State is declining to participate pursuant to this
subsection. | Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information.Sets forth provisions regarding permissible uses of the information and the frequency of requests. Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system. | {"src": "billsum_train", "title": "A bill to permit reviews of criminal records of applicants for private security officer employment."} | 1,675 | 261 | 0.459361 | 1.330005 | 0.824002 | 3.196581 | 6.884615 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Subsidizing Multimillion Dollar
Corporate Bonuses Act''.
SEC. 2. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN EXCESSIVE EMPLOYEE
REMUNERATION.
(a) Application to All Current and Former Employees.--
(1) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``covered employee'' each place it
appears in paragraphs (1) and (4) and inserting
``covered individual'', and
(B) by striking ``such employee'' each place it
appears in subparagraphs (A) and (G) of paragraph (4)
and inserting ``such individual''.
(2) Covered individual.--Paragraph (3) of section 162(m) of
such Code is amended to read as follows:
``(3) Covered individual.--For purposes of this subsection,
the term `covered individual' means any individual who is an
officer, director, or employee of the taxpayer or a former
officer, director, or employee of the taxpayer.''.
(3) Conforming amendments.--
(A) Section 48D(b)(3)(A) of such Code is amended by
inserting ``(as in effect for taxable years beginning
before January 1, 2014)'' after ``section 162(m)(3)''.
(B) Section 409A(b)(3)(D)(ii) of such Code is
amended by inserting ``(as in effect for taxable years
beginning before January 1, 2014)'' after ``section
162(m)(3)''.
(b) Expansion of Applicable Employee Remuneration.--
(1) Elimination of exception for commission-based pay.--
(A) In general.--Paragraph (4) of section 162(m) of
such Code, as amended by subsection (a), is amended by
striking subparagraph (B) and by redesignating
subparagraphs (C) through (G) as subparagraphs (B)
through (F), respectively.
(B) Conforming amendments.--
(i) Section 162(m)(5) of such Code is
amended--
(I) by striking ``subparagraphs
(B), (C), and (D) thereof'' in
subparagraph (E) and inserting
``subparagraphs (B) and (C) thereof'',
and
(II) by striking ``subparagraphs
(F) and (G)'' in subparagraph (G) and
inserting ``subparagraphs (E) and
(F)''.
(ii) Section 162(m)(6) of such Code is
amended--
(I) by striking ``subparagraphs
(B), (C), and (D) thereof'' in
subparagraph (D) and inserting
``subparagraphs (B) and (C) thereof'',
and
(II) by striking ``subparagraphs
(F) and (G)'' in subparagraph (G) and
inserting ``subparagraphs (E) and
(F)''.
(2) Inclusion of performance-based compensation.--
(A) In general.--Paragraph (4) of section 162(m) of
the Internal Revenue Code of 1986, as amended by
subsection (a) and paragraph (1) of this subsection, is
amended by striking subparagraph (B) and redesignating
subparagraphs (C) through (F) as subparagraphs (B)
through (E), respectively.
(B) Conforming amendments.--
(i) Section 162(m)(5) of such Code, as
amended by paragraph (1), is amended--
(I) by striking ``subparagraphs (B)
and (C) thereof'' in subparagraph (E)
and inserting ``subparagraph (B)
thereof'', and
(II) by striking ``subparagraphs
(E) and (F)'' in subparagraph (G) and
inserting ``subparagraphs (D) and
(E)''.
(ii) Section 162(m)(6) of such Code, as
amended by paragraph (1), is amended--
(I) by striking ``subparagraphs (B)
and (C) thereof'' in subparagraph (D)
and inserting ``subparagraph (B)
thereof'', and
(II) by striking ``subparagraphs
(E) and (F)'' in subparagraph (G) and
inserting ``subparagraphs (D) and
(E)''.
(c) Expansion of Applicable Employer.--Paragraph (2) of section
162(m) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(2) Publicly held corporation.--For purposes of this
subsection, the term `publicly held corporation' means any
corporation which is an issuer (as defined in section 3 of the
Securities Exchange Act of 1934 (15 U.S.C. 78c))--
``(A) that has a class of securities registered
under section 12 of such Act (15 U.S.C. 78l), or
``(B) that is required to file reports under
section 15(d) of such Act (15 U.S.C. 780(d)).''.
(d) Regulatory Authority.--
(1) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(7) Regulations.--The Secretary may prescribe such
guidance, rules, or regulations, including with respect to
reporting, as are necessary to carry out the purposes of this
subsection.''.
(2) Conforming amendment.--Paragraph (6) of section 162(m)
of such Code is amended by striking subparagraph (H).
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Stop Subsidizing Multimillion Dollar Corporate Bonuses Act - Amends the Internal Revenue Code, with respect to the $1 million limitation on the deductibility of employee compensation, to: (1) extend such limitation to any individual who is a current or former officer, director, or employee of a publicly-held corporation; (2) eliminate the exemption from such limitation for compensation payable on a commission basis or upon the attainment of a performance goal; and (3) make such limitation applicable to all publicly-held corporations that are required by the Securities and Exchange Commission (SEC) to register securities and provide periodic reports to their investors. | {"src": "billsum_train", "title": "Stop Subsidizing Multimillion Dollar Corporate Bonuses Act"} | 1,377 | 133 | 0.46818 | 1.357906 | 0.580787 | 1.661157 | 9.46281 | 0.752066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Right to Know Act''.
SEC. 2. EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT.
(a) In General.--Section 1143(a)(2) of the Social Security Act (42
U.S.C. 1320b-13(a)(2)) is amended by striking ``and'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting a semicolon, and by adding at the end the following:
``(E) a statement providing information that--
``(i) while the old age, survivors, and disability
insurance program currently collects more in employer,
employee, and self-employment contributions than such
program pays out in retirement, disability, survivor,
and auxiliary benefits each year, such program will
begin to run cash flow deficits in 2015, thereafter
necessitating the allocation of general tax revenues in
order to finance promised benefits; and
``(ii) the trust funds for such program contain
claims on future Government resources sufficient to
cover the deficit through 2037, but after that date,
the trust funds would collect sufficient revenues to
pay 72 percent of benefits; and
``(F) a statement explaining the nature of the Federal old
age, survivors, and disability insurance trust funds, including
the following: `Social Security Trust Fund balances are
available to finance future benefit payments and other Trust
Fund responsibilities only in a bookkeeping sense. They do not
consist of real economic assets that can be drawn down in the
future to fund benefits. Instead, such balances are claims on
the United States Treasury that, when redeemed, will have to be
financed by raising taxes, borrowing from the public, or
reducing benefits or other expenditures. The existence of large
Social Security Trust Fund balances, therefore, does not, by
itself, have any impact on the Federal Government's ability to
pay benefits.'.
For purposes of subparagraph (E), the dates and percentages described
in such subparagraph shall be adjusted annually based on the
Alternative II (Intermediate) findings of the Office of the Chief
Actuary contained in the most recent report of the Board of
Trustees.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to statements provided after the date of enactment
of this Act.
SEC. 3. EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL
SECURITY TRUST FUNDS.
(a) In General.--Section 201(c) of the Social Security Act (42
U.S.C. 401(c)) is amended by inserting before the penultimate sentence
the following: ``Based on the Alternative II (Intermediate) findings of
the Office of the Chief Actuary, such report, including the report's
summary and any items that accompany the release of such report, shall
include in a clear and simple manner the information described in
subsection (n)(1).
(b) Additional Contents of Report.--Section 201 of the Social
Security Act (42 U.S.C. 401) is amended by adding at the end the
following:
``(n)(1) For purposes of subsection (c), the information described
in this subsection is the following:
``(A) An estimate of the year in which annual
outlays from the Trust Funds is first projected, using
the Trustees' intermediate estimates, to exceed the
annual cash income of the Trust Funds. For purposes of
this paragraph, annual cash income of the Trust Funds
shall be determined by including payroll and benefit
tax revenues, but not intragovernmental transfers or
interest income.
``(B) The annual excess of such projected annual
outlays from the Trust Funds over the annual cash
income of the Trust Funds in each year, beginning with
the first year identified in subparagraph (A) and
extending through the year of projected program
insolvency.
``(C) The aggregate amount of the annual excesses
identified in subparagraph (B) for the 75-year
projection period included in the report and the change
in such amount from the previous year's report.
``(D) The amount of deficit or surplus that the
old-age, survivor, and disability insurance program
will run in the last year in the 75-year projection
period included in the report and the aggregate assets
and unfunded obligations contained in the Trust Funds
in that final projected year.
``(E) The amount that payroll taxes would have to
be raised or benefits be reduced (both in percentage
terms) in order to keep the old-age, survivor, and
disability insurance program in annual financial
balance after any cumulative balances in the Trust
Funds are exhausted. For purposes of the preceding
sentence, such program shall be considered to be in
annual financial balance when the annual cash income of
the Trust Funds and annual outlays from the Trust Funds
are approximately equal for each year throughout the
75-year projection period included in the report.
``(F) How the annual amounts identified in
subparagraph (B) would change if either raising payroll
taxes or reducing benefits to keep the program in
financial balance is delayed for 5, 10, 25, and 50
years.
``(G) A provision explaining the nature of the
Trust Funds, including the following statement: `Social
Security Trust Fund balances are available to finance
future benefit payments and other Trust Fund
responsibilities only in a bookkeeping sense. They do
not consist of real economic assets that can be drawn
down in the future to fund benefits. Instead, such
balances are claims on the United States Treasury that,
when redeemed, will have to be financed by raising
taxes, borrowing from the public, or reducing benefits
or other expenditures. The existence of large Social
Security Trust Fund balances, therefore, does not, by
itself, have any impact on the Federal Government's
ability to pay benefits.'.
``(2) The information described in subparagraphs (B), (C),
and (D) of paragraph (1) shall be presented in terms of nominal
dollars, inflation-adjusted dollars, and present discounted
value in the report under subsection (c)(2), and in terms of
inflation-adjusted dollars in the summary of such report.
``(3) The Board of Trustees shall publish the economic
model and all relevant data that are used to make the financial
projections included in the report under subsection (c)(2) and
to make it available on the Social Security Administration
Internet web site. Annually, the Board of Trustees shall also
include in such report any changes made to the model and data
in the preceding 12 months.
``(4) The information described in paragraph (1) shall also
be included in a separate report to Congress to be submitted
not later than the first day of April of each year (beginning
with 2000).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports made after the date of enactment of this
Act. | Amends title II (OASDI) of the SSA to require the annual report of the Board of the Trustees of the OASDI Trust Funds to include: (1) an estimate of the year in which annual outlays from such Funds are first projected to exceed the annual cash income (including payroll and benefit tax revenues); (2) the annual excess of such projected outlays over such income in each year extending through the year of projected program insolvency; (3) the aggregate amount of such excesses for the 75-year projection period and the change from the previous year; (4) the amount of deficit or surplus that the OASDI program will run in the last year of such period and the aggregate assets and unfunded obligations contained in the Funds in that final projected year; (5) the amount that payroll taxes would have to be raised or benefits be reduced in order to keep the OASDI program in annual financial balance after cumulative balances in the Funds are exhausted; (6) how the annual amounts identified in (2) above would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for five, ten, 25, and 50 years; and (7) the nature of the OASDI Trust Funds as described in the social security account statements. | {"src": "billsum_train", "title": "Social Security Right to Know Act"} | 1,543 | 271 | 0.505971 | 1.46774 | 0.724159 | 4.056225 | 5.823293 | 0.947791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Union Audit Improvement Act
of 1997''.
SEC. 2. FINANCIAL STATEMENT AND AUDIT REQUIREMENTS.
Paragraph (6) of section 202(a) of the Federal Credit Union Act (12
U.S.C. 1782(a)(6)) is amended to read as follows:
``(6) Financial statement and audit requirements.--
``(A) Financial statement.--
``(i) In general.--Each insured credit
union shall prepare annual financial statements
in conformity with generally accepted
accounting principles.
``(ii) Audit requirement.--The supervisory
committee of each insured credit union shall
have an annual independent audit of the
financial statement of the credit union
performed in accordance with generally accepted
auditing standards by an independent certified
public accountant or public accountant licensed
by the appropriate State or jurisdiction to
perform such services.
``(B) Effectiveness of internal controls.--
``(i) In general.--Each insured credit
union shall prepare a written assertion
annually about the effectiveness of the
internal controls over financial reporting.
``(ii) Examination of written assertion.--
The supervisory committee of each insured
credit union shall obtain annually an
attestation report on an examination of
management's written assertion under clause (i)
which shall be prepared in accordance with
generally accepted standards for attestation
engagements by an independent certified public
accountant or public accountant licensed by the
appropriate State or jurisdiction to perform
such services.
``(C) Compliance with laws and regulations.--Each
insured credit union shall prepare a written report
annually on the extent to which the credit union is in
compliance with laws and regulations relating to safety
and soundness which have been designated by the Board.
``(D) De minimus exception.--This paragraph shall
not apply with respect to any fiscal year of any
insured credit union the total assets of which, as of
the beginning of such fiscal year, are less than
$10,000,000.''.
SEC. 3. REQUIREMENTS FOR SUPERVISORY COMMITTEES.
(a) Federal Credit Unions.--Section 115 of the Federal Credit Union
Act (12 U.S.C. 1761d) is amended--
(1) by striking ``The supervisory committee shall make or
cause to be made'' and all that follows through ``submit
reports of the supplementary audits to the board of directors;
may by a unanimous vote'' and inserting ``(a) In General.--The
supervisory committee may, by a unanimous vote,''; and
(2) by adding at the end the following new subsection:
``(b) Management Oversight.--
``(1) Risk areas.--The supervisory committee shall--
``(A) identify annually risk areas of the
activities of the credit union; and
``(B) assess the extent to which internal and
external audit coverage is necessary for those
activities of the credit union which the committee
determines have a high risk.
``(2) Internal audits.--The supervisory committee shall
perform or supervise any internal audits of the credit union.
``(3) Outside auditors.--In the case of any outside audit
of the credit union, the supervisory committee shall engage
only an independent certified public accountant or public
accountant licensed by the appropriate State or jurisdiction to
perform such services.
``(4) Audit reports to board of directors and members.--The
supervisory committee shall--
``(A) promptly submit the audit report of any
internal or outside audit to the board of directors and
the Administration; and
``(B) submit the audit report of any outside audit
and submit a summary of the audit report of any
internal audit to the members at the annual meeting
following the completion of any such report.''.
(b) Insured State Credit Unions.--Section 201(b) of the Federal
Credit Union Act (12 U.S.C. 1781(b)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) to maintain a supervisory committee which complies
with the requirements applicable under section 115(b) to a
supervisory committee of a Federal credit union;''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to fiscal
years (of insured credit unions) ending on or after December 15, 1997. | Credit Union Audit Improvement Act of 1997 - Amends the Federal Credit Union Act to mandate that: (1) each insured credit union prepare an annual financial statement in conformity with generally accepted accounting principles (GAAP); (2) each credit union supervisory committee have an annual independent audit of such statement performed in accordance with GAAP standards by an independent certified or licensed public accountant; (3) each credit union prepare annually a written assertion regarding the efficacy of internal controls over financial reporting; (4) each credit union supervisory committee obtain annually an attestation report on an examination of management's written assertion prepared in accordance with GAAP by an independent certified or licensed public accountant; and (5) each credit union prepare annually a written report on the extent to which it is in compliance with the safety and soundness regulations designated by National Credit Union Administration Board.
Exempts certain small-sized insured credit unions (with assets under $10 million) from the purview of this Act.
Requires a credit union supervisory committee to: (1) identify annually any risk areas of credit union activities; (2) assess the extent to which internal and external audit coverage is necessary for credit union activities which the committee determines to have a high risk; (3) perform or supervise internal audits; (4) restrict the selection of outside auditors to certified or licensed public accountants; and (5) submit audit reports to the board of directors, the National Credit Union Administration, and its membership.
Requires an insured State credit union to include in its insurance application an agreement to maintain a supervisory committee which complies with the management oversight requirements applicable to its Federal credit union counterparts. | {"src": "billsum_train", "title": "Credit Union Audit Improvement Act of 1997"} | 991 | 342 | 0.753376 | 2.319481 | 0.809473 | 2.563467 | 2.786378 | 0.879257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Heroes Vote Act of 2013''.
SEC. 2. PROVISION OF INFORMATION TO ELECTION OFFICIALS ON DEPLOYMENTS
OF ABSENT UNIFORMED SERVICES VOTERS.
(a) Requiring Secretary of Defense To Provide Information.--Section
101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) to the greatest extent practicable, notify the
appropriate election official of the State in which an absent
uniformed services voter is registered to vote of any change in
the current mailing address of the voter which results from the
voter being deployed on active duty for a period of more than
30 days from the voter's permanent duty station or redeployed
from such a deployment without first returning to the voter's
permanent duty station.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to deployments or redeployments occurring on or
after the date of the enactment of this Act.
SEC. 3. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``except
as provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (42 U.S.C. 1973ff-1), as amended
by subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after January 1, 2014.
SEC. 4. ESTABLISHMENT OF ALTERNATIVE PROCEDURES TO ACCEPT AND PROCESS
ABSENTEE BALLOTS OF MILITARY VOTERS AND OVERSEAS CITIZENS
IN EVENT OF MAJOR DISASTERS.
(a) Responsibilities of State Election Officials.--Section 102(a)
of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) establish procedures to ensure the effective and
timely acceptance and processing of absentee ballots
transmitted by absent uniformed services voters and overseas
voters in the event of a major disaster (as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) in the State.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections for Federal office held on or after the
date of the enactment of this Act.
SEC. 5. PROHIBITION OF REFUSAL TO ACCEPT VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATIONS FROM OVERSEAS VOTERS ON
GROUNDS OF EARLY SUBMISSION.
Section 104 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-3) is amended--
(1) by inserting ``or overseas voter'' after ``absent
uniformed services voter''; and
(2) by striking ``uniformed services.'' and inserting
``uniformed services or who do not reside outside the United
States.''.
SEC. 6. ADDITIONAL FUNDING TO CARRY OUT UOCAVA.
(a) Funding.--There are authorized to be appropriated to the
Presidential designee under the Uniformed and Overseas Citizens
Absentee Voting Act $25,000,000 to carry out the requirements of such
Act.
(b) Treatment of Funds.--Any amounts appropriated pursuant to the
authorization under subsection (a)--
(1) shall be in addition to any other amounts appropriated
to the Presidential designee under the Uniformed and Overseas
Citizens Absentee Voting Act pursuant to any other
authorization under law; and
(2) shall remain available until expended. | Helping Heroes Vote Act of 2013 - Amends the Uniformed and Overseas Citizens Absentee Voting Act (the Act) to direct the Secretary of Defense (DOD) to notify the appropriate election official of the state in which a servicemember is registered to vote of any change in the servicemember's current mailing address due to being deployed on active duty for more than 30 days away from his or her permanent duty station or being redeployed without first returning to such duty station. Repeals a state's authority to waive ballot transmission requirements with respect to absentee military voters and overseas citizens who request such ballots within 45 days of a federal election. Requires the use of express delivery in the case of a failure to meet such requirement. Requires each state to establish alternative procedures to accept and process absentee ballots of military voters and overseas citizens in the event of a major disaster in that state. Prohibits a state from refusing to accept voter registration and absentee ballot applications from overseas voters (under current law, only from absent servicemember voters) on the grounds of early submission. Authorizes additional funding to carry out the Act. | {"src": "billsum_train", "title": "Helping Heroes Vote Act of 2013"} | 1,601 | 260 | 0.637346 | 1.817892 | 0.80352 | 3.745192 | 6.0625 | 0.908654 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Repeated Executive Delays
to Transboundary Approvals of Pipelines and Engineering Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Society of Civil Engineers recently
assessed the infrastructure system of the United States and
gave the system an overall grade of D+;
(2) recent critical infrastructure decisions have become
unacceptably politicized;
(3) permit applications for the Keystone XL Pipeline have
been under review for over 5\1/2\ years; and
(4) Congress can alleviate political interference in
critical infrastructure decisions by--
(A) directly delegating to the Secretary of State
the authority to expedite review of permits necessary
to accelerate the completion of energy production and
transmission projects; and
(B) providing a systematic method for evaluating
and permitting the constructing and maintenance of
certain other border crossings for land transportation
(including motor and rail vehicles) and other
facilities.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of State.
SEC. 4. CONSTITUTIONAL AUTHORITY.
In accordance with clause 3 of section 8 of article I of the
Constitution (delegating to Congress the power to regulate commerce
with foreign nations), Congress has the power to regulate the approval
of infrastructure connecting the United States with a foreign country.
SEC. 5. DELEGATION OF AUTHORITY TO THE DEPARTMENT OF STATE.
(a) In General.--The Secretary is designated and empowered to
receive all applications for permits for the construction, connection,
operation, or maintenance, at the borders of the United States (other
than applications received by the Secretary of Energy under laws in
existence on the date of enactment of this Act), of--
(1) facilities for the exportation or importation of
petroleum, petroleum products, coal, or other fuels to or from
a foreign country;
(2) pipelines, conveyor belts, and similar facilities for
the exportation or importation of products (other than the
products described in paragraph (1)) to or from a foreign
country;
(3) facilities for the exportation or importation of water
or sewage to or from a foreign country;
(4) facilities for the transportation of persons, things,
or both persons and things to or from a foreign country;
(5) bridges, to the extent that congressional authorization
is not otherwise required under law;
(6) facilities similar to the facilities otherwise
described in this subsection that are located above or below
ground; and
(7) border crossings for land transportation, including
motor and rail vehicles, to or from a foreign country, whether
or not in conjunction with the facilities described in
paragraph (4).
(b) Requests for Information.--
(1) In general.--On receipt of a completed application
under subsection (a), the Secretary shall--
(A)(i) request any additional information needed
from the applicant, as appropriate; and
(ii) refer the application to other agencies
pursuant to paragraph (2);
(B) refer the application and pertinent information
to, and request the views of--
(i) the Secretary of Defense, the Attorney
General, the Secretary of the Interior, the
Secretary of Commerce, the Secretary of
Transportation, the Secretary of Energy, the
Secretary of Homeland Security, the
Administrator of the Environmental Protection
Agency (or the heads of successor agencies);
and
(ii) for applications concerning the border
with Mexico, the United States Commissioner of
the International Boundary and Water
Commission; and
(C) refer the application and pertinent information
to, and request the views of, such other Federal
department and agency heads as the Secretary determines
appropriate.
(2) Additional consultations.--The Secretary--
(A) may consult with State, tribal, and local
government officials and foreign governments, as the
Secretary determines appropriate, with respect to an
application under subsection (a); and
(B) shall request responses in a timely manner, not
to exceed 90 days from the date of the request.
(3) Further consideration.--On receiving the views and
assistance requested under paragraphs (1) and (2), the
Secretary shall consider, in light of any statutory or other
requirements or other considerations, whether additional
information is necessary to evaluate the application and, as
appropriate, request the additional information from the
applicant.
(4) Public comment.--The Secretary may provide for--
(A) the publication in the Federal Register of
notice of receipt of applications;
(B) the receipt of public comments on applications;
and
(C) notices related to the issuance or denial of
applications.
(c) Compliance.--
(1) In general.--Subject to paragraph (2), a Federal agency
consulted by the Secretary under subsection (b)(1) shall comply
with the request of the Secretary (consistent with the
authority of the Federal agency) as soon as practicable but not
later than 90 days after the date on which the request is
submitted.
(2) Timing.--If a Federal agency consulted by the Secretary
under subsection (b)(1) requests from the Secretary additional
information that is necessary to carry out the request, the
compliance deadline under paragraph (1) shall not begin until
the date on which the additional information is received.
(d) National Interest Determination.--
(1) In general.--After consideration of the views,
assistance, and public comment received under subsection (b),
if the Secretary finds that issuance of a permit to the
applicant would serve the national interest, the Secretary
shall--
(A) prepare a permit, in such form and with such
terms and conditions as the national interest requires,
as determined by the Secretary; and
(B) notify the officials required to be consulted
under subsection (b)(1)(B) of the proposed
determination that a permit be issued.
(2) Proposed denial.--After consideration of the views,
assistance, and public comment received under subsection (b),
if the Secretary finds that issuance of a permit to the
applicant would not serve the national interest, the Secretary
shall notify the officials required to be consulted under
subsection (b)(1)(B) of the proposed determination that the
application be denied.
(e) Issuance or Denial.--The Secretary shall issue or deny the
permit in accordance with the proposed determination under subsection
(d).
(f) Regulations.--The Secretary may promulgate such rules and
regulations and prescribe such procedures (including rules,
regulations, and procedures relating to the International Boundary and
Water Commission) as the Secretary determines necessary to carry out
this section.
(g) Pending Applications.--Except as provided in section 6, this
section shall apply only to applications for permits filed on or after
the date of enactment of this Act.
(h) Effect.--Except as explicitly provided in this Act, nothing in
this section limits the application of, or obligation to comply with,
the requirements of any other Federal department or agency.
(i) Final Rule.--The decision made by the Secretary under
subsection (e) shall be deemed to be a rule for purposes of chapter 8
of title 5, United States Code (commonly known as the ``Congressional
Review Act'').
SEC. 6. KEYSTONE XL PIPELINE APPROVAL.
(a) In General.--TransCanada Keystone Pipeline, L.P. may construct,
connect, operate, and maintain the pipeline and cross-border facilities
described in the application filed on May 4, 2012, by TransCanada
Corporation to the Department of State (including any subsequent
revision to the pipeline route within the State of Nebraska required or
authorized by the State of Nebraska).
(b) Environmental Impact Statement.--The Final Supplemental
Environmental Impact Statement issued by the Secretary of State in
January 2014, regarding the pipeline referred to in subsection (a), and
the environmental analysis, consultation, and review described in that
document (including appendices) shall be considered to fully satisfy--
(1) all requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) any other provision of law that requires Federal agency
consultation or review (including the consultation or review
required under section 7(a) of the Endangered Species Act of
1973 (16 U.S.C. 1536(a))) with respect to the pipeline and
facilities referred to in subsection (a).
(c) Permits.--Any Federal permit or authorization issued before the
date of enactment of this Act for the pipeline and cross-border
facilities referred to in subsection (a) shall remain in effect.
(d) Federal Judicial Review.--Any legal challenge to a Federal
agency action regarding the pipeline and cross-border facilities
described in subsection (a), and the related facilities in the United
States, that are approved by this Act, and any permit, right-of-way, or
other action taken to construct or complete the project pursuant to
Federal law, shall only be subject to judicial review on direct appeal
to the United States Court of Appeals for the District of Columbia
Circuit.
(e) Private Property Savings Clause.--Nothing in this Act alters
any Federal, State, or local process or condition in effect on the date
of enactment of this Act that is necessary to secure access from an
owner of private property to construct the pipeline and cross-border
facilities described in subsection (a).
SEC. 7. REVIEW OF CERTAIN EXECUTIVE ORDERS.
The Comptroller General of the United States shall--
(1) conduct a review of any Executive order issued by the
President that is not based on the exclusive constitutional
authority of the President; and
(2) not later than 180 days after the date of enactment of
this Act, submit to Congress a report on the results of the
review. | Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act - Designates and empowers the Secretary of State to receive all applications (except those received by the Secretary of Energy [DOE] under current law) for permits for the construction, connection, operation, or maintenance, at the U.S. borders, of facilities for the exportation or importation to or from a foreign country of petroleum, petroleum products, coal, other fuels, certain products, water or sewage, as well as persons or things. Prescribes requirements and procedures for granting a permit. Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012. Deems the Final Supplemental Environmental Impact Statement regarding the pipeline issued by the Secretary of State in January 2014 to fully satisfy the National Environmental Policy Act of 1969, and any law that requires federal agency consultation or review, including the Endangered Species Act of 1973. Restricts any legal challenges regarding a federal agency action and such facilities to judicial review on direct appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Directs the Comptroller General (GAO) to review any Executive order issued by the President that is not based on the President's exclusive constitutional authority. | {"src": "billsum_train", "title": "Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act"} | 2,103 | 311 | 0.574056 | 1.867487 | 0.863945 | 4.234375 | 7.832031 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Access to Compounded
Medications for Special Needs Patients Act''.
SEC. 2. PHARMACY COMPOUNDING.
Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353a) is amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Drug Products for Distribution to Practitioners.--Sections
501(a)(2)(B), 502(f)(1), and 505 shall not apply to a drug product if
the drug product is compounded and distributed to a practitioner where,
as permitted under State law, the drug product is used in the treatment
of or administered to a patient of the practitioner, and if the
compounding is by--
``(1) a licensed pharmacist in a State licensed pharmacy or
a Federal facility; or
``(2) a licensed physician.'';
(3) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and
inserting ``subsection (a) or (b)'';
(ii) in subparagraph (A)(i)(III), by
striking ``subsection (c)'' and inserting
``subsection (d)'';
(iii) in subparagraph (C), by striking ``;
and'' and inserting ``;'';
(iv) in subparagraph (D), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(E) complies with standards contained within the
United States Pharmacopeial Convention General Chapters
pertaining to the compounding of drug products.'';
(B) in paragraph (2), by striking ``identified
individual patient, which produces for that patient''
and inserting ``identified individual patient for whom
the drug product is compounded under subsection (a) or
patients of a practitioner to whom the drug product is
compounded and dispensed under subsection (b), which
produces for that patient or patients'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and
inserting ``subsection (a) or (b)'';
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) that has entered into a memorandum of
understanding with the Secretary that provides
for appropriate investigation by a State agency
of complaints relating to compounded drug
products distributed outside such State; or'';
and
(II) by amending clause (ii) to
read as follows:
``(ii) that has not entered into a
memorandum of understanding described in clause
(i) and the licensed pharmacist, licensed
pharmacy, or licensed physician distributes (or
causes to be distributed) compounded drug
products out of the State in which such
products are compounded in quantities that do
not exceed 5 percent of the total prescription
orders dispensed or distributed by such
pharmacy or physician.''; and
(iii) in the flush text, by striking
``National Association of Boards of Pharmacy''
and inserting ``States''; and
(D) by adding at the end the following:
``(4) Limitation on memorandum of understanding.--A
memorandum of understanding entered into under paragraph
(3)(B)(i) shall not create an unfunded mandate on a State.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``subsections
(b)(1)(A)(i)(III), (b)(1)(C), or (b)(3)(A)'' and
inserting ``subsections (c)(1)(A)(i)(III), (c)(1)(C),
or (c)(3)(A)''; and
(B) in paragraph (2), by striking ``subsection
(b)(1)(A)(i)(III)'' and inserting ``subsection
(c)(1)(A)(i)(III)''; and
(5) by amending subsection (f), as so redesignated to read
as follows:
``(f) Definitions.--
``(1) Compounding.--As used in this section, the term
`compounding' does not include mixing, reconstituting, or other
such acts that are performed in accordance with directions
contained in approved labeling provided by the product's
manufacturer and other manufacturer directions consistent with
that labeling.
``(2) Distribute.--For purposes of this section, the term
`distribute' does not include the dispensing of a compounded
drug product for an identified individual patient.''. | Saving Access to Compounded Medications for Special Needs Patients Act This bill amends the Federal Food, Drug, and Cosmetic Act to allow drugs to be compounded (manufactured at a small scale) and distributed to practitioners for treatment of, or administration to, patients of that practitioner. Currently, drugs may be compounded only for identified individual patients. (Compounded drugs do not need to meet certain requirements for drugs regarding manufacturing, labeling, or FDA approval.) Compounded drugs must comply with United States Pharmacopeia standards. A memorandum of understanding (MOU) between the FDA and a state regarding compounded drugs no longer must address interstate distribution of inordinate amounts of compounded drugs. Such an MOU must not create an unfunded mandate on a state. (Compounders in states that do not have an MOU with the FDA may not distribute more than 5% of their orders out of state.) | {"src": "billsum_train", "title": "Saving Access to Compounded Medications for Special Needs Patients Act"} | 1,162 | 207 | 0.531058 | 1.479953 | 0.829086 | 2.042169 | 5.915663 | 0.704819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Terrorism Explosives Control
Act of 2001''.
TITLE IV--ADDITIONAL LAW ENFORCEMENT AUTHORITY
SEC. 402. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) Definitions.--Section 841(j) of title 18, United States Code,
is amended to read as follows:
``(j) Permittee means any user of explosives for a lawful purpose,
who has obtained either a user permit or a limited permit under the
provisions of this chapter.''
(b) Permits for Purchase of Explosives.--Section 842 of title 18,
United States Code, is amended--
(1) in subsection (a)(2), by striking ``and'';
(2) by striking subsection (a)(3) and inserting new
subsections (a)(3) and (a)(4) to read as follows:
``(3) other than a licensee or permittee knowingly--
``(A) to transport, ship, cause to be transported,
or receive any explosive materials, or
``(B) to distribute explosive materials to any
person other than a licensee or permittee; or
``(4) who is a holder of a limited permit--
``(A) to transport, ship, cause to be transported,
or receive in interstate or foreign commerce any
explosive materials; or
``(B) to receive explosive materials from a
licensee or permittee whose premises are located within
the holder's State of residence on more than four
occasions different from one another, pursuant to
regulations implemented by the Secretary.'';
(3) by amending subsection (b) to read as follows:
``(b) It shall be unlawful for any licensee or permittee knowingly
to distribute any explosive materials to any person other than
``(1) a licensee;
``(2) a holder of a user permit; or
``(3) a holder of a limited permit who is a resident of the
State where distribution is made and in which the transferor's
premises are located.''; and
(4) in the first sentence of subsection (f), by inserting
``, other than a holder of a limited permit,'' after
``permittee''.
(c) Licenses and User Permits.--Section 843(a) of title 18, United
States Code, is amended--
(1) by inserting ``or limited permit'' after ``user
permit'' in the first sentence;
(2) by inserting ``, including the names of and appropriate
identifying information regarding all employees who will
possess explosive materials, as well as fingerprints and a
photograph of the applicant (including, in the case of a
corporation, partnership, or association, any individual
possessing, directly or indirectly, the power to direct or
cause the direction of the management and policies of the
corporation, partnership, or association)'' before the period
at the end of the first sentence; and
(3) by striking the third sentence and inserting ``Each
license or user permit shall be valid for no longer than three
years from date of issuance and each limited permit shall be
valid for no longer than one year from date of issuance. Each
license or permit shall be renewable upon the same conditions
and subject to the same restrictions as the original license or
permit and upon payment of a renewal fee not to exceed one-half
of the original fee.''.
(d) Criteria for Approving Licenses and Permits.--Section 843(b) of
title 18, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), (4), and (5), as
paragraphs (3), (4), (5), and (6), respectively, and inserting
a new paragraph (2) to read as follows:
``(2) none of the employees of the applicant who will
possess explosive materials in the course of their employment
with the applicant is a person whose possession of explosives
would be unlawful under section 842(i) of this chapter;'';
(2) by striking the word ``and'' at the end of paragraph
(5), as redesignated;
(3) by striking the period at the end of paragraph (6), as
redesignated, and inserting ``; and''; and
(4) by adding a new paragraph (7) to read as follows:
``(7) in the case of a limited permit, the applicant has
certified in writing that he or she will not receive explosive
materials on more than four occasions different from one
another during the 12-month period for which the limited permit
is valid.''.
(e) Inspection Authority.--Section 843(f) of title 18, United
States Code, is amended--
(1) in the first sentence--
(A) by striking ``permittees'' and inserting
``holders of user permits'', and
(B) by inserting ``licensees and permittees''
before the words ``shall submit''; and
(2) in the second sentence, by striking ``permittee'' the
first time it appears and inserting ``holder of a user
permit''.
(f) Posting of Permits.--Section 843(g) of title 18, United States
Code, is amended by inserting ``user'' before ``permits''.
(g) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act.
SEC. 403. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE
MATERIALS.
(a) Distribution of Explosives.--Section 842(d) of title 18, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting `` or who has been committed to a mental
institution;''; and
(3) by adding at the end the following new paragraphs:
``(7) is an alien, other than a lawful permanent resident
alien (as that term is defined in section 101(a)(20) of the
Immigration and Nationality Act) or an alien described in
subsection (q)(2);
``(8) who has been discharged from the Armed Forces under
dishonorable conditions; or
``(9) who, having been a citizen of the United States, has
renounced his citizenship.''.
(b) Possession of Explosive Materials.--Section 842(i) of title 18,
United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) who, is an alien, other than a lawful permanent
resident alien (as that term is defined in section 101(a)(20)
of the Immigration and Nationality Act) or an alien described
in subsection (q)(2);
``(6) who has been discharged from the Armed Forces under
dishonorable conditions; or
``(7) who, having been a citizen of the United States, has
renounced his citizenship.''.
(c) Definition.--Section 842 of title 18, United States Code, is
amended by adding at the end a new subsection (q) as follows:
``(q) Provisions Relating to Legal Aliens.--
``(1) Definition.--In this subsection, the term `alien' has
the same meaning as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
``(2) Exceptions.--Sections (d)(7) and (i)(5) do not apply
to any alien who is in lawful non-immigrant status, is a
refugee admitted under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), or is in asylum status under
section 208 of the Immigration and Nationality Act (8 U.S.C.
1158), and
``(A) is a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business;
``(B) is a person having the power to direct or
cause the direction of the management and policies of a
corporation, partnership, or association licensed
pursuant to section 843(a), and shipping, transporting,
possessing, or receiving explosive materials related to
such authority; or
``(C) is a member of a NATO or other friendly
foreign military force (whether or not admitted in a
non-immigrant status) who is present in the United
States under military orders for training or other
authorized purpose, and the shipping, transporting,
possessing, or receiving explosive materials is in
furtherance of the military purpose.''.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who
has been admitted to the United States under a non-
immigrant visa may receive a waiver from the
requirements of subsection (i)(5) if:
``(i) the individual submits to the
Attorney General a petition that meets the
requirements of subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the
date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire
explosives and certifying that the alien would
not, absent the application of subsection
(i)(5), otherwise be prohibited from such an
acquisition under subsection (i).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph if the Attorney General determines that
waiving the requirements of subsection (i)(5), with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
SEC. 404. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND
AMMONIUM NITRATE.
Section 843 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(h) Licensed manufacturers and licensed importers and persons who
manufacture or import explosive materials or ammonium nitrate shall,
when required by letter issued by the Secretary, furnish samples of
such explosive materials or ammonium nitrate, information on chemical
composition of such products, and any other information that the
Secretary determines is relevant to the identification and
classification of the explosive materials or to identification of the
ammonium nitrate. The Secretary may, by regulation, authorize
reimbursement of the fair market value of samples furnished pursuant to
this subsection, as well as the reasonable costs of shipment.''.
SEC. 405. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL
FINANCIAL ASSISTANCE.
Section 844(f)(1) of title 18, United States Code, is amended by
inserting ``or any institution or organization receiving Federal
financial assistance,'' before the word ``shall''. | Anti-Terrorism Explosives Control Act of 2001 - Rewrites Federal criminal code provisions regarding the purchase of explosives to create a new "limited permit" category. Prohibits a holder of a limited permit from: (1) transporting, shipping, causing to be transported, or receiving in interstate or foreign commerce any explosive materials; or (2) receiving explosive materials from a licensee or permittee whose premises are located within the holder's State of residence on more than four separate occasions.Requires license, user permit, and limited permit applicants to include the names of and identifying information regarding all employees who will possess explosive materials, as well as fingerprints and a photograph. Makes each limited permit valid for no longer than one year.Prohibits certain categories of individual from being approved for licenses or permits. Requires an applicant for a limited permit to certify in writing that he or she will not receive explosive materials on more than four separate occasions during the period for which the limited permit is valid.Prohibits: (1) the distribution of explosive materials to persons committed to a mental institution; and (2) the distribution to, or possession of explosive materials by, certain aliens, persons dishonorably discharged from the armed forces, or persons who have renounced their U.S. citizenship.Requires licensed manufacturers, licensed importers, and those who manufacture or import explosive materials or ammonium nitrate to furnish samples and relevant information when required by the Secretary.Sets penalties for the destruction of property of institutions receiving Federal financial assistance. | {"src": "billsum_train", "title": "To combat terrorism and defend the Nation against terrorist acts involving the illegal acquisition of explosives by dangerous criminals, and for other purposes."} | 2,582 | 348 | 0.598722 | 1.741977 | 0.81459 | 3.8 | 8.080702 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Relief Act
of 2002''.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS.
(a) Requirements Applicable to the Director of OMB.--Section
3504(c) of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act''), is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(6) publish in the Federal Register and make available on the
Internet (in consultation with the Small Business Administration)
on an annual basis a list of the compliance assistance resources
available to small businesses, with the first such publication
occurring not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2002.''.
(b) Establishment of Agency Point of Contact.--Section 3506 of
title 44, United States Code, is amended by adding at the end the
following:
``(i)(1) In addition to the requirements described in subsection
(c), each agency shall, with respect to the collection of information
and the control of paperwork, establish 1 point of contact in the
agency to act as a liaison between the agency and small business
concerns (as defined in section 3 of the Small Business Act (15 U.S.C.
632)).
``(2) Each point of contact described under paragraph (1) shall be
established not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2002.''.
(c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3)(J), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) in addition to the requirements of this chapter regarding
the reduction of information collection burdens for small business
concerns (as defined in section 3 of the Small Business Act (15
U.S.C. 632)), make efforts to further reduce the information
collection burden for small business concerns with fewer than 25
employees.''.
SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION AND
DISSEMINATION.
(a) In General.--Chapter 35 of title 44, United States Code, is
amended--
(1) by redesignating section 3520 as section 3521; and
(2) by inserting after section 3519 the following:
``Sec. 3520. Establishment of task force on information collection and
dissemination
``(a) There is established a task force to study the feasibility of
streamlining requirements with respect to small business concerns
regarding collection of information and strengthening dissemination of
information (in this section referred to as the `task force').
``(b)(1) The Director shall determine--
``(A) subject to the minimum requirements under paragraph (2),
the number of representatives to be designated under each
subparagraph of that paragraph; and
``(B) the agencies to be represented under paragraph (2)(K).
``(2) After all determinations are made under paragraph (1), the
members of the task force shall be designated by the head of each
applicable department or agency, and include--
``(A) 1 representative of the Director, who shall convene and
chair the task force;
``(B) not less than 2 representatives of the Department of
Labor, including 1 representative of the Bureau of Labor Statistics
and 1 representative of the Occupational Safety and Health
Administration;
``(C) not less than 1 representative of the Environmental
Protection Agency;
``(D) not less than 1 representative of the Department of
Transportation;
``(E) not less than 1 representative of the Office of Advocacy
of the Small Business Administration;
``(F) not less than 1 representative of the Internal Revenue
Service;
``(G) not less than 2 representatives of the Department of
Health and Human Services, including 1 representative of the
Centers for Medicare and Medicaid Services;
``(H) not less than 1 representative of the Department of
Agriculture;
``(I) not less than 1 representative of the Department of the
Interior;
``(J) not less than 1 representative of the General Services
Administration; and
``(K) not less than 1 representative of each of 2 agencies not
represented by representatives described under subparagraphs (A)
through (J).
``(c) The task force shall--
``(1) identify ways to integrate the collection of information
across Federal agencies and programs and examine the feasibility
and desirability of requiring each agency to consolidate
requirements regarding collections of information with respect to
small business concerns within and across agencies, without
negatively impacting the effectiveness of underlying laws and
regulations regarding such collections of information, in order
that each small business concern may submit all information
required by the agency--
``(A) to 1 point of contact in the agency;
``(B) in a single format, such as a single electronic
reporting system, with respect to the agency; and
``(C) with synchronized reporting for information
submissions having the same frequency, such as synchronized
quarterly, semiannual, and annual reporting dates;
``(2) examine the feasibility and benefits to small businesses
of publishing a list by the Director of the collections of
information applicable to small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)), organized--
``(A) by North American Industry Classification System
code;
``(B) by industrial sector description; or
``(C) in another manner by which small business concerns
can more easily identify requirements with which those small
business concerns are expected to comply;
``(3) examine the savings, including cost savings, and develop
recommendations for implementing--
``(A) systems for electronic submissions of information to
the Federal Government; and
``(B) interactive reporting systems, including components
that provide immediate feedback to assure that data being
submitted--
``(i) meet requirements of format; and
``(ii) are within the range of acceptable options for
each data field;
``(4) make recommendations to improve the electronic
dissemination of information collected under Federal requirements;
``(5) recommend a plan for the development of an interactive
Governmentwide system, available through the Internet, to allow
each small business to--
``(A) better understand which Federal requirements
regarding collection of information (and, when possible, which
other Federal regulatory requirements) apply to that particular
business; and
``(B) more easily comply with those Federal requirements;
and
``(6) in carrying out this section, consider opportunities for
the coordination--
``(A) of Federal and State reporting requirements; and
``(B) among the points of contact described under section
3506(i), such as to enable agencies to provide small business
concerns with contacts for information collection requirements
for other agencies.
``(d) The task force shall--
``(1) by publication in the Federal Register, provide notice
and an opportunity for public comment on each report in draft form;
and
``(2) make provision in each report for the inclusion of--
``(A) any additional or dissenting views of task force
members; and
``(B) a summary of significant public comments.
``(e) Not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2002, the task force shall
submit a report of its findings under subsection (c) (1), (2), and (3)
to--
``(1) the Director;
``(2) the chairpersons and ranking minority members of--
``(A) the Committee on Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate;
and
``(B) the Committee on Government Reform and the Committee
on Small Business of the House of Representatives; and
``(3) the Small Business and Agriculture Regulatory Enforcement
Ombudsman designated under section 30(b) of the Small Business Act
(15 U.S.C. 657(b)).
``(f) Not later than 2 years after the date of enactment of the
Small Business Paperwork Relief Act of 2002, the task force shall
submit a report of its findings under subsection (c) (4) and (5) to--
``(1) the Director;
``(2) the chairpersons and ranking minority members of--
``(A) the Committee on Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate;
and
``(B) the Committee on Government Reform and the Committee
on Small Business of the House of Representatives; and
``(3) the Small Business and Agriculture Regulatory Enforcement
Ombudsman designated under section 30(b) of the Small Business Act
(15 U.S.C. 657(b)).
``(g) The task force shall terminate after completion of its work.
``(h) In this section, the term `small business concern' has the
meaning given under section 3 of the Small Business Act (15 U.S.C.
632).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
item relating to section 3520 and inserting the following:
``3520. Establishment of task force on information collection and
dissemination.
``3521. Authorization of appropriations.''.
SEC. 4. REGULATORY ENFORCEMENT REPORTS.
(a) Definition.--In this section, the term ``agency'' has the
meaning given that term under section 551 of title 5, United States
Code.
(b) In General.--
(1) Initial report.--Not later than December 31, 2003, each
agency shall submit an initial report to--
(A) the chairpersons and ranking minority members of--
(i) the Committee on Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the
Senate; and
(ii) the Committee on Government Reform and the
Committee on Small Business of the House of
Representatives; and
(B) the Small Business and Agriculture Regulatory
Enforcement Ombudsman designated under section 30(b) of the
Small Business Act (15 U.S.C. 657(b)).
(2) Final report.--Not later than December 31, 2004, each
agency shall submit a final report to the members and officer
described under paragraph (1) (A) and (B).
(3) Content.--The initial report under paragraph (1) shall
include information with respect to the 1-year period beginning on
October 1, 2002, and the final report under paragraph (2) shall
include information with respect to the 1-year period beginning on
October 1, 2003, on each of the following:
(A) The number of enforcement actions in which a civil
penalty is assessed.
(B) The number of enforcement actions in which a civil
penalty is assessed against a small entity.
(C) The number of enforcement actions described under
subparagraphs (A) and (B) in which the civil penalty is reduced
or waived.
(D) The total monetary amount of the reductions or waivers
referred to under subparagraph (C).
(4) Definitions in reports.--Each report under this subsection
shall include definitions selected at the discretion of the
reporting agency of the terms ``enforcement actions'', ``reduction
or waiver'', and ``small entity'' as used in the report.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Small Business Paperwork Relief Act of 2002 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget, annually, to publish in the Federal Register and make available on the Internet a list of the regulatory compliance assistance resources available to small businesses. Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses.Requires each agency to make efforts to further reduce the information collection burden for small businesses with fewer than 25 employees.Establishes a task force to: (1) identify ways to integrate the collection of information across Federal agencies and programs; (2) examine the feasibility and benefits of publishing a list of the collections of information applicable to small businesses; (3) recommend a plan for the development of an interactive Government-wide system regarding the collection of information as it applies to small business; and (4) report on its findings and recommendations to the Director, specified congressional committees, and the Small Business and Agriculture Regulatory Enforcement Ombudsman.Requires each agency with Federal regulatory authority to submit an initial and final report to the Ombudsman and specified congressional committees on: (1) the number of enforcement actions in which a civil penalty is assessed; (2) the number of such actions against a small entity; (3) the number of actions in which the penalty is reduced or waived; and (4) the total monetary amount of the reductions or waivers. | {"src": "billsum_train", "title": "A bill to amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small business concerns with certain Federal paperwork requirements, to establish a task force to examine information collection and dissemination, and for other purposes."} | 2,567 | 319 | 0.612507 | 1.777891 | 0.817727 | 4.278351 | 8.66323 | 0.931271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kick Start to College Act''.
SEC. 2. TAX CREDIT MATCH OF CONTRIBUTIONS TO COVERDELL EDUCATION
SAVINGS ACCOUNTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. CREDIT MATCH OF CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS
ACCOUNTS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle an amount equal to the aggregate
contributions of the taxpayer for the taxable year to a qualified
higher education subaccount which is established for the benefit of any
qualified beneficiary of the taxpayer.
``(b) Dollar Limitation.--
``(1) In general.--The credit allowed to a taxpayer by
subsection (a) with respect to each qualified beneficiary for
the taxable year shall not exceed the applicable amount.
``(2) Applicable amount.--For purposes of paragraph (1)--
``(A) In general.--The applicable amount with
respect to each qualified beneficiary for any taxable
year is the lesser of--
``(i) $1,000, or
``(ii) $6,000, reduced (but not below zero)
by the aggregate amount of the credits allowed
under this section with respect to the
qualified beneficiary for all preceding taxable
years.
In the case of a qualified beneficiary who has attained
the age of 7 before the close of the taxable year,
clause (ii) shall be applied by substituting `$5,000'
for `$6,000'. The preceding sentence shall not apply to
a qualified beneficiary who attains the age of 7 before
January 1, 2007.
``(B) Reduction based on adjusted gross income.--
The applicable amount determined under subparagraph (A)
for any taxable year shall be reduced (but not below
zero) by the amount which bears the same ratio to the
applicable amount as the--
``(i) taxpayer's modified adjusted gross
income (as defined in section 530(c)(2)) for
such taxable year in excess of $95,000
($190,000 in the case of a joint return), bears
to
``(ii) $15,000 ($30,000 in the case of a
joint return).
``(c) Qualified Beneficiary.--For purposes of this section, the
term `qualified beneficiary' means the designated beneficiary of the
Coverdell education savings account who is a qualifying child of the
taxpayer (within the meaning of section 32(c)(3), determined without
regard to subclause (II) of subparagraph (B)(i) thereof).
``(d) Payment of Credit.--
``(1) In general.--Notwithstanding any other provision of
this title, any amount allowed as a credit under subsection (a)
(determined without regard to paragraph (2)) with respect to
any contributions to a qualified higher education subaccount
established for the benefit of a qualified beneficiary shall be
deposited by the Secretary into the qualified higher education
subaccount.
``(2) Coordination with deposits.--With respect to any
taxable year, the aggregate amount which would (but for this
subsection) be allowed as a credit to the eligible taxpayer
under this section with respect to each qualified beneficiary
shall be reduced (but not below zero) by the aggregate amount
deposited under paragraph (1) with respect to such beneficiary
for such taxable year.
``(3) Required information.--With respect to each qualified
beneficiary, no credit shall be allowed under this section to a
taxpayer who does not include on the return of tax for the
taxable year--
``(A) the identification number for any Coverdell
education savings account of the qualified beneficiary,
``(B) such information regarding the administrator
of such account as the Secretary may prescribe, and
``(C) the amount paid by the taxpayer during the
taxable year to any qualified higher education
subaccount established within the Coverdell education
savings accounts for the benefit of such qualified
beneficiary.
``(e) Marital Status; Certain Married Individuals Living Apart.--
Rules similar to the rules of paragraphs (2), (3), and (4) of section
21(e) shall apply for purposes of this section.
``(f) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Modifications to Coverdell Education Savings Account
Provisions.--Section 530 of the Internal Revenue Code of 1986 (relating
to Coverdell education savings accounts) is amended by adding at the
end the following new subsection:
``(i) Qualified Higher-Education Subaccounts.--
``(1) In general.--The trustee of a Coverdell education
savings account may elect to allow individuals to elect to
establish, and make contributions to, a qualified higher
education subaccount within the account.
``(2) Treatment of subaccount.--
``(A) In general.--Amounts in the subaccount shall
be treated in the same manner as amounts in the
Coverdell education savings account, except that such
amounts shall be held exclusively for the purpose of
paying qualified higher education expenses (as defined
in section 529(e)(3)), including amounts described in
subsection (b)(2)(B).
``(B) Application of limit.--For purposes of
applying the limit under subsection (b)(1)(A)(iii)--
``(i) contributions to a qualified higher
education subaccount and other contributions to
the Coverdell education savings account shall
be aggregated, and
``(ii) payments to the subaccount by the
Secretary under section 36(d)(1) shall not be
taken into account.
``(C) Treatment of distributions.--For purposes of
subsection (d)--
``(i) In general.--In determining whether
distributions from a qualified higher education
subaccount exceed the qualified education
expenses of the designated beneficiary, only
expenses described in subparagraph (A) shall be
taken into account.
``(ii) Rollovers.--Any amount paid or
distributed out of a qualified higher education
subaccount shall be treated as a rollover
contribution under subsection (d)(5) only if it
is paid to another such subaccount within the
required time period.
``(iii) Distributions not used for
qualified expenses.--If any amount paid or
distributed out of a qualified higher education
subaccount which is allocable to a payment to
the subaccount by the Secretary under section
36(d)(1) (and earnings thereon) exceeds the
qualified education expenses of the designated
beneficiary (determined after application of
clause (i))--
``(I) such amount shall not be
includible in gross income, but
``(II) the tax imposed by this
chapter for the taxable year of the
taxpayer who receives the payment or
distribution shall be increased by 100
percent of the amount of the excess.
For purposes of the preceding sentence,
payments or distributions shall be treated as
having been made first from payments under
section 36(d)(1) (and earnings thereon). This
clause shall not apply to payments or
distributions described in clause (i) or (ii)
of subsection (d)(4)(B).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following new items:
``Sec. 36. Credit match of contributions to Coverdell education savings
accounts.
``Sec. 37. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Kick Start to College Act - Amends the Internal Revenue Code to allow parents a tax credit for contributions to a qualified higher education subaccount established under a Coverdell education savings account to pay their childrens' higher education expenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage college savings by providing a Federal income tax credit to match contributions to Coverdell education savings accounts, and for other purposes."} | 1,835 | 54 | 0.474653 | 1.057855 | 0.635293 | 3.121951 | 39.512195 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Campaign Integrity
Act''.
SEC. 2. PROHIBITION ON USE OF LABOR ORGANIZATION DUES AND FEES FOR
POLITICAL ACTIVITIES.
Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441b) is amended by adding at the end the following new subsection:
``(c)(1) Notwithstanding any other provision of this Act or any
other law, it shall be unlawful for a labor organization to use dues or
fees--
``(A) to make contributions or expenditures with respect to
any Federal election; or
``(B) to support or promote any political activity or
organization.
``(2) As used in this subsection, the term `dues or fees' means,
with respect to a labor organization, any amount of dues or fees
required to be paid to such labor organization by reason of the
employment of the individual who pays the dues or fees.''.
SEC. 3. PROHIBITION OF PERSONAL LOANS BY CANDIDATES TO THEIR CAMPAIGNS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for Federal office may not make any loan to a
campaign committee of the candidate or otherwise provide reimbursable
financial support for the campaign of the candidate.''.
SEC. 4. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE
CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO
OTHER PERSONS.
(a) Persons Generally.--Section 315(a)(1)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by
striking out ``$1,000'' and inserting in lieu thereof ``$2,000''.
(b) Multicandidate Political Committees.--Section 315(a)(2)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is
amended by striking out ``$5,000'' and inserting in lieu thereof
``$2,000''.
SEC. 5. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN IN-STATE INDIVIDUAL RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 3, is further amended by adding at the end
the following new subsection:
``(j)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to an election, accept contributions from persons other than
in-State individual residents totaling the same as, or in excess of,
the total of contributions accepted from in-State individual residents.
``(2) As used in this subsection, the term `in-State individual
resident' means an individual who resides in the State in which the
congressional district involved is located.''.
SEC. 6. SOFT MONEY OF POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``soft money of political parties
``Sec. 323. (a) A national committee of a political party,
including the national congressional campaign committees of a political
party, and any officers or agents of such party committees, shall not
solicit or receive any contributions, donations, or transfers of funds,
or spend any funds, not subject to the limitations, prohibitions, and
reporting requirements of this Act. This subsection shall apply to any
entity that is established, financed, maintained, or controlled by a
national committee of a political party, including the national
congressional campaign committees of a political party, and any
officers or agents of such party committees.
``(b)(1) Any amount expended or disbursed by a State, district, or
local committee of a political party, during a calendar year in which a
Federal election is held, for any activity which might affect the
outcome of a Federal election, including but not limited to any voter
registration and get-out-the-vote activity, any generic campaign
activity, and any communication that identifies a Federal candidate
(regardless of whether a State or local candidate is also mentioned or
identified) shall be made from funds subject to the limitations,
prohibitions and reporting requirements of this Act.
``(2) Paragraph (1) shall not apply to expenditures or
disbursements made by a State, district or local committee of a
political party for--
``(A) a contribution to a candidate other than for Federal
office, provided that such contribution is not designated or
otherwise earmarked to pay for activities described in
paragraph (1);
``(B) the costs of a State or district/local political
convention;
``(C) the non-Federal share of a State, district or local
party committee's administrative and overhead expenses (but not
including the compensation in any month of any individual who
spends more than 20 percent of his or her time on activity
during such month which may affect the outcome of a Federal
election). For purposes of this provision, the non-Federal
share of a party committee's administrative and overhead
expenses shall be determined by applying the ratio of the non-
Federal disbursements to the total Federal expenditures and
non-Federal disbursements made by the committee during the
previous presidential election year to the committee's
administrative and overhead expenses in the election year in
question;
``(D) the costs of grassroots campaign materials, including
buttons, bumper stickers, and yard signs, which materials
solely name or depict a State or local candidate; or
``(E) the cost of any campaign activity conducted solely on
behalf of a clearly identified State or local candidate,
provided that such activity is not a get-out-the-vote activity
or any other activity covered by paragraph (1).
``(3) Any amount spent by a national, State, district or local
committee or entity of a political party to raise funds that are used,
in whole or in part, to pay the costs of any activity covered by
paragraph (1) shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act. This paragraph
shall apply to any entity that is established, financed, maintained, or
controlled by a State, district or local committee of a political party
or any agent or officer of such party committee in the same manner as
it applies to that committee.
``(c) No national, State, district or local committee of a
political party shall solicit any funds for or make any donations to
any organization that is exempt from Federal taxation under section
501(c) of the Internal Revenue Code of 1986.
``(d)(1) No candidate for Federal office, individual holding
Federal office, or any agent of such candidate or officeholder, may
solicit or receive (A) any funds in connection with any Federal
election unless such funds are subject to the limitations, prohibitions
and reporting requirements of this Act; (B) any funds that are to be
expended in connection with any election for other than a Federal
election unless such funds are not in excess of the amounts permitted
with respect to contributions to Federal candidates and political
committees under section 315(a) (1) and (2), and are not from sources
prohibited from making contributions by this Act with respect to
election for Federal office. This paragraph shall not apply to the
solicitation or receipt of funds by an individual who is a candidate
for a non-Federal office if such activity is permitted under State law
for such individual's non-Federal campaign committee.
``(2)(A) No candidate for Federal office or individual holding
Federal office may directly or indirectly establish, maintain, finance
or control any organization described in section 501(c) of the Internal
Revenue Code of 1986 if such organization raises funds from the public.
``(B) No candidate for Federal office or individual holding Federal
office may raise funds for any organization described in section 501(c)
of the Internal Revenue Code of 1986 if the activities of the
organization include voter registration or get-out-the-vote campaigns.
``(C) For purposes of this paragraph, an individual shall be
treated as holding Federal office if such individual--
``(i) holds a Federal office; or
``(ii) holds a position described in level I of the
Executive Schedule under 5312 of title 5, United States
Code.''.
SEC. 7. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following new subsection:
``(d) Political Committees.--(1) A political committee other than a
national committee of a political party, any congressional campaign
committee of a political party, and any subordinate committee of
either, to which section 325(b)(1) applies shall report all receipts
and disbursements.
``(2) Any political committee other than the committees of a
political party shall report any receipts or disbursements that are
used in connection with a Federal election.
``(3) If a political committee has receipts or disbursements to
which this subsection applies from any person aggregating in excess of
$200 for any calendar year, the political committee shall separately
itemize its reporting for such person in the same manner as required in
subsection (b) (3)(A), (5), or (6).
``(4) Reports required to be filed under this subsection shall be
filed for the same time periods required for political committees under
subsection (a).''.
(b) Reports by State Committees.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by subsection
(a), is further amended by adding at the end the following new
subsection:
``(e) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(c) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is
amended--
(A) by striking out ``and'' at the end of
subparagraph (H);
(B) by inserting ``and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A))
is amended--
(A) by striking out ``within the calendar year'';
and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
SEC. 8. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 7, is further amended by adding at the end
the following new subsection:
``(f) Election Activity of Persons Other Than Political Parties.--
(1)(A)(i) If any person to which section 325 does not apply makes (or
obligates to make) disbursements for activities described in section
325(b)(1) in excess of $2,000, such person shall file a statement--
``(I) within 48 hours after the disbursements (or
obligations) are made; or
``(II) in the case of disbursements (or obligations) that
are required to be made within 20 days of the election, within
24 hours after such disbursements (or obligations) are made.
``(ii) An additional statement shall be filed each time additional
disbursements aggregating $2,000 are made (or obligated to be made) by
a person described in clause (i).
``(B) This paragraph shall not apply to--
``(i) a candidate or a candidate's authorized committees;
or
``(ii) an independent expenditure (as defined in section
301(17)).
``(2) Any statement under this section shall be filed with the
Commission and shall contain such information as the Commission shall
prescribe, including whether the disbursement is in support of, or in
opposition to, 1 or more candidates or any political party.''. | Congressional Campaign Integrity Act - Amends the Federal Election Campaign Act of 1971 to prohibit the use of labor organization dues and fees for contributions or expenditures in any Federal election or to promote any political activity or organization.
(Sec. 3) Prohibits candidates for Federal office from making any loans to their campaigns.
(Sec. 4) Increases the contribution limitation applicable to individuals. Decreases the limitation on multicandidate political committee contributions to be equal to the limitation applicable in the preceding.
(Sec. 5) Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress from accepting contributions from individuals other than in-State individual residents which total the same as, or in excess of, the total of contributions accepted from in-State individual residents.
(Sec. 6) Limits soft money contributions and expenditures of political parties.
(Sec. 7) Sets forth reporting requirements concerning political committees. Allows a State political party committee to file a State report in lieu of any report required to be filed by this Act, if the Federal Election Commission determines such reports contain substantially the same information.
(Sec. 8) Modifies reporting requirements concerning soft money for election activity aggregating in excess of $2,000 disbursed or obligated by any individual other than political parties. | {"src": "billsum_train", "title": "Congressional Campaign Integrity Act"} | 2,958 | 300 | 0.621986 | 1.777632 | 0.830979 | 4 | 10.351779 | 0.916996 |
OF INTERCIRCUIT CONFLICTS.
(a) Special Panel.--Section 46 of title 28, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 46. Assignment of judges; panels; hearings; Intercircuit Court;
quorum'';
(2) in subsection (d)--
(A) by redesignating such subsection as subsection
(e); and
(B) by striking ``paragraph (c)'' and inserting
``subsections (c) and (d)''; and
(3) by inserting after subsection (c) the following:
``(d)(1) The judges of the Courts of Appeals for the Ninth and
Twelfth Circuits whose official duty stations are in the State of
California shall constitute the Intercircuit California En Banc Court.
The Intercircuit Court shall convene as necessary to resolve any
conflict between a decision of the Court of Appeals for the Ninth
Circuit and a decision of the Court of Appeals for the Twelfth Circuit
that results or is likely to result in the imposition of inconsistent
or otherwise nonuniform Federal law within the State of California.
``(2) An appeal or other proceeding shall be reheard by the
Intercircuit Court upon a majority vote of the judges of that court who
are in regular active service. Any judge of the Intercircuit Court who
is in regular active service may request a vote to determine whether a
decision of the Court of Appeals of which that judge is a member should
be ordered reheard by the Intercircuit Court. The appropriateness of
rehearing by the Intercircuit Court may be suggested by a party, but a
vote of the Intercircuit Court to order rehearing shall not be taken
unless requested by a judge of the Intercircuit Court who is in regular
active service and who is a member of the Court of Appeals in which the
appeal or other proceeding is pending.
``(3) Rehearing by the Intercircuit Court shall not be favored and
ordinarily shall be considered only when the failure to resolve a
conflict described in paragraph (1) would be unusually burdensome to
the administration of Federal law within the State of California.
``(4) The clerk of the Court of Appeals for the Ninth Circuit, and
the clerk of the Court of Appeals for the Twelfth Circuit, shall,
during alternate 2-year periods, serve as the clerk of the Intercircuit
Court and shall provide such services as are needed by the Intercircuit
Court.''.
(b) Conforming Amendment.--The item relating to section 46 in the
table of sections at the beginning of chapter 3 of title 28, United
States Code, is amended to read as follows:
``46. Assignment of judges; panels; hearing; Intercircuit Court;
quorum.''.
SEC. 4. ASSIGNMENT AND SENIORITY OF JUDGES.
(a) Active Service Judges.--
(1) New ninth circuit.--Each circuit judge in regular
active service of the former ninth circuit whose official duty
station on the day before the effective date of this Act is in
Alaska, Idaho, Montana, Oregon, Washington, Hawaii, Guam, the
Northern Mariana Islands, or the Northern or Eastern District
of California is assigned as a circuit judge of the new ninth
circuit as of such effective date.
(2) Twelfth circuit.--Each circuit judge in regular active
service of the former ninth circuit whose official duty station
on the day before the effective date of this Act is in Arizona,
Nevada, or the Central or Southern District of California is
assigned as a circuit judge of the twelfth circuit as of such
effective date.
(b) Senior Judges.--Each judge who is a senior judge of the former
ninth circuit on the day before the effective date of this Act may
elect to be assigned to the new ninth circuit or to the twelfth circuit
and shall notify the Director of the Administrative Office of the
United States Courts of such election.
(c) Seniority.--The seniority of each judge--
(1) who is assigned under subsection (a), or
(2) who elects to be assigned under subsection (b),
shall run from the date of the commission of such judge as a judge of
the former ninth circuit.
SEC. 5. PENDING PROCEEDINGS.
The following applies to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this Act been in full force and effect at
the time such appeal was taken or other proceeding commenced,
and further proceedings in respect of the case shall be had in
the same manner and with the same effect as if the appeal or
other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after the effective date as provided in paragraph (1) of
this section, shall be treated in the same manner and with the
same effect as though this Act had not been enacted. If a
petition for rehearing en banc is granted, the matter shall be
reheard by a court comprised as though this Act had not been
enacted.
SEC. 6. TRANSITIONAL PROVISION.
The new ninth circuit and the twelfth circuit shall be deemed to be
a single circuit for purposes of sections 291(a) and 292(a) of title
28, United States Code, with respect to any judge serving in the former
ninth circuit on the day before the effective date of this Act.
SEC. 7. DEFINITIONS.
As used in sections 4, 5, and 6--
(1) the term ``former ninth circuit'' means the ninth
judicial circuit of the United States as in existence on the
day before the effective date of this Act;
(2) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 2(a)(2); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 2(a)(3).
SEC. 8. ADMINISTRATIVE ACTIONS.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act. Such court shall cease
to exist for administrative purposes on July 1, 1997.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1994. | Ninth Circuit Court of Appeals Reorganization Act of 1993 - Divides the current U.S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit, composed of the States of Alaska, Idaho, Montana, Oregon, Washington, Hawaii, Guam, the Northern Mariana Islands, and the Northern and Eastern Districts of California, consisting of 14 judges, and holding regular sessions in San Francisco, Portland, and Seattle; and (2) the Twelfth Circuit, composed of the States of Arizona, Nevada, and the Central and Southern Districts of California, consisting of 14 judges, and holding regular sessions in Los Angeles, Reno, and Phoenix.
Designates the judges of the Courts of Appeals for the Ninth and Twelfth Circuits whose official duty stations are in California as the Intercircuit California En Banc Court which shall convene as necessary to resolve any conflict between decisions of the Courts of Appeals for the Ninth and Twelfth Circuits that results or is likely to result in the imposition of inconsistent or otherwise nonuniform Federal law within California. Establishes procedures regarding rehearings by, and service as the clerk of, the Intercircuit Court.
Sets forth provisions regarding: (1) assignment and seniority of judges in the Ninth and Twelfth Circuits; (2) pending proceedings; and (3) transition.
Makes this Act effective October 1, 1994. | {"src": "billsum_train", "title": "Ninth Circuit Court of Appeals Reorganization Act of 1993"} | 1,563 | 312 | 0.664414 | 2.236825 | 0.578067 | 4.269962 | 5.498099 | 0.840304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Software Disclosure Act of
2008''.
SEC. 2. PROHIBITING USE OF UNCERTIFIED ELECTION-DEDICATED VOTING SYSTEM
TECHNOLOGIES; DISCLOSURE REQUIREMENTS.
(a) In General.--Section 301(a) of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end the
following new paragraph:
``(7) Prohibiting use of uncertified election-dedicated
voting system technologies; disclosure requirements.--
``(A) In general.--A voting system used in an
election for Federal office in a State may not at any
time during the election contain or use any election-
dedicated voting system technology--
``(i) which has not been certified by the
State for use in the election; and
``(ii) which has not been deposited with
the appropriate State and local election
officials to be held in escrow and disclosed in
accordance with this paragraph.
``(B) Requirement for and restrictions on
disclosure.--A State or local election official with
whom an election-dedicated voting system technology has
been deposited shall--
``(i) hold the technology in escrow; and
``(ii) disclose technology and information
regarding the technology to another person if--
``(I) the person is a qualified
person described in subparagraph (C)
who has entered into a nondisclosure
agreement with respect to the
technology which meets the requirements
of subparagraph (D); or
``(II) the official is required to
disclose the technology to the person
under State law, in accordance with the
terms and conditions applicable under
such law.
``(C) Qualified persons described.--With respect to
the disclosure of election-dedicated voting system
technology by an election official under subparagraph
(B)(ii)(I), a `qualified person' is any of the
following:
``(i) A governmental entity with
responsibility for the administration of voting
and election-related matters for purposes of
reviewing, analyzing, or reporting on the
technology.
``(ii) A party to pre- or post-election
litigation challenging the result of an
election or the administration or use of the
technology used in an election, including but
not limited to election contests or challenges
to the certification of the technology, or an
expert for a party to such litigation, for
purposes of reviewing or analyzing the
technology to support or oppose the litigation,
and all parties to the litigation shall have
access to the technology for such purposes.
``(iii) A person not described in clause
(i) or (ii) who reviews, analyzes, or reports
on the technology solely for an academic,
scientific, technological, or other
investigation or inquiry concerning the
accuracy or integrity of the technology.
``(D) Requirements for nondisclosure agreements.--A
nondisclosure agreement entered into with respect to an
election-dedicated voting system technology meets the
requirements of this subparagraph if the agreement--
``(i) is limited in scope to coverage of
the technology disclosed under subparagraph (B)
and any trade secrets and intellectual property
rights related thereto;
``(ii) does not prohibit a signatory from
entering into other nondisclosure agreements to
review other technologies under this paragraph;
``(iii) exempts from coverage any
information the signatory lawfully obtained
from another source or any information in the
public domain;
``(iv) remains in effect for not longer
than the life of any trade secret or other
intellectual property right related thereto;
``(v) prohibits the use of injunctions
barring a signatory from carrying out any
activity authorized under subparagraph (C),
including injunctions limited to the period
prior to a trial involving the technology;
``(vi) is silent as to damages awarded for
breach of the agreement, other than a reference
to damages available under applicable law;
``(vii) allows disclosure of evidence of
crime, including in response to a subpoena or
warrant;
``(viii) allows the signatory to perform
analyses on the technology (including by
executing the technology), disclose reports and
analyses that describe operational issues
pertaining to the technology (including
vulnerabilities to tampering, errors, risks
associated with use, failures as a result of
use, and other problems), and describe or
explain why or how a voting system failed or
otherwise did not perform as intended; and
``(ix) provides that the agreement shall be
governed by the trade secret laws of the
applicable State.
``(E) Election-dedicated voting system technology
defined.--For purposes of this paragraph:
``(i) In general.--The term `election-
dedicated voting system technology' means the
following:
``(I) The source code used for the
trusted build and its file signatures.
``(II) A complete disk image of the
pre-build, build environment, and any
file signatures to validate that it is
unmodified.
``(III) A complete disk image of
the post-build, build environment, and
any file signatures to validate that it
is unmodified.
``(IV) All executable code produced
by the trusted build and any file
signatures to validate that it is
unmodified.
``(V) Installation devices and
software file signatures.
``(ii) Exclusion.--Such term does not
include `commercial-off-the-shelf' software and
hardware defined under under the 2005 voluntary
voting system guidelines adopted by the
Commission under section 222.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to each election for Federal office held after the
date of the enactment of this Act. | Election Software Disclosure Act of 2008 - Amends the Help America Vote Act of 2002 to prohibit a voting system used in a state in a federal election from containing or using any election-dedicated voting system technology: (1) which has not been certified by the state for such use; and (2) which has not been deposited with the appropriate state and local election officials to be held in escrow and disclosed in accordance with this Act.
Requires a state or local election official with whom an election-dedicated voting system technology has been deposited to: (1) hold it in escrow; and (2) disclose information regarding it to a qualified person who has entered into a nondisclosure agreement meeting certain requirements with respect to the technology, or if state law requires such disclosure. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to prohibit the use in any election for Federal office of any election-dedicated voting system technology which has not been certified for use in the election by the State which will administer the election and to establish the standards under which such technology and information regarding the technology may be disclosed, and for other purposes."} | 1,323 | 173 | 0.708996 | 2.01369 | 0.765381 | 4.10596 | 8 | 0.953642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Chippewa Tribe Judgment
Fund Distribution Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) On January 22, 1948, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red
Lake Band, filed a claim before the Indian Claims Commission in
Docket No. 19 for an accounting of all funds received and
expended pursuant to the Act of January 14, 1889, 25 Stat. 642,
and amendatory acts (hereinafter referred to as the Nelson
Act).
(2) On August 2, 1951, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red
Lake Band, filed a number of claims before the Indian Claims
Commission in Docket No. 188 for an accounting of the
Government's obligation to each of the member bands of the
Minnesota Chippewa Tribe under various statutes and treaties
that are not covered by the Nelson Act of January 14, 1889.
(3) On May 17, 1999, a Joint Motion for Findings in Aid of
Settlement of the claims in Docket No. 19 and 188 was filed
before the Court.
(4) The terms of the settlement were approved by the Court
and the final judgment was entered on May 26, 1999.
(5) On June 22, 1999, $20,000,000 was transferred to the
Department of the Interior and deposited into a trust fund
account established for the beneficiaries of the funds awarded
in Docket No. 19 and 188.
(6) The funds awarded in Docket No. 19 and 188 represent
additional compensation that would have been distributed per
capita under the Nelson Act if the funds had been deposited
into the permanent account established in the U.S. Treasury for
the Chippewa Indians of Minnesota. Hence, the judgment funds
shall be divided pro rata among the Bands based upon the number
of members enrolled with each Band.
(7) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is
required to submit to Congress for approval an Indian judgment
fund use or distribution plan.
(b) Purpose.--It is the purpose of this Act to provide for the fair
and equitable division of the judgment funds among the Bands and to
provide each Band the opportunity to develop a use and distribution
plan for its share of the funds.
SEC. 3. DEFINITIONS.
For the purpose of this Act:
(1) Available funds.--The term ``available funds'' means
the funds awarded to the Minnesota Chippewa Tribe and interest
earned and received on those funds, less the funds used for
payment of attorney fees and litigation expenses.
(2) Bands.--The term ``Bands'' means the Bois Forte Band,
Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille
Lacs Band, and White Earth Band.
(3) Judgment funds.--The term ``judgment funds'' means the
funds awarded on May 29, 1999, to the Minnesota Chippewa Tribe
by the Court of Federal Claims in Docket No. 19 and 188.
(4) Minnesota chippewa tribe.--The term ``Minnesota
Chippewa Tribe'' means the Minnesota Chippewa Tribe, Minnesota
composed of the Bois Forte Band, Fond du Lac Band, Grand
Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth
Band. It does not include Red Lake Band of Chippewa Indians,
Minnesota.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LOAN REIMBURSEMENTS TO CERTAIN BANDS.
(a) In General.--(1) The Secretary is authorized to reimburse each
Band the amount of funds plus interest earned to the date of
reimbursement that the Band contributed for payment of litigation
expenses and expert witness fees associated with the litigation of
Docket No. 19 and 188 before the U.S. Court of Federal Claims.
(2) Reimbursement to a Band shall only be for litigation expenses
and expert witness fees incurred prior to June 22, 1999.
(b) Claims.--The Band's claim for reimbursement of funds expended
shall be--
(1) presented to the Secretary within 90 days of the date
of enactment of this Act,
(2) itemized and supported by invoices and receipts,
(3) certified by the Band as being unreimbursed to the Band
from other funding sources, and
(4) paid with interest calculated at the rate of 5.5
percent per annum, simple interest, from the date the funds
were expended to the date the funds are reimbursed to the Band.
(c) Review.--The Secretary shall review the claims and determine if
the fees and expenses are properly documented and incurred in the
litigation of the claims before the Court in Docket No. 19 and 188. All
claims approved by the Secretary for reimbursement to the Band shall be
paid from the judgment funds prior to the division of the funds under
section 5.
SEC. 5. DIVISION OF JUDGMENT FUNDS.
(a) Membership Rolls.--The Bands shall update their membership
rolls to include all enrolled members living on the date of enactment
of this Act. The membership rolls shall be subject to the review and
approval of the Secretary.
(b) Divisions.--After all funds have been reimbursed as provided
under section 4, and the membership rolls have been updated, reviewed,
and approved under subsection (a) of this section, the Secretary shall
divide the available judgment funds among the Bands in proportion to
the number of members enrolled with each Band.
(c) Separate Accounts.--The Secretary shall establish a separate
account for each Band and deposit each Band's proportionate share of
the available judgment funds into their respective account.
SEC. 6. DEVELOPMENT OF TRIBAL PLANS FOR THE USE OR DISTRIBUTION OF
FUNDS.
(a) Distribution Plans.--The Secretary shall have no more than 180
days from the date that the funds are divided among the Bands under
section 5 to prepare and submit to the Congress, in a manner otherwise
consistent with the Indian Tribal Judgment Funds Use or Distribution
Act (25 U.S.C. 1401 et seq.), separate plans for the use and
distribution of each Band's respective share of the available funds.
(b) Withdrawal.--Once a distribution plan becomes effective in
accordance with subsection (a), a Band may withdraw all or part of the
monies in its account in accordance with the Band's distribution plan.
(c) Liability.--If a Band exercises the right to withdraw monies
from its account, the Secretary shall not retain any liability for the
expenditure or investment of the monies withdrawn.
SEC. 7. GENERAL PROVISIONS.
(a) Previous Obligations.--Funds disbursed under this Act shall not
be liable for the payment of previously contracted obligations of any
recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)).
(b) Indian Judgment Funds Distributed Act.--All funds distributed
under this Act are subject to the provisions in the Indian Judgment
Funds Distributed Act (25 U.S.C. 1407). | Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2007 - Authorizes the Secretary of the Interior to reimburse to each of the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band the amount of funds plus interest earned to the date of reimbursement that each Band contributed for payment of litigation expenses and expert witness fees associated with the litigation of Docket No. 19 and Docket No. 188 before the U.S. Court of Federal Claims.
Provides for reimbursement to a Band only for litigation expenses and expert witness fees incurred prior to June 22, 1999.
Requires that a Band's claim for reimbursement of expended funds be certified by the Band as being unreimbursed to it from other funding sources.
Requires the Secretary to review the claims and determine if the fees and expenses are properly documented and incurred in the litigation of the claims before the Court in Docket Nos. 19 and 188.
Requires the Bands to update their membership rolls to include all living enrolled members. Subjects the membership rolls to the review and approval of the Secretary.
Sets forth provisions for the: (1) division of the judgment funds; and (2) development of separate tribal plans for the use and distribution of such funds. | {"src": "billsum_train", "title": "To provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe, et al., by the United States Court of Federal Claims in Docket Numbers 18 and 188, and for other purposes."} | 1,663 | 290 | 0.655023 | 2.314312 | 0.718324 | 6.008197 | 5.860656 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility for Champion Schools
Act''.
SEC. 2. STATE WAIVERS.
Section 1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the
following:
``(L) Waivers.--
``(i) In general.--The Secretary shall
grant each State that meets the requirements of
clause (ii) a waiver of all provisions of this
Act related to adequate yearly progress.
``(ii) Requirements.--The requirements
referred to in clause (i) are as follows:
``(I) The State establishes
academic content standards in reading,
writing, and mathematics, and tests in
such subjects--
``(aa) in reading and
mathematics, in grades 3
through 8 and at least once in
secondary school; and
``(bb) in writing, at least
once in elementary school,
middle school, and secondary
school.
``(II) The State establishes
academic content standards in the
categories of science, and United
States history and civics, and tests at
least once in each such category in
elementary school, middle school, and
secondary school.
``(III) The State makes available
to the public the results of all such
testing, in the aggregate and
disaggregated by groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965
(except in a case in which the number
of students in a group is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student), for--
``(aa) each local
educational agency located
within the State; and
``(bb) each elementary
school, middle school, and
secondary school served by such
local educational agency.
``(IV) The State sets pass-rate
goals on such tests that each school
and local educational agency shall
meet. These goals shall be determined
by the State educational agency and
shall not be subject to change or
modification by the Department as part
of the process of granting a waiver
under this subparagraph.
``(V) The State shall determine the
conditions under which students with
disabilities and students who are
limited English proficient take State
tests or alternative assessments. Such
determinations by the State shall
comply with the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.).
``(VI) The State holds schools and
local educational agencies accountable
for meeting its pass-rate goals. The
State shall take actions to address
achievement gaps on State tests
affecting groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965.
The State shall determine the
consequences for schools and local
educational agencies that fail to meet
the pass-rate goals set by the State,
and the State's determination of
consequences shall not be subject to
change or modification by the
Department as part of the process of
granting a waiver under this
subparagraph.
``(VII) The State shall determine
goals for secondary school graduation
rates and a State's determination of
the State's goals and the types of
diplomas the State issues shall not be
reviewable by the Department.''. | Flexibility for Champion Schools Act - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), to direct the Secretary of Education to grant to any State a waiver of all ESEA provisions related to adequate yearly progress (AYP) if that State: (1) establishes academic content standards and tests in specified subjects at specified grades; (2) makes available to the public all such testing results, in the aggregate and disaggregated by certain groups of students, for each local educational agency (LEA) and school; (3) sets pass-rate goals for each LEA and school; (4) determines conditions under which students with disabilities and limited-English-proficient students take State tests or alternative assessments, provided this complies with the Individuals with Disabilities Education Act (IDEA); (5) holds LEAs and schools accountable for meeting pass-rate goals, including determining consequences for schools and LEAs that fail to meet such goals, and addresses achievement gaps on State tests affecting certain groups of students; and (6) determines goals for secondary school graduation rates. | {"src": "billsum_train", "title": "A bill to provide States that meet certain requirements with waivers of the adequate yearly progress provisions of the Elementary and Secondary Education Act of 1965."} | 739 | 239 | 0.589846 | 1.704528 | 0.886811 | 2.327189 | 3.271889 | 0.852535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Utah Valley Electric
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Distribution fixture land.--The term ``distribution
fixture land'' means the Federal land or interests in Federal
land--
(A) on which fixtures are located on the date of
enactment of this Act; and
(B) that are unencumbered by other Strawberry
Valley Project features, to a maximum corridor width of
30 feet on each side of the centerline of the power
lines of the fixtures as in existence on the date of
enactment of this Act.
(2) District.--The term ``District'' means the South Utah
Valley Electric Service District, which is organized under the
laws of the State of Utah.
(3) Electric distribution system.--The term ``Electric
Distribution System'' means fixtures, irrigation or power
facilities land, distribution fixture land, and shared power
poles.
(4) Fixture.--The term ``fixture'' means any power pole,
cross-member, wire, insulator, or associated fixture (including
any substation) that--
(A) comprises the portions of the Strawberry Valley
Project power distribution system that--
(i) are rated at a voltage of 12.5
kilovolts; and
(ii) were constructed with Strawberry
Valley Project revenues; and
(B) any fixture described in subparagraph (A) that
is located on Federal land or an interest in Federal
land.
(5) Irrigation or power facilities land.--The term
``irrigation or power facilities land'' means any Federal land
or interest in Federal land--
(A) on which fixtures are located on the date of
enactment of this Act; and
(B) that is encumbered by other Strawberry Valley
Project irrigation or power features, including land
underlying the Strawberry Substation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Shared power pole.--The term ``shared power pole''
means 1 or more poles that comprise the portions of the
Strawberry Valley Project Power Transmission System that--
(A) are rated at a voltage of 46.0-kilovolts;
(B) are owned by the United States; and
(C) support fixtures.
SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.
(a) In General.--If the Strawberry Water Users Association conveys
to the District the interest of the Strawberry Water Users Association,
if any, to the Electric Distribution System by the contract dated April
7, 1986, and the District agrees to assume from the United States all
liability for administration, operation, maintenance, and replacement
of the Electric Distribution System, the Secretary shall, in accordance
with this Act convey and assign to the District for no additional
consideration--
(1) all right, title, and interest of the United States in
and to--
(A) all fixtures owned by the United States as part
of the Electric Distribution System; and
(B) the distribution fixture land;
(2) a license for use of the shared power poles to continue
to own, operate, maintain, and replace Electric Distribution
Fixtures attached to the shared power poles; and
(3) a license for use and access for purposes of operation,
maintenance, and replacement across, over, and along--
(A) all project land and interests in irrigation
and power facilities land on which the Electric
Distribution System is located on the date of enactment
of this Act that is necessary for other Strawberry
Valley Project facilities, including land underlying
the Strawberry Substation, if the ownership of the
underlying land or interest in land be retained by the
United States; and
(B) any corridors in which Federal land and
interests in land that--
(i) are abutting public streets and roads;
and
(ii) would provide access that would
facilitate operation, maintenance, and
replacement of facilities.
(b) Compliance With Environmental Laws.--
(1) In general.--Before conveying the land, interests in
land, and fixtures under subsection (a)(1), the Secretary shall
comply with all applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the conveyed land
and facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 4. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under section 3(a)(1)--
(1) the conveyed and assigned land and facilities shall no
longer be part of a Federal reclamation project;
(2) the District shall not be entitled to receive any
future Bureau or Reclamation benefits with respect to the
conveyed and assigned land and facilities, except for benefits
that would be available to other non-Bureau of Reclamation
facilities; and
(3) the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to the
land and facilities, but shall continue to be liable for
damages caused by acts of negligence committed by the United
States or by any employee or agent of the United States before
the date of conveyance, consistent with chapter 171 of title
28, United States Code.
SEC. 5. REPORT.
If a conveyance required under section 3(a) is not completed by the
date that is 2 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance. | South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, if the Strawberry Water Users Association conveys its interest, if any, in an electric distribution system to the South Utah Valley Electric Service District, and the District agrees to assume from the United States all liability for the administration, operation, maintenance, and replacement of the electric distribution system, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located; (2) license for use of the shared power poles; and (3) a license for use and access to all Strawberry Valley Project land and interests in irrigation and power facilities lands on which the electric distribution system is located that are necessary for other Project facilities, including land underlying the Strawberry Substation, if the ownership of such underlying land or interest is retained by the United States, and any corridors in which federal land and interests are abutting public streets and roads and would provide access to those facilities. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes."} | 1,347 | 229 | 0.70726 | 2.141807 | 0.671148 | 4.92891 | 5.810427 | 0.966825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Cities Act of 2009''.
SEC. 2. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME ZONES.
Title XXI of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14061 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle E--Coordination With Federal Agencies to Curb Violent Crime
``SEC. 21501. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME
ZONES.
``(a) Definitions.--In this section the following definitions shall
apply:
``(1) Governor.--The term `Governor' means a Governor or
other chief executive officer of a State or the Mayor of the
District of Columbia.
``(2) Violent and drug crime zone.--The term `Violent and
Drug Crime Zone' means a metropolitan area within a State or
multiple States that is designated as having rates of
homicides, violent felonies, sex offenses, drug and gang-
related crimes that are high in proportion to the national
average rates of such crimes, as determined by the most recent
available data of the Federal Bureau of Investigation and the
National Incident Based Reporting System maintained by the
uniform crime reporting program of the Federal Bureau of
Investigation. For purposes of the previous sentence, rates of
a crime for an area shall be treated as high in proportion to
the national average rates of such crime if such rates for the
area are greater than 5 times the national average rates.
``(3) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(b) Violent and Drug Crime Zones.--
``(1) Designation.--The Attorney General, after
consultation with the Governor of each appropriate State and
with relevant Federal agencies, may designate as a Violent and
Drug Crime Zone, any specified area that is located within 1 or
more States, based on the criteria for designation under
paragraph (4).
``(2) Assistance and coordination.--In order to provide
Federal assistance to Violent and Drug Crime Zones, the
Attorney General shall, upon consultation with appropriate
State and relevant local and Federal law enforcement agencies--
``(A) establish a drug and violent crime
intervention team in each Violent and Drug Crime Zone,
which will consist of local, State, and relevant
Federal law enforcement authorities, for the
coordinated investigation, apprehension, and
prosecution of criminal activity in such zone;
``(B) ensure the establishment of a Safe Cities
Task Force described in subsection (c) for each Violent
and Drug Crime Zone;
``(C) coordinate with appropriate Federal agencies
the temporary reassignment of personnel to the
intervention team established under subparagraph (A);
``(D) provide funding or create funding partnership
opportunities with one or more States for the operation
of such intervention teams; and
``(E) require reporting from such intervention
teams to share intelligence and best practices.
``(3) Composition of drug and violent crime intervention
teams.--Each drug and violent crime intervention team
established pursuant to paragraph (2)(A) shall consist of
agents and officers, where feasible, from--
``(A) the Federal Bureau of Investigation;
``(B) the Drug Enforcement Administration;
``(C) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives; and
``(D) other relevant Federal agencies, as
determined by the Attorney General in consultation with
local law enforcement agencies in the relevant area
designated under paragraph (1).
``(4) Criteria for designation.--In considering an area for
designation as a Drug and Violent Crime Zone under this
section, the Attorney General shall consider--
``(A) the current levels of homicides, violent
crimes, sex crimes, and drug-related and gang-related
crimes in the zone;
``(B) the extent to which State and local law
enforcement agencies have committed and need additional
resources to respond to the crimes described in
subparagraph (A);
``(C) the extent to which a significant increase in
the allocation of Federal resources would enhance local
response to the crimes described in subparagraph (A);
and
``(D) any other criteria deemed appropriate by the
Attorney General.
``(5) Training and transfer of best practices.--Federal
agency personnel who participate in a drug and violent crime
intervention team under this subsection shall, as a condition
of such participation, develop and submit to the Attorney
General best practice reports. The Attorney General shall
provide for such best practice reports, as well as other
intelligence and knowledge-transfer opportunities, to be shared
with State and local law enforcement agencies to enable such
agencies to replicate the best practices of the intervention
teams.
``(c) Safe Cities Task Forces.--
``(1) In general.--There shall be established, for each
Violent and Drug Crimes Zone, a Safe Cities Task Force.
``(2) Membership.--Each Safe Cities Task Force, with
respect to a Violent and Drug Crimes Zone, shall consist of not
more than 8 members, including the Mayor involved, Chief of
Police or equivalent, Governor of the applicable State, the
city attorney (or equivalent) involved, and representatives
from Federal law enforcement agencies as determined appropriate
by the Attorney General.
``(3) Duties.--The duties of each Safe Cities Task Force
shall include the following:
``(A) Oversight of funding expenditures related to
the creation and work of the drug and violent crime
intervention team for the zone involved.
``(B) Assistance with coordination of such
intervention team.
``(C) Outreach to affected communities within the
zone served by such intervention team, as needed.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund such sums as
may be necessary to carry out this section.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY-BASED JUSTICE
GRANTS FOR PROSECUTORS.
(a) In General.--Section 31707 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as
follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $15,000,000 for each of the fiscal years 2010 through 2013
.''.
(b) Increase in Prosecutors for Intervention Team Efforts.--Section
31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) adding at the end the following new paragraph:
``(6) to fund programs that would increase the number of
prosecutors available to work with efforts of drug and violent
crime intervention teams under section 21501, as determined
necessary by the Attorney General in consultation with
appropriate Federal agencies and local law enforcement.''.
SEC. 4. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE-
WIDE CRIME PREVENTION DATABASES.
Subtitle I of title XXXII of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the end the following
new section:
``SEC. 320936. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH
STATE-WIDE CRIME PREVENTION DATABASES.
``(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to establish and maintain a State-wide database to
track criminals, arrests, prosecutions, and convictions.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''. | Safe Cities Act of 2009 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate a Violent and Drug Crime Zone (i.e., a metropolitan area with a higher than average rate of homicides, violent felonies, sex offenses, and drug and gang-related crimes) in each state; (2) establish a drug and violent crime intervention team and a Safe Cities Task Force in each Zone, consisting of state and local law enforcement officials, to coordinate the investigation, apprehension, and prosecution of criminal activity; (3) require the use of grant funds under such Act to increase the number of prosecutors available to work with drug and violent crime intervention teams; and (4) require the Office of Justice Programs of the Department of Justice (DOJ) to award grants to states to establish and maintain a state-wide database to track criminals, arrests, prosecutions, and convictions. | {"src": "billsum_train", "title": "To amend the Violent Crime Control and Law Enforcement Act of 1994 to reduce the rate of occurrence of homicides and violent crimes in violent and drug crime zones."} | 1,883 | 214 | 0.599648 | 1.577848 | 0.764183 | 4.181319 | 9.153846 | 0.93956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Protection Warnings Act of
1993''.
SEC. 2. REFERENCE.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provisions, the
reference shall be considered to be made to a section or other
provision of the Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
SEC. 3. FINDINGS.
The Congress finds that--
(1) the absence of uniform warnings for personal protective
equipment for occupational use risks causes confusion among
employers and their employees concerning the proper use and
limitations of such equipment and increases worker exposure to
workplace injuries and illnesses from lack of proper worker
training and consequent misuse of such equipment; and
(2) the absence of Federal standards specifying warnings
for personal protective equipment for occupational uses leaves
questions as to the adequacy of such warnings to be determined
by different and frequently inconsistent State requirements,
prohibitions, and court decisions, placing an undue burden on
interstate commerce in such equipment.
SEC. 4. STATEMENT OF PURPOSE.
It is the purpose of this Act to--
(1) increase workplace safety by enhancing employer and
employee understanding of the proper use and limits of personal
protective equipment for occupational use through occupational
safety and health standards that establish specific coherent
and effective uniform warnings for such equipment; and
(2) expressly preempt the application of any State
standards, requirements, or prohibitions, whether established
by statute, regulation, court decisions or otherwise, in any
determination of the adequacy of such uniform warnings.
SEC. 5. UNIFORM WARNINGS FOR PERSONAL PROTECTIVE EQUIPMENT FOR
OCCUPATIONAL USE.
Section 6 (29 U.S.C. 655) is amended by adding at the end the
following new subsection:
``(h)(1) Not later than 12 months after the date of enactment of
this subsection, the Secretary, in consultation with the Director of
the National Institute of Occupational Safety and Health, shall issue a
final regulation establishing, as occupational safety and health
standards, uniform warnings for personal protective equipment for
occupational use.
``(2) For purposes of this Act--
``(A) the term `personal protective equipment' means
equipment intended for use by workers in a workplace subject to
this Act to protect the eyes, face, head, hearing, extremities,
or respiratory tract from workplace hazards or to function as
protective clothing, as a protective shield or barrier, as
personal fall arrest or ladder safety devices, or as safety and
health monitoring and instrumentation devices; and
``(B) the term `warning' means any statement that--
``(i) directs or describes one or more actions,
procedures, or prohibitions relating to the use of
personal protective equipment; and
``(ii) if not complied with, may result in personal
injury or death to the user of the equipment.
``(3) Each standard promulgated under paragraph (1) shall prescribe
the full text of each warning described in such paragraph and the means
by which the manufacturer or other seller of the personal protective
equipment shall communicate each such warning to the employer using
such equipment.
``(4) Each standard issued under paragraph (1) for personal
protective equipment shall--
``(A) require the employer to communicate each prescribed
warning to each employee using the personal protective
equipment, and to train, educate and instruct each such
employee in--
``(i) the proper use of such personal protective
equipment;
``(ii) how each such warning applies in such
employer's workplace and such employee's work
environment; and
``(iii) the consequences of failing to observe each
such warning;
``(B) become effective 6 months after the date on which
such standards is published in the Federal Register; and
``(C) exempt from coverage under such standard warnings for
personal protective equipment placed in interstate commerce by
its manufacturer before the date such standard becomes
effective unless such manufacturer or other seller of such
equipment communicates the prescribed warnings to the employer
using the equipment as required in such standard.
``(5) The Secretary, in promulgating standards pursuant to
paragraph (1), shall consider such factors as the experience of
manufacturers using particular warnings and the means of communication
of such warnings, as well as the opinions of workers, human factors
experts, the National Institute of Occupational Safety and Health, and
other experts as to the effectiveness of such warnings and respective
means of communication. Information on such factors and opinions shall
be submitted as written data and comments during submission under
subsection (b)(2) of this section.''.
SEC. 6. PREEMPTION.
(a) In General.--Section 4 (29 U.S.C. 653) is amended by adding at
the end the following:
``(c) Nothing is this section shall be construed to negate the
intent of Congress to occupy or regulate the entire field of warnings
for personal protective equipment for occupational use.''.
(b) Other Standards.--Section 18 (29 U.S.C. 667) is amended by
adding at the end the following new subsection:
``(i)(1) After an occupational safety and health standard issued
under section 6(h) becomes effective, no State, or political
subdivision of a State, may, by legislation, regulation, court
decision, or otherwise establish or continue in effect, any standard,
requirement, or prohibition for any personal protective equipment which
has the force and effect of law which is different from, or in addition
to, any requirement set forth in any occupational safety and health
standard promulgated by the Secretary under section 6(h).
``(2) Notwithstanding the provisions of subsection (c)(2), the
Secretary may not approve a plan submitted by a State under subsection
(b), or any modification thereof, if such plan includes any requirement
that is different from, or is in addition to, any requirement set forth
in any occupational safety and health standard promulgated by the
Secretary under section 6(h).''. | Worker Protection Warnings Act of 1993 - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary of Labor to issue a final regulation establishing, as occupational safety and health standards, uniform warnings for personal protective equipment for occupational use. Requires such regulation to be issued within 12 months after enactment of this Act, meet certain conditions, and incorporate specified considerations.
Preempts State and local law with respect to such standards. | {"src": "billsum_train", "title": "Worker Protection Warnings Act of 1993"} | 1,315 | 100 | 0.619417 | 1.605964 | 1.209558 | 3.771084 | 15.253012 | 0.807229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landfill Reduction Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that:
(1) While most forms of pollution are steadily being
reduced in the United States, solid waste discards are
projected to increase by 10 percent between 2000 and 2010,
based on Environmental Protection Agency data.
(2) American consumers and businesses spend an estimated $1
billion annually to dispose of cardboard boxes and low quality
shipping pallets.
(3) The cost of disposing of municipal solid waste has been
increasing at a 7 percent annual rate.
(4) There are regional shortages of solid waste disposal
capacity, and siting new facilities is contentious for local
governments. These conditions will be exacerbated by the growth
of solid waste discards.
(5) There are already spirited interstate disputes,
expressed in litigation and legislation, regarding efforts to
regulate interstate shipment of solid waste.
(6) Dozens of other nations are pursuing regulatory
approaches and surtaxes to reduce the amount of solid waste
from packaging.
(7) The Pollution Prevention Act of 1990 establishes a
hierarchy for handling waste, with source reduction and reuse
being preferable to recycling.
(8) It is in the national environmental and economic
interest to reaffirm and emphasize the Pollution Prevention Act
of 1990's priority on source reduction and reuse, without
resorting to new Federal regulatory requirements or new Federal
taxes.
(9) Emerging industry has the means to dramatically reduce
the amount of packaging waste, thereby conserving solid waste
disposal capacity, improving the environment, and reducing
unnecessary costs to consumers, local governments, and business
alike.
SEC. 3. PURPOSE.
The purpose of this Act is to provide tax incentives to encourage
the utilization of reusable wooden and plastic pallets and plastic
containers in order to fulfill the goals of the Pollution Prevention
Act of 1990, improve national environmental quality through reduced
solid waste, increase economic productivity by reducing the costs
associated with waste disposal, reduce inflationary pressures
associated with the escalating cost of waste disposal, reduce friction
among the States concerning interstate solid waste transportation, and
provide a cost-efficient nonregulatory model for addressing
environmental problems.
SEC. 4. INCREASE IN AGGREGATE COST OF REUSABLE PALLETS AND CONTAINERS
AND CERTAIN RELATED PROPERTY WHICH MAY BE EXPENSED.
(a) In General.--Section 179 of the Internal Revenue Code of 1986
(relating to election to expense certain depreciable business assets)
is amended by adding at the end the following new subsection:
``(e) Increased Expensing for Reusable Pallets and Containers and
Certain Related Property.--
``(1) In general.--The limitation under subsection (b)(1)
(after the application of paragraph (2) and before the
application of paragraph (3) of such subsection) shall not be
less than an amount equal to the lesser of--
``(A) $500,000, or
``(B) the cost of section 179 property which is
qualified reusable pallet and container property placed
in service during the taxable year.
``(2) Qualified reusable pallet and container property.--
For purposes of this subsection--
``(A) In general.--The term `qualified reusable
pallet and container property' means--
``(i) property designed exclusively to
manufacture reusable pallet and container
property,
``(ii) reusable pallet and container
property used exclusively to transport items
manufactured or produced by the taxpayer but
only if--
``(I) such transportation is under
an arrangement for the return of such
property to the taxpayer for reuse, and
``(II) such property does not
replace other reusable pallet and
container property,
``(iii) property designed exclusively for
purposes of inspecting, repairing, cleaning, or
maintaining reusable pallet and container
property and used exclusively for such purposes
with respect to reusable pallet and container
property owned or leased by the taxpayer,
``(iv) property designed exclusively to
accommodate the use, or enhance the efficiency,
of any reusable pallet and container property
associated with harvesting, packing, handling,
or storage of agricultural products, and
``(v) property which modifies a display for
the retail sale of an item exclusively for
purposes of permitting such item to be
displayed in the reusable pallet and container
property in which such item was transported.
``(B) Subsection not to apply to certain
vehicles.--The term `qualified reusable pallet and
container property' shall not include automobiles,
vessels, aircraft, trucks, forklifts, pallet jacks, or
rolling stock or other similar property.
``(3) Reusable pallet and container property.--For purposes
of this subsection, the term `reusable pallet and container
property' means any wooden or plastic pallet or plastic crate
which is under an arrangement for the repeated return of such
property to its initial purchaser, for long-term reuse.
``(4) Termination.--This subsection shall not apply to any
taxable year beginning after December 31, 2008.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Makes this Act inapplicable to any taxable year beginning after December 31, 2008. | {"src": "billsum_train", "title": "Landfill Reduction Act of 2000"} | 1,129 | 19 | 0.291644 | 0.695791 | -0.324524 | 5.933333 | 71.066667 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine for Lobbyists Act of
1993''.
SEC. 2. INFORMATION ON FINANCIAL BENEFITS.
(a) In General.--Each lobbyist shall make a semiannual report to
the Attorney General of a list of each individual financial benefit
provided directly or indirectly by the lobbyist (including a financial
benefit provided by a lobbyist employed by or a lobbyist who is a
member of a lobbyist) to a covered legislative branch official, to an
entity that is established, maintained, controlled, or financed by a
covered legislative branch official, or to any other person or entity
on behalf of or in the name of a covered legislative branch official,
disclosing--
(1) with respect to each financial benefit other than one
described in paragraph (2), (3), (4), or (5)--
(A) the name and position of the covered
legislative branch official or other person or entity
to whom or which the financial benefit was provided;
(B) the nature of the financial benefit;
(C) the date on which the financial benefit was
provided; and
(D) the value of the financial benefit;
(2) with respect to each financial benefit that is in the
form of a widely attended reception in the District of Columbia
area to which covered legislative branch officials were
invited--
(A) the nature of the reception;
(B) the date on which the reception occurred; and
(C) a single aggregate figure for the expenses
incurred by the registrant in connection with the
reception;
(3) with respect to each financial benefit that is in the
form of a conference, retreat, or similar event for or on
behalf of covered legislative branch officials that is
sponsored by or affiliated with an official congressional
organization--
(A) the nature of the conference, retreat, or other
event;
(B) the date or dates on which the conference,
retreat, or other event occurred;
(C) the identity of the organization that sponsored
or is affiliated with the event; and
(D) a single aggregate figure for the expenses
incurred by the lobbyist in connection with the
conference, retreat, or similar event;
(4) with respect to each financial benefit that is in the
form of an event that is hosted or cohosted with or in honor of
1 or more covered legislative branch officials--
(A) the name and position of each such covered
legislative branch official;
(B) the nature of the event;
(C) the date on which the event occurred; and
(D) the expenses incurred by the lobbyist in
connection with the event; and
(5) with respect to each financial benefit that is in the
form of election campaign fundraising activity--
(A) the name and position of the covered
legislative branch official on behalf of whom the
fundraising activity was performed;
(B) the nature of the fundraising activity;
(C) the date or dates on which the fundraising
activity was performed;
(D) the expenses incurred by the lobbyist in
connection with the fundraising activity; and
(E) the number of contributions and the aggregate
amount of contributions known by the lobbyist to have
been made to the covered legislative branch official as
a result of the fundraising activity.
For purposes of paragraph (2), the term ``widely attended reception''
includes a reception open to members from throughout a given industry
or profession or open to individuals representing a range of persons
interested in a given matter.
(b) Notification.--Two weeks before filing a semi-annual report
under subsection (a), the lobbyist filing the report shall provide in
writing to any covered legislative branch official who will be listed
in the report with a complete list of the financial benefits provided,
directly or indirectly, to such official.
(c) Exemption.--A list described in subsection (a) need not
disclose financial benefits having a value of $20 or less to the extent
that the aggregate value of such financial benefits that are provided
to or on behalf of a covered legislative branch official or other
person or entity during the calendar year in which the semiannual
period covered by the report occurs has not exceeded $50.
SEC. 3. DEFINITIONS.
(1) The term ``lobbyist'' means any individual who is
employed or retained by another for financial or other
compensation to perform services that include lobbying
contacts, other than an individual whose lobbying activities
are only incidental to, and are not a significant part of, the
services provided by such individual to the client.
(2) The term ``client'' means any person who employs or
retains another person for financial or other compensation to
conduct lobbying activities on its own behalf. An organization
whose employees act as lobbyists on its behalf is both a client
and an employer of its employee lobbyists. In the case of a
coalition or association that employs or retains persons to
conduct lobbying activities on behalf of its membership, the
client is the coalition or association and not its individual
members.
(3) The term ``lobbying activities'' means lobbying
contacts and efforts in support of such contacts, including
preparation and planning activities, research and other
background work that is intended for use in contacts, and
coordination with the lobbying activities of others. Lobbying
activities include grass roots lobbying communications and
communications with members, as defined under section 4911
(d)(1)(A) and (d)(3) of the Internal Revenue Code of 1986 and
the regulations implementing such provisions, to the extent
that such activities are made in direct support of lobbying
contacts.
(4)(A) The term ``lobbying contact'' means any oral or
written communication with a covered legislative branch
official made on behalf of a client with regard to--
(i) the formulation, modification, or adoption of
Federal legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of
a Federal rule, regulation, Executive order, or any
other program, policy or position of the United States
Government; or
(iii) the administration or execution of a Federal
program or policy (including the negotiation, award, or
administration of a Federal contract, grant, loan,
permit, or license) except that it does not include
communications that are made to executive branch
officials in the agency responsible for taking such
action who serve in the Senior Executive Service, or
who are members of the uniformed services whose pay
grade is lower than O-9 under section 201 of title 37,
United States Code.
(B) The term shall not include communications that are--
(i) made by public officials acting in their
official capacity;
(ii) made by representatives of a media
organization who are primarily engaged in gathering and
disseminating news and information to the public;
(iii) made in a speech, article, publication or
other material that is widely distributed to the
public, or through the media;
(iv) made on behalf of a foreign principal and
disclosed under the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.);
(v) requests for appointments, requests for the
status of a Federal action, or other similar
ministerial contacts, if there is no attempt to
influence covered legislative branch officials;
(vi) made in the course of participation in an
advisory committee subject to the Federal Advisory
Committee Act;
(vii) testimony given before a committee,
subcommittee, or office of Congress, or submitted for
inclusion in the public record of a hearing conducted
by such committee, subcommittee, or office;
(viii) information provided in writing in response
to a specific written request from a covered
legislative branch official;
(ix) required by subpoena, civil investigative
demand, or otherwise compelled by statute, regulation,
or other action of Congress or a Federal agency;
(x) made in response to a notice in the Federal
Register, Commerce Business Daily, or other similar
publication soliciting communications from the public
and directed to the agency official specifically
designated in the notice to receive such
communications;
(xi) not possible to report without disclosing
information, the unauthorized disclosure of which is
prohibited by law;
(xii) made to agency officials with regard to
judicial proceedings, criminal or civil law enforcement
inquiries, investigations or proceedings, or filings
required by statute or regulation;
(xiii) made in compliance with written agency
procedures regarding an adjudication conducted by the
agency under section 554 of title 5, United States
Code, or substantially similar provisions;
(xiv) written comments filed in a public docket and
other communications that are made on the record in a
public proceeding;
(xv) a formal petition for agency action, made in
writing pursuant to established agency procedures; and
(xvi) made on behalf of an individual with regard
to such individual's benefits, employment, other
personal matters involving only that individual, or
disclosures by that individual pursuant to applicable
whistleblower statutes.
(5) The term ``covered legislative branch official''
means--
(A) a Member of Congress;
(B) an elected officer of Congress;
(C) any employee of a Member of the House of
Representatives, of a committee of the House of
Representatives, or on the leadership staff of the
House of Representatives;
(D) any employee of a Senator, of a Senate
Committee, or on the leadership staff of the Senate;
and
(E) any employee of a joint committee of the
Congress.
(6) The term ``financial benefit''--
(A) means anything of value given to, on behalf of,
or for the benefit of a covered legislative branch
official, including--
(i) a gift;
(ii) payment for local or long-distance
transportation, entertainment, food, or
lodging, whether provided in kind, by purchase
of a ticket, by payment in advance or by
reimbursement, or otherwise;
(iii) a contribution or other payment made
to a third party in lieu of an honorarium on
the basis of a designation, recommendation, or
other specification made by the covered
legislative branch official;
(iv) reimbursement of an expense;
(v) a loan; and
(vi) an expenditure made for a conference,
retreat, or other event benefiting a covered
person, but
(B) does not include--
(i) a contribution, as defined in the
Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), that is required to be reported
under that Act, unless the contribution is in
the form of participation in a fundraising
activity on behalf of a covered legislative
branch official, including the solicitation of
contributions, hosting or cohosting of a
fundraising event, or service on a campaign
steering committee or its equivalent;
(ii) a modest item of food or refreshments,
such as a soft drink, coffee, or doughnut,
offered other than as part of a meal;
(iii) a greeting card or other item of
little intrinsic value, such as a plaque,
certificate, or trophy, that is intended solely
for presentation;
(iv) financial benefits given under
circumstances which make it clear that the
benefits are motivated by a family relationship
rather than the position of the recipient; or
(v) financial benefits which are not used
and which are promptly returned to the donor. | Sunshine for Lobbyists Act of 1993 - Requires lobbyists to make semi-annual reports to the Attorney General of individual financial benefits provided to a covered legislative branch official, an entity that is established, maintained, or financed by such an official, or any person on behalf of such official that disclose specified information, including: (1) the name and position of the recipient, the nature and value of the benefit, and the date on which the benefit was provided; and (2) with respect to receptions, conferences affiliated with official congressional organizations, events hosted with or in honor of covered officials, or election campaign fund raising activities, the nature and date of, and expenses incurred by the lobbyist in connection with, the event.
Requires lobbyists, prior to filing such reports, to provide any covered official listed in the report with a list of the financial benefits provided to such official.
Exempts from disclosure any financial benefits having a value of $20 or less to the extent that the aggregate value of benefits provided to a covered official in the calendar year covered by the report has not exceeded $50. | {"src": "billsum_train", "title": "Sunshine for Lobbyists Act of 1993"} | 2,437 | 233 | 0.737551 | 2.268075 | 0.935242 | 3.732719 | 11.032258 | 0.930876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Assistance Act of
2005''.
SEC. 2. TAX CREDIT AGAINST RESIDENTIAL HEATING COSTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. CREDIT AGAINST RESIDENTIAL HEATING COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the amount paid or incurred during such
taxable year for residential heating costs.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of the credit allowed
to under subsection (a) to any taxpayer shall not exceed $500
for any taxable year.
``(2) Limitation based on adjusted gross income.--
``(A) In general.--The amount of the credit which
would (but for this paragraph) be taken into account
under subsection (a) for the taxable year shall be
reduced (but not below zero) by the amount determined
under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayers adjusted gross
income for such taxable year, over
``(II) the threshold amount, bears
to
``(ii) the phaseout amount.
``(C) Threshold amount.--For purposes of this
paragraph, the term `threshold amount' means--
``(i) $80,000 in the case of a joint
return,
``(ii) $65,000 in the case of a head of a
household, and
``(iii) $40,000 in any other case.
``(D) Phaseout amount.--For purposes of this
paragraph, the term `phaseout amount' means--
``(i) $20,000 in the case of a joint return
or a head of a household, and
``(ii) $10,000 in any other case.
``(3) Maximum credit per household.--
``(A) In general.--In the case of any household,
the credit under subsection (a) shall be allowed only
to the individual residing in such household who
furnishes the largest portion (whether or not more than
one-half) of the cost of maintaining such household.
``(B) Determination of amount.--In the case of an
individual described in subparagraph (A), such
individual shall, for purposes of determining the
amount of the credit allowed under subsection (a), be
treated as having paid or incurred during such taxable
year for increased residential heating costs an amount
equal to the sum of the amounts paid or incurred for
such heating costs by all individuals residing in such
household (including any amount allocable to any such
individual under subsection (d) or (e)).
``(c) Carryback of Credit.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the limitation under subsection
(b)(1) for such taxable year, such excess shall be allowed--
``(A) as a credit carryback to each of the 2
taxable years preceding such taxable year, and
``(B) as a credit carryforward to each of the 20
taxable years following such taxable year.
``(2) Amount carried to each year.--Rules similar to the
rules of section 39(b)(2) shall apply for purposes of this
section.
``(3) Limitation.--The amount of unused credit which may be
taken into account under paragraph (1) for any taxable year
shall not exceed the limitation under subsection (b)(1).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential heating costs.--The term `residential
heating costs' means costs incurred in connection with an
energy source used to heat a principal residence of the
taxpayer located in the United States.
``(2) Principal residence.--The term `principal residence'
has the same meaning as in section 121, except that--
``(A) no ownership requirement shall be imposed,
and
``(B) the principal residence must be used by the
taxpayer as the taxpayer's residence during the taxable
year.
``(3) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(4) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) residential heating costs paid by such
individual during such individual's taxable year shall
be treated for purposes of this section as paid by such
other taxpayer.
``(e) Homeowners Associations.--The application of this section to
homeowners associations (as defined in section 528(c)(1)) or members of
such associations, and tenant-stockholders in cooperative housing
corporations (as defined in section 216), shall be allowed by
allocation, apportionment, or otherwise, to the individuals paying,
directly or indirectly, for the increased residential heating cost so
incurred.
``(f) Applicability of Section.--This section shall apply to
taxable years beginning after December 31, 2005, and before January 1,
2007.''.
(b) Reduction in Withholding.--The Secretary of the Treasury--
(1) shall educate taxpayers on adjusting withholding of
taxes to reflect any anticipated tax credit under section 25E
of the Internal Revenue Code of 1986, and
(2) may adjust the wage withholding tables prescribed under
section 3402(a)(1) of such Code to take into account the credit
allowed under section 25E of such Code.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the item relating to section 35 and by
adding at the end the following new items:
``Sec. 25E. Credit against residential heating costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD OF ACCOUNTING BY LARGE
INTEGRATED OIL COMPANIES FOR LAST TAXABLE YEAR ENDING
BEFORE OCTOBER 1, 2005.
(a) General Rule.--Notwithstanding any other provision of law, an
applicable integrated oil company shall, in determining the amount of
Federal income tax imposed on such company for its most recent taxable
year ending on or before September 30, 2005, use the first-in, first-
out (FIFO) method of accounting rather than the last-in, last-out
(LIFO) method of accounting with respect to its crude oil inventories.
(b) Application of Requirement.--The requirement to use the first-
in, first-out (FIFO) method of accounting under subsection (a)--
(1) shall not be treated as a change in method of
accounting, and
(2) shall be disregarded in determining the method of
accounting required to be used in any succeeding taxable year.
(c) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which--
(1) had gross receipts in excess of $1,000,000,000 for its
most recent taxable year ending on or before September 30,
2005, and
(2) would, without regard to this section, use the last-in,
first-out (LIFO) method of accounting with respect to its crude
oil inventories for such taxable year.
For purposes of paragraph (1), all persons treated as a single employer
under subsections (a) and (b) of section 52 of the Internal Revenue
Code of 1986 shall be treated as 1 person. | Home Energy Assistance Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for residential heating costs paid in 2006. Allows a maximum credit of $500, but reduces or eliminates such credit for taxpayers at higher income levels.
Requires integrated oil companies with gross receipts in excess of $1 billion to use the first-in, first-out (FIFO) inventory accounting method for purposes of determining their current federal income tax liabilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit against residential heating costs."} | 1,936 | 99 | 0.441329 | 1.0979 | 0.277752 | 2.632184 | 19.954023 | 0.83908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Physician Ownership and
Referral Amendments of 1995''.
SEC. 2. MODIFICATIONS TO EXCEPTIONS FOR CERTAIN ARRANGEMENTS.
(a) Exceptions for Both Ownership and Compensation Arrangements.--
(1) Repeal of exception for physicians' services.--Section
1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is
amended by striking ``Subsection (a)(1) shall not apply in the
following cases'' and all that follows through paragraph (1).
(2) New exception for shared facility services.--Section
1877(b) of such Act (42 U.S.C. 1395nn(b)), as amended by
paragraph (1), is amended by inserting before paragraph (2) the
following new paragraph:
``(1) Shared facility services.--
``(A) In general.--Subsection (a)(1) shall not
apply in the case of a designated health service
consisting of a shared facility service of a shared
facility--
``(i) that is furnished--
``(I) personally by the referring
physician who is a shared facility
physician or personally by an
individual directly employed by such a
physician,
``(II) by a shared facility in a
building in which the referring
physician furnishes substantially all
of the services of the physician that
are unrelated to the furnishing of
shared facility services, and
``(III) to a patient of a shared
facility physician; and
``(ii) that is billed by the referring
physician.
``(B) Shared facility related definitions.--
``(i) Shared facility service.--The term
`shared facility service' means, with respect
to a shared facility, a designated health
service furnished by the facility to patients
of shared facility physicians.
``(ii) Shared facility.--The term `shared
facility' means an entity that furnishes shared
facility services under a shared facility
arrangement.
``(iii) Shared facility physician.--The
term `shared facility physician' means, with
respect to a shared facility, a physician who
has a financial relationship under a shared
facility arrangement with the facility.
``(iv) Shared facility arrangement.--The
term `shared facility arrangement' means, with
respect to the provision of shared facility
services in a building, a financial
arrangement--
``(I) which is only between
physicians who are providing services
(unrelated to shared facility services)
in the same building,
``(II) in which the overhead
expenses of the facility are shared, in
accordance with methods previously
determined by the physicians in the
arrangement, among the physicians in
the arrangement, and
``(III) which, in the case of a
corporation, is wholly owned and
controlled by shared facility
physicians.''.
(3) Inclusion of durable medical equipment and parenteral
and enteral nutrients, equipment, and supplies in exception for
in-office ancillary services.--Section 1877(b)(2) of such Act
(42 U.S.C. 1395nn(b)(2)) is amended by striking ``In the case
of'' and all that follows through ``supplies)'' and inserting
``Subsection (a)(1) shall not apply in the case of designated
health services''.
(4) New exception for capitated payments.--Section 1877(b)
of such Act (42 U.S.C. 1395nn(b)) is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) Other capitated payments.--Subsection (a)(1) shall
not apply in the case of a designated health service, if the
designated health service is included in the services for which
a physician or physician group is paid only on a capitated
basis by a health plan or insurer pursuant to a written
arrangement between the plan or insurer and the physician or
physician group in which the physician or physician group
assumes financial risk for the furnishing of the service.''.
(5) Conforming amendments.--Paragraphs (3) and (5) of
section 1877(b) of such Act (42 U.S.C. 1395nn(b)), as
redesignated by paragraph (4), are each amended by striking
``In the case of'' and inserting ``Subsection (a)(1) shall not
apply in the case of''.
(b) Revision of Exceptions for Certain Compensation Arrangements.--
(1) Exception for all arrangements meeting requirements.--
Section 1877(a)(2)(B) of such Act (42 U.S.C. 1395nn(a)(2)(B))
is amended--
(A) by striking ``except as provided in subsection
(e),''; and
(B) by striking ``entity.'' and inserting ``entity
which does not meet the requirements of subsection
(e).''.
(2) Requirements described.--Section 1877(e) of such Act
(42 U.S.C. 1395nn(e)) is amended to read to follows:
``(e) Requirements for Permissible Compensation Arrangements.--The
requirements under this subsection with respect to a compensation
arrangement are as follows:
``(1) The arrangement is in writing and is signed by all
parties to the arrangement.
``(2) The arrangement is consistent with fair market value.
``(3) The amount of compensation under the arrangement is
not determined in a manner that takes into account the volume
or value of any referrals or other business generated between
the parties.
``(4) The arrangement would be commercially reasonable even
if no referrals were made between the parties.
``(5) The services compensated or contracted for do not
exceed those that are reasonable and necessary for the
legitimate business purposes of the arrangement.
``(6) The arrangement meets such other requirements as the
Secretary may impose as needed to protect against program or
patient abuse.''.
SEC. 3. EXCLUSION OF INTRAOCULAR LENS, EYEGLASSES, AND CONTACT LENSES
FROM DESIGNATED HEALTH SERVICES SUBJECT TO PROHIBITIONS.
Section 1877(h)(6)(H) of the Social Security Act (42 U.S.C.
1395nn(h)(6)(H)) is amended by striking the period at the end and
inserting the following: ``, other than an intraocluar lens inserted
during or subsequent to cataract surgery, eyeglasses, or contact
lenses.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to referrals made on or
after January 1, 1996. | Medicare Physician Ownership and Referral Amendments of 1995 - Makes modifications under the Medicare program under title XVIII of the Social Security Act to the general exceptions to both ownership and compensation arrangement prohibitions with respect to physician referrals. Excepts shared facility services from such referral prohibitions. Revises exceptions for certain other compensation arrangements as well.
Excludes intraocular lens, eyeglasses, and contact lenses from designated health services subject to such prohibitions. | {"src": "billsum_train", "title": "Medicare Physician Ownership and Referral Amendments of 1995"} | 1,545 | 102 | 0.525924 | 1.269991 | 0.778008 | 2.9875 | 16.3 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Disclosure Act of 1995''.
SEC. 2. DISCLOSURES BY INSURERS TO APPLICANTS.
(a) Requirement To Provide Written Explanation or Notice of
Declination.--The Secretary of Housing and Urban Development shall, by
regulation, require that each insurer who, through the insurer, or an
agent or broker, declines a written application or written request to
issue an insurance policy under a designated line shall provide to the
applicant at the time of such declination, through such insurer, agent,
or broker, one of the following:
(1) A written explanation of the specific reasons for the
declination.
(2) Written notice that (A) the applicant may submit to the
insurer, agent, or broker, within 90 days of such notice, a
written request for a written explanation of the reasons for
the declination, and (B) pursuant to such a request, an
explanation shall be provided to the applicant within 21 days
after receipt of such request.
(b) Response to Request for Explanation.--If an insurer, agent, or
broker making a declination receives a written request referred to in
subsection (a)(2) within such 90-day period, the insurer, agent, or
broker shall provide a written explanation referred to in such
subsection within such 21-day period.
SEC. 3. DISCLOSURES BY INSURERS TO POLICYHOLDERS.
The Secretary of Housing and Urban Development shall, by
regulation, require that each insurer who cancels or refuses to renew
an insurance policy under a designated line shall provide to the
policyholder, in writing and within an appropriate period of time as
determined by the Secretary, the reasons for canceling or refusing to
renew the policy.
SEC. 4. CONSIDERATION OF MODEL ACTS.
In issuing regulations under sections 2 and 3, the Secretary shall
consider relevant portions of model acts developed by the National
Association of Insurance Commissioners.
SEC. 5. EFFECT ON STATE LAWS.
Sections 2 and 3 shall not be construed to annul, alter, or effect,
or exempt any insurer, agent, or broker subject to the provisions of
such sections from complying with any laws or requirements of any State
with respect to notifying insurance applicants or policyholders of the
reasons for declination or cancellation of, or refusal to renew
insurance, except to the extent that such laws or requirements are
inconsistent with such sections (or the regulations issued thereunder)
and then only to the extent of such inconsistency. The Secretary is
authorized to determine whether such inconsistencies exist and to
resolve issues regarding such inconsistencies. The Secretary may not
provide that any State law or requirement is inconsistent with section
2 or 3 if it imposes requirements equivalent to the requirements under
such sections or requirements that are more stringent or comprehensive,
in the determination of the Secretary.
SEC. 6. IMMUNITY.
In issuing regulations under sections 2 and 3, the Secretary shall
specifically consider the necessity of providing insurers, agents, and
brokers immunity solely for the act of conveying or communicating the
reasons for a declination or cancellation of, or refusal to renew
insurance on behalf of a principal making such decision. The Secretary
may provide for immunity under the regulations issued under sections 2
and 3 if the Secretary determines that such a provision is necessary
and in the public interest, except that the Secretary may not provide
immunity for any conduct that is negligent, reckless, or willful.
SEC. 7. DESIGNATION OF LINES OF INSURANCE.
(a) In General.--The Secretary shall, by regulation, designate
lines of insurance as designated lines for purposes of this Act, as
follows:
(1) Automobile.--The Secretary shall designate private
passenger automobile insurance and shall also designate any
sublines and coverage types of private passenger automobile
insurance that the Secretary considers appropriate for purposes
of this Act.
(2) Noncommercial insurance for residential property.--The
Secretary shall designate homeowners insurance and dwelling
fire and allied lines, and shall distinguish the coverage types
in such lines by the perils covered and by market or
replacement value, as the Secretary considers appropriate for
purposes of this Act. For purposes of this Act, homeowners
insurance shall not include any renters coverage or coverage
for the personal property of a condominium owner.
(b) Report.--At any time the Secretary determines that any line of
insurance not described in subsection (a) should be a designated line
because disparities in coverage provided under such line exist among
geographic areas having different income levels or racial composition,
the Secretary shall submit a report to the Congress recommending
designating such line of insurance as a designated line for purposes of
this Act.
(c) Duration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall make the designations under this section once
every 5 years, by regulation, and each line and subline or
coverage type designated under such regulations shall be
designated for the 5-year period beginning upon the issuance of
such regulations.
(2) Alteration.--During any 5-year period referred to in
paragraph (1) in which designations are in effect, the
Secretary may amend or revise the designated lines, sublines,
and coverage types only by regulation and only in accordance
with the requirements of this section. Such regulations
amending or revising designations shall apply only to that
portion of the 5-year period during which such amendment or
revision is made that remains after the expiration of the 6-
month period beginning on the date of issuance of the
regulations.
(d) Timing of Designations.--The Secretary shall make the
designations required by subsection (c)(1) and notify interested
parties during the 6-month period ending 6 months before the
commencement of the 5-year period to which such designations apply.
(e) Obtaining Information.--The Secretary may require insurers to
submit to the Secretary such information as the Secretary considers
necessary to make designations specifically required under this
section. The Secretary may not require insurers to submit any
information under this subsection that relates to any line of insurance
not specifically authorized to be designated pursuant to this section
or that is to be used solely for the purpose of a report under
subsection (b).
SEC. 8. STATE ENFORCEMENT.
The Secretary may authorize the States to enforce the requirements
under regulations issued under sections 2 and 3.
SEC. 9. ENFORCEMENT.
(a) Civil Penalties.--Any insurer who is determined by the
Secretary, after providing opportunity for a hearing on the record, to
have violated any requirement pursuant to this Act shall be subject to
a civil penalty of not to exceed $5,000 for each day during which such
violation continues.
(b) Injunction.--The Secretary may bring an action in an
appropriate United States district court for appropriate declaratory
and injunctive relief against any insurer who violates the requirements
referred to in subsection (a).
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) Agent.--The term ``agent'' means, with respect to an
insurer, an agent licensed by a State who sells property and
casualty insurance. The term includes agents who are employees
of the insurer, agents who are independent contractors working
exclusively for the insurer, and agents who are independent
contractors appointed to represent the insurer on a
nonexclusive basis.
(2) Designated line.--The term ``designated line'' means a
line of insurance designated by the Secretary under section 7.
(3) Insurance.--The term ``insurance'' means property and
casualty insurance. Such term includes primary insurance,
surplus lines insurance, and any other arrangement for the
shifting and distributing of risks that is determined to be
insurance under the law of any State in which the insurer or
insurer group engages in an insurance business.
(4) Insurer.--The term ``insurer'' means any corporation,
association, society, order, firm, company, mutual,
partnership, individual, aggregation of individuals, or any
other legal entity that is authorized to transact the business
of property or casualty insurance in any State or that is
engaged in a property or casualty insurance business. The term
does not include an individual or entity which represents an
insurer as agent solely for the purpose of selling or which
represents a consumer as a broker solely for the purpose of
buying insurance.
(5) Property and casualty insurance.--The term ``property
and casualty insurance'' means insurance against loss of or
damage to property, insurance against loss of income or extra
expense incurred because of loss of, or damage to, property,
and insurance against third party liability claims caused by
negligence or imposed by statute or contract. Such term does
not include workers' compensation, professional liability, or
title insurance.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) State.--The term ``State'' means any State, the
District of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa,
and the Trust Territory of the Pacific Islands.
SEC. 11. REGULATIONS.
(a) In General.--The Secretary shall issue any regulations required
under this Act and any other regulations that may be necessary to carry
out this Act. The regulations shall be issued through rulemaking in
accordance with the procedures under section 553 of title 5, United
States Code, for substantive rules. Except as otherwise provided in
this Act, the final regulations to carry out this Act shall be issued
not later than the expiration of the 18-month period beginning on the
date of the enactment of this Act and shall take effect upon issuance.
(b) Burdens.--In prescribing such regulations, the Secretary shall
take into consideration the administrative, paperwork, and other
burdens on insurance agents, including independent insurance agents,
involved in complying with the requirements of this Act and shall
minimize the burdens imposed by such requirements with respect to such
agents. | Insurance Disclosure Act of 1995 - Instructs the Secretary of Housing and Urban Development to require insurers to provide written disclosures to applicants and policyholders, stating the reasons for: (1) declining a written application; or (2) cancelling or refusing to renew an existing policy.
Authorizes the Secretary to provide immunity to insurers, agents, and brokers regarding their communication of a cancellation, denial, or nonrenewal of insurance.
Prescribes guidelines under which the Secretary shall designate certain lines of insurance.
Sets forth enforcement guidelines, including civil penalties and injunctive relief. | {"src": "billsum_train", "title": "Insurance Disclosure Act of 1995"} | 2,179 | 127 | 0.574775 | 1.658122 | 0.586791 | 2.383178 | 18.915888 | 0.831776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Domestic Employment
Tax Act of 1993''.
SEC. 2. INCREASE IN THRESHOLD LEVEL AT WHICH CASH REMUNERATION FOR
DOMESTIC SERVICES BECOMES SUBJECT TO SOCIAL SECURITY
EMPLOYMENT TAXES.
(a) Amounts Excluded From Wages Under the Social Security Act.--
Subparagraph (B) of section 209(a)(6) of the Social Security Act (42
U.S.C. 409(a)(6)(B)) is amended to read as follows:
``(B)(i) Cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a private
home of the employer, if the cash remuneration paid in such
year by the employer to the employee for such service is less
than the threshold amount determined under clause (ii) for such
year.
``(ii) The threshold amount for 1993 shall be $2,000. The
Secretary shall, on or after November 1 of 1993 and of every
year thereafter, determine and publish in the Federal Register
the threshold amount for the succeeding calendar year. Such
threshold amount shall be the larger of--
``(I) the amount in effect for the calendar year in
which the determination under this clause is made, or
``(II) the product of $2,000 and the ratio of the
deemed average total wages (as defined in section
209(k)(1)) for the calendar year before the year in
which the determination under this clause is made to
the deemed average total wages (as so defined) for
1991, with such product, if not a multiple of $10,
being rounded to the next higher multiple of $10 where
such amount is a multiple of $5 but not of $10 and to
the nearest multiple of $10 in any other case.
``(iii) As used in this subparagraph, the term `domestic
service in a private home of the employer' does not include
service described in section 210(f)(5).''.
(b) Amounts Excluded From Wages Under the Internal Revenue Code of
1986.--
(1) In general.--Subparagraph (B) of section 3121(a)(7) of
the Internal Revenue Code of 1986 (defining wages) is amended
to read as follows:
``(B) cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a
private home of the employer, if the cash remuneration
paid in such year by the employer to the employee for
such service is less than the threshold amount
determined under section 209(a)(6)(B)(ii) of the Social
Security Act for such year. As used in this
subparagraph, the term `domestic service in a private
home of the employer' does not include service
described in subsection (g)(5);''.
(2) Conforming amendment.--The second sentence of section
3102(a) of such Code (relating to deduction of tax from wages)
is amended--
(A) by striking ``calendar quarter'' each place it
appears and inserting ``calendar year'', and
(B) by striking ``$50'' and inserting ``the
threshold amount determined under section
209(a)(6)(B)(ii) of the Social Security Act for such
year''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992.
SEC. 3. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES
WITH COLLECTION OF INCOME TAXES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the due date (including extensions) of the income
tax return for the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(3) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in 1993, the amount referred
to in clause (ii) of section 6654(d)(1)(B) shall be increased
by 90 percent of the amount treated as tax under paragraph (1)
for such taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration paid in such year for services other than domestic service
in a private home of the employer.
``(e) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(b) Clerical Amendment.--The table of sections for chapter 25 is
amended by adding at the end thereof the following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992. | Social Security Domestic Employment Tax Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to raise the threshold amount at which cash remuneration for domestic services becomes subject to social security employment taxes.
Provides for annual: (1) adjustments in such threshold amount; and (2) payment of domestic service employment taxes, with certain exceptions.
Grants the Secretary of the Treasury authority to enter into agreements to collect State unemployment taxes on such remuneration. | {"src": "billsum_train", "title": "Social Security Domestic Employment Tax Act of 1993"} | 1,765 | 114 | 0.593833 | 1.538973 | 0.581099 | 3.196078 | 14.823529 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Act of 2007''.
SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898.
(a) In General.--The President of the United States is authorized
and directed to execute, administer and enforce as a matter of Federal
law the provisions of Executive Order 12898, dated February 11, 1994,
(``Federal Actions To Address Environmental Justice In Minority
Populations and Low-Income Populations'') with such modifications as
are provided in this section.
(b) Definition of Environmental Justice.--For purposes of carrying
out the provisions of Executive Order 12898, the following definitions
shall apply:
(1) The term ``environmental justice'' means the fair
treatment and meaningful involvement of all people regardless
of race, color, national origin, educational level, or income
with respect to the development, implementation, and
enforcement of environmental laws and regulations in order to
ensure that--
(A) minority and low-income communities have access
to public information relating to human health and
environmental planning, regulations and enforcement;
and
(B) no minority or low-income population is forced
to shoulder a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazard.
(2) The term ``fair treatment'' means policies and
practices that ensure that no group of people, including
racial, ethnic, or socioeconomic groups bear disproportionately
high and adverse human health or environmental effects
resulting from Federal agency programs, policies, and
activities.
(c) Judicial Review and Rights of Action.--The provisions of
section 6-609 of Executive Order 12898 shall not apply for purposes of
this Act.
SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION
AGENCY.
(a) Inspector General Recommendations.--The Administrator of the
Environmental Protection Agency shall, as promptly as practicable,
carry out each of the following recommendations of the Inspector
General of the agency as set forth in report # 2006-P-00034 entitled
``EPA needs to conduct environmental justice reviews of its programs,
policies and activities'':
(1) The recommendation that the agency's program and
regional offices identify which programs, policies, and
activities need environmental justice reviews and require these
offices to establish a plan to complete the necessary reviews.
(2) The recommendation that the Administrator of the agency
ensure that these reviews determine whether the programs,
policies, and activities may have a disproportionately high and
adverse health or environmental impact on minority and low-
income populations.
(3) The recommendation that each program and regional
office develop specific environmental justice review guidance
for conducting environmental justice reviews.
(4) The recommendation that the Administrator designate a
responsible office to compile results of environmental justice
reviews and recommend appropriate actions.
(b) GAO Recommendations.--In developing rules under laws
administered by the Environmental Protection Agency, the Administrator
of the Agency shall, as promptly as practicable, carry out each of the
following recommendations of the Comptroller General of the United
States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA
Should Devote More Attention to Environmental Justice when Developing
Clean Air Rules'':
(1) The recommendation that the Administrator ensure that
workgroups involved in developing a rule devote attention to
environmental justice while drafting and finalizing the rule.
(2) The recommendation that the Administrator enhance the
ability of such workgroups to identify potential environmental
justice issues through such steps as providing workgroup
members with guidance and training to helping them identify
potential environmental justice problems and involving
environmental justice coordinators in the workgroups when
appropriate.
(3) The recommendation that the Administrator improve
assessments of potential environmental justice impacts in
economic reviews by identifying the data and developing the
modeling techniques needed to assess such impacts.
(4) The recommendation that the Administrator direct
appropriate agency officers and employees to respond fully when
feasible to public comments on environmental justice, including
improving the agency's explanation of the basis for its
conclusions, together with supporting data.
(c) 2004 Inspector General Report.--The Administrator of the
Environmental Protection Agency shall, as promptly as practicable,
carry out each of the following recommendations of the Inspector
General of the agency as set forth in the report entitled ``EPA Needs
to Consistently Implement the Intent of the Executive Order on
Environmental Justice'' (Report No. 2004-P-00007):
(1) The recommendation that the agency clearly define the
mission of the Office of Environmental Justice (OEJ) and
provide agency staff with an understanding of the roles and
responsibilities of the office.
(2) The recommendation that the agency establish (through
issuing guidance or a policy statement from the Administrator)
specific time frames for the development of definitions, goals,
and measurements regarding environmental justice and provide
the regions and program offices a standard and consistent
definition for a minority and low-income community, with
instructions on how the agency will implement and
operationalize environmental justice into the agency's daily
activities.
(3) The recommendation that the agency ensure the
comprehensive training program currently under development
includes standard and consistent definitions of the key
environmental justice concepts (such as ``low-income'',
``minority'', and ``disproportionately impacted'') and
instructions for implementation of those concepts.
(d) Report.--The Administrator shall submit an initial report to
Congress within 6 months after the enactment of this Act regarding the
Administrator's strategy for implementing the recommendations referred
to in subsections (a), (b), and (c). Thereafter, the Administrator
shall provide semi-annual reports to Congress regarding his progress in
implementing such recommendations as well as his progress on modifying
the Administrator's emergency management procedures to incorporate
environmental justice in the agency's Incident Command Structure (in
accordance with the December 18, 2006, letter from the Deputy
Administrator to the Acting Inspector General of the agency). | Environmental Justice Act of 2007 - Authorizes and directs the President to execute, administer, and enforce as a matter of federal law the provisions of Executive Order 12898, dated February 11, 1994, (Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations) with modifications: (1) defining "environmental justice" and "fair treatment"; and (2) providing that the provisions concerning judicial review shall not apply.
Requires the Administrator of the Environmental Protection Agency (EPA) to carry out specified recommendations set forth in the following reports: (1) the EPA Inspector General's report number 2006-P-00034 entitled "EPA needs to conduct environmental justice reviews of its programs, policies and activities"; (2) the Government Accountability Office (GAO) report numbered GAO-05-289 entitled "EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules"; and (3) the Inspector General's report number 2004-P-00007 entitled "EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice."
Requires the Administrator to report semiannually to Congress on the implementation of such recommendations as well as progress on modifying emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General). | {"src": "billsum_train", "title": "To codify Executive Order 12898, relating to environmental justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and the Comptroller General of the United States, and for other purposes."} | 1,263 | 301 | 0.675271 | 2.161642 | 0.790195 | 4.92278 | 4.683398 | 0.915058 |
SECTION 1. DEDUCTION FOR MEDICAL EXPENSES NOT ALLOWED FOR ABORTIONS.
(a) In General.--Section 213 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Amounts Paid for Abortion Not Taken Into Account.--
``(1) In general.--An amount paid during the taxable year
for an abortion shall not be taken into account under
subsection (a).
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) an abortion--
``(i) in the case of a pregnancy that is
the result of an act of rape or incest, or
``(ii) in the case where a woman suffers
from a physical disorder, physical injury, or
physical illness that would, as certified by a
physician, place the woman in danger of death
unless an abortion is performed, including a
life-endangering physical condition caused by
or arising from the pregnancy, and
``(B) the treatment of any infection, injury,
disease, or disorder that has been caused by or
exacerbated by the performance of an abortion.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 2. DISALLOWANCE OF REFUNDABLE CREDIT FOR COVERAGE UNDER QUALIFIED
HEALTH PLAN WHICH PROVIDES COVERAGE FOR ABORTION.
(a) In General.--Subparagraph (A) of section 36B(c)(3) of the
Internal Revenue Code of 1986 is amended by inserting before the period
at the end the following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment described in
section 213(g)(2))''.
(b) Option to Purchase or Offer Separate Coverage or Plan.--
Paragraph (3) of section 36B(c) of such Code is amended by adding at
the end the following new subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years ending after December 31, 2013.
SEC. 3. DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE CREDIT
FOR PLAN WHICH INCLUDES COVERAGE FOR ABORTION.
(a) In General.--Subsection (h) of section 45R of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``Any term'' and inserting the following:
``(1) In general.--Any term'', and
(2) by adding at the end the following new paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--The terms `qualified health plan' and `health
insurance coverage' shall not include any health plan or
benefit that includes coverage for abortions (other than any
abortion or treatment described in section 213(g)(2)).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. DISTRIBUTIONS FOR ABORTION EXPENSES FROM CERTAIN ACCOUNTS AND
ARRANGEMENTS INCLUDED IN GROSS INCOME.
(a) Flexible Spending Arrangements Under Cafeteria Plans.--Section
125 of the Internal Revenue Code of 1986 is amended by redesignating
subsections (k) and (l) as subsections (l) and (m), respectively, and
by inserting after subsection (j) the following new subsection:
``(k) Abortion Reimbursement From Flexible Spending Arrangement
Included in Gross Income.--Notwithstanding section 105(b), gross income
shall include any reimbursement for expenses incurred for an abortion
(other than any abortion or treatment described in section 213(g)(2))
from a health flexible spending arrangement provided under a cafeteria
plan. Such reimbursement shall not fail to be a qualified benefit for
purposes of this section merely as a result of such inclusion in gross
income.''.
(b) Archer MSAs.--Paragraph (1) of section 220(f) of such Code is
amended by inserting before the period at the end the following: ``,
except that any such amount used to pay for an abortion (other than any
abortion or treatment described in section 213(g)(2)) shall be included
in the gross income of such holder''.
(c) HSAs.--Paragraph (1) of section 223(f) of such Code is amended
by inserting before the period at the end the following: ``, except
that any such amount used to pay for an abortion (other than any
abortion or treatment described in section 213(g)(2)) shall be included
in the gross income of such beneficiary''.
(d) Effective Dates.--
(1) FSA reimbursements.--The amendment made by subsection
(a) shall apply to expenses incurred with respect to taxable
years beginning after the date of the enactment of this Act.
(2) Distributions from savings accounts.--The amendments
made by subsection (b) and (c) shall apply to amounts paid with
respect to taxable years beginning after the date of the
enactment of this Act. | Amends the Internal Revenue Code to disqualify, for puposes of the tax deduction for medical expenses, any amounts paid for an abortion.
Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Permits: (1) the purchase of separate abortion coverage or health plans that include abortion coverage if premium assistance tax credits are not used for such purchase; and (2) non-federal health insurance issuers to offer separate abortion coverage or health plans that have abortion coverage if premiums for such coverage are not paid for with premium assistance tax credit amounts.
Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions.
Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs).
Exempts from the application of this Act: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate certain tax benefits relating to abortion."} | 1,429 | 341 | 0.655647 | 1.964796 | 0.768678 | 2.706271 | 3.89769 | 0.838284 |
SECTION 1. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR
VEHICLE CREDIT.
(a) Extension.--Paragraph (3) of section 30B(k) of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2014''.
(b) Qualified Incremental Hybrid Cost.--Clause (iii) of section
30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by
striking ``does not exceed--'' and all that follows and inserting the
following: ``does not exceed--
``(I) $15,000, if such vehicle has
a gross vehicle weight rating of not
more than 14,000 pounds;
``(II) $30,000, if such vehicle has
a gross vehicle weight rating of more
than 14,000 pounds but not more than
26,000 pounds;
``(III) $60,000, if such vehicle
has a gross vehicle weight rating of
more than 26,000 pounds but not more
than 33,000 pounds; and
``(IV) $100,000, if such vehicle
has a gross vehicle weight rating more
than 33,000 pounds.''.
(c) Applicable Percentage for Heavy Trucks Achieving 20 Percent
Increase in City Fuel Economy.--Clause (ii) of section 30B(d)(2)(B) of
the Internal Revenue Code of 1986 is amended by redesignating
subclauses (I), (II), and (III) as subclauses (II), (III), and (IV),
respectively, and by inserting before subclause (II) (as so
redesignated) the following new subclause:
``(I) 10 percent in the case of a
vehicle to which clause (iii)(IV)
applies if such vehicle achieves an
increase in city fuel economy relative
to a comparable vehicle of at least 20
percent but less than 30 percent.''.
(d) Dollar Limitation.--Subparagraph (B) of section 30B(d)(2) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(vi) Limitation.--The amount allowed as a
credit under subsection (a)(3) with respect to
a vehicle by reason of clause (i) of this
subparagraph shall not exceed $24,000.''.
(e) Heavy Electric Vehicles.--Paragraph (3) of section 30B(d) of
the Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E),
respectively, and by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Heavy electric vehicles.--In the case of a
vehicle with a gross vehicle weight rating of not less
than 8,500 pounds, the term `new qualified hybrid motor
vehicle' includes a motor vehicle--
``(i) which draws propulsion energy
exclusively from a rechargeable energy storage
system; and
``(ii) which meets the requirements of
clauses (iii), (v), (vi), and (vii) of
subparagraph (A).''.
(f) Credits May Be Transferred.--Subsection (d) of section 30B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Transferability of credit.--
``(A) In general.--A taxpayer who places in service
any vehicle may transfer the credit allowed under this
subsection with respect to such vehicle through an
assignment to the seller of such vehicle. Such transfer
may be revoked only with the consent of the Secretary.
``(B) Regulations.--The Secretary shall prescribe
such regulations as necessary to ensure that any credit
transferred under subparagraph (A) is claimed once and
not reassigned by such other person.''.
(g) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2009.
SEC. 2. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY
CREDIT.
(a) In General.--Paragraph (2) of section 30C(g) of the Internal
Revenue Code of 1986 is amended by striking ``2010'' and inserting
``2013''.
(b) Extension of Increased Credit.--Paragraph (6) of section 30C(e)
of the Internal Revenue Code of 1986 is amended--
(1) by striking ``2011'' and inserting ``2014''; and
(2) by striking ``2009 and 2010'' in the heading and
inserting ``2009 through 2013''.
(c) Definition of Alternative Fuel Vehicle Refueling Property in
the Case of Electricity.--Subparagraph (B) of section 179A(d)(3) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) for the recharging of motor vehicles
propelled by electricity, including electrical panel
upgrades, wiring, conduit, trenching, pedestals, and
related equipment.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. TAX CREDIT FOR ELECTRIFICATION TECHNOLOGIES TO REDUCE TRUCK
IDLING.
(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. 45R. IDLING REDUCTION CREDIT.
``(a) General Rule.--For purposes of section 38, the idling
reduction tax credit determined under this section for the taxable year
is an amount equal to 50 percent of the amount paid or incurred for the
purchase and installation of each qualifying idling reduction device or
qualifying idle reduction infrastructure placed in service by the
taxpayer during the taxable year.
``(b) Limitation.--The maximum amount allowed as a credit under
subsection (a) shall not exceed $3,500 per device or per qualifying
infrastructure.
``(c) Definitions.--For purposes of subsection (a)--
``(1) Qualifying idling reduction device.--The term
`qualifying idling reduction device' means any device or system
of devices which--
``(A) is installed on a heavy-duty diesel powered
on-highway vehicle;
``(B) is designed to provide to such vehicle those
services (such as heat, air conditioning, or
electricity) that would otherwise require the operation
of the main drive engine while the vehicle is
temporarily parked or remains stationary using either--
``(i) an all electric unit, such as a
battery powered unit or from grid-supplied
electricity; or
``(ii) a dual fuel unit powered by diesel
or other fuels, and capable of providing such
services from grid-supplied electricity or on-
truck batteries alone;
``(C) the original use of which commences with the
taxpayer;
``(D) is acquired for use by the taxpayer; and
``(E) is certified by the Secretary of Energy, in
consultation with the Administrator of the
Environmental Protection Agency and the Secretary of
Transportation, to reduce long-duration idling of such
vehicle at a motor vehicle rest stop or other location
where such vehicles are temporarily parked or remain
stationary.
``(2) Heavy-duty diesel-powered on-highway vehicle.--The
term `heavy-duty diesel-powered on-highway vehicle' means any
vehicle, machine, tractor, trailer, or semi-trailer propelled
or drawn by mechanical power and used upon the highways in the
transportation of passengers or property, or any combination
thereof determined by the Federal Highway Administration.
``(3) Long duration idling.--The term `long duration
idling' means the operation of a main drive engine, for a
period greater than 15 consecutive minutes, where the main
drive engine is not engaged in gear. Such term does not apply
to routine stoppages associated with traffic movement or
congestion.
``(4) Qualifying idle reduction infrastructure.--The term
`qualifying idle reduction infrastructure' means off-truck
equipment--
``(A) which is to be used exclusively with respect
to vehicles with a gross vehicle weight rating of
14,000 pounds or greater; and
``(B) which either--
``(i) is used to supply electric power,
including electric receptacles, boxes, wiring,
conduit, and other connections to one truck
space; or
``(ii) directly provides air conditioning,
heating, electric power, and other connections
and services to one truck space.
``(d) No Double Benefit.--For purposes of this section--
``(1) Reduction in basis.--If a credit is determined under
this section with respect to any property by reason of
expenditures described in subsection (a), the basis of such
property shall be reduced by the amount of the credit so
determined.
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to the amount of the credit determined under this
section.
``(e) Election Not To Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
``(f) Termination.--This section shall not apply to any property
placed in service after December 31, 2013.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 (relating to general
business credit) 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 idling reduction tax credit determined under
section 45R(a).''.
(c) Conforming Amendments.--
(1) 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 inserting after the item relating to section 45P
the following new item:
``Sec. 45R. Idling reduction credit.''.
(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:
``(38) in the case of a facility with respect to which a
credit was allowed under section 45R, to the extent provided in
section 45R(d)(1).''.
(3) Section 6501(m) of such Code is amended by inserting
``45R(e),'' after ``45H(g),''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(e) Determination of Certification Standards by Secretary of Energy
for Certifying Idling Reduction Devices.--Not later than 6 months after
the date of the enactment of this Act and in order to reduce air
pollution and fuel consumption, the Secretary of Energy, in
consultation with the Administrator of the Environmental Protection
Agency and the Secretary of Transportation, shall publish the standards
under which the Secretary, in consultation with the Administrator of
the Environmental Protection Agency and the Secretary of
Transportation, will, for purposes of section 45R of the Internal
Revenue Code of 1986 (as added by this section), certify the idling
reduction devices and idling reduction infrastructure which will reduce
long duration idling of vehicles at motor vehicle rest stops or other
locations where such vehicles are temporarily parked or remain
stationary in order to reduce air pollution and fuel consumption. | Amends the Internal Revenue Code to: (1) increase and extend through 2014 the tax credit for new qualified hybrid motor vehicles; (2) allow such credit for certain fuel-efficient heavy trucks and heavy electric vehicles; (3) extend through 2013 tax credits for alternative fuel vehicle refueling property expenditures; (4) expand the definition of refueling property for electric motor vehicles to include panel upgrades, wiring, conduit, trenching, pedestals, and related equipment; and (5) allow a new tax credit, through 2013, for 50% of the cost, up to $3,500, for electric idling reduction devices installed on heavy-duty diesel powered on-highway vehicles.
Directs the Secretary of Energy to publish standards for certifying idling reduction devices. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the credit for new qualified hybrid motor vehicles, and for other purposes."} | 2,688 | 159 | 0.479005 | 1.267364 | 0.666293 | 2.753425 | 16.287671 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Error Reduction Act of
2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States has the finest health care system in
the world. However, there is continuing concern and fear among
the public about the safety of the nation's health care system
as a result of a high occurrence of medical mistakes--the fifth
leading cause of death.
(2) One national study estimates that more than 100,000,000
Americans have experience with medical errors and 1 out 3 cases
caused permanent harm, with half of the errors occurring in
hospitals.
(3) Three of the top patient-safety issues were exposure to
infection, level of care received, and the credentials of
health care professionals.
(4) A recent large-scale study indicates that at least
44,000 Americans may die each year as a result of medical
error. Another study suggests that this number may be as high
as 98,000 Americans.
(5) When using the lower estimate in paragraph (4), deaths
due to medical errors still exceed the number of deaths
attributable to motor vehicle accidents (43,458), breast cancer
(42,297), or AIDS (16,516).
(6) Deaths from adverse drug events total more than 7,000
annually--exceeding the number of yearly workplace injuries
(6,000).
(7) The total national cost of preventable medical errors
resulting in injury is estimated to be between $17,000,000,000
and $29,000,000,000, from direct medical costs, lost
productivity, and disability.
(8) One recent study found that about 2 out of every 100
admissions involves a preventable adverse drug event. If these
findings are generalized, these adverse drug events affecting
inpatients cost $2,000,000,000 nationally.
(9) Medical errors are costly in terms of repeat tests and
medical countermeasures, which also are subject to compounding
errors. Purchasers and patients pay for errors when insurance
costs and co-payments are inflated by services that would not
have been necessary had proper care been provided.
(10) Errors also erode trust in the health care system by
patients who experience longer hospital stays or disabilities
and physical and psychological discomfort. Health care
professionals pay for errors with loss of morale and
frustration at not being able to provide the best care
possible.
(b) Purpose.--It is the purpose of this Act to ensure that
individuals enjoy the right to be free from accidental injury,
accidental death, and medication-related errors, including medication-
related errors.
SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.)
is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 921 through 928, as sections
931 through 938, respectively;
(3) in section 938(1) (as so redesignated), by striking
``921'' and inserting ``931''; and
(4) by inserting after part B the following:
``PART C--REDUCING ERRORS IN HEALTH CARE
``SEC. 921. DEFINITIONS.
``In this part:
``(1) Adverse event.--The term `adverse event' means an
injury resulting from medical management rather than the
underlying condition of the patient.
``(2) Error.--The term `error' means the failure of a
planned action to be completed as intended or the use of a
wrong plan to achieve the desired outcome.
``(3) Health care provider.--The term `health care
provider' means an individual or entity that provides medical
services and is a participant in a demonstration program under
this part.
``(4) Health care-related error.--The term ``health care-
related error'' means a preventable adverse event related to a
health care intervention or a failure to intervene
appropriately.
``(5) Medication-related error.--The term `medication-
related error' means a preventable adverse event related to the
administration of a medication.
``(6) Safety.--The term `safety' with respect to an
individual means that such individual has a right to be free
from preventable serious injury.
``(7) Sentinel event.--The term `sentinel event' means an
unexpected occurrence involving an individual that results in
death or serious physical injury that is unrelated to the
natural course of the individual's illness or underlying
condition.
``SEC. 922. ESTABLISHMENT OF STATE-BASED MEDICAL ERROR REPORTING
SYSTEMS.
``(a) In General.--The Secretary shall make grants available to
States to enable such States to establish reporting systems designed to
reduce medical errors and improve health care quality.
``(b) Requirement.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), the State involved shall provide assurances to
the Secretary that amounts received under the grant will be
used to establish and implement a medical error reporting
system using guidelines (including guidelines relating to the
confidentiality of the reporting system) developed by the Agency for
Healthcare Research and Quality with input from interested, non-
governmental parties including patient, consumer and health care
provider groups.
``(2) Guidelines.--Not later than 90 days after the date of
enactment of this part, the Agency for Healthcare Research and
Quality shall develop and publish the guidelines described in
paragraph (1).
``(c) Data.--
``(1) Availability.--A State that receives a grant under
subsection (a) shall make the data provided to the medical
error reporting system involved available only to the Agency
for Healthcare Research and Quality and may not otherwise
disclose such information.
``(2) Confidentiality.--Nothing in this part shall be
construed to supersede any State law that is inconsistent with
this part.
``(d) Application.--To be eligible for a grant under this section,
a State shall prepare and submit to the Secretary an application at
such time, in such manner and containing, such information as the
Secretary shall require.
``SEC. 923. DEMONSTRATION PROJECTS TO REDUCE MEDICAL ERRORS, IMPROVE
PATIENT SAFETY, AND EVALUATE REPORTING.
``(a) Establishment.--The Secretary, acting through the Director of
the Agency for Healthcare Research and Quality and in conjunction with
the Administrator of the Health Care Financing Administration, may
establish a program under which funding will be provided for not less
than 15 demonstration projects, to be competitively awarded, in health
care facilities and organizations in geographically diverse locations,
including rural and urban areas (as determined by the Secretary), to
determine the causes of medical errors and to--
``(1) use technology, staff training, and other methods to
reduce such errors;
``(2) develop replicable models that minimize the frequency
and severity of medical errors;
``(3) develop mechanisms that encourage reporting, prompt
review, and corrective action with respect to medical errors;
and
``(4) develop methods to minimize any additional paperwork
burden on health care professionals.
``(b) Activities.--
``(1) In general.--A health care provider participating in
a demonstration project under subsection (a) shall--
``(A) utilize all available and appropriate
technologies to reduce the probability of future
medical errors; and
``(B) carry out other activities consistent with
subsection (a).
``(2) Reporting to patients.--In carrying out this section,
the Secretary shall ensure that--
``(A) 5 of the demonstration projects permit the
voluntary reporting by participating health care
providers of any adverse events, sentinel events,
health care-related errors, or medication-related
errors to the Secretary;
``(B) 5 of the demonstration projects require
participating health care providers to report any
adverse events, sentinel events, health care-related
errors, or medication-related errors to the Secretary;
and
``(C) 5 of the demonstration projects require
participating health care providers to report any
adverse events, sentinel events, health care-related
errors, or medication-related errors to the Secretary
and to the patient involved and a family member or
guardian of the patient.
``(3) Confidentiality.--
``(A) In general.--The Secretary and the
participating grantee organization shall ensure that
information reported under this section remains
confidential.
``(B) Use.--The Secretary may use the information
reported under this section only for the purpose of
evaluating the ability to reduce errors in the delivery
of care. Such information shall not be used for
enforcement purposes.
``(C) Disclosure.--The Secretary may not disclose
the information reported under this section.
``(D) Nonadmissibility.--Information reported under
this section shall be privileged, confidential, shall
not be admissible as evidence or discoverable in any
civil or criminal action or proceeding or subject to
disclosure, and shall not be subject to the Freedom of
Information Act (5 U.S.C. App). This paragraph shall
apply to all information maintained by the reporting
entity and the entities who receive such reports.
``(c) Use of Technologies.--The Secretary shall encourage, as part
of the demonstration projects conducted under subsection (a), the use
of appropriate technologies to reduce medical errors, such as hand-held
electronic prescription pads, training simulators for medical
education, and bar-coding of prescription drugs and patient bracelets.
``(d) Database.--The Secretary shall provide for the establishment
and operation of a national database of medical errors to be used as
provided for by the Secretary. The information provided to the
Secretary under subsection (b)(2) shall be contained in the database.
``(e) Evaluation.--The Secretary shall evaluate the progress of
each demonstration project established under this section in reducing
the incidence of medical errors and submit the results of such
evaluations as part of the reports under section 926(b).
``(f) Reporting.--Prior to October 1, of the third fiscal year for
which funds are made available under this section, the Secretary shall
prepare and submit to the appropriate committees of Congress an interim
report concerning the results of such demonstration projects.
``SEC. 924. PATIENT SAFETY IMPROVEMENT.
``(a) In General.--The Secretary shall provide information to
educate patients and family members about their role in reducing
medical errors. Such information shall be provided to all individuals
who participate in Federally-funded health care programs.
``(b) Development of Programs.--The Secretary shall develop
programs that encourage patients to take a more active role in their
medical treatment, including encouraging patients to provide
information to health care providers concerning pre-existing conditions
and medications.
``SEC. 925. PRIVATE, NONPROFIT EFFORTS TO REDUCE MEDICAL ERRORS.
``(a) In General.--The Secretary shall make grants to health
professional associations and other organizations to provide training
in ways to reduce medical errors, including curriculum development,
technology training, and continuing medical education.
``(b) Application.--To be eligible for a grant under this section,
an entity shall prepare and submit to the Secretary an application at
such time, in such manner and containing, such information as the
Secretary shall require.
``SEC. 926. REPORT TO CONGRESS.
``(a) Initial Report.--Not later than 180 days after the date of
enactment of this part, the Secretary shall prepare and submit to the
appropriate committees of Congress a report concerning the costs
associated with implementing a program that identifies factors that
contribute to errors and which includes upgrading the health care
computer systems and other technologies in the United States in order
to reduce medical errors, including computerizing hospital systems for
the coordination of prescription drugs and handling of laboratory
specimens, and contains recommendation on ways in which to reduce those
factors.
``(b) Other Reports.--Not later than 180 days after the completion
of all demonstration projects under section 923, the Secretary shall
prepare and submit to the appropriate committees of Congress a report
concerning--
``(1) how successful each demonstration project was in
reducing medical errors;
``(2) the data submitted by States under section 922(c);
``(3) the best methods for reducing medical errors;
``(4) the costs associated with applying such best methods
on a nationwide basis; and
``(5) the manner in which other Federal agencies can share
information on best practices in order to reduce medical errors
in all Federal health care programs.
``SEC. 927. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as may be
necessary to carry out this part.''. | Authorizes the Secretary, acting through the Director of the Agency, to establish a program under which funding will be provided for at least 15 demonstration projects to be competitively awarded in health care facilities and organizations in geographically diverse locations to determine the causes of medical errors and develop specified methods to reduce, minimize, and provide for reporting and corrective action of, such errors. Provides that at least five of such projects shall require participating health care providers to report adverse events and health- or medication-related errors to the patient and patient's family member. Permits the use of reported information only for purposes of evaluating the ability to reduce errors in delivery of care. Subjects such information to confidentiality requirements and makes it inadmissible as evidence in any civil or criminal action. Prohibits disclosure of such information under the Freedom of Information Act as well.
Directs the Secretary to: (1) provide for establishment of a national database of medical errors to contain information collected under this Act; (2) provide information to educate patients and family members about their role in reducing medical errors; (3) develop programs that encourage patients to take a more active role in their medical treatment; and (4) make grants to health professional associations and other organizations to provide training in ways to reduce medical errors.
Requires the Secretary to report to appropriate congressional committees on: (1) costs associated with implementing a program that identifies factors that contribute to errors and which includes upgrading the heath care computer systems and other technologies in the United States to reduce medical errors; and (2) the success of each demonstration project, data collected by States, best methods for reducing medical errors and costs associated with applying such methods, and sharing information on best practices to reduce such errors in Federal health care programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Medical Error Reduction Act of 2000"} | 2,814 | 370 | 0.488115 | 1.532563 | 0.701653 | 4.266667 | 7.614493 | 0.93913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ephedra Public Protection Act''.
SEC. 2. REQUIREMENT OF PREMARKET APPROVAL FOR DIETARY SUPPLEMENTS
CONTAINING EPHEDRINE GROUP ALKALOIDS; REPORTING OF
SERIOUS ADVERSE EXPERIENCES.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended--
(1) in section 402(a)(2), by inserting after ``section 512;
or'' the following: ``(D) if it is a dietary supplement that
contains any ephedrine group alkaloids and is unsafe within the
meaning of section 416; or''; and
(2) by adding at the end the following section:
``SEC. 416. EPHEDRINE GROUP ALKALOIDS.
``(a) Requirement of Premarket Approval.--A new ephedrine
supplement shall be deemed unsafe for purposes of section 402(a)(2)(D)
unless an approval of an application filed under subsection (b) is
effective with respect to such supplement.
``(b) Application.--Any person may file with the Secretary an
application with respect to a new ephedrine supplement. Not later than
180 days after the filing of the application, or such additional period
as may be agreed upon by the Secretary and the applicant, the Secretary
shall either--
``(1) issue an order under subsection (c) approving the
application; or
``(2) issue an order refusing to approve the application,
after providing the applicant notice of an opportunity for a
hearing before the Secretary.
``(c) Standards.--The Secretary shall approve an application under
subsection (b) for a new ephedrine supplement if the application meets
the criteria of the Secretary for demonstrating to the Secretary that
the supplement does not present a significant or unreasonable risk of
illness or injury--
``(1) under the conditions of use recommended or suggested
in the labeling for the supplement; or
``(2) if no conditions of use are suggested or recommended
in the labeling, under ordinary conditions of use.
``(d) Reporting of Serious Adverse Experiences.--
``(1) In general.--Each person who is a manufacturer of
ephedrine supplements, or a packer or distributor of the
supplements whose name appears on the labeling of the
supplement, shall (with respect to such supplements
manufactured, packed, or distributed by that person)--
``(A) investigate each claim of a serious adverse
experience of which the person is aware in order to
determine whether the claim is a documented incident;
``(B) investigate each documented incident of such
an experience;
``(C) develop and implement written procedures for
investigations of such claims and incidents; and
``(D) submit to the Secretary in accordance with
paragraph (2) notifications and reports regarding such
claims and incidents.
``(2) Certain requirements.--
``(A) Notification of secretary regarding
documented incident.--As soon as possible but not later
than 30 days after becoming aware of a claim of a
serious adverse experience with respect to an ephedrine
supplement, the applicable person under paragraph (1)
shall determine whether the claim is a documented
incident, and if the claim is such an incident, shall
submit to the Secretary a notification of such fact.
The notification shall include a copy of the current labeling for the
supplement.
``(B) Report regarding results of investigation.--
As soon as possible but not later than 60 days after
identifying a documented incident of a serious adverse
experience, the applicable person under paragraph (1)
shall complete an investigation of the experience and
submit to the Secretary a report describing the
findings of the investigation, including a finding on
whether the ephedrine supplement involved is a causal
factor in such experience.
``(3) Duplicative reports.--The Secretary may establish
procedures to avoid duplicative reporting under paragraph (1)
on an ephedrine supplement by the persons referred to in such
paragraph with respect to such supplement, subject to the
Secretary establishing requirements to ensure that the
Secretary receives notifications and reports within the period
of time specified in paragraph (2).
``(e) Applicability of Certain Provisions.--In the case of new
ephedrine supplements, this section applies in lieu of sections
402(f)(1)(A) and 402(f)(1)(B). In the case of any ephedrine supplement,
the two sentences immediately following section 402(f)(1)(D) do not
apply, and section 402(f)(2) does not apply.
``(f) Definitions.--
``(1) Ephedrine supplements.--For purposes of this section:
``(A) The term `ephedrine supplement' means a
dietary supplement containing any ephedrine group
alkaloids (as defined in section 201(nn)).
``(B) The term `new ephedrine supplement' means a
dietary supplement containing any new ephedrine group
alkaloids (as defined in section 201(nn)).
``(2) Serious adverse experiences.--For purpose of this
section:
``(A)(i) The term `adverse experience', with
respect to an ephedrine supplement, means an adverse
health-related experience of an individual who ingested
the supplement, which experience is alleged by the
individual, a family member of the individual, or a
treating health professional to be associated with the
supplement, whether or not such experience is
considered to be related, casually or otherwise, to the
supplement by a person referred to in paragraph (1)
with respect to the supplement .
``(ii) The term `serious', with respect to an
adverse experience, means any of the following
outcomes: Death, a life-threatening condition,
inpatient hospitalization, a persistent or significant
disability or incapacity, or a congenital anomaly or
birth defect.
``(B) The term `documented incident', with respect
to an ephedrine supplement, means a claim of a serious
adverse experience that the applicable person under
subsection (d)(1) has investigated to the extent of
verifying that such an experience did occur, but
without investigating the allegation that the
experience is associated with the supplement.''.
(b) Prohibited Act Regarding Reporting on Serious Adverse
Experiences.--Section 301 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 331) is amended by adding at the end the following:
``(hh) The failure of a person to comply with any requirement under
section 416(d).''.
(c) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(nn)(1)(A) The term `ephedrine group alkaloids', with respect to
a dietary supplement, includes natural ephedrine group alkaloids and
synthetic ephedrine group alkaloids.
``(B) The term `natural ephedrine group alkaloids' means ephedrine
group alkaloids present in or extracted from the herb ephedra or any
other herb that contains ephedrine group alkaloids.
``(C) The term `synthetic ephedrine group alkaloids' means
ephedrine group alkaloids not present in or extracted from the herb
ephedra or any other herb that contains ephedrine group alkaloids.
``(2)(A) The term `new ephedrine group alkaloids' means ephedrine
group alkaloids that are not generally recognized, among experts
described in clause (B), as having been adequately shown through
scientific procedures to present no significant or unreasonable risk of
illness or injury under the conditions of use recommended or suggested
in labeling, or if no conditions of use are suggested or recommended in
the labeling, under ordinary conditions of use.
``(B) The experts referred to in clause (A) are experts qualified
by scientific training and experience to evaluate whether ephedrine
group alkaloids present no significant or unreasonable risk of illness
or injury for purposes of such clause.''.
(d) Effective Dates.--With respect to section 416 of the Federal
Food, Drug, and Cosmetic Act (as added by this section):
(1) Subsection (a) of such section takes effect upon the
expiration of 30 days after the date of the enactment of this
Act. With respect to dietary supplements containing any
ephedrine group alkaloids, shipments in commercial distribution
as of the date of the enactment of this Act are subject to such
subsection (a) to the extent determined appropriate by the
Secretary of Health and Human Services.
(2) Subsection (d) of such section applies with respect to
serious adverse experiences occurring on or after the date of
the enactment of this Act, except to the extent that the person
involved notifies the Secretary of Health and Human Services in
writing that the person will not submit an application under
subsection (a) of such section and will not be a packer or
distributor of dietary supplements containing any ephedrine
group alkaloids.
SEC. 3. PROVISIONS REGARDING ADULTERATED OR MISBRANDED SUPPLEMENTS.
(a) Adulterated Supplements.--
(1) Dietary supplements generally; regulations on good
manufacturing practice.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall publish in the Federal
Register a proposed rule for good manufacturing
practice regulations under section 402(g) of the
Federal Food, Drug, and Cosmetic Act.
(B) Conforming amendment.--Section 402(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(g)(2)) is amended in the first sentence by striking
``may'' and inserting ``shall'';
(2) Ephedrine group alkaloids.--Section 402(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2)) is
amended--
(A) by striking ``(2)'' and inserting ``(2)(A)'';
and
(B) by adding at the end the following:
``(B) In the case of dietary supplements containing ephedrine group
alkaloids, regulations under clause (A) shall require the following:
``(i) The testing of each production lot or batch to ensure
the accuracy of the label in stating the total amount of
ephedrine group alkaloids contained in the supplement. Such
tests shall be made using high performance liquid
chromatography testing or other testing approved by the
Secretary for purposes of this subclause.
``(ii) A determination of the expiration date of the
supplements.
``(iii) The retention of reserve samples from each lot
produced, stored under conditions consistent with the labeling
of the supplements, until at least one year after the
expiration date of the supplements.
``(iv) The implementation of distribution tracking
procedures, including the use of lot numbers.''.
(b) Misbranded Supplements Containing Ephedrine Group Alkaloids.--
(1) In general.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end
the following:
``(w) If it is a dietary supplement containing any ephedrine group
alkaloids, unless its label bears an expiration date.''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect upon the effective date of the final rule for good
manufacturing practice regulations under section 402(g) of the
Federal Food, Drug, and Cosmetic Act. | Ephedra Public Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to classify a food as adulterated if it is a dietary supplement that contains any ephedrine group and is unsafe within the meaning of this Act.Classifies a new ephedrine supplement (a dietary supplement containing ephedrine alkaloids not generally recognized as safe) as unsafe if it has not received premarket approval from the Secretary of Health and Human Services. Directs the Secretary to approve supplements that do not present a significant or unreasonable risk of illness or injury under the recommended or ordinary conditions of use.Requires manufacturers of ephedrine supplements (dietary supplements containing any ephedrine group alkaloids), and packers and distributors of such supplements whose names appear on the label, to investigate each claim of a serious adverse experience and report to the Secretary as to whether the ephedrine supplement involved was a causal factor. Makes failure to comply with such reporting requirements a prohibited act.Directs the Secretary to publish in the Federal Register a proposed rule for good manufacturing practice regulations under the Act. States various elements the proposed rule shall contain, including that it shall require the testing of each production lot or batch of an ephedrine supplement to ensure the label's accuracy in stating the amount of ephedrine group alkaloids in such supplement. Classifies an ephedrine supplement as misbranded unless its label bears an expiration date. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements containing natural or synthetic ephedrine group alkaloids, and for other purposes."} | 2,768 | 343 | 0.70385 | 2.05596 | 0.8414 | 3.464286 | 9.09127 | 0.916667 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) In order to ensure the legitimate interests of Puerto
Rico and the United States, Congress should recognize Puerto
Rico as a sovereign nation.
(2) Consistent with article IV, section 3 of the
Constitution, only Congress has the power to dispose of and
make all needful rules and regulations respecting Puerto Rico.
(3) Puerto Rico's territorial condition constitutes an
unsustainable status of political subordination.
(4) Annexation of Puerto Rico as a State of the Union would
be detrimental to both Puerto Rico and the United States.
(5) A majority of the voters rejected the continuation of
territorial status in the referendum on the political status of
Puerto Rico held in Puerto Rico on November 6, 2012.
(6) The people of Puerto Rico should, through participation
in a referendum vote on the future status of Puerto Rico,
choose between independence or free association.
(7) Congress should dispose of the territory of Puerto
Rico, recognize its sovereign nationhood, and provide for an
appropriate transition process to take place under independence
or under a compact of free association with the United States,
in harmony with the results of the vote expressed by the People
of Puerto Rico in the referendum.
SEC. 2. REFERENDUM.
(a) In General.--The Legislative Assembly of Puerto Rico shall
provide for a referendum to take place in Puerto Rico, in which
eligible voters shall express their preference between the non-
territorial options of either independence or free association, as
herein provided.
(b) Eligible Voters.--An individual shall be eligible to vote in
the referendum held under this Act if that individual--
(1) was born in Puerto Rico; or
(2) has a parent who was born in Puerto Rico.
(c) Independence.--
(1) Authorization to negotiate treaty.--The President shall
negotiate a Treaty of Friendship and Cooperation and other
bilateral agreements with the government of an independent
Puerto Rico that will provide for equitable economic relations
between both nations.
(2) Treaty of friendship and cooperation.--The Treaty of
Friendship and Cooperation shall establish the details of the
bilateral relations of Puerto Rico and the United States under
the guidelines set forth below:
(A) Citizenship.--Puerto Ricans shall become
citizens of the Republic of Puerto Rico. United States
citizenship shall be guaranteed to all Puerto Rican
citizens who choose to retain their United States
citizenship after the proclamation of Puerto Rico's
independence. Those born thereafter may acquire non-
immigrant status, dual or reciprocal United States
citizenship as provided by law, or as otherwise agreed
by treaty, so that their freedom to travel to and from
the United States and to live and work there shall not
be impaired.
(B) Vested rights.--Veterans benefits, Federal
pensions, and full Social Security rights, as well as
any other vested rights and benefits under the laws of
the United States are hereby guaranteed to citizens of
Puerto Rico until the normal expiration of such
benefits; provided that all necessary agreements to
protect the rights of workers who acquire permanently
insured status during 5 years following the
proclamation of Puerto Rico's independence, but are not
yet beneficiaries under the Old-Age, Survivors, and
Disability Insurance Benefits program under title II of
the Social Security Act (42 U.S.C. 401 et seq.), shall
be established; further provided that all contributions
made by those who have not yet achieved permanently
insured status at the time of Puerto Rico's
independence shall then be transferred, with interest,
to the government of Puerto Rico, in order to assist in
the establishment of a separate system of social
insurance.
(C) Trade.--The United States shall eliminate trade
barriers with Puerto Rico, provided that limitations on
imports or exports agreed upon by both nations shall
ensure mutual benefits and assist each nation in
meeting its trade and economic development objectives.
(D) Public debt and economic transition.--As
partial indemnity for more than 118 years of political
and economic subordination, during which the total
payment of interest earnings and dividends from Puerto
Rico to United States corporations have far exceeded
net transfers of Federal assistance to both the
government and the residents of Puerto Rico, the United
States shall enter into negotiations with Puerto Rico
to restructure the outstanding debts and obligations of
the government of the Commonwealth of Puerto Rico and
its instrumentalities. Moreover, during a transition
period, an independent Puerto Rico shall receive annual
transfer block grants equal to the total amount of
grants, programs, and services currently provided by
the Federal Government in Puerto Rico, adjusted for
inflation, for a period to be negotiated to take place
immediately following the joint proclamation of Puerto
Rico's independence.
(E) Currency.--If so requested by Puerto Rico, both
nations shall make the necessary arrangements with
respect to the use of United States currency by the
Republic of Puerto Rico.
(F) Defense.--The United States and the Republic of
Puerto Rico shall enter into agreements leading to the
complete demilitarization of the Republic of Puerto
Rico, and the devolution and decontamination of any
real estate previously held by any branch of the Armed
Forces.
(d) Free Association.--
(1) Authorization to negotiate compact.--To provide a
process consonant with the laws and policies of the United
States and in accordance with principles of international law,
the President shall negotiate the terms for a Compact of Free
Association with the government of Puerto Rico which, prior to
the territory's recognition and proclamation of sovereignty,
shall establish the terms of the association.
(2) Compact of free association.--The Compact of Free
Association between the United States and Puerto Rico shall be
submitted to Congress and the People of Puerto Rico for
ratification under the agreed guidelines set forth below:
(A) Puerto rico as sovereign state.--International
legal personality of Puerto Rico as a sovereign state.
(B) Self-government.--Full self-government not
subject to the Constitution or laws of the United
States, except for those specific powers delegated to
the United States and which are subject to revocation
by Puerto Rico.
(C) Termination of free association.--The right of
Puerto Rico and of the United States to unilaterally
put an end to the relationship of free association and
Puerto Rico becoming fully independent.
(D) United states citizenship.--The continuation of
United States citizenship for the citizens of Puerto
Rico.
(E) Trade relations.--The continuation of existing
trade relations with the United States and an agreed
upon level of participation by residents of Puerto Rico
in Federal economic and social assistance programs. | This bill requires the Legislative Assembly of Puerto Rico to provide for a referendum in Puerto Rico in which eligible voters shall express their preference between the non-territorial options of either independence or free association. An individual shall be eligible to vote in such referendum if that individual was born in, or has a parent who was born in, Puerto Rico. The President shall negotiate a Treaty of Friendship and Cooperation and other bilateral agreements with the government of an independent Puerto Rico that will provide for equitable economic relations. Such treaty shall establish the details of the bilateral relations of Puerto Rico and the United States under specified guidelines with respect to citizenship, vested rights, trade, public debt and economic transition, currency, and defense. The President shall negotiate the terms for a Compact of Free Association with the government of Puerto Rico, which shall be submitted to Congress and the people of Puerto Rico for ratification under specified agreed guidelines with respect to Puerto Rican sovereignty and self-government, the termination of the free association relationship when Puerto Rico becomes fully independent, the continuation of U.S. citizenship for citizens of Puerto Rico, and the continuation of trade relations with the United States. | {"src": "billsum_train", "title": "To recognize Puerto Rico's sovereign nationhood under either independence or free association and to provide for a transition process, and for other purposes."} | 1,391 | 246 | 0.682831 | 1.787155 | 0.889582 | 4.991111 | 5.955556 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FQPA Implementation Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Food Quality Protection Act of 1996, enacted on
August 3, 1996, made a number of significant modifications to
section 408 of the Federal Food, Drug, and Cosmetic Act (``the
Act''). Section 408 as amended sets forth new criteria and
procedures for use by the Administrator of the Environmental
Protection Agency in assessing and reassessing the
acceptability of tolerances that govern the level of pesticide
chemical residues that may be present in or on any food that
enters or is present in interstate commerce or is imported into
the United States.
(2) Under section 408 of the Act as amended, the
Administrator must use these new criteria and procedures in
deciding whether new tolerances may be issued, and thus whether
new pesticides or new pesticide uses may be approved for use
under the Federal Insecticide, Fungicide, and Rodenticide Act.
Such section also requires that all tolerances in effect on the
date of the enactment of the 1996 amendment be reassessed under
the new criteria and procedures.
(3) The Food Quality Protection Act of 1996 requires the
use of a number of important new risk assessment criteria and
concepts that had never previously been used by the
Administrator and that require the development of major
modifications to existing Agency practices. New regulatory
concepts introduced by such Act include, but are not limited
to, those associated with new statutory terms such as
``exposures for which there is reliable information'',
``aggregate exposure'', ``reasonable certainty that no harm
will result'', ``common mechanism of toxicity'', ``cumulative
effects'', ``potential pre- and post-natal toxicity'',
``completeness of the data with respect to exposure and
toxicity'', ``significant subpopulation group'', ``additional
data or information [that] are reasonably required to support
the continuation of a tolerance'', and ``pose the greatest risk
to human health''. How these terms are defined and used by the
Administrator, singly and in combination, will greatly affect
the outcome of the assessments and reassessments required to be
conducted under the Act as amended.
(4) The Act as amended requires the Environmental
Protection Agency to revoke tolerances now in effect if the
Administrator finds that the sum of the exposure from all the
tolerances exceeds safe levels. However, the Act as amended
does not provide any criteria for determining which of the
tolerances should be revoked in such situations in order to
reduce the exposure sufficiently. Nor does the Act as amended
establish procedures for providing pesticide producers,
agricultural producers, food processors and distributors, and
non-food pesticide users the opportunity to participate in such
decision making before proposed rules are issued by the
Administrator.
(5) Under the revised criteria of the Act as amended,
entirely new categories of data regarding toxicity, metabolism,
cumulative effects, and dietary, drinking water, and other
nonoccupational exposure levels are required to allow the
Administrator to reach sound, accurate, valid, and
understandable decisions on tolerance assessments and
reassessments. In some areas, massive data collection efforts
are underway but will not yield results for another year or
more. In other areas, the need for new data depends on
decisions not yet made by the Administrator about what kinds of
tests should be conducted and which compounds should be the
subjects of these new test requirements.
(6) The Administrator has instituted public proceedings to
discuss how the new criteria of the Act as amended should be
interpreted and amended, what new kinds of data are needed and
how the new data would be used once available, how criteria can
be made more transparent, equitable, and understandable, how
the Administrator should use available authority to be
flexible, how to decide which tolerances should be revoked when
some action is decided to be necessary, and how to provide
needed transition periods in case some existing products or
product uses should be removed from the market. These
proceedings are not yet finished and in some cases planned
public proceedings have been scheduled but have not yet begun.
(7) Unless the Administrator implements section 408 of the
Act as amended carefully and wisely, decisions made under it
could cause great harm to American agriculture, to food
production, food storage and transportation, and related
industries, and to other business. Such decisions could reduce
availability of fruits and vegetables, and other foods known to
aid human health, and could also have highly disruptive and problematic
effects on a variety of other important public and private areas such
as public health protection against insects and other disease vectors
and residential and business pest control. A major concern is that some
products will be removed from the market that are essential in
integrated pest management programs or pesticide resistance management
programs, and that pest species will more easily develop resistance to
the fewer remaining products that remain available.
(8) The regulatory requirements under the Food Quality
Protection Act of 1996 could have both short and long term
deleterious effects on U.S. agricultural products as these
producers move to a free market system as envisioned by the
Freedom to Farm Act.
(9) These disruptive and harmful effects could occur
without necessarily bringing about any significant health
benefits or risk reductions. The Administrator is now engaged
in making decisions on tolerance assessments and reassessments
at the same time that the Administrator is conducting a massive
program of policy development and reevaluation, and while the
Administrator is determining what data would be needed under
the new criteria and policies to answer some of the new
questions. If these decisions on individual pesticides are
issued and put into effect before the new policies are in place
or before the needed data are available, they may be based on
outdated and overly stringent policies, worst-case assumptions,
or both. These actions may be accompanied by adverse publicity
that could lead to unwarranted concern and could effectively
destroy the marketability of products that in fact are safe.
(10) The Act as amended has caused a major slowing of the
process for approval of new pesticide chemicals, new uses of
pesticides already registered for other uses, and applications
for emergency exemptions from the need for registration. This
is traceable to--
(A) the Agency's need to develop new criteria and
procedures;
(B) the diversion of resources to developing such
criteria and procedures and to the reassessment of
existing tolerances and registrations;
(C) the requirement that no new tolerance can be
issued until the Administrator determines that all
existing tolerances for the pesticide have been
reassessed and found safe; and
(D) the priority choices and resource allocation
decisions that are either dictated by the Act as
amended or chosen by the Administrator as a matter of
discretion.
(11) Congressional guidance for the Administrator is needed
to ensure that decisions are reasonable, well supported, and
balanced; to avoid disruptions in agriculture, other sectors of
the economy, and international trade caused by prematurely
implemented decisions or by public misunderstanding or
unwarranted speculation about tentative decisions. Much of the
potential problem can be avoided if the Administrator uses
available authority to resolve policy issues, announce data
needs, avoid unneeded use of assumptions in lieu of data, make
clear the tentative and preliminary nature of findings made in
the short term, and provide extended implementation periods for
adverse decisions when appropriate.
SEC. 3. SPECIAL DATA REQUIREMENTS; REQUIREMENT FOR CALLING IN
ADDITIONAL DATA.
(a) In General.--Section 408(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(f)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(1) Requiring submission'' and all that
follows through ``(A) issue a notice requiring the person'' and
inserting the following:
``(1) Requiring submission of additional data.--
``(A) Continuation of tolerance or exemption.--If
the Administrator determines that additional data or
information are reasonably required to support the
continuation of a tolerance or exemption that is in
effect under this section for a pesticide chemical
residue on a food, the Administrator shall obtain
additional data or information through any of the
methods described in paragraph (2).
``(B) Modifying, suspending, or revoking tolerance
or exemption.--If the Administrator makes a
determination that there may be grounds for modifying,
suspending, or revoking a tolerance or exemption in
effect under this section for a pesticide chemical
residue in or on food, the Administrator may not
modify, suspend, or revoke the tolerance or exemption
until the Administrator has considered additional data
or information obtained by the Administrator (after
making such determination). The Administrator shall
obtain the required additional data or information
through any of the methods described in paragraph (2).
``(2) Methods of obtaining additional data.--For purposes
of obtaining additional data or information under subparagraph
(A) or (B) of paragraph (1), the Administrator shall--
``(A) issue a notice requiring the person''.
(b) Conforming Amendments.--Section 408 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a) is amended--
(1) in subsection (b)(2)(E)(ii), by striking ``(f)(2)'' and
inserting ``(f)(3)''; and
(2) in subsection (g), in each of paragraphs (1) and
(2)(A), by striking ``(f)(2)'' and inserting ``(f)(3)''.
SEC. 4. REVIEW.
(a) Agency Authority for Certain Public-Interest Determinations.--
Section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a) is amended in subparagraph (C) of subsection (q)(1) by striking
the period at the end and inserting a comma, and in the matter
immediately after and below such subparagraph by inserting before the
sentence the following: ``except that such requirements relating to
periods of time apply only to the extent determined by the
Administrator to be in the public interest. Any such determination
shall be published in the Federal Register, together with a statement
of the reasons underlying the determination.''.
(b) Public Input.--Section 408(q)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(q)(1)) is amended in the matter after and
below subparagraph (C) by inserting before the period at the end the
following: ``, except that before issuing a final rule under subsection
(d)(4) the Administrator shall issue a proposed rule with a period of
60 days for public comment, and before issuing a proposed rule under
subsection (e) the Administrator shall issue an advance notice of
proposed rulemaking in order to provide for a preliminary exchange of
information and comments between the Administrator and the public''.
SEC. 5. TOLERANCES FOR EMERGENCY USES.
Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act is
amended in the last sentence by inserting before the period the
following: ``, except that the Administrator may issue such a tolerance
or exemption associated with an emergency exemption without regard to
other tolerances or exemptions for the pesticide chemical residue and
before reassessing such tolerances or exemptions, if the Administrator
determines that any incremental exposure that may result from the
tolerance or exemption associated with the emergency exemption alone
will not pose any significant dietary risk''.
SEC. 6. REPORTS ON RESOURCES AND PRIORITIES.
(a) Environmental Protection Agency.--
(1) In general.--Not later than January 15, 2000, the
Administrator of the Environmental Protection Agency (in this
subsection referred to as the ``Administrator'') shall submit
to the Congress a report specifying the financial resources
needed by the Administrator for the fiscal years 2001 through
2005 in order to carry out the amendments made by the Food
Quality Protection Act of 1996 to the Federal Food, Drug, and
Cosmetic Act and the Federal Insecticide, Fungicide, and
Rodenticide Act, including providing for the prompt processing
of all registration applications and petitions for tolerances,
requests for experimental use permits, and requests for
emergency exemptions and for decisions on the merits of such
applications, petitions, and requests, in addition to
performing tolerance reassessments and other duties required by
such amendments.
(2) Determination of effects of not receiving increased
amount of appropriations; reallocation of resources.--The
report under paragraph (1) shall, in addition to provisions
required in such paragraph, contain a determination of the
effects with respect to carrying out the amendments referred to
in such paragraph that would occur if relative to fiscal year
2000 an increased amount of appropriations is not made
available to the Administrator for carrying out the amendments,
including a description of the reallocations of existing
resources of the Environmental Protection Agency that would be
required in order to carry out the amendments.
(b) Department of Agriculture.--
(1) In general.--Not later than January 15, 2000, the
Secretary of Agriculture (in this section referred to as the
``Secretary'') shall submit to the Congress a report specifying
the financial resources needed by the Secretary for the fiscal
years 2001 through 2005 in order to carry out the
responsibilities of the Secretary under the Food Quality
Protection Act of 1996.
(2) Determination of effects of not receiving increased
amount of appropriations; reallocation of resources.--The
report under paragraph (1) shall, in addition to provisions
required in such paragraph, contain a determination of the
effects with respect to carrying out the responsibilities
referred to in such paragraph that would occur if relative to
fiscal year 2000 an increased amount of appropriations is not
made available to the Secretary for carrying out the
responsibilities, including a description of the reallocations
of existing resources of the Department of Agriculture that
would be required in order to carry out the responsibilities.
SEC. 7. INTERNATIONAL TRADE EFFECTS.
(a) Study.--
(1) In general.--The Secretary of Agriculture (in this
section referred to as the ``Secretary''), after consultation
with the Administrator of the Environmental Protection Agency
and the United States Trade Representative, shall establish and
administer a program to continuously monitor the competitive
strength of major United States agricultural commodity sectors
in the international marketplace. Such commodity sectors
include but are not limited to fruits and vegetables, corn,
wheat, cotton, rice, soybeans, and nursery crops.
(2) Certain factors.--In carrying out the requirements of
paragraph (1), the Secretary shall examine factors pertinent to
assessing, by sector, the sustainability and competitive
strength in the international marketplace and the relationship
of such factors to regulatory decisions issued under the
amendments made by the Food Quality Protection Act of 1996.
Such factors include but are not limited to sector changes,
regional changes, price, quality, and ratio of imports to
exports.
(b) Reports.--The Secretary shall prepare periodic reports
addressing the requirements and factors of paragraphs (1) and (2) of
subsection (a). Each such report shall be submitted to the Congress,
with referrals to the committees of jurisdiction in the House of
Representatives and the Senate. The first report shall be submitted not
later than October 1, 2000, and subsequent reports shall be submitted
biennially thereafter. | FQPA Implementation Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator of the Environmental Protection Agency, upon determining that there may be grounds for modifying, suspending, or revoking a tolerance or exemption for a pesticide chemical residue in or on food, from taking any such action until considering any additional data submitted to support the continuation of a tolerance or exemption.
Makes certain requirements for the Administrator's review of tolerances and exemptions for pesticide chemical residues in effect before the enactment of the Food Quality Protection Act of 1996 (FQPA) that relate to periods of time applicable only to the extent determined by the Administrator to be in the public interest. (Current law requires specified percentages of such tolerances and exemptions to be reviewed by certain dates.)
Authorizes the Administrator to issue a tolerance or exemption associated with an emergency exemption without regard to other tolerances or exemptions for the pesticide chemical residue and before reassessing such tolerances and exemptions if the Administrator determines that any incremental exposure that may result from the tolerance or exemption associated with the emergency exemption alone will not pose any significant dietary risk.
Directs the Administrator to report to Congress on financial resources needed for FY 2001 through 2005 to carry out the amendments made by the FQPA to the Federal Food, Drug, and Cosmetic Act and the Federal Insecticide, Fungicide, and Rodenticide Act. Requires the Secretary of Agriculture to report to Congress the financial resources needed for such fiscal years in order to carry out responsibilities under the FQPA.
Directs the Secretary to: (1) establish a program to monitor continuously the competitive strength of major U.S. agricultural commodity sectors in the international marketplace; (2) examine factors pertinent to assessing, by sector, the sustainability and competitive strength in the international marketplace and the relationship of such factors to regulatory decisions issued under the amendments made by the FQPA; and (3) submit periodic reports on such requirements and factors to Congress. | {"src": "billsum_train", "title": "FQPA Implementation Act of 1999"} | 3,350 | 431 | 0.627352 | 2.023541 | 0.762263 | 4.717742 | 8.478495 | 0.948925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers and First Responders Back
to Work Act of 2012''.
TITLE I--TEACHER STABILIZATION
SEC. 101. GRANTS AUTHORIZED.
Subject to the availability of appropriations to carry out this
title, the Secretary of Education (referred to in this title as the
``Secretary'') shall make grants to States to prevent teacher layoffs
and support the creation of additional jobs in early childhood,
elementary, and secondary public education in the 2012-2013 and 2013-
2014 school years.
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation of Funds.--From the amount appropriated to carry
out this title under section 109, the Secretary--
(1) shall reserve not more than \1/2\ of 1 percent to
provide assistance to the outlying areas on the basis of their
respective needs, as determined by the Secretary, for
activities consistent with this title under such terms and
conditions as the Secretary may determine;
(2) shall reserve not more than \1/2\ of 1 percent to
provide assistance to the Secretary of the Interior to carry
out activities consistent with this title in schools operated
or funded by the Bureau of Indian Education; and
(3) may reserve not more than $2,000,000 for each of fiscal
years 2012 and 2013 for administration and oversight of this
title, including program evaluation.
(b) Allocation.--The Secretary shall determine an award amount for
each State on the following basis:
(1) Of the amount that is 60 percent of the remaining funds
after reserving funds under subsection (a), the Secretary shall
allocate to each State an amount that bears the same ratio as
the population of individuals aged 5 through 17 living in the
State to the population of such individuals in all other
States.
(2) Of the amount that is 40 percent of the remaining funds
after reserving funds under subsection (a), the Secretary shall
allocate to each State an amount that bears the same ratio as
the State's total population to the total population of all
other States.
(c) Reallocation.--If a State does not receive a grant under this
title, the Secretary shall reallocate such State's grant allocation to
States receiving grants under this title using the formula described in
subsection (b).
SEC. 103. STATE APPLICATION.
(a) Application.--Not later than 30 days after the date of
enactment of this Act, a chief executive of a State seeking a grant
under this title shall submit an application to the Secretary in such
manner, and containing such information, as the Secretary may
reasonably require, including an assurance that the State will, for
fiscal years 2012 and 2013--
(1) maintain State support for early childhood, elementary,
and secondary education (in the aggregate or on the basis of
expenditure per pupil) at an amount that is not less than the
level of such support for fiscal year 2011; or
(2) maintain State support for early childhood, elementary,
and secondary education (in the aggregate or on the basis of
expenditure per pupil) at a percentage of a State's total
expenditures for a fiscal year that is equal to or greater than
the percentage that the State provided for fiscal year 2011.
(b) Letter.--Not later than 30 days after the date of enactment of
this Act, a chief executive of a State desiring not to receive a grant
under this title shall submit a letter to the Secretary that includes
an explanation of such chief executive's desire not to receive such
funds and such additional information as the Secretary may require.
(c) Waiver.--The Secretary may waive the requirement that a State
provide an assurance in subsection (a) (1) or (2) with regard to any
State if the Secretary determines that a waiver would be equitable due
to--
(1) exceptional or uncontrollable circumstances, such as a
natural disaster; or
(2) a precipitous decline in the financial resources of the
State, as determined by the Secretary.
SEC. 104. STATE GRANTS.
(a) Reservation.--Each State receiving a grant under this title
shall reserve--
(1) not more than 10 percent of the grant funds for awards
to State-funded early learning programs; and
(2) not more than 2 percent of the grant funds for the
administrative costs of carrying out its responsibilities under
this title.
(b) Subgrants to Local Educational Agencies.--
(1) In general.--A State that receives a grant under this
title shall, after reserving any funds under subsection (a),
use the remaining grant funds for awards to local educational
agencies for the support of early childhood, elementary, and
secondary public education.
(2) Allocation.--A State that receives a grant under this
title shall distribute the remaining grant funds described in
paragraph (1) through subgrants on the following basis:
(A) Of the amount that is 60 percent of such
remaining grant funds, the State shall allocate to each
local educational agency an amount that bears the same
ratio as the local educational agency's enrollment to
the enrollment for all other local educational agencies
in the State.
(B) Of the amount that is 40 percent of such
remaining grant funds, the State shall allocate to each
local educational agency an amount that bears the same
ratio as the funds that the local educational agency
received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.) for fiscal year 2011 to the funds that all other
local educational agencies in the State receive under
such Act.
(3) Timing.--A State that receives a grant under this title
shall make subgrants available to local educational agencies
not later than 100 days after receiving a grant under this
title.
(c) Prohibitions.--A State that receives a grant under this title
may not use the grant funds to directly or indirectly--
(1) establish, restore, or supplement a rainy-day fund;
(2) supplant State funds in a manner that has the effect of
establishing, restoring, or supplementing a rainy-day fund;
(3) reduce or retire debt obligations incurred by the
State; or
(4) supplant State funds in a manner that has the effect of
reducing or retiring debt obligations incurred by the State.
SEC. 105. LOCAL EDUCATIONAL AGENCY SUBGRANTS.
(a) Uses of Funds.--A local educational agency that receives a
subgrant under this title shall use the subgrant funds only to pay
compensation, benefits, and other expenses necessary to retain existing
employees, recall or rehire former employees, or hire new employees to
provide early childhood, elementary, or secondary educational and
related services.
(b) Timing.--A local educational agency that receives a subgrant
under this title shall obligate such funds not later than September 30,
2014.
SEC. 106. EARLY LEARNING PROGRAMS.
(a) Uses of Funds.--A State-funded early learning program that
receives funds under this title shall use those funds only for
compensation, benefits, and other expenses necessary to retain early
childhood educators, recall or rehire former early childhood educators,
or hire new early childhood educators to provide early learning
services.
(b) Timing.--A State-funded early learning program that receives
funds under this title shall obligate those funds not later than
September 30, 2014.
SEC. 107. REPORTING.
Not later than September 30 of 2013 and 2014, a State that receives
a grant under this title shall submit a report to the Secretary that
contains--
(1) a description of how the State expended or obligated
funds received under this title; and
(2) an estimate of the number of jobs that the State
supported using funds received under this title.
SEC. 108. DEFINITIONS.
Except as otherwise provided, in this title:
(1) The terms ``local educational agency'', ``outlying
area'', and ``State educational agency'' have the meanings
given those terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ``State-funded early learning program'' means
a program that provides educational services to children from
birth to kindergarten entry and receives funding from the State
other than funds received under this title.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2012 and 2013, there is authorized to be
appropriated $30,000,000,000 to carry out the grant program under this
title.
TITLE II--FIRST RESPONDER STABILIZATION
SEC. 201. PURPOSE.
The purpose of this title is to provide funds to States and
localities to prevent layoffs of, and support the creation of
additional jobs for, law enforcement officers and firefighters.
SEC. 202. FIREFIGHTER GRANT PROGRAM.
(a) Grants Authorized.--Subject to the availability of
appropriations to carry out this title, the Secretary of Homeland
Security shall make competitive grants to hire, rehire, and retain
firefighters pursuant to section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a) and to maintain resources for
fire departments. In making such grants, the Secretary may waive the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4)(A) of section 34 of such Act.
(b) Authorization of Appropriations.--In addition to funds
otherwise appropriated for grants under section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a), there is
authorized to be appropriated $1,000,000,000 to carry out this section
for each of fiscal years 2012 and 2013, of which the Secretary of
Homeland Security shall reserve an amount not to exceed $2,000,000 for
each such fiscal year to carry out the administrative costs of this
section.
SEC. 203. LAW ENFORCEMENT OFFICER GRANT PROGRAM.
(a) Police Officers.--Subject to the availability of appropriations
to carry out this title, the Attorney General shall make competitive
grants to hire, rehire, and retain career law enforcement officers
pursuant to section 1701 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd). Grants awarded under this section shall
not be subject to subsections (g) or (i) of section 1701 or to section
1704 of such Act (42 U.S.C. 3796dd; 42 U.S.C. 3796dd-3).
(b) Authorization of Appropriations.--In addition to funds
otherwise appropriated for grants under section 1701 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd), there is
authorized to be appropriated $4,000,000,000 to carry out this section
for each of fiscal years 2012 and 2013, of which the Attorney General
shall reserve an amount not greater than $8,000,000 for each such
fiscal year to carry out the administrative costs of this section. | Teachers and First Responders Back to Work Act of 2012 - Directs the Secretary of Education to make grants to states to prevent teacher layoffs and support the creation of additional jobs in early childhood, elementary, and secondary public education in the 2012-2013 and 2013-2014 school years. Directs the Secretary to allocate grant funds based on each state's: (1) population of individuals aged 5 through 17 relative to all other states, and (2) total population relative to all other states.
Sets forth application requirements, including assurances with respect to maintenance of state support for early childhood, elementary, and secondary education at no less than FY2011 levels. Requires a state to: (1) reserve 10% of grant funds for awards to state-funded early learning programs; and (2) allocate remaining funds to local educational agencies (LEAs) based on each LEA's enrollment, and the amount of funds received by the LEA for basic programs under the Elementary and Secondary Education Act of 1965, relative to the enrollment of and amounts received by all other LEAs in the state. Requires early learning programs and LEAs to use such funds only to pay compensation, benefits, and other expenses necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services.
Directs: (1) the Secretary of Homeland Security (DHS) to make competitive grants to hire, rehire, and retain firefighters pursuant to the Federal Fire Prevention and Control Act of 1974 and to maintain resources for fire departments; and (2) the Attorney General to make competitive grants to hire, rehire, and retain career law enforcement officers pursuant to the Omnibus Crime Control and Safe Streets Act of 1968. Authorizes additional appropriations for FY2012-FY2013 for such grants. | {"src": "billsum_train", "title": "To direct the Secretary of Education to make grants to States to hire teachers and prevent layoffs, to direct the Secretary of Homeland Security to make grants to hire firefighters and prevent layoffs, and to direct the Attorney General to make grants to hire law enforcement officers and prevent layoffs, and for other purposes."} | 2,474 | 386 | 0.534753 | 1.745003 | 0.793367 | 4.828571 | 6.394286 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Development Centers
Modernization Act of 2009''.
SEC. 2. SMALL BUSINESS DEVELOPMENT CENTERS OPERATIONAL CHANGES.
(a) Accreditation Requirement.--Section 21(a)(1) of the Small
Business Act (15 U.S.C. 648(a)(1)) is amended as follows:
(1) In the proviso, by inserting before ``institution'' the
following: ``accredited''.
(2) In the sentence beginning ``The Administration shall'',
by inserting before ``institutions'' the following:
``accredited''.
(3) By adding at the end the following new sentence: ``In
this paragraph, the term `accredited institution of higher
education' means an institution that is accredited as described
in section 101(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)(5)).''.
(b) Program Negotiations.--Section 21(a)(3) of the Small Business
Act (15 U.S.C. 648(a)(3)) is amended in the matter preceding
subparagraph (A), by inserting before ``agreed'' the following:
``mutually''.
(c) Contract Negotiations.--Section 21(a)(3)(A) of the Small
Business Act (15 U.S.C. 648(a)(3)(A)) is amended by inserting after
``uniform negotiated'' the following: ``mutually agreed to''.
(d) SBDC Hiring.--Section 21(c)(2)(A) of the Small Business Act (15
U.S.C. 648(c)(2)(A)) is amended by inserting after ``full-time staff''
the following: ``, the hiring of which shall be at the sole discretion
of the center without the need for input or approval from any officer
or employee of the Administration''.
(e) Content of Consultations.--Section 21(a)(7)(A) of the Small
Business Act (15 U.S.C. 648(a)(7)(A)) is amended in the matter
preceding clause (i) by inserting after ``under this section'' the
following: ``, or the content of any consultation with such an
individual or small business concern,''.
(f) Amounts for Administrative Expenses.--Section 21(a)(4)(C)(v)(I)
of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended to
read as follows:
``(I) In general.--Of the amounts made
available in any fiscal year to carry out this
section, not more than $500,000 may be used by
the Administration to pay expenses enumerated
in subparagraphs (B) through (D) of section
20(a)(1).''.
(g) Non-matching Portability Grants.--Section 21(a)(4)(C)(viii) of
the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended by
adding at the end the following: ``In the event of a disaster, the
dollar limitation in the preceding sentence shall not apply.''.
(h) Distribution to SBDCs.--Section 21(b) of the Small Business Act
(15 U.S.C. 648(b)) is amended by adding at the end the following new
paragraph:
``(4) Limitation on Distribution to Small Business Development
Centers.--
``(A) In general.--Except as otherwise provided in this
paragraph, the Administration shall not distribute funds to a
Small Business Development Center if the State in which the
Small Business Development Center is located is served by more
than one Small Business Development Center.
``(B) Unavailability exception.--The Administration may
distribute funds to a maximum of two Small Business Development
Centers in any State if no applicant has applied to serve the
entire State.
``(C) Grandfather clause.--The limitations in this
paragraph shall not apply to any State in which more than one
Small Business Development Center received funding prior to
January 1, 2007.
``(D) Definition.--For the purposes of this paragraph, the
term `Small Business Development Center' means the entity
selected by the Administration to receive funds pursuant to the
funding formula set forth in subsection (a)(4), without regard
to the number of sites for service delivery such entity
establishes or funds.''.
(i) Women's Business Centers.--Section 21(a)(1) of the Small
Business Act (15 U.S.C. 648(a)(1)), as amended, is further amended--
(1) by striking ``and women's business centers operating
pursuant to section 29''; and
(2) by striking ``or a women's business center operating
pursuant to section 29''.
SEC. 3. ACCESS TO CREDIT AND CAPITAL.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following new subsection:
``(o) Access to Credit and Capital Program.--
``(1) In general.--The Administration shall establish a
grant program for small business development centers in
accordance with this subsection. To be eligible for the
program, a small business development center must be in good
standing and comply with the other requirements of this
section. Funds made available through the program shall be used
to--
``(A) develop specialized programs to assist local
small business concerns in securing capital and
repairing damaged credit;
``(B) provide informational seminars on securing
credit and loans;
``(C) provide one-on-one counseling with potential
borrowers to improve financial presentations to
lenders; and
``(D) facilitate borrowers' access to non-
traditional financing sources, as well as traditional
lending sources.
``(2) Award size limit.--The Administration may not award
an entity more than $300,000 in grant funds under this
subsection.
``(3) Authority.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry
out the program established in subsection (a)(1), the
Administration may make grants or enter into cooperative
agreements to carry out this subsection.
``(4) Authorization.--There is authorized to be
appropriated not more than $2,500,000 for the purposes of
carrying out this subsection for each of the fiscal years 2010
and 2011.''.
SEC. 4. PROCUREMENT TRAINING AND ASSISTANCE.
Section 21 of the Small Business Act (15 U.S.C. 648), as amended,
is further amended by adding at the end the following new subsection:
``(p) Procurement Training and Assistance.--
``(1) In general.--The Administration shall establish a
grant program for small business development centers in
accordance with this subsection. To be eligible for the
program, a small business development center must be in good
standing and comply with the other requirements of this
section. Funds made available through the program shall be used
to--
``(A) work with local agencies to identify
contracts that are suitable for local small business
concerns;
``(B) prepare small businesses to be ready as
subcontractors and prime contractors for contracts made
available under the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) through training and
business advisement, particularly in the construction
trades; and
``(C) provide technical assistance regarding the
Federal procurement process, including assisting small
business concerns to comply with federal regulations
and bonding requirements.
``(2) Award size limit.--The Administration may not award
an entity more than $300,000 in grant funds under this
subsection.
``(3) Authority.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry
out the program established in subsection (a)(1), the
Administration may make grants or enter into cooperative
agreements to carry out this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated not more than $2,500,000 for the purposes of
carrying out this subsection for each of the fiscal years 2010
and 2011.''.
SEC. 5. GREEN ENTREPRENEURS TRAINING PROGRAM.
Section 21 of the Small Business Act (15 U.S.C. 648), as amended,
is further amended by adding at the end the following new subsection:
``(q) Green Entrepreneurs Training Program.--
``(1) In general.--The Administration shall establish a
grant program for small business development centers in
accordance with this subsection. To be eligible for the
program, a small business development center must be in good
standing and comply with the other requirements of this
section. Funds made available through the program shall be used
to--
``(A) provide education classes and one-on-one
instruction in starting a business in the fields of
energy efficiency, green technology, or clean
technology and in adapting a business to include such
fields;
``(B) coordinate such classes and instruction, to
the extent practicable, with local community colleges
and local professional trade associations;
``(C) assist and provide technical counseling to
individuals seeking to start a business in the fields
of energy efficiency, green technology, or clean
technology and to individuals seeking to adapt a
business to include such fields; and
``(D) provide services that assist low-income or
dislocated workers to start businesses in the fields of
energy efficiency, green technology, or clean
technology.
``(2) Award size limit.--The Administration may not award
an entity more than $300,000 in grant funds under this
subsection.
``(3) Authority.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry
out the program established in subsection (a)(1), the
Administration may make grants or enter into cooperative
agreements to carry out this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated not more than $2,500,000 for the purposes of
carrying out this subsection for each of the fiscal years 2010
and 2011.''.
SEC. 6. MAIN STREET STABILIZATION.
Section 21 of the Small Business Act (15 U.S.C. 648), as amended,
is further amended by adding the following new subsection at the end
thereof:
``(r) Main Street Stabilization.--
``(1) In general.--The Administration shall establish a
grant program for small business development centers in
accordance with this subsection. To be eligible for the
program, a small business development center must be in good
standing and comply with the other requirements of this
section. Funds made available through the program shall be used
to--
``(A) establish a statewide small business helpline
within every State and United States territory to
provide immediate expert information and assistance to
small business concerns;
``(B) develop a portfolio of online survival and
growth tools and resources that struggling small
business concerns can utilize through the Internet;
``(C) develop business advisory capacity to provide
expert consulting and education to assist small
businesses at-risk of failure and to, in areas of high
demand, shorten the response time of small business
development centers, and, in rural areas, support added
outreach in remote communities;
``(D) deploy additional resources to help specific
industry sectors with a high presence of small business
concerns, which shall be targeted toward clusters of
small businesses with similar needs and build upon best
practices from earlier assistance;
``(E) develop a formal listing of financing options
for small business capital access; and
``(F) deliver services that help dislocated workers
start new businesses.
``(2) Award size limit.--The Administration may not award
an entity more than $250,000 in grant funds under this
subsection.
``(3) Authority.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry
out the program established in subsection (a)(1), the
Administration may make grants or enter into cooperative
agreements to carry out this subsection.
``(4) Authorization.--There is authorized to be
appropriated not more than $2,500,000 for the purposes of
carrying out this subsection for each of the fiscal years 2010
and 2011.''.
SEC. 7. PROHIBITION ON PROGRAM INCOME BEING USED AS MATCHING FUNDS.
Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is amended by
inserting after ``Federal program'' the following: ``and shall not
include any funds obtained through the assessment of fees to small
business clients''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by inserting after subsection (e) the following new subsection:
``(f) Small Business Development Centers.--There is authorized to
be appropriated to carry out the Small Business Development Center
Program under section 21 $150,000,000 for fiscal year 2010 and
$160,000,000 for fiscal year 2011.''.
SEC. 9. SMALL MANUFACTURERS TRANSITION ASSISTANCE PROGRAM.
Section 21 of the Small Business Act (15 U.S.C. 648), as amended,
is further amended by adding at the end the following new subsection:
``(s) Small Manufacturers Transition Assistance Program.--
``(1) In general.--The Administration shall establish a
grant program for small business development centers in
accordance with this subsection. To be eligible for the
program, a small business development center must be in good
standing and comply with the other requirements of this
section. Funds made available through the program shall be used
to--
``(A) provide technical assistance and expertise to
small manufacturers with respect to changing operations
to another industry sector or reorganizing operations
to increase efficiency and profitability;
``(B) assist marketing of the capabilities of small
manufacturers outside the principal area of operations
of such manufacturers;
``(C) facilitate peer-to-peer and mentor-protege
relationships between small manufacturers and
corporations and Federal agencies; and
``(D) conduct outreach activities to local small
manufacturers with respect to the availability of the
services described in subparagraphs (A), (B), and (C).
``(2) Definition of small manufacturer.--In this
subsection, the term `small manufacturer' means a small
business concern engaged in an industry specified in sector 31,
32, or 33 of the North American Industry Classification System
in section 121.201 of title 13, Code of Federal Regulations.
``(3) Award size limit.--The Administration may not award
an entity more than $250,000 in grant funds under this
subsection.
``(4) Authority.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry
out the program established in subsection (a)(1), the
Administration may make grants or enter into cooperative
agreements to carry out this subsection.
``(5) Authorization.--There is authorized to be
appropriated not more than $2,500,000 for the purposes of
carrying out this subsection for each of the fiscal years 2010
and 2011.''.
Passed the House of Representatives November 7, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Development Centers Modernization Act of 2009 - Amends the Small Business Act relating to small business development centers (SBDCs) (centers established through the Small Business Administration [SBA] to provide advisory, operational, and technical assistance to small businesses) to: (1) require institutions of higher education that are provided SBDC grants to be accredited; (2) require SBDC employee hirings to be at the sole discretion of an SBDC without input or approval from SBA officers or employees; (3) eliminate a matching funds requirement with respect to SBDC grant programs conducted in areas in which a disaster has occurred; and (4) allow grant distributions with respect to two or more SBDCs located in the same state only when no applicant has applied to serve the entire state.
Directs the Administrator to establish SBDC grant programs for: (1) access to credit and capital; (2) procurement training and assistance; (3) green entrepreneurs training; (4) main street stabilization; and (5) small manufacturers transition (business change or reorganization) assistance. Limits grants to $300,000 per entity ($250,000 with respect to the latter two programs). Authorizes appropriations under each program for FY2010-FY2011.
Prohibits funds recovered under an SBDC program through fees assessed to small business clients from being considered matching funds.
Authorizes appropriations for the SBDC program for FY2010-FY2011. | {"src": "billsum_train", "title": "To amend the Small Business Act to modernize Small Business Development Centers, and for other purposes."} | 3,391 | 297 | 0.477177 | 1.422032 | 0.834307 | 2.026316 | 11.289474 | 0.853383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Museum of African American
History and Culture Plan for Action Presidential Commission Act of
2001''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the National Museum of
African American History and Culture Plan for Action Presidential
Commission (hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of not more than 23
members appointed as follows:
(1) The President shall appoint seven voting members.
(2) The Speaker of the House of Representatives and the Senate
Majority Leader shall each appoint six voting members.
(3) In addition to the members appointed under paragraph (2),
the Speaker of the House of Representatives and the Senate Majority
Leader shall each appoint two additional nonvoting members.
(c) Qualifications.--Members of the Commission shall be chosen from
the following professional groups:
(1) Professional museum associations, including the Association
of African American Museums and African American Museum Cultural
Complex, Inc.
(2) Academic institutions and groups committed to the research
and study of African American life, art, history, and culture,
including Historically Black Colleges and Universities and the
Joint Center for Political and Economic Studies.
SEC. 3. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--
(1) In general.--The Commission shall submit a report to the
President and the Congress containing its recommendations with
respect to a plan of action for the establishment and maintenance
of the National Museum of African American History and Culture in
Washington, D.C. (hereafter in this Act referred to as the
``Museum'').
(2) National conference.--In developing the recommendations,
the Commission shall convene a national conference on the Museum,
comprised of individuals committed to the advancement of African
American life, art, history, and culture, not later than 3 months
after the date of the enactment of this Act.
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the African American community.
(c) Report on Issues.--The Commission shall examine and submit a
report to the President and the Congress on the following issues:
(1) The availability and cost of collections to be acquired and
housed in the Museum.
(2) The impact of the Museum on regional African American
museums.
(3) Possible locations for the Museum on or adjacent to the
National Mall in Washington, D.C.
(4) The cost of converting the Smithsonian Institution's Arts
and Industries Building into a modern museum with requisite
temperature and humidity controls.
(5) Whether the Museum should be located within the Smithsonian
Institution.
(6) The governance and organizational structure from which the
Museum should operate.
(d) Legislation to Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on Rules
and Administration of the Senate, and the Committees on Appropriations
of the House of Representatives and Senate a legislative plan of action
to create and construct the Museum.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Secretary of the Interior.--The
Secretary of the Interior shall provide the administrative services,
facilities, and funds necessary for the performance of the Commission's
functions.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports and plans required under section 3 not later than 9 months
after the date of the enactment of this Act.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports and plans pursuant
to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 for activities
of the Commission during fiscal year 2002.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 - Establishes the National Museum of African American History and Culture Plan for Action Presidential Commission to develop a plan of action for the establishment and maintenance of the National Museum of African American History and Culture in Washington, D.C.Requires the Commission to: (1) convene, within three months after enactment of this Act, a national conference on the Museum, composed of individuals committed to the advancement of African American life, art, history, and culture, to help develop its plan recommendations; (2) develop a fundraising plan for supporting creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the African American community; and (3) report the plan to the President and the Congress, with a legislative plan of action, and recommendations on specified issues relating, including the Museum's impact on regional African American museums, whether it should be part of the Smithsonian Institution (SI), possible locations on or adjacent to the National Mall, and costs of converting SI's Arts and Industries Building into a modern museum.Directs the Secretary of the Interior to provide administrative services, facilities, and funds for the Commission.Requires the Commission to submit final versions of the required reports and plans within nine months after enactment of this Act. | {"src": "billsum_train", "title": "To establish the National Museum of African American History and Culture Plan for Action Presidential Commission to develop a plan of action for the establishment and maintenance of the National Museum of African American History and Culture in Washington, D.C., and for other purposes."} | 1,067 | 289 | 0.730931 | 2.165967 | 0.955071 | 4.807692 | 3.784615 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``Commercial Alien Smuggling Elimination Act of
2003''; or
(2) the ``CASE Act of 2003''.
SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS.
(a) In General.--Section 101(a)(15)(S) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines--
``(I) is in possession of critical reliable
information concerning a commercial alien
smuggling organization or enterprise;
``(II) is willing to supply or has supplied
such information to a Federal or State court;
and
``(III) whose presence in the United States
the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines is essential to the success of an
authorized criminal investigation, the
successful prosecution of an individual
involved in the commercial alien smuggling
organization or enterprise, or the disruption
of such organization or enterprise,'';
(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) of the Immigration
and Nationality Act (8 U.S.C. 1184(k)) is amended--
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(S)(iii) in any fiscal year may not exceed
400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or
that of any family member of such a nonimmigrant who is provided
nonimmigrant status pursuant to such section, must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED
FOR PERMANENT RESIDENCE.
Section 245(j) of the Immigration and Nationality Act (8 U.S.C.
1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) If, in the opinion of the Secretary of Homeland Security, the
Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of a commercial alien smuggling
investigation, the disruption of a commercial alien smuggling
operation, or the prosecution of an individual described in
subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien
(and the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not described
in section 212(a)(3)(E).
``(4) The Secretary of Homeland Security may adjust the status of a
nonimmigrant admitted into the United States under section
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and
daughters, and parents of the nonimmigrant if admitted under that
section) to that of an alien lawfully admitted for permanent residence
on the basis of a recommendation of the Secretary of State or the
Attorney General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a person
whose status is adjusted under this subsection must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more; and
``(C) aliens were transported in a manner that endangered
their lives or the aliens presented a life-threatening health
risk to people in the United States.''.
(b) Rewards Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the
following:
``(e) Rewards Program.--
``(1) In general.--There is established in the Department
of Homeland Security a program for the payment of rewards to
carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the elimination of commercial alien smuggling
involving the transportation of aliens in groups of 10 or
more--
``(A) in a manner that endangers their lives; or
``(B) who present a life-threatening health risk to
people in the United States.
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual
conspiring or attempting to commit an act of commercial
alien smuggling involving the transportation of aliens
in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States;
``(B) the arrest or conviction of any individual
committing such an act;
``(C) the arrest or conviction of any individual
aiding or abetting the commission of such an act;
``(D) the prevention, frustration, or favorable
resolution of such an act, including the dismantling of
a commercial alien smuggling organization in whole or
in significant part; or
``(E) the identification or location of an
individual who holds a key leadership position in a
commercial alien smuggling operation involving the
transportation of aliens in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that the identity of an individual who furnishes
information or testimony described in paragraph (4), or the
identity of any spouse, parent, son, or daughter of such an
individual, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this
subsection may exceed $100,000, except as personally
authorized by the Secretary of Homeland Security if
such Secretary determines, in consultation, as
appropriate, with the Attorney General and the
Secretary of State, that the offer or payment of an
award of a larger amount is necessary to combat a
commercial alien smuggling operation involving the
transportation of aliens in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States.
``(B) Approval.--Any reward under this subsection
exceeding $50,000 shall be personally approved by the
Secretary of Homeland Security.
``(C) Certification for payment.--Any reward
granted under this subsection shall be certified for
payment by the Secretary of Homeland Security.''.
(c) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is
further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, shall develop and implement an outreach program to
educate the public in the United States and abroad about--
``(1) the penalties for bringing in and harboring aliens in
violation of this section; and
``(2) the financial rewards and other incentives available
for assisting in the investigation, disruption, or prosecution
of a commercial smuggling operation.''. | Commercial Alien Smuggling Elimination Act of 2003 or the CASE Act of 2003 - Amends the Immigration and Nationality Act to establish within the S visa nonimmigrant classification (criminal or terrorist law enforcement assistance) a category for an alien: (1) who has reliable information about a commercial alien smuggling enterprise; (2) who is willing to supply or has supplied such information to a Federal or State court; and (3) whose presence in the United States is essential to such investigation. Authorizes: (1) up to 400 annual entrants; and (2) status adjustment to permanent resident.
Authorizes measures as necessary to protect such individuals and their families.
Authorizes increased criminal penalties for a person illegally bringing in and harboring aliens into the United States if: (1) part of a commercial enterprise; and (2) the aliens were transported in groups of ten or more, and in a manner that endangered their lives or presented a U.S. health risk. Establishes in the Department of Homeland Security a rewards program to help eliminate such enterprises. (States that Federal, State, local, or foreign officers or employees performing their official duties shall be ineligible for such rewards.) Directs the Secretary of Homeland Security to implement a related public outreach program. | {"src": "billsum_train", "title": "To prevent commercial alien smuggling, and for other purposes."} | 2,385 | 281 | 0.581019 | 1.591408 | 0.811896 | 2.900415 | 8.896266 | 0.858921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Schools Improvement Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bullying fosters a climate of fear and disrespect that
can seriously impair the physical and psychological health of
its victims and create conditions that negatively affect
learning, thereby undermining the ability of students to
achieve their full potential.
(2) Bullying and harassment contribute to high dropout
rates, increased absenteeism, and academic underachievement.
(3) Bullying and harassment includes a range of behaviors
that negatively impact a student's ability to learn and
participate in educational opportunities and activities that
schools offer. Such behaviors can include hitting or punching,
teasing or name-calling, intimidation through gestures or
social exclusion, and sending insulting or offensive messages
through electronic communications such as Internet sites, e-
mail, instant messaging, mobile phones and messaging,
telephone, or any other means.
(4) Schools with enumerated anti-bullying and harassment
policies have an increased level of reporting and teacher
intervention in incidents of bullying and harassment, thereby
reducing the overall frequency and number of such incidents.
(5) Students have been particularly singled out for
bullying and harassment on the basis of their actual or
perceived race, color, national origin, sex, disability status,
sexual orientation or gender identity, among other categories.
(6) Some young people experience a form of bullying called
relational aggression or psychological bullying, which harms
individuals by damaging, threatening, or manipulating their
relationships with their peers, or by injuring their feelings
of social acceptance.
(7) Interventions to address bullying and harassment and
create a positive and safe school climate, combined with
evidence-based discipline policies and practices, such as
Positive Behavior Interventions and Supports (PBIS) and
restorative practices, can minimize suspensions, expulsions,
and other exclusionary discipline policies to ensure that
students are not ``pushed-out'' or diverted to the juvenile
justice system.
(8) According to a recent poll, 85 percent of Americans
strongly support or somewhat support a Federal law to require
schools to enforce specific rules to prevent bullying.
(9) Students, parents, educators, and policymakers have
come together to call for leadership and action to address the
national crisis of bullying and harassment.
SEC. 3. SAFE SCHOOLS IMPROVEMENT.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--SAFE SCHOOLS IMPROVEMENT
``SEC. 4401. PURPOSE.
``The purpose of this part is to address the problem of bullying
and harassment of students in public elementary schools and secondary
schools.
``SEC. 4402. STATE REQUIREMENTS.
``(a) State Reporting, Needs Assessment, and Technical
Assistance.--Each State that receives funds under this Act shall carry
out the following:
``(1) Collection and report of information.--
``(A) In general.--The State shall collect and
report information on the incidence, prevalence, age of
onset, perception of health risk, and perception of
social disapproval of bullying and harassment by youth
in elementary schools and secondary schools and
communities in the State.
``(B) Source of information.--In collecting
information described in subparagraph (A), the State
shall include information collected from incident
reports by school officials, anonymous student surveys,
and anonymous teacher, administrator, specialized
instructional support personnel, and other school
personnel surveys reported to the State on a school-by-
school basis but shall not identify victims of bullying
or harassment or persons accused of bullying or
harassment.
``(C) Report.--The chief executive officer of the
State, in cooperation with the State educational
agency, shall--
``(i) submit a biennial report on the
information described in this paragraph to the
Secretary; and
``(ii) make such information readily
available to the public.
``(2) Needs assessment.--The State shall conduct, and
publicly report the results of, a needs assessment for bullying
and harassment prevention programs, which shall be based on
ongoing State evaluation activities, including data on--
``(A) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(B) the perception of students, parents, and
communities regarding their school environment,
including with respect to the prevalence and
seriousness of incidents of bullying and harassment and
the responsiveness of the school to those incidents.
``(3) Technical assistance.--The State shall provide
technical assistance to local educational agencies and schools
in their efforts to prevent and appropriately respond to
incidents of bullying and harassment.
``(b) Available Funding for States.--To implement the requirements
described in subsection (a), the State may use--
``(1) administrative funds consolidated under section 9201;
or
``(2) other funds available to the State under this Act, to
the extent consistent with the authorized uses of such funds.
``SEC. 4403. LOCAL EDUCATIONAL AGENCY REQUIREMENTS.
``(a) Local Educational Agency Discipline Policies, Performance
Indicators, and Grievance Procedures.--Each local educational agency
that receives funds under this Act shall--
``(1) include within the agency's comprehensive discipline
policies clear prohibitions against bullying and harassment for
the protection of all students;
``(2) establish and monitor performance indicators for
incidents of bullying and harassment;
``(3) provide annual notice to parents, students, and
educational professionals--
``(A) describing the full range of bullying and
harassment conduct prohibited by the agency's
discipline policies; and
``(B) reporting on the numbers and nature of
bullying and harassment incidents for each school
served by the local educational agency; and
``(4) establish and provide annual notice to students,
parents, and educational professionals of grievance procedures
for students, parents, or educational professionals who seek to
register complaints regarding bullying and harassment
prohibited by the discipline policies, including--
``(A) the name of the local educational agency
official who is designated as responsible for receiving
such complaints; and
``(B) timelines that the local educational agency
will follow in the resolution of such complaints.
``(b) Available Funding for Local Educational Agencies.--To
implement the requirements described in subsection (a), the local
educational agency may use--
``(1) administrative funds consolidated under section 9203;
or
``(2) other funds available to the local educational agency
under this Act, to the extent consistent with the authorized
uses of such funds.
``SEC. 4404. EVALUATION.
``(a) Biennial Evaluation.--The Secretary shall conduct an
independent biennial evaluation of programs to combat bullying and
harassment in elementary schools and secondary schools, including
implementation of the requirements described in sections 4402 and 4403,
including whether such programs have appreciably reduced the level of
bullying and harassment and have conducted effective parent involvement
and training programs.
``(b) Data Collection.--The Commissioner for Education Statistics
shall collect data, that are subject to independent review, to
determine the incidence and prevalence of bullying and harassment in
elementary schools and secondary schools in the United States. The
collected data shall include incident reports by school officials,
anonymous student surveys, anonymous parent surveys, and anonymous
teacher, administrator, specialized instructional support personnel,
and other school personnel surveys.
``(c) Biennial Report.--Not later than January 1, 2012, and every 2
years thereafter, the Secretary shall submit to the President and
Congress a report on the findings of the evaluation conducted under
subsection (a) together with the data collected under subsection (b)
and data submitted by the States under section 4402(a)(1)(C)(i).
``SEC. 4405. DEFINITIONS.
``In this part:
``(1) Bullying.--The term `bullying'--
``(A) means conduct, including an electronic
communication, that adversely affects the ability of 1
or more students to participate in or benefit from the
school's educational programs or activities by placing
the student (or students) in reasonable fear of
physical harm; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability;
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by a State
or local educational agency; or
``(iii) association with a person or group
with 1 or more of the actual or perceived
characteristics listed in clause (i) or (ii).
``(2) Electronic communication.--The term `electronic
communication' means a communication transmitted by means of an
electronic device, such as a telephone, cellular phone,
computer, or pager.
``(3) Harassment.--The term `harassment'--
``(A) means conduct, including an electronic
communication, that adversely affects the ability of 1
or more students to participate in or benefit from the
school's educational programs or activities because the
conduct, as reasonably perceived by the student (or
students), is so severe, persistent, or pervasive; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability;
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristic that may be defined by a State
or local educational agency; or
``(iii) association with a person or group
with 1 or more of the actual or perceived
characteristics listed in clause (i) or (ii).
``SEC. 4406. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
(including remedies and procedures) available to individuals under,
other Federal laws that establish protections for freedom of speech or
expression.
``SEC. 4407. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a State or
local entity from enacting any law with respect to the prevention of
bullying or harassment of students that is not inconsistent with this
part.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:
``PART D--Safe Schools Improvement
``Sec. 4401. Purpose.
``Sec. 4402. State requirements.
``Sec. 4403. Local educational agency requirements.
``Sec. 4404. Evaluation.
``Sec. 4405. Definitions.
``Sec. 4406. Effect on other laws.
``Sec. 4407. Rule of construction.''. | Safe Schools Improvement Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to require states, on an ongoing basis, to: (1) collect and report certain information on bullying and harassment by youth in their elementary and secondary schools and communities; (2) conduct, and report the results of, a needs assessment for bullying and harassment prevention programs; and (3) provide technical assistance to local educational agencies (LEAs) and schools in their efforts to thwart bullying and harassment.
Requires LEAs to: (1) include clear prohibitions against bullying and harassment within their discipline policies; (2) establish and monitor performance indicators for incidents of bullying and harassment; and (3) establish grievance procedures students, parents, and educators can use to redress such conduct.
Directs LEAs to notify parents, students, and educators annually on: (1) the bullying and harassment prohibited by their discipline policies, (2) the numbers and nature of bullying and harassment incidents for each of their schools, and (3) grievance procedures for redressing such conduct.
Requires: (1) the Secretary of Education to conduct, and report on, an independent biennial evaluation of programs to combat bullying and harassment in elementary and secondary schools; and (2) the Commissioner for Education Statistics to collect data, that are subject to independent review, to determine the incidence and prevalence of bullying and harassment in elementary and secondary schools in this country. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to address and take action to prevent bullying and harassment of students."} | 2,793 | 285 | 0.550379 | 1.620293 | 0.764849 | 4.189286 | 9.275 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port of Entry Inspections
Improvement Act of 1993''.
SEC. 2. ADMISSIONS FRAUD.
(a) Exclusion for Fraudulent Documents or Failure To Present
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)) is amended--
(1) by striking ``(C) Misrepresentation'' and inserting in
lieu thereof the following:
``(C) Fraud, misrepresentation, and failure to
present documents'';
(2) by adding at the end the following new clause:
``(iii) Fraudulent documents and failure to
present documents.--
``(I) Any alien who, in seeking
entry to the United States or boarding
a common carrier for the purpose of
coming to the United States, presents
any document which, in the
determination of the immigration
officer to whom the document is
presented, is forged, counterfeit,
altered, falsely made, stolen, or
inapplicable to the alien presenting
the document, or otherwise contains a
misrepresentation of a material fact,
is excludable.
``(II) Any alien who, in boarding a
common carrier for the purpose of
coming to the United States, presents a
document which relates or purports to
relate to the alien's eligibility to
enter the United States, and fails to
present such document to an immigration
officer upon arrival at a port of entry
into the United States, is
excludable.''.
(b) Provision for Asylum and Other Discretionary Relief.--
(1) Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by adding at the end the following new
subsections:
``(e)(1) Notwithstanding subsection (a), any alien who, in seeking
entry to the United States or boarding a common carrier pursuant to
direct departure to the United States, presents any document which, in
the determination of the immigration officer to whom the document is
presented, is fraudulent, forged, stolen, or inapplicable to the person
presenting the document, or otherwise contains a misrepresentation of a
material fact, may not apply for or be granted asylum, unless
presentation of the document was pursuant to direct departure from--
``(A) a country in which the alien has a credible fear of
persecution; or
``(B) a country in which there is a significant danger that
the alien would be returned to a country in which the alien
would have a credible fear of persecution.
``(2) Notwithstanding subsection (a), an alien who, in boarding a
common carrier pursuant to direct departure to the United States,
presents any document which relates or purports to relate to the
alien's eligibility to enter the United States, and who fails to
present such document to an immigration official upon arrival at a port
of entry into the United States, may not apply for or be granted
asylum, unless presentation of such document was pursuant to direct
departure from--
``(A) a country in which the alien has a credible fear of
persecution; or
``(B) a country in which there is a significant danger that
the alien would be returned to a country in which the alien
would have a credible fear of persecution.
``(3)(A) Whenever an immigration officer determines that an alien
seeks entry to the United States as described in paragraph (1) or (2)
and that the alien has indicated a desire to apply for asylum, the
immigration officer shall refer the matter to an immigration officer
specially trained to conduct interviews and to make determinations
bearing on eligibility for asylum, who shall interview the alien to
determine whether presentation of the document was pursuant to direct
departure from--
``(i) a country in which the alien has a credible fear of
persecution; or
``(ii) which there is a significant danger that the alien
would be returned to a country in which the alien would have a
credible fear of persecution.
``(B) If the immigration officer determines that the alien does not
have a credible fear of persecution in the country from which the alien
was last present before attempting entry into the United States, and
that there is no significant danger that the alien would be returned
from such country to a country in which the alien would have a credible
fear of persecution, the alien may be specially excluded and deported
in accordance with section 235(e). The alien may not appeal such
determination.
``(4) As used in this subsection, the term `credible fear of
persecution' means--
``(A) it is more probable than not that the statements made
by the alien in support of his or her claim are true; and
``(B) there is a significant possibility, in light of such
statements and of such other facts as are known to the officer
about country conditions, that the alien could establish
eligibility as a refugee within the meaning of section
101(a)(42)(A).''.
(2) Section 212(c) of the Immigration and Nationality Act
(8 U.S.C. 1182(c)) is amended in the third sentence by
inserting before the period ``or to any alien who is excludable
pursuant to section 212(a)(6)(C)(iii)''.
(3) Section 235 of the Immigration and Nationality Act (8
U.S.C. 1225) is amended by adding at the end the following new
subsection:
``(d)(1) Subject to paragraph (2), any alien, who has not been
admitted to the United States and who is excludable under section
212(a)(6)(C)(iii), is ineligible for withholding of deportation
pursuant to section 243(h), and may not apply for withholding of
deportation or for any other relief under this Act, except as provided
in section 208(e) with respect to asylum.
``(2) An alien under paragraph (1) who has been found ineligible to
apply for asylum under section 208(e) may be returned only--
``(A) to a country in which, in the judgment of an
immigration officer specially trained to conduct interviews and
to make determinations bearing on eligibility for asylum, the
alien has no credible fear of persecution upon return; and
``(B) to a country from which, in the judgment of such
officer, there is no significant danger that the alien would be
returned to a country in which the alien would have a credible
fear of persecution.''.
(4) Section 237(a) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)) is amended--
(A) in the second sentence of paragraph (1) by
striking out ``Deportation'' and inserting in lieu
thereof ``Subject to section 235(d)(2), deportation'';
and
(B) in the first sentence of paragraph (2) by
striking out ``If'' and inserting in lieu thereof
``Subject to section 235(d)(2), if''.
SEC. 3. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS FRAUD.
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
(as amended by section 2(b)(3) of this Act) is amended by adding after
subsection (d) the following new subsection:
``(e)(1) Subject to paragraph (2), any alien (including an alien
crewman) who may appear to the examining immigration officer or to the
special inquiry officer during the examination before either of such
officers to be excludable under section 212(a)(6)(C)(iii) may be
ordered specially excluded and deported by the Attorney General, either
by a special inquiry officer or otherwise.
``(2)(A) An alien who has been found ineligible to apply for asylum
under section 208(e) may be returned only--
``(i) to a country in which, in the judgment of an
immigration officer specially trained to conduct interviews and
to make determinations bearing on eligibility for asylum, the
alien has no credible fear of persecution upon return; and
``(ii) to a country from which, in the judgment of such
officer, there is no significant danger that the alien would be
returned to a country in which the alien would have a credible
fear of persecution.
``(B) Such special exclusion order is not subject to administrative
appeal and shall have the same effect as if the alien has been ordered
excluded and deported pursuant to section 236, except that judicial
review of such an order shall not be available under section 106 or,
except by habeas corpus as herein provided, under any other provision
of law.
``(C) Nothing in this subsection may be construed as requiring an
inquiry before a special inquiry officer in the case of an alien
crewman.''.
SEC. 4. RESTRICTIONS ON JUDICIAL REVIEW.
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
(as amended by section 3 of this Act) is amended by adding after
subsection (e) the following new subsections:
``(f) Aliens Excludable for Admissions Fraud.--Notwithstanding any
other provision of law, no court shall have jurisdiction to review,
except by petition for habeas corpus, any determination made with
respect to an alien found excludable for admissions fraud pursuant to
section 212(a)(6)(C)(iii). In any such case, review by habeas corpus
shall be limited to examination of whether the petitioner (1) is an
alien, and (2) was ordered specially excluded from the United States
pursuant to sections 212(a)(6)(C)(iii) and 235(e).
``(g) Interviews and Special Exclusion.--(1) Notwithstanding any
other provision of law, no court shall have jurisdiction--
``(A) to review the procedures established by the Attorney
General for the determination of admissions fraud pursuant to
section 212(a)(6)(C)(iii); or
``(B) to enter declaratory or injunctive relief with
respect to the implementation of subsection (d) or (e).
``(2) Notwithstanding the nature of the suit or claim, no court
shall have jurisdiction (except by habeas corpus petition as provided
in subsection (f)) to consider the validity of any adjudication or
determination of special exclusion or to provide declaratory or
injunctive relief with respect to the special exclusion of any alien.
``(h) Collateral Enforcement Proceedings.--In any action brought
for the assessment of penalties for improper entry or re-entry of an
alien under sections 275 and 276, no court shall have jurisdiction to
hear claims collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under sections 235, 236, and
242.''.
SEC. 5. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.
Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)) is amended--
(1) by striking ``five years'' and inserting ``ten years'';
and
(2) by inserting before the period at the end of paragraph
(1) ``, except that in any case in which a person causes
serious bodily injury to, or places in jeopardy the life of,
any alien involved in the offense, such person shall be fined
in accordance with the provisions of title 18, United States
Code, or imprisoned not more than 20 years for each alien with
respect to whom any violation of this paragraph occurs, or
both.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act, and such amendments shall apply to
aliens who arrive in or seek admission to the United States on or after
the date of enactment of this Act. | Port of Entry Inspections Improvement Act of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry.
Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country: (1) in which the alien had a credible fear of persecution; or (2) from which there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution.
Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud.
Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes the life of an alien. | {"src": "billsum_train", "title": "Port of Entry Inspections Improvement Act of 1993"} | 2,689 | 281 | 0.587196 | 1.696765 | 0.809699 | 2.958159 | 9.966527 | 0.857741 |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family Opportunity
Act of 2003'' or the ``Dylan Lee James Act''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; table of
contents.
Sec. 2. Opportunity for families of disabled children to purchase
medicaid coverage for such children.
Sec. 3. Treatment of inpatient psychiatric hospital services for
individuals under age 21 in home or
community-based services waivers.
Sec. 4. Development and support of family-to-family health information
centers.
Sec. 5. Restoration of medicaid eligibility for certain SSI
beneficiaries.
SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE
MEDICAID COVERAGE FOR SUCH CHILDREN.
(a) State Option To Allow Families of Disabled Children To Purchase
Medicaid Coverage for Such Children.--
(1) In general.--Section 1902 (42 U.S.C. 1396a) is
amended--
(A) in subsection (a)(10)(A)(ii)--
(i) by striking ``or'' at the end of
subclause (XVII);
(ii) by adding ``or'' at the end of
subclause (XVIII); and
(iii) by adding at the end the following
new subclause:
``(XIX) who are disabled children
described in subsection (cc)(1);''; and
(B) by adding at the end the following new
subsection:
``(cc)(1) Individuals described in this paragraph are individuals--
``(A) who have not attained 18 years of age;
``(B) who would be considered disabled under section
1614(a)(3)(C) but for having earnings or deemed income or
resources (as determined under title XVI for children) that
exceed the requirements for receipt of supplemental security
income benefits; and
``(C) whose family income does not exceed such income level
as the State establishes and does not exceed--
``(i) 250 percent of the income official poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of
1981) applicable to a family of the size involved; or
``(ii) such higher percent of such poverty line as
a State may establish, except that--
``(I) any medical assistance provided to an
individual whose family income exceeds 250
percent of such poverty line may only be
provided with State funds; and
``(II) no Federal financial participation
shall be provided under section 1903(a) for any
medical assistance provided to such an
individual.''.
(2) Interaction with employer-sponsored family coverage.--
Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph
(1)(B), is amended by adding at the end the following new
paragraph:
``(2)(A) If an employer of a parent of an individual described in
paragraph (1) offers family coverage under a group health plan (as
defined in section 2791(a) of the Public Health Service Act), the State
shall--
``(i) require such parent to apply for, enroll in, and pay
premiums for, such coverage as a condition of such parent's
child being or remaining eligible for medical assistance under
subsection (a)(10)(A)(ii)(XIX) if the parent is determined
eligible for such coverage and the employer contributes at
least 50 percent of the total cost of annual premiums for such
coverage; and
``(ii) if such coverage is obtained--
``(I) subject to paragraph (2) of section 1916(h),
reduce the premium imposed by the State under that
section in an amount that reasonably reflects the
premium contribution made by the parent for private
coverage on behalf of a child with a disability; and
``(II) treat such coverage as a third party
liability under subsection (a)(25).
``(B) In the case of a parent to which subparagraph (A) applies, a
State, subject to paragraph (1)(C)(ii), may provide for payment of any
portion of the annual premium for such family coverage that the parent
is required to pay. Any payments made by the State under this
subparagraph shall be considered, for purposes of section 1903(a), to
be payments for medical assistance.''.
(b) State Option To Impose Income-Related Premiums.--Section 1916
(42 U.S.C. 1396o) is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) With respect to disabled children provided medical
assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph
(2), a State may (in a uniform manner for such children) require the
families of such children to pay monthly premiums set on a sliding
scale based on family income.
``(2) A premium requirement imposed under paragraph (1) may only
apply to the extent that--
``(A) the aggregate amount of such premium and any premium
that the parent is required to pay for family coverage under
section 1902(cc)(2)(A)(i) does not exceed 5 percent of the
family's income; and
``(B) the requirement is imposed consistent with section
1902(cc)(2)(A)(ii)(I).
``(3) A State shall not require prepayment of a premium imposed
pursuant to paragraph (1) and shall not terminate eligibility of a
child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance
under this title on the basis of failure to pay any such premium until
such failure continues for a period of not less than 60 days from the
date on which the premium became past due. The State may waive payment
of any such premium in any case where the State determines that
requiring such payment would create an undue hardship.''.
(c) Conforming Amendments.--Section 1903(f)(4) (42 U.S.C.
1396b(f)(4)) is amended in the matter preceding subparagraph (A), by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(d) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after October 1, 2005.
SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR
INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED
SERVICES WAIVERS.
(a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21,'' after ``intermediate
care facility for the mentally retarded''; and
(B) in the second sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21'' before the period;
(2) in paragraph (2)(B), by striking ``or services in an
intermediate care facility for the mentally retarded'' each
place it appears and inserting ``services in an intermediate
care facility for the mentally retarded, or inpatient
psychiatric hospital services for individuals under age 21'';
(3) in paragraph (2)(C)--
(A) by inserting ``, or who are determined to be
likely to require inpatient psychiatric hospital
services for individuals under age 21,'' after ``, or
intermediate care facility for the mentally retarded'';
and
(B) by striking ``or services in an intermediate
care facility for the mentally retarded'' and inserting
``services in an intermediate care facility for the
mentally retarded, or inpatient psychiatric hospital
services for individuals under age 21''; and
(4) in paragraph (7)(A)--
(A) by inserting ``or would require inpatient
psychiatric hospital services for individuals under age
21,'' after ``intermediate care facility for the
mentally retarded,''; and
(B) by inserting ``or who would require inpatient
psychiatric hospital services for individuals under age
21'' before the period.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to medical assistance provided on or after January 1,
2004.
SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501 (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c)(1)(A) For the purpose of enabling the Secretary (through
grants, contracts, or otherwise) to provide for special projects of
regional and national significance for the development and support of
family-to-family health information centers described in paragraph
(2)--
``(i) there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated--
``(I) $3,000,000 for fiscal year 2004;
``(II) $4,000,000 for fiscal year 2005; and
``(III) $5,000,000 for fiscal year 2006; and
``(ii) there is authorized to be appropriated to the
Secretary, $5,000,000 for each of fiscal years 2007 and 2008.
``(B) Funds appropriated or authorized to be appropriated under
subparagraph (A) shall--
``(i) be in addition to amounts appropriated under
subsection (a) and retained under section 502(a)(1) for the
purpose of carrying out activities described in subsection
(a)(2); and
``(ii) remain available until expended.
``(2) The family-to-family health information centers described in
this paragraph are centers that--
``(A) assist families of children with disabilities or
special health care needs to make informed choices about health
care in order to promote good treatment decisions, cost-
effectiveness, and improved health outcomes for such children;
``(B) provide information regarding the health care needs
of, and resources available for, children with disabilities or
special health care needs;
``(C) identify successful health delivery models for such
children;
``(D) develop with representatives of health care
providers, managed care organizations, health care purchasers,
and appropriate State agencies a model for collaboration
between families of such children and health professionals;
``(E) provide training and guidance regarding caring for
such children;
``(F) conduct outreach activities to the families of such
children, health professionals, schools, and other appropriate
entities and individuals; and
``(G) are staffed by families of children with disabilities
or special health care needs who have expertise in Federal and
State public and private health care systems and health
professionals.
``(3) The Secretary shall develop family-to-family health
information centers described in paragraph (2) under this subsection in
accordance with the following:
``(A) With respect to fiscal year 2004, such centers shall
be developed in not less than 25 States.
``(B) With respect to fiscal year 2005, such centers shall
be developed in not less than 40 States.
``(C) With respect to fiscal year 2006, such centers shall
be developed in not less than 50 States and the District of
Columbia.
``(4) The provisions of this title that are applicable to the funds
made available to the Secretary under section 502(a)(1) apply in the
same manner to funds made available to the Secretary under paragraph
(1)(A).
``(5) For purposes of this subsection, the term `State' means each
of the 50 States and the District of Columbia.''.
SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI
BENEFICIARIES.
(a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C.
1396a(a)(10)(A)(i)(II)) is amended--
(1) by inserting ``(aa)'' after ``(II)'';
(2) by striking ``) and'' and inserting ``and'';
(3) by striking ``section or who are'' and inserting
``section), (bb) who are''; and
(4) by inserting before the comma at the end the following:
``, or (cc) who are under 21 years of age and with respect to
whom supplemental security income benefits would be paid under
title XVI if subparagraphs (A) and (B) of section 1611(c)(7)
were applied without regard to the phrase `the first day of the
month following'''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance for items and services furnished on or
after the first day of the first calendar quarter that begins after the
date of enactment of this Act. | Family Opportunity Act of 2003 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) provide for treatment of inpatient psychiatric hospital services for individuals under age 21 under waivers allowing for payment of part or all of the cost of home or community-based services.Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary of Health and Human Services for special projects of regional and national significance for development and support of family-to-family health information centers.Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain Supplemental Security Income (SSA title XVI) beneficiaries under age 21. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the Medicaid Program for such children, and for other purposes."} | 3,113 | 184 | 0.609336 | 1.563239 | 0.808084 | 3.16129 | 17.483871 | 0.890323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verifying Electronically the Receipt
of In-Home Care For Individuals Act'' or the ``VERIFI Act''.
SEC. 2. REQUIREMENT THAT MEDICARE HOME HEALTH AGENCIES HAVE IN PLACE AN
ELECTRONIC VISIT VERIFICATION SYSTEM.
(a) Condition of Participation.--Section 1891(a) of the Social
Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the
following new paragraph:
``(7)(A) In the case of home health services furnished on
or after January 1, 2018, the agency has in place an electronic
visit verification system that meets standards established by
the Secretary.
``(B) In this paragraph, the term `electronic visit
verification system' means a system under which visits
conducted as part of home health services furnished by a home
health agency are electronically verified by the agency with
respect to--
``(i) the type of service performed;
``(ii) the individual receiving the service;
``(iii) the date of the service;
``(iv) the location of the service is furnished;
``(v) the individual furnishing the service; and
``(vi) the time the service begins and ends.
``(C) By not later than July 1, 2017, the Secretary shall
establish standards for electronic visit verification systems.
In establishing such standards, the Secretary shall consult
with home health agencies to ensure that such standards--
``(i) are minimally burdensome;
``(ii) take into account existing best practices
and electronic visit verification systems in use; and
``(iii) require that the systems are conducted in
accordance with the requirements of HIPAA privacy and
security law (as defined in section 3009 of the Public
Health Service Act).''.
(b) Rules of Construction.--
(1) No employer-employee relationship established.--Nothing
in the amendment made by this section may be construed as
establishing an employer-employee relationship between the home
health agency and the individuals who, under a contract with
such an agency, furnish such services for purposes of part 552
of title 29, Code of Federal Regulations (or any successor
regulations).
(2) No particular or uniform electronic visit verification
system required.--Nothing in the amendment made by this section
shall be construed to require the use of a particular or
uniform electronic visit verification system (as defined in
paragraph (7)(B) of section 1891(a) of the Social Security Act
(42 U.S.C. 1395bbb(a)), as added by subsection (a)) by all
agencies that furnish home health services under title XVIII of
such Act.
(3) No limits on provision of care.--Nothing in the
amendment made by this section may be construed to limit, with
respect to home health services furnished under title XVIII of
the Social Security Act, provider selection, constrain
beneficiaries' selection of a caregiver, or impede the manner
in which care is furnished.
SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE
SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (k) the following new
subsection:
``(l)(1) Subject to paragraph (3), with respect to any amount
expended for medical assistance for personal care services or home
health care services provided under a State plan under this title (or
under a waiver of the plan) furnished in a calendar quarter beginning
on or after January 1, 2019, unless a State requires the use of an
electronic visit verification system for both personal care services
and home health care services furnished in such quarter under the plan
or such waiver, the Federal medical assistance percentage shall be
reduced--
``(A) for calendar quarters in 2019 and 2020, by .25
percentage points;
``(B) for calendar quarters in 2021, by .5 percentage
points;
``(C) for calendar quarters in 2022, by .75 percentage
points; and
``(D) for calendar quarters in 2023 and each year
thereafter, by 1 percentage point.
``(2) Subject to paragraph (3), in implementing the requirement for
the use of an electronic visit verification system under paragraph (1),
a State shall consult with agencies and entities that provide personal
care services, home health care services, or both under the State plan
(or under a waiver of the plan) to ensure that such system--
``(A) is minimally burdensome;
``(B) takes into account existing best practices and
electronic visit verification systems in use in the State; and
``(C) is conducted in accordance with the requirements of
HIPAA privacy and security law (as defined in section 3009 of
the Public Health Service Act).
``(3) Paragraphs (1) and (2) shall not apply in the case of a State
that, as of the date of the enactment of this subsection, requires the
use of any system for the electronic verification of visits conducted
as part of both personal care services or home health care services.
``(4) In this subsection:
``(A) The term `electronic visit verification system'
means, with respect to personal care services or home health
care services, a system under which visits conducted as part of
such services are electronically verified with respect to--
``(i) the type of service performed;
``(ii) the individual receiving the service;
``(iii) the date of the service;
``(iv) the location of service delivery;
``(v) the individual providing the service; and
``(vi) the time the service begins and ends.
``(B) The term `home health care services' means services
described in section 1905(a)(7) provided under a State plan
under this title (or under a waiver of the plan).
``(C) The term `personal care services' means personal care
services provided under a State plan under this title (or under
a waiver of the plan), including services provided under
section 1905(a)(24), 1915(c), 1915(i), 1915(j), or 1915(k) or
under a waiver under section 1115.''.
(b) Rules of Construction.--
(1) No employer-employee relationship established.--Nothing
in the amendment made by this section may be construed as
establishing an employer-employee relationship between the
agency or entity that provides for personal care services or
home health care services and the individuals who, under a
contract with such an agency or entity, furnish such services
for purposes of part 552 of title 29, Code of Federal
Regulations (or any successor regulations).
(2) No particular or uniform electronic visit verification
system required.--Nothing in the amendment made by this section
shall be construed to require the use of a particular or
uniform electronic visit verification system (as defined in
subsection (l)(4) of section 1903 of the Social Security Act
(42 U.S.C. 1396b), as inserted by subsection (a)) by all
agencies or entities that provide personal care services or
home health care services under a State plan under title XIX of
the Social Security Act (or under a waiver of the plan).
(3) No limits on provision of care.--Nothing in the
amendment made by this section may be construed to limit, with
respect to personal care services or home health care services
provided under a State plan under title XIX of the Social
Security Act (or under a waiver of the plan), provider
selection, constrain beneficiaries' selection of a caregiver,
or impede the manner in which care is delivered. | Verifying Electronically the Receipt of In-Home Care For Individuals Act or the VERIFI Act This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the use of electronic visit verification systems for certain services under the Medicare and Medicaid programs. An "electronic visit verification system" is a system under which care-related visits are electronically verified with regard to: (1) the type and date of service, (2) the individual receiving the service, (3) the individual providing the service, (4) the location of service delivery, and (5) the time the service begins and ends. With respect to the Medicare program, a home health agency must have such a system in place for home health services as a condition of participation. In the case of a state Medicaid program that does not require the use of such a system for both personal care services and home health services, the federal medical assistance percentage for medical assistance expended on such services shall be reduced beginning in 2019. These reductions increase incrementally from 0.25% to 1.00% through 2023. With respect to the Medicare program, the Centers for Medicare & Medicaid Services shall establish standards for the systems and must consult with agencies to ensure that such standards: (1) are minimally burdensome, (2) account for existing best practices and electronic visit verifications systems already in use, and (3) require that the systems are conducted in accordance with specified legal requirements related to privacy and security. In regard to a state Medicaid program, a state shall do the same. | {"src": "billsum_train", "title": "VERIFI Act"} | 1,770 | 357 | 0.643358 | 2.008884 | 0.697833 | 2.784053 | 5.345515 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance Program
Fairness Act''.
SEC. 2. NOTIFICATION AND APPEAL OF MAP CHANGES.
Subsection (h) of section 1360 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(h)) is amended to read as follows:
``(h) Notification and Appeal of Flood Map Changes by Community.--
``(1) Notification.--In the case of any change to flood
insurance map panels, including any change in the form of a
letter of map amendment or a letter of map revision, the
Director shall provide notice of such change by--
``(A) providing the chief executive officer of each
community affected by the change, by registered mail, a
copy of the revised maps for such community and a
statement explaining the process under this subsection
to appeal to the Director for changes in such revised
maps; and
``(B) causing notice of such changes to be
published in the Federal Register, which notice shall
include information sufficient to identify the
communities affected and the changes made, information
explaining how to obtain copies of the changes and
revisions, and a statement explaining the process under
this subsection to appeal to the Director for changes
in such revised maps.
``(2) Appeals.--With respect to any change to a flood
insurance map panel, during the 30-day period beginning upon
the occurrence of the last of the actions required under
subparagraphs (A) and (B) of paragraph (1), a community
affected by the change may appeal the change by submitting an
objection to the change, in writing, to the Director. Such an
objection may provide additional evidence relating to the
objection or a request for additional time to obtain
information related to the objection. The right of a community
to appeal a change to flood insurance map panels under this
subsection shall be in addition to any right or opportunity for
a community to appeal such a change under section 1363.
``(3) Response to appeal.--During the 30-day period that
begins upon the receipt by the Director of an objection
pursuant to paragraph (2), the Director shall determine whether
to deny the objection, revise the changes to the flood
insurance map panels in response to the objection, or to grant
additional time to the community to obtain evidence related to
the objection. Immediately upon making such determination, the
Director shall notify the chief executive officer of the
community, in writing and by registered mail, of such
determination.
``(4) Additional time.--If the Director grants a community
additional time to obtain evidence related to the objection--
``(A) the notification pursuant to paragraph (3)
shall state the amount of time granted; and
``(B) during the 30-day period beginning upon the
earlier of the submission of such evidence or the
expiration of such additional time granted, the
Director shall determine whether to deny the objection
or revise the changes to flood insurance map panels in
response to the objection.
Immediately upon making such determination, the Director shall
notify the chief executive officer of the community, in writing
and by registered mail, of such determination.
``(5) Notification to homeowners.--
``(A) In general.--Not later than 30 days after any
final determination described in subparagraph (B), the
Director shall, by first class mail, provide written
notification, to each owner of real property affected
by the change to flood insurance map panels resulting
from such determination, of--
``(i) the status of such property with
respect to flood zone and flood insurance
purchase requirements under this Act and the
Flood Disaster Protection Act of 1973; and
``(ii) information regarding how and where
to obtain any coverage required and the
estimated cost of such coverage.
``(B) Final determinations.--A final determination
described in this subparagraph is--
``(i) the expiration of the period under
paragraph (2) without receipt by the Director
of an objection in accordance with such
paragraph;
``(ii) a determination pursuant to
paragraph (3) or (4)(B) to deny an objection;
or
``(iii) a determination pursuant to
paragraph (3) or (4)(B) to revise the changes
to flood insurance map panels in response to
the objection in a manner such that such panels
are altered from the panels in effect before such changes.
``(6) Effective date of changes.--A change to a flood
insurance map panel shall take effect--
``(A) with respect to any property for which such
change results in the initial applicability of any
requirement under this Act or the Flood Disaster
Protection Act of 1973 to purchase flood insurance for
the property, upon the expiration of the 6-month period
beginning upon the date that notice under paragraph (5)
is mailed to the owner of such property; and
``(B) with respect to any property for which such
change results in elimination of any such purchase
requirement or decreases the cost of coverage required,
immediately upon the final determination under
paragraph (5) regarding such change.''.
SEC. 3. REIMBURSEMENT OF PROPERTY OWNERS FOR COSTS INCURRED IN REQUESTS
TO REMOVE PROPERTY FROM BASE FLOOD ELEVATIONS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Reimbursement of Property Owners for Costs Incurred in
Requests To Remove Property From Base Flood Elevations.--If an owner of
a real property incurs expense in connection with the services of
surveyors, engineers, or similar services, but not including legal
services, in effecting any request to the Director to remove the
property from inclusion within the base flood elevations established
under flood insurance map panels, and the Director grants such request
in whole or in part, the Director shall reimburse such individual for
such expense. The amount of such reimbursement shall be determined by
the Director, based on the ratio of the successful portion of the
request as compared to the entire request. The Director shall apply
such ratio to the average cost of such services in the community for
jobs of a similar size.''.
SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104) is amended by striking the section designation and all that
follows through the end of subsection (a) and inserting the following:
``Sec. 1363. (a) In establishing projected flood elevations for
land use purposes with respect to any community pursuant to section
1361, the Director shall first propose such determinations--
``(1) by providing the chief executive officer of each
community affected by the proposed elevations, by registered
mail, notice of the elevations, including a copy of the maps
for the elevations for such community and a statement
explaining the process under this section to appeal for changes
in such elevations;
``(2) by causing notice of such elevations to be published
in the Federal Register, which notice shall include information
sufficient to identify the elevation determinations and the
communities affected, information explaining how to obtain
copies of the elevations, and a statement explaining the
process under this section to appeal for changes in the
elevations; and
``(3) by publishing the elevations in a prominent local
newspaper.''. | National Flood Insurance Program Fairness Act - Amends the National Flood Insurance Act of 1968 to replace requirements for the notification of changes to flood insurance map panels (thus, repealing them) with new requirements for the notification and appeal of such changes.Allows a community affected by the change to appeal the change.Requires the Director of the Federal Emergency Management Agency, if an owner of real property affected by a change to panels incurs expense in connection with the services of surveyors, engineers, or similar services (but not legal services) in effecting any request to the Director to remove the property from inclusion within the base flood elevations established under panels, and granted by the Director in whole or in part, to reimburse such individual for such expense.Amends the National Flood Insurance Act of 1968 to set forth new requirements (thus, repealing the current requirement) for the publication or notification of proposed flood elevation determinations. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to ensure homeowners are provided adequate notice of flood map changes and a fair opportunity to appeal such changes."} | 1,607 | 199 | 0.588955 | 1.75895 | 0.729324 | 3.827586 | 8.83908 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accuracy in Employment
Background Checks Act of 2010''.
SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.
The Attorney General shall establish and enforce procedures to
ensure the prompt release of accurate records and information exchanged
for employment-related purposes through the records system created
under section 534 of title 28, United States Code.
SEC. 3. REQUIRED PROCEDURES.
The procedures established under section 2 shall include the
following:
(1) Inaccurate record or information.--If the Attorney
General determines that a record or information is inaccurate,
the Attorney General shall promptly correct that record or
information or, if appropriate, promptly make any changes or
deletions to the records or information.
(2) Incomplete record or information.--
(A) If the Attorney General determines that a
record or information is incomplete or cannot be
verified, the Attorney General shall attempt to
complete or verify the record or information, and if
the Attorney General is unable to do so, the Attorney
General may promptly make any changes or deletions to
the record or information.
(B) For the purposes of this paragraph, an
incomplete record or information includes a record or
information that indicates there was an arrest and does
not include the disposition of that arrest.
(C) If the record or information is an incomplete
record or information described in subparagraph (B),
the Attorney General shall, not later than 10 days
after the requesting entity requests the exchange and
before the exchange is made, obtain the disposition (if
any) of the arrest.
(3) Notification of reporting jurisdiction.--The Attorney
General shall notify each appropriate reporting jurisdiction of
any action taken under paragraph (1) or (2).
(4) Opportunity to review records or information by
applicant.--In connection with an exchange of such a record or
information, the Attorney General shall--
(A) obtain the consent of the applicant to exchange
the record or information with the requesting entity;
(B) at the time of consent, notify the applicant
that the applicant can obtain a copy of the record or
information;
(C) provide to the applicant an opportunity to
obtain a copy of the record or information upon request
and to challenge the accuracy and completeness of that
record or information;
(D) promptly notify the requesting entity of any
such challenge;
(E) not later than 30 days after the challenge is
made, complete an investigation of the challenge;
(F) provide to the applicant the specific findings
and results of that investigation;
(G) promptly make any changes or deletions to the
records or information required as a result of the
challenge; and
(H) report those changes to the requesting entity.
(5) Certain exchanges prohibited.--An exchange shall not
include any record or information--
(A) about an arrest more than one year old as of
the date of the request for the exchange, that does not
also include a disposition (if any) of that arrest;
(B) relating to an adult or juvenile non-serious
offense of the sort described in section 20.32(b) of
title 28, Code of Federal Regulations, as in effect on
July 1, 2009; or
(C) to the extent the record or information is not
clearly an arrest or a disposition of an arrest.
SEC. 4. FEES.
The Attorney General may collect reasonable fees for all exchanges
of records or information for employment-related purposes through the
records system created under section 534 of title 28, United States
Code, to defray the costs associated with exchanges for those purposes,
including any costs associated with the investigation of inaccurate or
incomplete records or information.
SEC. 5. REGULATIONS ON REASONABLE PROCEDURES.
Not later than 1 year after the date of the enactment of this Act,
the Attorney General shall issue regulations to carry out this Act.
SEC. 6. ANNUAL REPORTS ON PROCEDURES.
For each of the first 3 years after the date of enactment of this
Act, the Attorney General shall submit an annual report to Congress
that includes--
(1) the number of exchanges of records or information for
employment-related purposes made with entities in each State
through the records system created under section 534 of title
28, United States Code;
(2) appropriate statistical information to determine
whether the exchange of records or information about arrests
that did not result in convictions is affecting the employment
opportunities of employees to whom those records or information
pertain;
(3) any prolonged failure of a reporting jurisdiction to
comply with a request by the Attorney General for information
about dispositions of arrests;
(4) the percent of missing arrest dispositions located
within the time limit required by this Act; and
(5) the numbers of successful and unsuccessful challenges
to the accuracy and completeness of records or information, by
State where the records and information originated.
SEC. 7. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND
DISQUALIFICATIONS BASED ON CRIMINAL RECORDS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall report to Congress on
all Federal statutes, regulations, and policies providing employment
restrictions and disqualifications based on criminal records.
(b) Identification of Information.--In the report, the Attorney
General shall identify each occupation or position to which such
restrictions or disqualifications apply, and for each such occupation
or position, include--
(1) a description of the restriction or disqualification;
(2) the duration of the restriction or disqualification;
(3) an evaluation of the rationale for the restriction or
disqualification and its continuing usefulness;
(4) the procedures, if any, to appeal, waive or exempt the
restriction or disqualification based on a showing of
rehabilitation or other relevant evidence;
(5) any information available about the numbers of
individuals restricted or disqualified on the basis of a
criminal record; and
(6) the identity of the Federal agency with jurisdiction
over the restriction or disqualification.
SEC. 8. DEFINITIONS.
In this Act--
(1) the term ``for employment-related purposes'' includes
for the purpose of screening an individual for employment or
occupational licensing;
(2) the term ``applicant'' means the person to whom the
record or information sought to be exchanged pertains;
(3) the term ``requesting entity'' means the person or
entity seeking the exchange of records or information;
(4) the term ``State'' includes the District of Columbia,
Puerto Rico, and each other territory and possession of the
United States; and
(5) the term ``reporting jurisdiction'' includes any person
or entity that provides relevant records and information to the
Attorney General under section 534 of title 28, United States
Code. | Fairness and Accuracy in Employment Background Checks Act of 2010 - Requires the Attorney General to: (1) establish and enforce procedures to ensure the prompt release of accurate federal criminal background records and information exchanged for employment-related purposes; and (2) report to Congress on the exchange of records or information for employment-related purposes under this Act and on all federal statutes, regulations, and policies providing employment restrictions and disqualifications based on criminal records. | {"src": "billsum_train", "title": "To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes."} | 1,454 | 97 | 0.51047 | 1.336602 | 0.822239 | 5.081395 | 16.465116 | 0.988372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Police Pursuit Policy Act
of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) accidents occurring as a result of high speed motor
vehicle pursuits of fleeing motor vehicles by law enforcement
officers are becoming increasingly common across the United
States;
(2) the extent of the problem of those pursuits is evident
despite significant underreporting;
(3) because the problem of those pursuits is extensive, it
is essential for all law enforcement agencies to develop and
implement policies and training procedures for dealing with
high speed motor vehicle pursuits;
(4) a high speed motor vehicle pursuit in a community by a
law enforcement officer should be treated in the same manner as
the firing of a police firearm because a high speed motor
vehicle pursuit involves the use of a deadly force with the
potential for causing harm or death to pedestrians and
motorists;
(5) the Federal Government should provide an incentive for
States to enact laws to prevent high speed motor vehicle
pursuits;
(6) to demonstrate leadership in response to the national
problem of high speed motor vehicle pursuits, all Federal law
enforcement agencies should--
(A) develop policies and procedures governing motor
vehicle pursuits; and
(B) provide assistance to State and local law
enforcement agencies in instituting such policies and
procedures and in conducting training; and
(7) the policies referred to in paragraph (6) should
balance reasonably the need--
(A) to apprehend promptly dangerous criminals; and
(B) to address the threat to the safety of the
general public posed by high speed pursuits.
SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY SAFETY
PROGRAMS.
Section 402(b)(1) of title 23, United States Code, is amended--
(1) in each of subparagraphs (A) through (D), by striking
the period at the end and inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) on and after January 1, 1997, have in effect
throughout the State--
``(i) a law that--
``(I) makes it unlawful for the driver of a
motor vehicle to increase speed or to take any
other deliberately evasive action if a law
enforcement officer clearly signals the driver
to stop the motor vehicle; and
``(II) provides that any driver who
violates that law shall be subject to a minimum
penalty of--
``(aa) imprisonment for a period of
not less 3 months; and
``(bb) seizure of the motor vehicle
at issue; and
``(ii) a requirement that each State agency and
each agency of a political subdivision of the State
that employs law enforcement officers who, in the
course of employment, may conduct a motor vehicle
pursuit shall--
``(I) have in effect a policy that meets
requirements that the Secretary shall establish
concerning the manner and circumstances in
which a motor vehicle pursuit may be conducted
by law enforcement officers;
``(II) train all law enforcement officers
of the agency in accordance with the policy
referred to in subclause (I); and
``(III) for each fiscal year, transmit to
the chief executive officer of the State a
report containing information on each motor
vehicle pursuit conducted by a law enforcement
officer of the agency.''.
SEC. 4. REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General of the United States, the
Secretary of Agriculture, the Secretary of the Interior, the Secretary
of the Treasury, the Chief of the Capitol Police, and the Administrator
of General Services shall each transmit to the Congress a report
containing--
(1) the policy of the department or agency headed by that
individual concerning motor vehicle pursuits by law enforcement
officers of that department or agency; and
(2) a description of the procedures that the department or
agency uses to train law enforcement officers in the
implementation of the policy referred to in paragraph (1).
(b) Requirement.--Each policy referred to in subsection (a)(1)
shall meet the requirements established by the Secretary of
Transportation pursuant to section 402(b)(1)(F)(ii)(I) of title 23,
United States Code, concerning the manner and circumstances in which a
motor vehicle pursuit may be conducted. | National Police Pursuit Policy Act of 1995 - Prohibits the Secretary of Transportation from approving the highway safety program of a State that does not have in effect: (1) a law that makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle and that subjects any driver who violates that law to a minimum penalty of three months' imprisonment and seizure of the motor vehicle; and (2) a requirement that each State and local agency that employs law enforcement officers who may conduct a motor vehicle pursuit have a policy that meets guidelines set by the Secretary, train all law enforcement officers in accordance with that policy, and submit to the chief executive officer of the State a report containing information regarding each motor vehicle pursuit.
Requires the U.S. Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services to report to the Congress on each such entity's motor vehicle pursuit policy and the procedures used to train law enforcement officers to implement that policy. Requires each such policy to meet the policy requirements of State programs under this Act. | {"src": "billsum_train", "title": "National Police Pursuit Policy Act of 1995"} | 994 | 274 | 0.606145 | 1.78289 | 0.629969 | 4.245902 | 3.872951 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Drug Monitoring
Efficiency and Data Sharing Act of 2012'' or the ``ID MEDS Act''.
SEC. 2. NATIONAL INTEROPERABILITY STANDARDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall establish national
interoperability standards to facilitate the exchange of prescription
information across State lines by States receiving grant funds under--
(1) the Harold Rogers Prescription Drug Monitoring Program
established under the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2002 (Public Law 107-77; 115 Stat. 748); and
(2) the Controlled Substance Monitoring Program established
under section 399O of the Public Health Service Act (42 U.S.C.
280g-3).
(b) Requirements.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall ensure that the national
interoperability standards established under subsection (a)--
(1) implement open standards that are freely available,
without cost and without restriction, in order to promote broad
implementation;
(2) provide for the use of exchange intermediaries, or
hubs, as necessary to facilitate interstate interoperability by
accommodating State-to-hub and direct State-to-State
communication;
(3) support transmissions that are fully secured as
required, using industry standard methods of encryption, to
ensure that Protected Health Information and Personally
Identifiable Information (PHI and PII) are not compromised at
any point during such transmission; and
(4) employ access control methodologies to share protected
information solely in accordance with State laws and
regulations.
SEC. 3. STATE RECIPIENT REQUIREMENTS.
(a) Harold Rogers Prescription Drug Monitoring Program.--
(1) In general.--Not later than 1 year after the date on
which the Attorney General establishes national
interoperability standards under section 2(a), a recipient of a
grant under the Harold Rogers Prescription Drug Monitoring
Program established under the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 748) shall ensure that
the databases of the State comply with such national
interoperability standards.
(2) Use of enhancement grant funds.--A recipient of an
enhancement grant under the Harold Rogers Prescription Drug
Monitoring Program established under the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat.
748) may use enhancement grant funds to standardize the
technology architecture used by the recipient to comply with
the national interoperability standards established under
section (2)(a).
(b) Controlled Substance Monitoring Program.--Section 399O(e) of
the Public Health Service Act (42 U.S.C. 280g-3(e)) is amended by
adding at the end the following:
``(5) Not later than 1 year after the date on which the
Attorney General establishes national interoperability
standards under section 2(a) of the ID MEDS Act, the State
shall ensure that the database complies with such national
interoperability standards.''.
SEC. 4. REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General, in consultation with the Secretary
of Health and Human Services, shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on enhancing the interoperability of State
prescription monitoring programs with other technologies and databases
used for detecting and reducing fraud, diversion, and abuse of
prescription drugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a discussion of the feasibility of making State
prescription monitoring programs interoperable with other
relevant technologies and databases, including--
(A) electronic prescribing systems;
(B) databases operated by the Drug Enforcement
Agency;
(C) electronic health records; and
(D) pre-payment fraud-detecting analytics
technologies;
(2) an assessment of legal, technical, fiscal, privacy, or
security challenges that have an impact on interoperability;
(3) a discussion of how State prescription monitoring
programs could increase the production and distribution of
unsolicited reports to prescribers and dispensers of
prescription drugs, law enforcement officials, and health
professional licensing agencies, including the enhancement of
such reporting through interoperability with other States and
relevant technology and databases; and
(4) any recommendations for addressing challenges that
impact interoperability of State prescription monitoring
programs in order to reduce fraud, diversion, and abuse of
prescription drugs. | Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012 or the ID MEDS Act - Directs the Attorney General to establish national interoperability standards to facilitate the exchange of prescription information by states receiving grant funds under the Harold Rogers Prescription Drug Monitoring Program (Rogers Program) and the Controlled Substance Monitoring Program (CS Program).
Directs the Attorney General to ensure that such standards: (1) implement open standards that are freely available to promote broad implementation; (2) provide for the use of exchange intermediaries to facilitate interstate interoperability; (3) support transmissions that are fully secured, using industry standard methods of encryption, to ensure that protected health information and personally identifiable information are not compromised during transmission; and (4) employ access control methodologies to share protected information solely in accordance with state laws and regulations.
Requires a grant recipient under the Rogers Program to ensure that the state databases comply with the national interoperability standards. Allows a recipient of an enhancement grant under such Program to use grant funds to standardize the technology architecture used by the recipient to comply with such standards.
Amends the Public Health Service Act to require states to ensure that databases established under the CS Program comply with such standards.
Directs the Attorney General to report on enhancing the interoperability of state prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs. | {"src": "billsum_train", "title": "A bill to direct the Attorney General to establish uniform standards for the exchange of controlled substance and prescription information for the purpose of preventing diversion, fraud, and abuse of controlled substances and other prescription drugs."} | 1,068 | 299 | 0.758012 | 2.360369 | 0.834251 | 5.342105 | 3.556391 | 0.966165 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Millennium
Challenge Reauthorization Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Establishment and management of Millennium Challenge
Corporation.
Sec. 4. Authorization of assistance.
Sec. 5. Millennium Challenge Compact.
Sec. 6. Congressional and public notification of Compact.
Sec. 7. Annual report.
Sec. 8. Powers of the Corporation; related provisions.
Sec. 9. Assistance to certain candidate countries.
Sec. 10. Authorization of appropriations.
SEC. 2. PURPOSES.
Section 602(2) of the Millennium Challenge Act of 2003 (22 U.S.C.
7701(2)) is amended by striking ``economic growth'' and all that
follows and inserting the following: ``the reduction of poverty through
sustainable, broad-based economic growth, including by strengthening
good governance, promoting economic opportunities, and investing in
people, as needed.''.
SEC. 3. ESTABLISHMENT AND MANAGEMENT OF MILLENNIUM CHALLENGE
CORPORATION.
Section 604(b)(2) of the Millennium Challenge Act of 2003 (22
U.S.C. 7703(b)(2)) is amended--
(1) by striking ``Appointment'' and all that follows
through ``the Chief Executive Officer shall be appointed'' and
inserting the following: ``Appointment.--The Chief Executive
Officer shall be appointed''; and
(2) by striking subparagraph (B).
SEC. 4. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--Section 605(a) of the Millennium Challenge Act of
2003 (22 U.S.C. 7704(a)) is amended by striking ``in achieving lasting
economic growth and poverty reduction'' and inserting ``in reducing
poverty through sustainable, broad-based economic growth, including by
strengthening good governance, promoting economic opportunities, and
investing in people, as needed,''.
(b) Limitations.--Section 605(e)(4) of the Millennium Challenge Act
of 2003 (22 U.S.C. 7704(e)(4)) is amended in the second sentence--
(1) by striking ``eleventh and fourteenth provisos'' and
inserting ``eighth and twelfth provisos'';
(2) by striking ``division E of Public Law 108-7 (117 Stat.
162)'' and inserting ``Public Law 109-102 (119 Stat. 2174-
2176)''; and
(3) by striking ``2004'' and inserting ``2007''.
SEC. 5. MILLENNIUM CHALLENGE COMPACT.
(a) Elements.--Section 609(b)(1) of the Millennium Challenge Act of
2003 (22 U.S.C. 7708(b)(1)) is amended--
(1) in subparagraph (D), by adding at the end before the
semicolon the following: ``, and an analysis of how the
intended beneficiaries will participate in, or be impacted by,
each project'';
(2) in subparagraph (J), by striking ``and'' at the end;
(3) in subparagraph (K), by striking the period at the end
and inserting ``; and'' ; and
(4) by adding at the end the following new subparagraph:
``(L) an analysis of the extent to which each
project carried out under the Compact will contribute
to reducing poverty through sustainable, broad-based
economic growth, including by strengthening good
governance, promoting economic opportunities, and
investing in people, as needed.''.
(b) Local Input.--Section 609(d) of the Millennium Challenge Act of
2003 (22 U.S.C. 7708(d)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) consults with the national legislature of the
eligible country; and''.
(c) Duration of Compact.--Section 609(j) of the Millennium
Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended--
(1) by striking ``The duration'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
duration''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--
``(A) In general.--A Compact shall not include a
project with a duration of more than 5 years unless the
Board--
``(i) determines that the project cannot be
completed in 5 years or less; and
``(ii) approves a duration for the project
of not more than 10 years.
``(B) Congressional notification.--Not later than
15 days after the Board approves a duration for a
project pursuant to subparagraph (A)(ii), the Board,
acting through the Chief Executive Officer, shall
submit to the appropriate congressional committees a
notification of such approval, including a detailed
explanation for the determination and approval.''.
(d) Concurrent and Subsequent Compacts.--Section 609 of the
Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended--
(1) by striking subsection (k); and
(2) by inserting at the end the following new subsection:
``(k) Concurrent and Subsequent Compacts.--
``(1) In general.--Subject to the requirements of paragraph
(2), and in accordance with the requirements of this title, an
eligible country and the United States--
``(A) may enter into and have in effect not more
than two Compacts at any given time under this section;
and
``(B) may enter into subsequent Compacts after the
expiration of the existing Compact or Compacts.
``(2) Requirements.--
``(A) Concurrent compacts.--An eligible country and
the United States may enter into a concurrent Compact
only if the Board determines that the country is making
considerable and demonstrable progress in implementing
the terms of its existing Compact and supplementary
agreements thereto.
``(B) Subsequent compacts.--An eligible country and
the United States may enter into subsequent Compacts if
the Board determines that the country substantially met
the objectives of prior Compacts between the country
and the United States and supplementary agreements
thereto.''.
(e) Effective Dates.--
(1) Amendments relating to entry into compact.--The
amendments made by subsections (a) and (b) apply with respect
to Compacts entered into between the United States and an
eligible country under the Millennium Challenge Act of 2003 (22
U.S.C. 7701 et seq.) on or after October 1, 2006, or the date
of the enactment of this Act, whichever occurs later.
(2) Amendments relating to duration and type of compact.--
The amendments made by subsections (c) and (d) apply with
respect to Compacts entered into between the United States and
an eligible country under the Millennium Challenge Act of 2003
(22 U.S.C. 7701 et seq.) before, on, or after the date of the
enactment of this Act.
SEC. 6. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.
(a) Congressional Notification Prior to Signing a Compact.--Section
610 of the Millennium Challenge Act of 2003 (22 U.S.C. 7709(a)) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Congressional Notification Prior to Signing a Compact.--Not
later than 15 days prior to signing a Compact with an eligible country,
the Board, acting through the Chief Executive Officer, shall provide
notification of the proposed Compact, including a detailed summary of
the Compact and a copy of the text of the Compact, to the appropriate
congressional committees in accordance with the procedures applicable
to reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961.''.
(b) Public Notification After Entering Into a Compact.--Section
610(c) of the Millennium Challenge Act of 2003 (as redesignated by
subsection (a)(1) of this section) is amended by striking ``Chief
Executive Officer'' and all that follows and inserting ``Chief
Executive Officer shall publish such detailed summary of the Compact in
the Federal Register and shall publish such detailed summary and the
text of the Compact (including a copy of any annexes or supplementary
agreements thereto) on the Internet website of the Corporation.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
apply with respect to Compacts approved pursuant to section 609(h) of
the Millennium Challenge Act of 2003 (22 U.S.C. 7708(h)) on or after
the date of the enactment of this Act.
SEC. 7. ANNUAL REPORT.
(a) Amendment.--Section 613(b) of the Millennium Challenge Act of
2003 (22 U.S.C. 7712(b)) is amended by adding at the end the following
new paragraphs:
``(6) A description of recruitment and employment of
members of minority groups at the Corporation, including, to
the maximum extent practicable, the numbers and percentages of
members of all minority groups who have been recruited by and
employed at the Corporation during the prior fiscal year.
``(7) A description of the extent to which the requirement
of section 614(h) has been met for the prior fiscal year,
including, to the maximum extent practicable, information on--
``(A) the numbers and percentages of small,
minority-owned, or disadvantaged business enterprises
that provide goods and services that are financed with
funds made available under section 609(g), section
614(g), and section 616 during such prior fiscal year;
``(B) the total number of contracts with such
business enterprises for such purposes during such
prior fiscal year;
``(C) the total dollar value of such contracts; and
``(D) the percentage value represented by such
contracts proportionate to the total value of all
contracts held by the Corporation that are financed
with funds made available under section 609(g), section
614(g), and section 616 during such prior fiscal
year.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to the report required to be submitted to Congress under
section 613 of the Millennium Challenge Act of 2003 (22 U.S.C. 7712)
for fiscal year 2007 and each subsequent fiscal year.
SEC. 8. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Amendment.--Section 614 of the Millennium Challenge Act of 2003
(22 U.S.C. 7713) is amended by adding at the end the following new
subsection:
``(h) Participation of Certain United States Businesses.--To the
maximum extent practicable, the President, acting through the Chief
Executive Officer, shall ensure that United States small, minority-
owned, and disadvantaged business enterprises fully participate in the
provision of goods and services that are financed with funds made
available under section 609(g), subsection (g) of this section, and
section 616.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to funds made available under the Millennium Challenge Act
of 2003 (22 U.S.C. 7701 et seq.) for fiscal year 2007 and each
subsequent fiscal year.
SEC. 9. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.
Section 616(d) of the Millennium Challenge Act of 2003 (22 U.S.C.
7715(d)) is amended by striking ``for fiscal year 2004'' and inserting
``for a fiscal year''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Amendment.--Section 619(a) of the Millennium Challenge Act of
2003 (22 U.S.C. 7718(a)) is amended by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2007 through 2009''.
(b) Rule of Construction.--The amendment made by subsection (a)
shall not be construed to affect the availability of funds appropriated
pursuant to the authorization of appropriations under section 619 of
the Millennium Challenge Act of 2003 (22 U.S.C. 7718(a)) before the
date of the enactment of this Act. | Millennium Challenge Reauthorization Act of 2006 - (Sec. 3) Amends the Millennium Challenge Act of 2003 to eliminate the provision allowing appointment of an interim Chief Executive Officer of the Millennium Challenge Corporation (MCC).
(Sec. 4) Extends the prohibition on funding related to abortions and involuntary sterilizations through FY2007.
(Sec. 5) Revises Millennium Challenge Compact provisions to: (1) require an analysis of how the intended beneficiaries will participate in, or be impacted by, each project, and an analysis how each project will contribute to poverty reduction; (2) provide for consultation with a country's national legislature; (3) allow Compact duration to extend beyond five years (but not beyond ten) subject to a Board determination and congressional notification; and (4) allow concurrent Compacts subject to Board determination of demonstrable progress, and subsequent Compacts subject to Board determination of substantial meeting of prior Compact objectives.
(Sec. 6) Requires the Board: (1) not later than 15 days prior to signing a Compact with an eligible country to provide the appropriate congressional committees with the text and a detailed summary of the Compact; and (2) to publish such summary in the Federal Register and make it and the text available on the Board website.
(Sec. 7) Provides that information regarding minority staffing and minority and disadvantaged representation in procurement contracts shall be included in the annual report.
(Sec. 8) Provides for minority and disadvantaged representation in the provision of MCC goods and services.
(Sec. 9) Makes the funding obligation for assistance to certain candidate countries permanent.
(Sec. 10) Authorizes appropriations through FY2009. | {"src": "billsum_train", "title": "To reauthorize the Millennium Challenge Act of 2003, and for other purposes."} | 2,931 | 365 | 0.527975 | 1.734011 | 0.707598 | 2.670807 | 7.708075 | 0.850932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Permitting
Efficiency Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Broadband project.--The term ``broadband project''
means an installation by a broadband provider of wireless or
broadband infrastructure, including but not limited to, copper
lines, fiber optic lines, communications towers, buildings, or
other improvements on Federal land.
(2) Broadband provider.--The term ``broadband provider''
means a provider of wireless or broadband infrastructure that
enables a user to originate and receive high-quality voice,
data, graphics, and video telecommunications.
(3) Indian lands.--The term ``Indian Lands'' means--
(A) any land owned by an Indian Tribe, located
within the boundaries of an Indian reservation, pueblo,
or rancheria; or
(B) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to
which is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
(iii) by a dependent Indian community.
(4) Indian tribe.--The term ``Indian Tribe'' means a
federally recognized Indian Tribe.
(5) Operational right-of-way.--The term ``operational
right-of-way'' means all real property interests (including
easements) acquired for the construction or operation of a
project, including the locations of the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control
signage, landscaping, copper and fiber optic lines, utility
shelters, and broadband infrastructure as installed by
broadband providers, and any rest areas with direct access to a
controlled access highway or the National Highway System.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Department of the Interior
(including land held in trust for an Indian Tribe).
SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY.
(a) In General.--The Secretary concerned shall establish (or in the
case where both Department of the Interior and National Forest System
land would be affected, shall jointly establish) a voluntary program
under which any State or Indian Tribe may offer, and the Secretary
concerned may agree, to enter into a memorandum of understanding to
allow for the State or Indian Tribe to prepare environmental analyses
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the permitting of broadband projects within an
operational right-of-way on National Forest System land, land managed
by the Department of the Interior, and Indian Lands. Under such a
memorandum of understanding, an Indian Tribe or State may volunteer to
cooperate with the signatories to the memorandum in the preparation of
the analyses required under the National Environmental Policy Act of
1969.
(b) Assumption of Responsibilities.--
(1) In general.--In entering into a memorandum of
understanding under this section, the Secretary concerned may
assign to the State or Indian Tribe, and the State or Indian
Tribe may agree to assume, all or part of the responsibilities
of the Secretary concerned for environmental analyses under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) State or indian tribe responsibility.--
(A) In general.--A State or Indian Tribe that
assumes any responsibility under paragraph (1) shall be
subject to the same procedural and substantive
requirements as would apply if the responsibility were
carried out by the Secretary concerned.
(B) Effect of assumption of responsibility.--A
State or Indian Tribe that assumes any responsibility,
including financial responsibility, under paragraph (1)
shall be solely responsible and solely liable for
carrying out, in lieu of the Secretary concerned, the
responsibilities assumed under that paragraph until the
date on which the program is terminated under
subsection (g).
(C) Environmental review.--A State or Indian Tribe
that assumes any responsibility under paragraph (1)
shall comply with the environmental review procedures
under parts 1500-1508 of title 40, Code of Federal
Regulations (or successor regulations), and the
regulations of the Secretary concerned.
(3) Federal responsibility.--Any responsibility of the
Secretary concerned described in paragraph (1) that is not
explicitly assumed by the State or Indian Tribe in the
memorandum of understanding shall remain the responsibility of
the Secretary concerned.
(c) Offer and Notification.--A State or Indian Tribe that intends
to offer to enter into a memorandum of understanding under this section
shall provide to the Secretary concerned notice of the intent of the
State or Indian Tribe not later than 90 days before the date on which
the State or Indian Tribe submits a formal written offer to the
Secretary concerned.
(d) Tribal Consultation.--Within 90 days of entering into any
memorandum of understanding with a State, the Secretary concerned shall
initiate consultation with relevant Indian Tribes.
(e) Memorandum of Understanding.--A memorandum of understanding
entered into under this section shall--
(1) be executed by the Governor or the Governor's designee,
or in the case of an Indian Tribe, by an officer designated by
the governing body of the Indian Tribe;
(2) be for a term not to exceed 10 years;
(3) be in such form as the Secretary concerned may
prescribe;
(4) provide that the State or Indian Tribe--
(A) agrees to assume all or part of the
responsibilities of the Secretary concerned described
in subsection (b)(1);
(B) expressly consents, including through the
adoption of express waivers of sovereign immunity, on
behalf of the State or Indian Tribe, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary concerned assumed by the State or Indian
Tribe;
(C) certify that State laws and regulations, with
respect to States, or Tribal laws and regulations, with
respect to Indian Tribes, are in effect that--
(i) authorize the State or Indian Tribe to
take the actions necessary to carry out the
responsibilities being assumed; and
(ii) are comparable to section 552 of title
5, United States Code, including providing that
any decision regarding the public availability
of a document under the State laws is
reviewable by a court of competent
jurisdiction;
(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed;
(E) agrees to provide to the Secretary concerned
any information the Secretary concerned considers
necessary to ensure that the State or Indian Tribe is
adequately carrying out the responsibilities assigned
to and assumed by the State or Indian Tribe;
(F) agrees to return revenues generated from the
use of public lands authorized under this section to
the United States annually, in accordance with the
Federal Land Policy Management Act of 1976 (43 U.S.C.
1701 et seq.); and
(G) agrees to send a copy of all authorizing
documents to the United States for proper notation and
recordkeeping;
(5) prioritize and expedite any analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under
the memorandum of understanding;
(6) not be granted to a State on Indian Lands without the
consent of the relevant Indian Tribe; and
(7) not be granted to an Indian Tribe on State lands
without the consent of the relevant State.
(f) Limitation.--Nothing in this section permits a State or Indian
Tribe to assume--
(1) any rulemaking authority of the Secretary concerned
under any Federal law; and
(2) Federal Government responsibilities for government-to-
government consultation with Indian Tribes.
(g) Termination.--
(1) Termination by the secretary.--The Secretary concerned
may terminate the participation of any State or Indian Tribe in
the program established under this section if--
(A) the Secretary concerned determines that the
State or Indian Tribe is not adequately carrying out
the responsibilities assigned to and assumed by the
State or Indian Tribe;
(B) the Secretary concerned provides to the State
or Indian Tribe--
(i) notification of the determination of
noncompliance; and
(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary concerned determines is necessary to
comply with the applicable agreement; and
(C) the State or Indian Tribe, after the
notification and period provided under subparagraph
(B), fails to take satisfactory corrective action, as
determined by the Secretary concerned.
(2) Termination by the state or indian tribe.--A State or
Indian Tribe may terminate the participation of the State or
Indian Tribe in the program established under this section at
any time by providing to the Secretary concerned a notice of
intent to terminate by not later than the date that is 90 days
before the date of termination.
(3) Termination of memorandum of understanding with state
or indian tribe.--A State or an Indian Tribe may terminate a
joint memorandum of understanding under this section at any
time by providing to the Secretary concerned a notice of intent
to terminate by no later than the date that is 90 days before
the date of termination.
SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION.
(a) Establishment.--The Secretary concerned shall establish a
broadband permit streamlining team comprised of qualified staff under
subsection (b)(4) in each State or regional office that has been
delegated responsibility for issuing permits for broadband projects.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary concerned, in consultation
with the National Conference of State Historic Preservation
Officers and the National Tribal Historic Preservation Officers
Association, shall enter into a memorandum of understanding to
carry out this section with--
(A) the Secretary of Agriculture or of the
Interior, as appropriate;
(B) the Director of the Bureau of Indian Affairs;
and
(C) the Director of the United States Fish and
Wildlife Service.
(2) Purpose.--The purpose of the memorandum of
understanding under paragraph (1) is to coordinate and expedite
permitting decisions for broadband projects.
(3) State or tribal participation.--The Secretary concerned
may request that the Governor of any State or the officer
designated by the governing body of the Indian Tribe with one
or more broadband projects be a party to the memorandum of
understanding under paragraph (1).
(4) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the
date of entrance into the memorandum of understanding
under paragraph (1), the head of each Federal agency
that is a party to the memorandum of understanding
(other than the Secretary concerned) may, if the head
of the Federal agency determines it to be appropriate,
designate to each State or regional office an employee
of that Federal agency with expertise in regulatory
issues relating to that Federal agency, including, as
applicable, particular expertise in--
(i) planning under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.) and planning under the
Federal Land Policy Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) the preparation of analyses under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(iii) consultation and the preparation of
biological opinions under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536).
(B) Duties.--Each employee designated under
subparagraph (A) shall--
(i) be responsible for any issue relating
to any broadband project within the
jurisdiction of the State or regional office
under the authority of the Federal agency from
which the employee is assigned;
(ii) participate as part of the team of
personnel working on one or more proposed
broadband projects, including planning and
environmental analyses; and
(iii) serve as the designated point of
contact with any applicable State or Indian
Tribe that assumes any responsibility under
section 3(b)(1) relating to any issue described
in clause (i).
Passed the House of Representatives September 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Rural Broadband Permitting Efficiency Act of 2018 (Sec. 3) This bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish a program to enter into memoranda of understanding with states and Indian tribes to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications, with respect to National Forest System land, land managed by Interior, and Indian land. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, the governor's designee, or an officer designated by the governing body of the Indian tribe may enter into such a memorandum for a term not to exceed 10 years if the state or Indian tribe consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities, (6) the provision of revenues generated from the use of public lands to the United States, and (7) the provision of a copy of authorizing documents to the United States for proper notation and recordkeeping. (Sec. 4) USDA or Interior must establish a broadband permit streamlining team in each state or regional office with responsibility for issuing permits for broadband projects. Under the program, USDA or Interior shall coordinate and expedite permitting decisions for broadband projects through a memorandum of understanding with USDA or Interior, as appropriate, the Bureau of Indian Affairs, and the U.S. Fish and Wildlife Service. | {"src": "billsum_train", "title": "Rural Broadband Permitting Efficiency Act of 2018"} | 2,793 | 394 | 0.684192 | 2.003447 | 0.78903 | 3.713881 | 7.288952 | 0.932011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Wildlife
Protection Act''.
SEC. 2. DECLARATION OF POLICY.
It is the policy of the United States to reduce risks to public
safety, as well as unnecessary harm to companion animals and wildlife,
from indiscriminate and injurious trapping methods by prohibiting the
import or export of, and the shipment in interstate commerce of, steel-
jaw leghold traps and Conibear traps.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Prohibited Acts.--It shall be unlawful for any person--
(1) to import, export, deliver, carry, or transport by any
means whatever, in interstate commerce, any steel-jaw leghold
trap or Conibear trap; or
(2) to sell, receive, acquire, or purchase any steel-jaw
leghold trap or Conibear trap that was delivered, carried, or
transported in violation of paragraph (1).
(b) Penalties.--Whoever knowingly violates subsection (a) shall, in
addition to any other penalty that may be imposed, be subject to the
following:
(1) For the first such violation, a civil fine of not more
than $500 imposed by the Secretary for each steel-jaw leghold
trap or Conibear trap possessed.
(2) For each subsequent violation, a civil fine of not more
than $1,000 imposed by the Secretary for each steel-jaw leghold
trap or Conibear trap possessed, or imprisonment for not more
than 2 years, or both.
(c) Payment of Court Costs and Other Associated Expenses.--A person
found to be in violation of subsection (a) shall pay all court costs
associated therewith.
SEC. 4. REWARDS.
(a) General Rule.--The Secretary shall pay, to any person who
furnishes information that leads to a conviction of a violation of any
provision of this Act or any rule made under this Act, an amount equal
to one-half of the fine paid pursuant to the conviction.
(b) Exception.--Any officer or employee of the United States or of
any State or local government who furnishes information or renders
service in the performance of his or her official duties is not
eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, this Act and any rules made under this
Act shall be enforced by the Secretary, who may use by agreement, with
or without reimbursement, the personnel, services, and facilities of
any other Federal agency or any State agency for purposes of enforcing
this Act and such rules.
(b) Import and Export Violations.--
(1) Import violations.--The importation of articles in
violation of section 3(a) shall be treated as a violation of
the customs laws of the United States, and those provisions of
law relating to violations of the customs laws of the United
States shall apply thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as
continued in effect under the International Emergency Economic
Powers Act), including penalties, shall be used to enforce the
provisions of this Act relating to the export of articles in
violation of section 3(a).
(c) Forfeiture.--
(1) General rule.--Except with respect to exports to which
the provisions of the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.) (as continued in effect under the
International Emergency Economic Powers Act) apply, and imports
to which the customs laws of the United States apply, pursuant
to subsection (b), any steel-jaw leghold trap or Conibear trap
taken, possessed, sold, purchased, offered for sale or
purchase, imported, exported, transported, delivered, received,
carried, or shipped in violation of this Act or any rule made
under this Act, shall be subject to forfeiture to the United
States. Those provisions of law relating to--
(A) the seizure, summary and judicial forfeiture,
and condemnation of property for violations of the
customs laws of the United States,
(B) the disposition of such property or the
proceeds from the sale thereof,
(C) the remission or mitigation of such
forfeitures, and
(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this subsection,
insofar as applicable and not inconsistent with this Act.
(2) Enforcement.--Such duties as are imposed upon the
customs officer or any other person with respect to the seizure
and forfeiture of property under the customs laws of the United
States may be performed with respect to seizures and
forfeitures of property under this subsection by the Secretary
or such officers and employees as may be authorized or
designated for that purpose by the Secretary, or, upon the
request of the Secretary, by any other agency that has
authority to manage and dispose of seized property.
(d) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of this Act
or any rule made under this Act.
(e) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act, and rules made under this Act, are
enforced in the most effective and efficient manner.
SEC. 6. DEFINITIONS.
In this Act:
(1) Steel-jaw leghold trap.--The term ``steel-jaw leghold
trap''--
(A) means any spring-powered pan or sear-activated
device with one or two opposing steel jaws, whether the
jaws are smooth, toothed, padded, enclosed (dog-proof),
or offset, that is designed to capture an animal by
snapping closed upon the animal's limb, foot, or part
thereof; and
(B) does not include any cage or box trap;
suitcase-type live beaver trap; or mouse or rat snap
trap.
(2) Conibear trap.--The term ``Conibear trap''--
(A) means any trap consisting of two metal frames
hinged at the center point and powered by two torsion
springs to create a scissor-like action designed to
kill an animal by snapping an animal's spinal column;
and
(B) does not include any cage or box trap;
suitcase-type live beaver trap; mouse or rat snap trap.
(3) Customs laws of the united states.--The term ``customs
laws of the United States'' means any other law or regulation
enforced or administered by the United States Customs Service.
(4) Import.--The term ``import'' means to land on, bring
into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(5) Interstate commerce.--The term ``interstate commerce''
has the meaning given such term in section 10 of title 18,
United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 7. RULEMAKING.
The Secretary may make rules to carry out this Act.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of the enactment
of this Act. | Public Safety and Wildlife Protection Act This bill bans steel-jaw leghold traps and Conibear traps. Steel-jaw leghold traps are certain spring-powered devices with steel jaws that are designed to snap closed on animals. Conibear traps consist of metal frames hinged at the center point and powered by two torsion springs that create a scissor-like action designed to kill an animal by snapping its spine. Cage traps, box traps, suitcase-type live beaver traps, and mouse or rat snap traps are not included in the ban. The bill establishes penalties for violating this ban. The Department of the Interior must pay a reward for information that leads to a conviction of a violation of this bill, unless the information was provided by on duty officers or employees of federal, state, or local governments. The reward must be 50% of the fine paid. | {"src": "billsum_train", "title": "Public Safety and Wildlife Protection Act"} | 1,715 | 204 | 0.556535 | 1.708162 | 0.618263 | 3.181818 | 9.284848 | 0.854545 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Affordable Gas
Price Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Termination of restrictions on oil and natural gas development
on Federal lands.
Sec. 4. Limitation of suits under National Environmental Policy Act of
1969.
Sec. 5. Incentives for investment in oil refineries.
Sec. 6. Suspension of fuel taxes on highway motor fuels when weekly
United States retail gasoline prices exceed
benchmark.
Sec. 7. Increase in mileage reimbursement rates.
Sec. 8. Termination of application of title IV of the Trade Act of 1974
to the Russian Federation and Kazakhstan.
SEC. 2. FINDINGS.
Congress finds the following:
(1) High fuel costs retard economic growth and diminish the
quality of life for all Americans.
(2) The trucking industry is particularly hard hit by high
fuel prices.
(3) Attempts to address the issue of high gasoline costs by
increasing government involvement in the market through
measures such as price controls will only lead to shortages,
rationing, and a return of gasoline lines.
(4) The Federal regulations restricting drilling impose
prohibitive costs on the development of new sources of energy,
artificially inflating the price of gas.
(5) Federal gas taxes increase the price of oil thus
burdening American families, business, and truckers.
(6) Allowing private parties to delay, or even halt, the
construction of new refineries through litigation over the
National Environmental Protection Act's Environmental Impact
Statement requirement reduces the supply of gas thus raising
gas prices.
(7) The so-called Jackson-Vanik (``freedom-of-emigration'')
amendment (section 402 of the Trade Act of 1974) was a United
States reaction to the Soviet Union's highly restrictive
emigration policy of the time.
(8) By 2005, some 15 years after the end of communist rule
over the Soviet Union, successor states Russia and Kazakhstan
allow their citizens the right and opportunity to emigrate,
free of any heavy tax on the visas or other documents required
for emigration and free of any other tax, levy, fine, fee, or
other charge on any citizens as a consequence of the desire of
such citizens to emigrate to the country of their choice.
(9) Elimination of the Jackson-Vanik amendment's threat of
trade-restricting provisions would increase the United States
access to oil supplies from non-Arab countries, thus lowering
gas prices.
SEC. 3. TERMINATION OF RESTRICTIONS ON OIL AND NATURAL GAS DEVELOPMENT
ON FEDERAL LANDS.
(a) Outer Continental Shelf.--
(1) Termination of laws prohibiting expenditures for
natural gas leasing and preleasing activities.--All provisions
of existing Federal law prohibiting the spending of
appropriated funds to conduct oil or natural gas leasing and
preleasing activities for any area of the Outer Continental
Shelf shall have no force or effect.
(2) Revocation of existing presidential withdrawals.--All
existing withdrawals by the President under the authority of
section 12 of the Outer Continental Shelf Lands Act (43 U.S.C.
1341) are hereby revoked and are no longer in effect with
respect to the leasing of areas for exploration for, and
development and production of, oil or natural gas.
(b) Coastal Plain of Alaska.--Sections 1002(i) and 1003 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3142(i) and
3143) are repealed.
SEC. 4. LIMITATION OF SUITS UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF
1969.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Limitation on Suits.--A statement required under subsection
(a)(2)(C) is not subject to judicial review.''.
SEC. 5. INCENTIVES FOR INVESTMENT IN OIL REFINERIES.
(a) Increase of Expensing for Refineries.--Subsection (a) of
section 179C of the Internal Revenue Code of 1986 (relating to election
to expense certain refineries) is amended by striking ``50 percent''
and inserting ``100 percent''.
(b) Class Life for Refineries.--
(1) In general.--Subparagraph (B) of section 168(e)(3) of
the Internal Revenue Code of 1986 (relating to 5-year property)
is amended by striking ``and'' at the end of clause (vi), by
striking the period at the end of clause (vii) and inserting
``, and'', and by inserting after clause (vii) the following
new clause:
``(viii) any petroleum refining
property.''.
(2) Petroleum refining asset.--Section 168(i) of such Code
is amended by adding at the end the following new paragraph:
``(20) Petroleum refining property.--
``(A) In general.--The term `petroleum refining
property' means any asset for petroleum refining,
including assets used for the distillation,
fractionation, and catalytic cracking of crude
petroleum into gasoline and its other components.
``(B) Asset must meet environmental laws.--Such
term shall not include any asset which does not meet
all applicable environmental laws in effect on the date
such asset was placed in service. For purposes of the
preceding sentence, a waiver under the Clean Air Act
shall not be taken into account in determining whether
the applicable environmental laws have been met.
``(C) Special rule for mergers and acquisitions.--
Such term shall not include any asset with respect to
which a deduction was taken under subsection (e)(3)(B)
by any other taxpayer in any preceding year.''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to refineries placed in service
after the date of the enactment of this Act.
(B) Exception.--The amendments made by this section
shall not apply to any refinery with respect to which
the taxpayer has entered into a binding contract for
the construction thereof on or before the date of the
enactment of this Act.
SEC. 6. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY
UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline
Exceeds Benchmark.--
``(1) In general.--During any suspension period, the tax
imposed by this section and section 4041 on highway motor fuel
shall be suspended.
``(2) Definitions and special rule.--For purposes of this
subsection--
``(A) Suspension period.--The term `suspension
period' means the period--
``(i) beginning on the date on which the
weekly United States retail gasoline price,
regular grade (as published by the Energy
Information Administration, Department of
Energy), inclusive of such tax, is greater than
$3.00 per gallon, and
``(ii) ending on the date on which such
price (as so published), without regard to this
subsection, does not exceed $3.00 per gallon.
``(B) Highway motor fuel.--The term `highway motor
fuel' means any fuel subject to tax under this section
or section 4041 other than aviation gasoline and
aviation-grade kerosene.''.
(b) Maintenance of Trust Funds Deposits; Amounts Appropriated to
Trust Funds Treated as Taxes.--
(1) In general.--There is hereby appropriated (out of any
money in the Treasury not otherwise appropriated) to each trust
fund which would (but for this subsection) receive reduced
revenues as a result of a suspension in a rate of tax by reason
of section 4081(f) of the Internal Revenue Code of 1986 (as
added by this section) an amount equal to such reduction in
revenues. Amounts appropriated by the preceding sentence to any
trust fund--
(A) shall be transferred from the general fund at
such times and in such manner as to replicate to the
extent possible the transfers which would have occurred
had such section 4081(f) not been enacted, and
(B) shall be treated for all purposes of Federal
law as taxes received under the appropriate section
referred to in such section 4081(f).
(c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
(d) Floor Stock Refunds.--
(1) In general.--If--
(A) before the tax suspension date, tax has been
imposed under section 4081 of the Internal Revenue Code
of 1986 on any highway motor fuel, and
(B) on such date such fuel is held by a dealer and
has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the tax which would be imposed on
such fuel had the taxable event occurred on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the tax suspension date based on a request submitted to
the taxpayer before the date which is 3 months after
the tax suspension date by the dealer who held the
highway motor fuel on such date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any highway motor fuel in retail stocks held at the place where
intended to be sold at retail.
(4) Definitions.--For purposes of this subsection--
(A) Tax suspension date.--The term ``tax suspension
date'' means the first day of any suspension period in
effect under section 4081(f) of the Internal Revenue
Code of 1986 (as added by subsection (a) of this
section).
(B) Other terms.--The terms ``dealer'' and ``held
by a dealer'' have the respective meanings given to
such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection.
(e) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any highway motor
fuel which is held on the tax restoration date by any person,
there is hereby imposed a floor stocks tax equal to the excess
of the tax which would be imposed on such fuel had the taxable
event occurred on such date over the tax (if any) previously
paid (and not credited or refunded) on such fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--The person holding highway
motor fuel on the tax restoration date to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the 45th day after the
tax restoration date.
(3) Definitions.--For purposes of this subsection--
(A) Tax restoration date.--The term ``tax
restoration date'' means the first day after the
suspension period (as defined in section 4081(f) of the
Internal Revenue Code of 1986).
(B) Highway motor fuel.--The term ``highway motor
fuel'' has the meaning given to such term by section
4081(f) of such Code.
(C) Held by a person.--A highway motor fuel shall
be considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any highway motor fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any highway motor fuel held on the tax
restoration date by any person if the aggregate amount
of such highway motor fuel held by such person on such
date does not exceed 2,000 gallons. The preceding
sentence shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any highway motor
fuel held by any person which is exempt from the tax
imposed by paragraph (1) by reason of paragraph (4).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such section.
SEC. 7. INCREASE IN MILEAGE REIMBURSEMENT RATES.
(a) Business.--For purposes of the Internal Revenue Code of 1986,
after the date of the enactment of this Act, the optional standard
mileage rates to be used for computing the deductible costs of
operating an automobile for business purposes shall be not less than 70
cents per mile.
(b) Medical, Moving, and Charitable Contribution Rates.--For any
day during the period under which highway motor fuel taxes are
suspended under section 4081(f) of the Internal Revenue Code of 1986--
(1) the optional standard mileage rates to be used for
computing the deductible costs of operating an automobile for
medical, moving, and charitable purposes shall be the same rate
which is in effect for such day for business purposes, and
(2) the rate under section 170(i) shall not apply.
SEC. 8. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO THE RUSSIAN FEDERATION AND KAZAKHSTAN.
(a) Presidential Determinations and Extensions of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to
both the Russian Federation and Kazakhstan; and
(2) after making a determination under paragraph (1) with
respect to the Russian Federation and Kazakhstan, proclaim the
extension of nondiscriminatory treatment (normal trade
relations treatment) to the products of those countries.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of the Russian Federation
and Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply
to those countries. | Affordable Gas Price Act - Declares without force or effect all provisions of existing federal law that prohibit spending appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of the Outer Continental Shelf.
Revokes all existing withdrawals by the President under the authority of the Outer Continental Shelf Lands Act.
Amends the Alaska National Interest Lands Conservation Act to repeal: (1) the withdrawal of public lands within the Coastal Plain from entry or appropriation under federal mining or mineral leasing laws; and (2) the prohibition against the production, leasing, and development of oil and gas from the Arctic National Wildlife Refuge (ANWR).
Amends the National Environmental Policy Act of 1969 to shield from judicial review mandatory statements by certain federal officials regarding the environmental impact of federal actions upon the quality of the human environment.
Amends the Internal Revenue Code to: (1) set forth additional incentives for investment in oil refineries; (2) suspend the tax on highway motor fuels when retail gasoline exceeds a certain benchmark; and (3) increase mileage reimbursement rates.
Authorizes the President to extend normal trade relations treatment to the products of the Russian Federation and Kazakhstan. | {"src": "billsum_train", "title": "To reduce the price of gasoline by allowing for offshore drilling, eliminating Federal obstacles to constructing refineries and providing incentives for investment in refineries, suspending Federal fuel taxes when gasoline prices reach a benchmark amount, and promoting free trade."} | 3,769 | 242 | 0.510399 | 1.595491 | 0.69117 | 3.314159 | 14.840708 | 0.845133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Works Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Recent data show that United States manufacturing
companies cannot fill as many as 600,000 skilled positions,
even as unemployment numbers hover at historically high levels.
(2) The unfilled positions are mainly in the skilled
production category, and in occupations such as machinist,
operator, craft worker, distributor, or technician.
(3) In less than 20 years, an overall loss of expertise and
management skill is expected to result from the gradual
departure from the workplace of 77,200,000 workers.
(4) Postsecondary success and workforce readiness can be
achieved through attainment of a recognized postsecondary
credential.
(5) The Bureau of Labor Statistics Occupational Outlook
estimates that 746,500 new jobs in computer-related occupations
will be generated from 2010 to 2020. This would equate to a 23
percent net growth in computer-related occupations.
(6) Computer-related occupations with the highest projected
growth rates include database administrators, software
developers, and network and computer systems administrators.
(7) As of June 2012, there were approximately 301,214 job
openings in the information technology sector.
(8) According to a recent report, 64 percent of managers
hiring for information technology jobs rate certifications as
having extremely high or high value in validating information
technology skills and expertise, and that value is rated
highest by senior managers, such as chief information officers,
and by medium-size firms.
SEC. 3. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB
TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) inserting after clause (i) the following:
``(ii) training (which may include priority
consideration for training programs that lead
to recognized postsecondary credentials (as
defined in section 4 of the America Works Act)
that are aligned with in-demand occupations or
industries in the local area involved, if the
local board determines that the programs meet
the quality criteria described in section
123);''.
(2) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Programs that lead to an industry-
recognized and nationally portable
credential.--In assisting individuals in
selecting programs of training services under
this section, a one-stop operator and employees
of a one-stop center referred to in subsection
(c) may give priority consideration to programs
(approved in conjunction with eligibility
decisions made under section 122) that lead to
recognized postsecondary credentials (as
defined in section 4 of the America Works Act)
that are aligned with in-demand occupations or
industries in the local area involved.''.
(3) Criteria.--
(A) General employment and training activities.--
Section 122(b)(2)(D) of the Workforce Investment Act of
1998 (29 U.S.C. 2842(b)(2)(D)) is amended--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) in the case of a provider of a
program of training services that leads to a
recognized postsecondary credential (as defined
in section 4 of the America Works Act), that
the program leading to the credential meets
such quality criteria as the Governor shall
establish.''.
(B) Youth activities.--Section 123 of the Workforce
Investment Act of 1998 (29 U.S.C. 2843) by inserting
``(including such quality criteria as the Governor
shall establish for a training program that leads to a
recognized postsecondary credential (as defined in
section 4 of the America Works Act))'' after ``plan''.
(b) Career and Technical Education.--
(1) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended--
(A) by striking ``(B) how'' and inserting ``(B)(i)
how'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following
``(ii) in the case of an eligible entity that, in
developing and implementing programs of study leading
to recognized postsecondary credentials, desires to
give a priority to such programs that are aligned with
in-demand occupations or industries in the area served
(as determined by the eligible agency) and that may
provide a basis for additional credentials,
certificates, or degree, how the entity will do so;''.
(2) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of recognized
postsecondary credentials (as defined in section 4 of the
America Works Act), and, in the case of an eligible recipient
that desires to provide priority consideration to certain
programs of study in accordance with the State plan under
section 122(c)(1)(B), how the eligible recipient will give
priority consideration to such activities.''.
(3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
recognized credential, a certificate,'' and inserting
``recognized postsecondary credential (as defined in section 4
of the America Works Act and approved by the eligible
agency),''.
(c) Training Programs Under TAA.--Section 236(a) of the Trade Act
of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the
following:
``(12) In approving training programs for adversely affected
workers and adversely affected incumbent workers under paragraph (1),
the Secretary may give priority consideration to workers seeking
training through programs that are approved in conjunction with
eligibility decisions made under section 122 of the Workforce
Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized
postsecondary credentials (as defined in section 4 of the America Works
Act) that are aligned with in-demand occupations or industries in the
local area (defined for purposes of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.)) involved.''.
SEC. 4. DEFINITIONS.
In this Act:
(1) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by employers within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, hiring, or
advancement;
(B) is endorsed by a recognized trade or
professional association or organization, representing
a significant part of the industry sector; and
(C) is a nationally portable credential, meaning a
credential that is sought or accepted, across multiple
States, as described in subparagraph (A).
(2) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized credential for
postsecondary training, a certificate that meets the
requirements of subparagraphs (A) and (C) of paragraph (1) for
postsecondary training, a certificate of completion of a
postsecondary apprenticeship through a program described in
section 122(a)(2)(B) of the Workforce Investment Act of 1998
(29 U.S.C. 2842(a)(2)(B)), or an associate degree or
baccalaureate degree awarded by an institution of higher
education (as defined in section 102(a) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a))).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to require an entity with
responsibility for selecting or approving an education, training, or
workforce investment activities program with regard to a covered
provision, to select a program with a recognized postsecondary
credential or certificate as defined by this Act.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect 120 days
after the date of enactment of this Act. | America Works Act - Amends the Workforce Investment Act of 1998 to require state or local workforce investment systems to use youth activities funds for programs that provide training, which may include priority consideration for training programs that lead to recognized postsecondary credentials aligned with in-demand occupations or industries in the local area involved. Authorizes the operator and employees of a one-stop center, in assisting individuals in selecting programs of training services, to give priority consideration to such programs. Revises eligibility requirements for providers of training services and providers of youth activities for such programs. Requires programs of training services and youth activities programs that lead to a recognized postsecondary credential to meet quality criteria established by the state governor. Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs. | {"src": "billsum_train", "title": "America Works Act"} | 2,155 | 211 | 0.482616 | 1.40865 | 0.821175 | 3.15847 | 9.961749 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Reform Act of
1995''.
SEC. 2. HEALTH CARE REFORM PROGRAM.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1704 the following new section:
``Sec. 1705. Delivery of health care through reformed management of
care
``(a) The Secretary shall conduct a program to reform the way in
which the Secretary manages delivery of health care to veterans. The
program shall be carried out in accordance with this section.
``(b)(1) In carrying out the program of reformed health care under
this section, the Secretary shall take appropriate action to (A) expand
the capacity of the Department of Veterans Affairs to provide
outpatient care to eligible veterans, and (B) allocate resources to
Department facilities in such a manner as to enable such facilities in
carrying out the provisions of this section to provide to veterans
described in subsection (c) access to care which is reasonably similar,
without regard to the State in which those veterans reside.
``(2) In carrying out paragraph (1), the Secretary shall take
appropriate steps, within service-delivery areas established by the
Secretary, to reduce duplication of services and to realign services
and programs.
``(c)(1) During the period through September 30, 1999, the
Secretary shall, for purposes of the program of reformed health care
under this section, manage Department health care facilities so as to
provide needed hospital care and outpatient medical treatment--
``(A) to any veteran described in subsection (e) without
regard to otherwise applicable limitations in this chapter
(other than the limitations specified in section 1712(b) of
this title); and
``(B) to all other veterans, subject to the limitations in
this chapter.
``(2) The care and treatment described in paragraph (1) includes
the provision of preventive health services and prosthetic appliances
and may include home care services.
``(3) The Secretary shall, in carrying out the program, ensure that
any veteran with a service-connected disability is provided all
benefits to which that veteran is entitled under this chapter.
``(d)(1) The Secretary, in order to manage the provision of care
and services under this section, shall coordinate care of veterans
through facilities under the jurisdiction of, or under contract to, the
Secretary and through referral to other appropriate providers in a
veteran's community.
``(2) The Secretary, to further the provision of care and services
under this section, may make such rules and regulations regarding
acquisition procedures or policies as the Secretary considers
appropriate to obtain needed care and services under this section.
``(3) The Secretary, in managing the provision of care and services
under this section, may--
``(A) use systems of patient prioritization, consistent
with the relative priorities described in section 1712(i) of
this title; and
``(B) establish a program of enrollment of eligible
veterans.
``(4) The Secretary, in managing the provision of care and services
under this section, shall ensure that the Department maintains its
capacity to provide for the specialized treatment and rehabilitative
needs of disabled veterans described in section 1710(a) of this title
(including veterans with spinal cord dysfunction, blindness, and mental
illness) within distinct programs or facilities of the Department that
are dedicated to the specialized needs of those veterans in a manner
that (A) affords those veterans reasonable access to care and services
for those specialized needs, and (B) ensures that overall capacity of
the Department to provide such services is not reduced below the
capacity of the Department, nationwide, to provide those services as of
the date of the enactment of this section.
``(e) A veteran referred to in subsection (c)(1)(A) is any
veteran--
``(1) with a compensable service-connected disability;
``(2) whose discharge or release from active military,
naval, or air service was for a compensable disability that was
incurred or aggravated in the line of duty;
``(3) who is in receipt of, or who, but for a suspension
pursuant to section 1151 of this title (or both a suspension
and the receipt of retired pay), would be entitled to
disability compensation, but only to the extent that such
veteran's continuing eligibility for such care is provided for
in the judgment or settlement provided for in such section;
``(4) who is a former prisoner of war;
``(5) of the Mexican border period or of World War I; or
``(6) who is unable to defray the expenses of necessary
care, as determined in accordance with section 1722(a) of this
title.
``(f) Not later than February 1, 1999, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the experience of the Department in
establishing and administering the program required by this section.
The report shall include any recommendations of the Secretary for
legislation to expand access of eligible veterans to health care
services furnished by the Department.
``(g) This section shall expire at the close of September 30,
1999.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1704 the following new item:
``1705. Delivery of health care through reformed managment of care.''.
(c) Deadline for Implementation.--The Secretary shall implement the
program under section 1705 of title 38, United States Code, as added by
subsection (a), not later than October 1, 1996.
SEC. 3. FUNDS RECOVERED FROM THIRD PARTIES.
(a) Authorized Uses.--Section 1729 of title 38, United States Code,
is amended by adding at the end of paragraph (3) of subsection (g) the
following new subparagraph:
``(C) Expenses of (i) establishing new outpatient clinics,
(ii) altering or remodeling medical facilities to provide
additional space for provision of outpatient care, and (iii)
other measures as determined necessary by the Secretary to
increase the number of outpatient visits provided eligible
veterans through facilities of the Department or under contract
arrangements.''.
(b) Availability of Funds.--Subsection (g) of such section is
further amended by striking out paragraph (4) and inserting the
following:
``(4)(A) There shall be within the Fund a reserve to be available
for the purposes specified in paragraph (3)(C). Not later than December
1 of each year, there shall be set aside for the reserve amounts as
provided in this paragraph. If the amount to be set aside for the
reserve for any year is less than zero, the amount added to the reserve
for that year shall be zero. Funds may be obligated under paragraph
(3)(C) only to the extent of the availability of unobligated amounts in
the reserve. Amounts in the reserve shall remain available for
obligation until expended.
``(B) On December 1, 1995, the amount set aside for the reserve
under subparagraph (A) shall be the amount by which--
``(i) the unobligated balance remaining in the Fund at the
close of business on September 30, 1995, minus any part of such
balance that the Secretary determines is necessary to defray
the expenses, payments, and costs described in paragraph (3),
exceeds
``(ii) $579,282,000.
``(C) On December 1, 1996, the amount set aside for the reserve
under subparagraph (A) shall be the amount by which--
``(i) the unobligated balance remaining in the Fund at the
close of business on September 30, 1996, minus any part of such
balance that the Secretary determines is necessary to defray
the expenses, payments, and costs described in paragraph (3),
exceeds
``(ii) $640,918,000.
``(D) On December 1, 1997, the amount set aside for the reserve
under subparagraph (A) shall be the amount by which--
``(i) the unobligated balance remaining in the Fund at the
close of business on September 30, 1997, minus any part of such
balance that the Secretary determines is necessary to defray
the expenses, payments, and costs described in paragraph (3),
exceeds
``(ii) $731,334,000.
``(E) On December 1, 1998, the amount set aside for the reserve
under subparagraph (A) shall be the amount by which--
``(i) the unobligated balance remaining in the Fund at the
close of business on September 30, 1998, minus any part of such
balance that the Secretary determines is necessary to defray
the expenses, payments, and costs described in paragraph (3),
exceeds
``(ii) $758,321,000.
``(F) On December 1, 1999, the amount set aside for the reserve
under subparagraph (A) shall be the amount by which--
``(i) the unobligated balance remaining in the Fund at the
close of business on September 30, 1999, minus any part of such
balance that the Secretary determines is necessary to defray
the expenses, payments, and costs described in paragraph (3),
exceeds
``(ii) $372,435,000.
``(5) Not later than January 1 of each year, there shall be
deposited into the Treasury as miscellaneous receipts an amount equal
to the amount of the unobligated balance remaining in the Fund at the
close of business on September 30 of the preceding year minus (A) any
part of such balance that the Secretary determines is necessary in
order to enable the Secretary to defray, during the fiscal year in
which the deposit is made, the expenses, payments, and costs described
in paragraph (3), and (B) the amount in the reserve described in
paragraph (4).
``(6) The Secretary shall prescribe regulations for the allocation
of amounts in the reserve under paragraph (4) for the purposes stated
in paragraph (3)(C). Those regulations shall be designed to provide
incentives to increase the recoveries and collections under this
section. Such regulations may provide that up to 25 percent of those
amounts be made available each year directly to the medical centers, or
networks of medical centers, at which such recoveries have been at
above average levels. The remainder of those funds shall be allocated
by the Secretary, based on the plan developed pursuant to paragraph
(7), in a manner such that funds are targeted to areas determined to
have the greatest unmet need for outpatient care.
``(7) In order to promote effective planning for orderly
development of needed capacity for providing outpatient care to
eligible veterans, the Under Secretary for Health shall conduct an
annual study to evaluate the relative need within service-delivery
areas of the Department for expanding that capacity (directly or
through contract arrangements).''.
(c) Annual Report on Medical Care Cost Recovery.--Such section is
further amended by adding at the end the following new subsection:
``(j) Not later than February 1 each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on medical care cost recovery under this
section. The report shall include (1) the plan described in subsection
(g)(7), (2) the regulations promulgated under subsection (g)(6), (3)
the specific allocations made pursuant to such regulations, and (4) the
actions taken by the Secretary to carry out section 2(d)(4) of the
Veterans Health Care Reform Act of 1995 during the preceding fiscal
year.''. | Veterans Health Care Reform Act of 1995 - Directs the Secretary of Veterans Affairs to conduct within the Department of Veterans Affairs a program of reformed health care to: (1) expand the Department's capacity to provide outpatient care to eligible veterans; and (2) allocate resources to enable Department facilities to provide access to health care which is reasonably similar, regardless of the State of residence, to: (a) veterans with a compensable service-connected disability; (b) veterans discharged or released from active duty due to a disability incurred in the line of duty; (c) certain veterans in receipt of veterans' disability compensation; (d) former prisoners of war; (e) veterans of the Mexican border period or World War I; or (f) veterans unable to defray the expenses of necessary care. Directs the Secretary, through September 30, 1999, to manage Department health care facilities so as to provide to such veterans and all other veterans (subject to certain limitations) necessary hospital care and outpatient medical treatment, including preventive health care and prosthetic appliances. Allows home care services to be included. Directs the Secretary to ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans.
Directs the Secretary to report to specified congressional committees on the Department's experience in establishing and administering the program. Terminates the program at the end of FY 1999.
Adds to the authorized uses of health care reimbursement funds recovered by the Department from third party payers the expenses of establishing new outpatient care clinics or altering or remodeling current facilities to provide additional space for such care. Establishes within the Department of Veterans Affairs Medical-Care Cost Recovery Fund a reserve for such purposes. Directs the Secretary to report to specified congressional committees on medical care cost recovery. | {"src": "billsum_train", "title": "Veterans Health Care Reform Act of 1995"} | 2,499 | 385 | 0.651936 | 1.946834 | 0.772298 | 3.093484 | 6.974504 | 0.906516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boating Improvement Act of 1994''.
SEC. 2. BOATING SAFETY GRANTS.
(a) Transfer of Amounts for State Boating Safety Programs.--
(1) Transfers.--Section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)), is amended to read as follows:
``(b)(1) Of the balance of each annual appropriation remaining
after making the distribution under subsection (a), an amount equal to
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996,
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal
years 1998 and 1999, shall, subject to paragraph (2), be used as
follows:
``(A) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, and a sum equal to $10,000,000 of the amount
available for each of fiscal years 1996 and 1997, shall be
available for use by the Secretary of the Interior for grants
under section 5604(c) of the Clean Vessel Act of 1992. Any
portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following
fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(B) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, $30,000,000 of the amount available for
fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended by the
Secretary of Transportation for State recreational boating
safety programs under section 13106 of title 46, United States
Code.
``(C) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1998 and 1999 shall be available for
use by the Secretary of the Interior for--
``(i) grants under section 3(e) of the Boating
Improvement Act of 1994; and
``(ii) grants under section 5604(c) of the Clean
Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following fiscal year
shall be transferred to the Secretary of Transportation and shall be
expended by the Secretary of Transportation for State recreational
boating safety programs under section 13106 of title 46, United States
Code.
``(2)(A) Beginning with fiscal year 1996, the amount transferred
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser
of--
``(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out the purposes
of section 13106 of title 46, United States Code, from the Boat
Safety Account in the Aquatic Resources Trust Fund established
under section 9504 of the Internal Revenue Code of 1986; or
``(ii) $35,000,000; or
``(iii) for fiscal year 1996 only, $30,000,000.
``(B) The amount of any reduction under subparagraph (A) shall be
apportioned among the several States under subsection (d) by the
Secretary of the Interior.''.
(2) Conforming amendment.--Section 5604(c)(1) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking
``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)'' and inserting ``section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
(3) Limitation on other distribution.--Notwithstanding any
other law, the amount distributed under section 4(a) of the Act
of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may
not exceed $50,000,000.
(b) Expenditure of Amounts for State Recreational Boating Safety
Programs.--Section 13106 of title 46, United States Code, is amended--
(1) in subsection (a)(1) by striking the first sentence and
inserting the following: ``Subject to paragraph (2), the
Secretary shall expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal year
plus the amount transferred to the Secretary under section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for
that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State recreational
boating safety programs there are authorized to be appropriated to the
Secretary of Transportation from the Boat Safety Account established
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''.
SEC. 3. BOATING ACCESS.
(a) Findings.--The Congress makes the following findings:
(1) Nontrailerable recreational motorboats contribute 15
percent of the gasoline taxes deposited in the Aquatic
Resources Trust Fund while constituting less than 5 percent of
the recreational vessels in the United States.
(2) The majority of recreational vessel access facilities
constructed with Aquatic Resources Trust Fund moneys benefit
trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys should be
spent on recreational vessel access facilities that benefit
recreational vessels that are nontrailerable vessels.
(b) Purpose.--The purpose of this section is to provide funds to
States for the development of public facilities for transient
nontrailerable vessels.
(c) Survey.--Within 18 months after the date of the enactment of
this Act, any State may complete and submit to the Secretary of the
Interior a survey which identifies--
(1) the number and location in the State of all public
facilities for transient nontrailerable vessels; and
(2) the number and areas of operation in the State of all
nontrailerable vessels that operate on navigable waters in the
State.
(d) Plan.--Within 6 months after submitting a survey to the
Secretary of the Interior in accordance with subsection (c), a State
may develop and submit to the Secretary of the Interior a plan for the
construction and renovation of public facilities for transient
nontrailerable vessels to meet the needs of nontrailerable vessels
operating on navigable waters in the State.
(e) Grant Program.--
(1) Matching grants.--The Secretary of the Interior may
obligate not less than \1/2\ of the amount made available for
each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of
the Act of August 9, 1950, as amended by section 2(a)(1) of
this Act, to make grants to any State to pay not more than 75
percent of the cost of constructing or renovating public
facilities for transient nontrailerable vessels.
(2) Priorities.--
(A) In general.--In awarding grants under this
subsection, the Secretary of the Interior shall give
priority to projects that consist of the construction
or renovation of public facilities for transient
nontrailerable vessels in accordance with a plan
submitted by a State submitted under subsection (b).
(B) Within state.--In awarding grants under this
subsection for projects in a particular State, the
Secretary of the Interior shall give priority to
projects that are likely to serve the greatest number
of nontrailerable vessels.
SEC. 4. DEFINITIONS.
For the purpose of this Act the term--
(1) ``Act of August 9, 1950'' means the Act entitled ``An
Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ``nontrailerable vessel'' means a recreational vessel
greater than 26 feet in length;
(3) ``public facilities for transient nontrailerable
vessels'' means mooring buoys, day-docks, seasonal slips or
similar structures located on navigable waters, that are
available to the general public and designed for temporary use
by nontrailerable vessels;
(4) ``recreational vessel'' means a vessel--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure; and
(5) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands. | Boating Improvement Act of 1994 - Amends the Dingell-Johnson Sport Fish Restoration Act to increase the amounts transferred from State fish restoration and management project appropriations for grants for recreational boating safety programs. Revises funding from the same appropriations for grants to coastal and inland States for: (1) the construction and renovation of pumpout stations and waste reception facilities; and (2) education of recreational boaters about the problems of human body waste discharges from vessels.
Revises the amount the Secretary of Transportation shall expend from the Boat Safety Account for State recreational boating safety programs.
Authorizes eligible States to submit plans to the Secretary of the Interior for the construction and renovation of public facilities for transient nontrailerable vessels. Authorizes grants for such purposes. | {"src": "billsum_train", "title": "Boating Improvement Act of 1994"} | 1,977 | 164 | 0.524677 | 1.395995 | 0.670412 | 2.574468 | 12.567376 | 0.77305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Reliable Electricity Now
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of a carbon capture and storage technology that has
Federal Government funding or financial assistance.
(3) Existing source.--The term ``existing source'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(4) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(5) Modification.--The term ``modification'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(6) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of enactment of this Act.
(7) New source.--The term ``new source'' has the meaning
given the term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)).
(8) Reconstructed source.--The term ``reconstructed
source'' means any stationary source, the reconstruction (as
defined in section 60.15 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act)) of which is commenced after the date of enactment of this
Act.
SEC. 3. STANDARDS OF PERFORMANCE FOR NEW, MODIFIED, AND RECONSTRUCTED
FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator may not issue, implement, or
enforce any proposed or final rule, in whole or in part, under section
111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard
of performance for emissions of any greenhouse gas from any new source,
modified source, or reconstructed source that is a fossil fuel-fired
electric utility generating unit, unless that rule meets the
requirements of subsections (b) and (c).
(b) Requirements.--In issuing any rule pursuant to section 111 of
the Clean Air Act (42 U.S.C. 7411) establishing standards of
performance for emissions of any greenhouse gas from new sources,
modified sources, or reconstructed sources that are fossil fuel-fired
electric utility generating units, the Administrator, for purposes of
establishing those standards--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not establish a standard based on the best system
of emission reduction for new sources within a fossil-fuel
category unless--
(A) the standard has been achieved, on average, for
at least 1 continuous 12-month period (excluding
planned outages) by each of at least 6 units within
that category--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) that, collectively, are representative
of the operating characteristics of electric
generation at different locations in the United
States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting the standard.
(c) Coal With Certain Heat Content.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator shall establish a separate
subcategory for new sources, modified sources, or reconstructed
sources that are fossil fuel-fired electric utility generating
units using coal with an average heat content of 8,300 or less
British Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule pursuant to section 111 of the Clean Air Act
(42 U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new, modified, or
reconstructed sources in the subcategory referred to in
paragraph (1), the Administrator shall not establish a standard
based on the best system of emission reduction unless--
(A) that standard has been achieved, on average,
for at least 1 continuous 12-month period (excluding
planned outages) by each of at least 3 units within
that subcategory--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in establishing that standard.
SEC. 4. STANDARDS OF PERFORMANCE FOR EXISTING FOSSIL FUEL-FIRED
ELECTRIC UTILITY GENERATING UNITS, COMPLIANCE EXTENSION,
AND RATEPAYER PROTECTION.
(a) Limitation.--
(1) In general.--The Administrator may not issue,
implement, or enforce any proposed or final rule described in
paragraph (2), unless that rule meets the requirements of
subsection (b).
(2) Description of rule.--A rule referred to in paragraph
(1) is any proposed or final rule to address carbon dioxide
emissions from existing sources that are fossil fuel-fired
electric utility generating units under section 111 of the
Clean Air Act (42 U.S.C. 7411), including any final rule that
succeeds--
(A) the proposed rule entitled ``Carbon Pollution
Emission Guidelines for Existing Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 34830
(June 18, 2014)); or
(B) the supplemental proposed rule entitled
``Carbon Pollution Emission Guidelines for Existing
Stationary Sources: EGUs in Indian Country and U.S.
Territories; Multi-Jurisdictional Partnerships'' (79
Fed. Reg. 65482 (November 4, 2014)).
(b) Requirements.--
(1) In general.--Before issuing, implementing, or enforcing
any rule described in subsection (a)(2), the Administrator
shall--
(A) submit to Congress a report describing the
quantity of greenhouse gas emissions that the rule is
projected to reduce, as compared to overall domestic
and global greenhouse gas emissions;
(B) conduct modeling regarding the means by which
the source rule in effect on the date of development of
the proposed rule, if applicable, impacts each climate
indicator used by the Administrator in developing the
proposed rule; and
(C) issue State-specific model plans to demonstrate
with specificity the areas in, and means by which, each
State will be required to reduce the greenhouse gas
emissions of the State under the rule.
(2) Exclusion.--A court shall not consider paragraph (1) in
determining whether the Administrator is authorized to issue
any rule described in subsection (a)(2).
(c) Ratepayer Protections.--No State shall be required to adopt or
submit a State plan, and no State or entity within a State shall become
subject to a Federal plan, pursuant to any final rule described in
subsection (a), if the Governor of the State makes a determination, and
notifies the Administrator, that implementation of the State or Federal
plan would have a negative effect on--
(1) economic growth, competitiveness, and jobs in the
State;
(2) the reliability of the electricity system of the State;
or
(3) the electricity ratepayers of the State, including low-
income ratepayers, by causing electricity rate increases.
(d) Extension of Compliance Dates.--
(1) Definition of compliance date.--
(A) In general.--In this subsection, the term
``compliance date'' means, with respect to any
requirement of a final rule described in subsection
(a)(2), the date by which any State, local, or tribal
government or other person is first required to comply
with the requirement.
(B) Inclusion.--The term ``compliance date''
includes the date by which State plans are required to
be submitted to the Administrator under any final rule
described in subsection (a)(2).
(2) Extensions.--Each compliance date of any final rule
described in subsection (a)(2) is deemed to be extended by the
time period equal to the time period described in paragraph
(3).
(3) Period described.--The time period described in this
paragraph is the period of days that--
(A) begins on the date that is 60 days after the
day on which notice of promulgation of a final rule
described in subsection (a)(2) appears in the Federal
Register; and
(B) ends on the date on which judgement becomes
final, and no longer subject to further appeal or
review, in all actions (including any action filed
pursuant to section 307 of the Clean Air Act (42 U.S.C.
7607)) that--
(i) are filed during the 60 days described
in paragraph (A); and
(ii) seek review of any aspect of the rule.
SEC. 5. LIMITATION ON EFFECT OF NONCOMPLIANCE.
Notwithstanding any other provision of law, noncompliance by a
State with any proposed, modified, or final rule described in section 3
or 4 applicable to any new, modified, reconstructed, or existing source
shall not constitute a reason for imposing any highway sanction under
section 179(b)(1) of the Clean Air Act (42 U.S.C. 7509(b)(1)).
SEC. 6. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules shall be of no force or effect, and shall be
treated as though the rules had never been issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'' (77 Fed. Reg. 22392
(April 13, 2012)); and
(B) withdrawn pursuant to the notice entitled
``Withdrawal of Proposed Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 1352
(January 8, 2014)).
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions from New Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 1430 (January
8, 2014)).
(3) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'' (79 Fed. Reg. 34960 (June 18,
2014)).
(4) With respect to the proposed rules described in
paragraphs (1), (2), and (3), any successor or substantially
similar proposed or final rule that--
(A) is issued prior to the date of enactment of
this Act;
(B) is applicable to any new, modified, or
reconstructed source that is a fossil fuel-fired
electric utility generating unit; and
(C) does not meet the requirements under
subsections (b) and (c) of section 3.
(5) Any proposed or final rule or guideline under section
111 of the Clean Air Act (42 U.S.C. 7411) that--
(A) is issued prior to the date of enactment of
this Act; and
(B) establishes any standard of performance for
emissions of any greenhouse gas from any modified
source or reconstructed source that is a fossil fuel-
fired electric utility generating unit or apply to the
emissions of any greenhouse gas from an existing source
that is a fossil fuel-fired electric utility generating
unit.
SEC. 7. RESTATEMENT OF EXISTING LAW.
Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) is
amended--
(1) by striking ``(d)(1) The Administrator'' and inserting
the following:
``(d) Standards of Performance for Existing Sources; Remaining
Useful Life of Source.--
``(1) In general.--The Administrator'';
(2) in paragraph (1)(A)(i), by striking ``section 108(a)
or'' and all that follows through ``but'' and insert ``section
108(a) or emitted from a source category that is regulated
under section 112, but'';
(3) by striking ``(2) The Administrator'' and inserting the
following:
``(2) Authority of the administrator.--The Administrator'';
(4) in the undesignated matter at the end, by striking ``In
promulgating a standard'' and inserting the following:
``(3) Considerations.--In promulgating a standard''; and
(5) by adding at the end the following:
``(4) Prohibition.--The Administrator shall not regulate as
an existing source under this subsection any source category
regulated under section 112.''. | . Affordable Reliable Electricity Now Act of 2015 (Sec. 3) This bill requires the Environmental Protection Agency (EPA) to meet certain conditions prior to issuing, implementing, or enforcing a rule under the Clean Air Act that: (1) establishes a performance standard for greenhouse gas emissions from new, modified, or reconstructed fossil fuel-fired power plants (new power plants); and (2) addresses carbon dioxide emissions from existing fossil fuel-fired power plants (existing power plants). In issuing those rules for new power plants, the EPA must: (1) place power plants fueled with coal and natural gas into separate categories, and (2) establish a separate subcategory for power plants using coal below a specified average heat content. The EPA must base greenhouse gas standards for new power plans on existing carbon capture and storage technology. Before the EPA can establish a greenhouse gas standard based on the best system of emission reduction for new power plants, the standard must first be achieved for at least one year at representative power plants throughout the country. The EPA may not use results obtained from demonstration projects when setting the standard. (Sec. 4) In order to regulate carbon dioxide emissions from existing power plants, the EPA must: report on the quantity of projected greenhouse gas emission reductions, assess the impacts of a rule to EPA's climate indicators, and issue state-specific model plans demonstrating how each state can meet the required greenhouse gas emission reductions. States need not adopt or implement a state plan, or be subject to a federal plan, that addresses carbon dioxide emissions from existing power plants if the plan would negatively affect: (1) economic growth, competitiveness, and jobs; (2) the reliability of its electricity system; or (3) electricity ratepayers by causing rate increases. The bill extends the compliance dates of those rules for existing power plants pending final judicial review. (Sec. 5) State noncompliance with any of those rules for new or existing power plants does not constitute a reason for imposing a highway project sanction. (Sec. 6) The bill nullifies specified rules under the Clean Air Act concerning greenhouse gases from power plants. (Sec. 7) The EPA may regulate an existing power plant for either hazardous air pollutants or non-hazardous pollution, but not both. | {"src": "billsum_train", "title": "Affordable Reliable Electricity Now Act of 2015"} | 3,030 | 502 | 0.540137 | 1.577042 | 0.636884 | 2.270925 | 5.839207 | 0.790749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denali Commission Reauthorization
Act of 2012''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Membership.--
``(1) Composition.--The Commission shall be composed of 7
members with a statewide perspective and knowledge regarding
rural Alaska matters (including transportation, health,
education and training, energy, economic development, community
and regional planning, design, construction, and maintenance of
rural infrastructure, workforce development, and communication
infrastructure and systems), of whom--
``(A) 5 shall be appointed by the Secretary of
Commerce (referred to in this title as the
`Secretary'), of whom--
``(i) 1 shall represent the views and
perspectives of an organized labor or
vocational training group within the State of
Alaska;
``(ii) 1 shall represent the views and
perspectives of Native Corporations (as defined
in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
``(iii) 1 shall have experience relating to
project management and construction in rural
Alaska;
``(iv) 1 shall represent the views and
perspectives of rural local government
interests in the State of Alaska; and
``(v) 1 shall represent the views and
perspectives of rural tribal interests in the
State of Alaska;
``(B) 1 shall be the Governor of the State of
Alaska or an individual selected by the Secretary from
nominations submitted by the Governor; and
``(C) 1 shall be the Federal Cochairperson of the
Commission, to be appointed by the Secretary in
accordance with paragraph (3).
``(2) Date of appointments.--The appointments of the
members of the Commission under subparagraphs (A) and (B) of
paragraph (1) shall be made by not later than 90 days after the
date of enactment of the Denali Commission Reauthorization Act
of 2012.
``(3) Federal cochairperson.--
``(A) Recommendations.--Not later than 30 days
after the date of appointment of the members of the
Commission described in paragraph (2), those members
shall submit to the Secretary recommendations for an
individual to serve as Federal Cochairperson of the
Commission under paragraph (1)(C).
``(B) Selection.--
``(i) In general.--Not later than 60 days
after the date of receipt of the
recommendations under subparagraph (A), the
Secretary shall appoint an individual to serve
as Federal Cochairperson of the Commission.
``(ii) Consideration.--In appointing the
Federal Cochairperson under clause (i), the
Secretary may take into consideration, but
shall not be required to select, any individual
recommended under subparagraph (A).
``(C) Treatment.--The Federal Cochairperson shall
be a nonvoting member of the Commission.
``(D) Vacancy.--
``(i) In general.--Any vacancy in the
position of Federal Cochairperson shall be
filled in the same manner as the original
appointment.
``(ii) Interim federal cochairperson.--
Before vacating the position of Federal
Cochairperson, the Federal Cochairperson shall
appoint to serve as Interim Federal
Cochairperson, for the period beginning on the
date on which the vacancy in the position of
Federal Cochairperson occurs and ending on the
date on which a new Federal Cochairperson is
appointed under clause (i), the staff member of
the Commission with the most seniority.
``(4) Status.--No member of the Commission (other than the
Federal Cochairperson) shall be considered to be an employee of
the Federal Government for any purpose.''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``The
Federal Cochairperson'' and inserting the following:
``(1) Federal cochairperson.--The Federal Cochairperson'';
and
(B) by striking the second and third sentences and
inserting the following:
``(2) Members.--
``(A) Terms.--A member of the Commission shall be
appointed for a term of 4 years, except that, of the
members first appointed--
``(i) the members appointed under clauses
(ii) and (iv) of subsection (b)(1)(A) shall be
appointed for terms of 3 years; and
``(ii) the members appointed under clauses
(i) and (iii) of subsection (b)(1)(A) shall be
appointed for terms of 2 years.
``(B) Vacancies.--
``(i) In general.--A vacancy on the
Commission--
``(I) shall not affect the powers
of the Commission;
``(II) shall be filled in the
manner in which the original
appointment was made; and
``(III) shall be subject to any
conditions that applied with respect to
the original appointment.
``(ii) Filling unexpired term.--An
individual selected to fill a vacancy shall be
appointed for the unexpired term of the member
replaced.
``(C) Expiration.--The term of any member shall not
expire before the date on which the successor of the
member takes office.''.
SEC. 3. FUNDING REQUIREMENTS; DUTIES.
(a) In General.--Section 304 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note; Public Law 105-277) is amended to read as
follows:
``SEC. 304. FUNDING REQUIREMENTS; DUTIES.
``(a) Cost Share.--
``(1) In general.--In carrying out any construction project
or activity under this title, the Commission shall require a
cost share of--
``(A) up to 50 percent of the total cost of the
construction project or activity; or
``(B) for a construction project or activity
carried out in a distressed community (as determined by
the department of labor and workforce development of
the State of Alaska or by the Commission), up to 20
percent of the total cost of the construction project
or activity.
``(2) Preconstruction procedures.--The cost-share
requirements under paragraph (1) shall not apply with respect
to preconstruction procedures.
``(b) Public Comments.--The Commission members and the Federal
Cochairperson shall seek comments from rural Alaska communities and
other stakeholder groups regarding rural development needs.
``(c) Duties.--The members of the Commission shall--
``(1) advise the Commission regarding coordinated
infrastructure planning (including annual and multiyear
strategies) among and for--
``(A) rural Alaska communities;
``(B) the State of Alaska;
``(C) Federal agencies; and
``(D) other governmental and nongovernmental
entities;
``(2) establish a list of priorities of the Commission for
rural Alaska communities on an annual basis, including funding
recommendations and the means by which the recommendations--
``(A) address multiyear strategies; and
``(B) are coordinated with--
``(i) rural Alaska communities;
``(ii) the State of Alaska;
``(iii) Federal agencies; and
``(iv) other government and nongovernmental
entities;
``(3) review ongoing and completed Commission-funded
projects and programs for compliance with stated objectives and
outcomes; and
``(4) examine Commission-funded projects and programs--
``(A) for consistency and standardization; and
``(B) to determine a means of improving the
management and success of future Commission-funded
projects and programs.
``(d) Operational Matters.--The Federal Cochairperson (and not the
members of the Commission) shall be responsible for Commission
operational matters, including budgetary matters.''.
(b) Conforming Amendment.--Section 307 of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by
striking subsection (c) and inserting the following:
``(c) Demonstration Health Projects.--
``(1) In general.--To demonstrate the value of adequate
health facilities and services to the economic development of
the region, the Secretary of Health and Human Services may make
interagency transfers to the Commission to plan, construct, and
equip demonstration health, nutrition, and child care projects,
including hospitals, health care clinics, and mental health
facilities (including drug and alcohol treatment centers).
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
SEC. 4. POWERS OF COMMISSION.
Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) is amended by striking subsection (d) and
inserting the following:
``(d) Detail of Federal Employees; Agreements, Grants, and
Payments.--
``(1) Detail of federal employees.--Any employee of the
Federal Government may be detailed to the Commission--
``(A) without reimbursement; and
``(B) without interruption or loss of civil service
status or privilege.
``(2) Agreements, grants, and payments.--The Commission,
acting through the Federal Cochairperson, may enter into
contracts and cooperative agreements, award grants, and make
payments necessary to carry out the purposes of the
Commission.''.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Section 306 of the Denali Commission
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by
striking subsection (a) and inserting the following:
``(a) Compensation of Members.--
``(1) In general.--Subject to paragraph (2), the members of
the Commission shall serve without compensation.
``(2) Federal cochairperson.--The Federal Cochairperson
shall be compensated at the annual rate prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.''.
(b) Travel Expenses.--Section 306(b) of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) by striking ``The members'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the members'';
and
(2) by adding at the end the following:
``(2) Waiver.--A member of the Commission may waive all or
any portion of the travel expenses provided to the member under
paragraph (1).''.
(c) Inspector General.--
(1) In general.--Section 306 of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by
striking subsection (h) and inserting the following:
``(h) Inspector General.--The Commission shall use the services of
the Inspector General of the Department of Commerce.''.
(2) Conforming amendment.--Section 8G(a)(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``the Denali Commission,''.
SEC. 6. REAUTHORIZATION.
The first section 310 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105-277) (relating to authorization of
appropriations) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--There are authorized to be appropriated to the
Commission such sums as are necessary to carry out this title, in
accordance with the purposes of this title, for fiscal year 2013 and
each fiscal year thereafter.''.
SEC. 7. REPEALS.
(a) In General.--
(1) Exemption from federal advisory committee act.--Section
308 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277) is repealed.
(2) Economic development committee.--The second section 310
of the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277) (relating to the Economic Development
Committee) is repealed.
(b) Conforming Amendments.--Sections 309 and 310 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) are
redesignated as sections 308 and 309, respectively.
SEC. 8. BUDGET COMMITTEE.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277) (as amended by section 7(b)) is amended by adding at the end
the following:
``SEC. 310. BUDGET COMMITTEE.
``(a) Establishment.--Not later than 180 days after the date of
enactment of the Denali Commission Reauthorization Act of 2012, the
Federal Cochairperson shall establish a Budget Committee to serve the
Commission.
``(b) Membership.--The Budget Committee shall be composed of 3
members, of whom--
``(1) 1 shall be the Governor of the State of Alaska or a
member of the Commission selected in accordance with section
303(b)(1)(B);
``(2) 1 shall be a Federal employee or detailee with
expertise in the Federal budget process, to be selected by the
Federal Cochairperson; and
``(3) 1 shall be a member of the Commission, to be selected
by the members of the Commission.
``(c) Duties.--The Budget Committee shall carry out the following
activities for the Commission:
``(1) Review the operating budget of the Commission.
``(2) Make appropriate recommendations to the Federal
Cochairperson.
``(d) Compensation of Members.--
``(1) In general.--The members of the Budget Committee
shall serve without compensation.
``(2) Travel expenses.--The members of the Budget Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Budget Committee.''. | Denali Commission Reauthorization Act of 2012 - Amends the Denali Commission Act of 1998 (the Act) to revise requirements concerning the composition of the membership of the Denali Commission. Appoints Commission members to four-year terms.
Directs the Commission, in carrying out construction projects or activities under the Act, to require a cost share of: (1) up to 50% of the total cost of the project or activity; or (2) up to 20% of the total cost of a project or activity carried out in a distressed community. Exempts preconstruction procedures from such cost share requirements.
Requires the Commission to seek comments from rural Alaska communities and other stakeholder groups regarding rural development needs.
Rewrites the duties of the Commission. Instructs Commission members to: (1) advise the Commission regarding coordinated infrastructure planning among and for rural Alaskan communities, the state of Alaska, federal agencies, and other governmental and nongovernmental entities; (2) annually establish a list of priorities of the Commission for such communities; and (3) review ongoing and completed Commission-funded projects and programs. Makes the Cochairperson responsible for Commission operational matters, including budgetary matters.
Revises requirements regarding demonstration health projects. Authorizes appropriations.
Rewrites provisions concerning the powers of the Commission.
Requires the Commission to use the services of the Inspector General of the Department of Commerce.
Makes permanent the authorization of appropriations for the Commission to carry out the Act.
Repeals provisions regarding: (1) the exemption of the Commission from the Federal Advisory Committee Act, and (2) the Economic Development Committee.
Requires the federal Cochairperson to establish a Budget Committee to serve the Commission. | {"src": "billsum_train", "title": "To amend the Denali Commission Act of 1998 to reauthorize and modify the membership of the Denali Commission, and for other purposes."} | 3,239 | 356 | 0.55833 | 1.764358 | 0.69575 | 3.611801 | 9.024845 | 0.909938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel Act of 1993''.
SEC. 2. EXTENSION.
Section 599 of title 28, United States Code, is amended by striking
``five years'' and inserting ``eleven years''.
SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator, or any Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator or such a Representative, Delegate, or
Resident Commissioner within the 2-year period before the
receipt of the information under subsection (a) with respect to
conduct that occurred while such person was a Senator or such a
Representative, Delegate, or Resident Commissioner.''.
SEC. 4. PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL.
Section 596 of title 28, United States Code, is amended by adding
at the end the following:
``(d) Periodic Reappointment of Independent Counsel.--If an office
of independent counsel has not terminated before--
``(1) the date two years after the original appointment to
that office; or
``(2) the end of each succeeding 2-year period;
such counsel shall apply to the division of the court for
reappointment. The court shall first determine whether the office of
that independent counsel should be terminated under subsection (b)(2).
If the court determines that such office will not be terminated under
such subsection, the court shall reappoint the applicant if the court
determines such applicant remains the appropriate person to carry out
the duties of the office. If not, the court shall appoint some other
person whom it considers qualified under the standards set forth in
section 593 of this title. If the court has not taken the actions
required by this subsection within 90 days after the end of the
applicable 2-year period, then that office of independent counsel shall
terminate at the end of that 90-day period.''.
SEC. 5. PERIODIC REPORTS.
Section 595(a)(2) of title 28, United States Code, is amended by
striking ``such statements'' and all that follows through
``appropriate'' and inserting ``annually a report on the activities of
such independent counsel, including a description of the progress of
any investigation or prosecution conducted by such independent counsel.
Such report need not contain any matter that in the judgment of the
independent counsel should be kept confidential, but shall provide
information adequate to justify the expenditures which the office of
that independent counsel has made, and indicate in general terms the
state of the work of the independent counsel''.
SEC. 6. EFFECT OF TERMINATION OF CHAPTER.
Section 599 of title 28, United States Code, is amended by
inserting ``, or until 120 days have elapsed, whichever is earlier''
after ``completed''.
SEC. 7. SUBPOENA POWER.
Section 592(a)(2) of title 28, United States Code, is amended by
striking ``grant immunity, or issue subpoenas'' and inserting ``or
grant immunity, but may issue subpoenas duces tecum''.
SEC. 8. CONGRESSIONAL REQUESTS.
Section 592(g)(2) of title 28, United States Code, is amended in
the first sentence--
(1) by inserting after ``request under paragraph (1)'' the
following: ``with respect to possible violations of law
described in section 591(a) by any person described in section
591(b)''; and
(2) by striking ``subsection (a) or (c) of section 591, as
the case may be'' and inserting ``section 591(a)''.
SEC. 9. ATTORNEY'S FEES.
Section 593(f)(1) of title 28, United States Code, is amended--
(1) by striking ``, if no indictment is brought against
such individual pursuant to that investigation,''; and
(2) by striking ``during that investigation''.
SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.
Section 594(b) of title 28, United States Code, is amended to read
as follows:
``(b) Compensation.--
``(1) In general.--Except as provided in paragraph (2), an
independent counsel appointed under this chapter shall receive
compensation at the per diem rate equal to the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5.
``(2) Travel and lodging in washington.--An independent
counsel and persons appointed under subsection (c) shall not be
entitled to the payment of travel and subsistence expenses
under subchapter 1 of chapter 57 of title 5, with respect to
duties performed in the District of Columbia after 1 year of
service under this chapter.''.
SEC. 11. RESTRICTIONS ON STAFF.
Section 594(c) of title 28, United States Code, is amended--
(1) by inserting after ``competitive service.'' the
following: ``Such employees shall be paid salaries at levels
not to exceed those paid for comparable positions in the office
of United States Attorney for the District of Columbia under
sections 548 and 550 of this title.''; and
(2) by adding at the end the following: ``To the greatest
extent possible, an independent counsel shall use personnel of
the Department of Justice, in lieu of appointing employees, to
carry out the duties of the office of such independent counsel.
Not more than $500,000 may be expended in any 1-year period to
compensate employees appointed by an independent counsel or
detailed to the office of such independent counsel under this
subsection, except to the extent that an appropriations Act
specifically makes available additional funds for such
purpose.''.
SEC. 12. COMPLIANCE WITH POLICIES OF THE DEPARTMENT OF JUSTICE.
Section 594(f) of title 28, United States Code, is amended--
(1) by striking ``shall, except where not possible,
comply'' and inserting ``shall, except where inconsistent with
the purposes of this chapter, comply''; and
(2) by inserting after ``criminal laws'' the following ``,
and with respect to expenditures of funds by the Department''.
SEC. 13. ETHICS ENFORCEMENT.
Section 594(j) of title 28, United States Code, is amended by
adding at the end the following new paragraph:
``(5) Enforcement.--The Department of Justice and the
Office of Government Ethics have authority to enforce
compliance with this subsection.''.
SEC. 14. RESTRICTION ON EXPENDITURES.
Section 594 of title 28, United States Code, is amended by adding
at the end the following:
``(l) Limitation on Expenditures.--No funds may be expended for the
operation of any office of independent counsel after the end of the 2-
year period after its establishment, except to the extent that an
appropriations Act enacted after such establishment specifically makes
available funds for such office for use after the end of that 2-year
period.''.
SEC. 15. ADMINISTRATIVE AND COST CONTROLS.
Section 594 of title 28, United States Code, is amended by adding
at the end the following:
``(m) Administrative and Cost Controls.--
``(1) Administrative controls.--The Director of the
Administrative Office of the United States Courts shall provide
administrative support and guidance to each independent
counsel. The Administrator of General Services, in consultation
with the Director of the Administrative Office, shall promptly
provide appropriate office space within a Federal building for
each independent counsel.
``(2) Cost controls.--An independent counsel shall--
``(A) conduct all activities with due regard for
expense;
``(B) authorize only reasonable expenditures; and
``(C) promptly upon taking office, assign to a
specific employee the duty to ensure expenditures are
made in accordance with the principles set forth in
subparagraphs (A) and (C).''.
SEC. 16. GAO REPORT.
The Comptroller General of the United States shall submit to the
Congress, not later than 1 year after the date of the enactment of this
Act, a report setting forth recommendations of ways to improve controls
on costs of offices of independent counsel under chapter 40 of title
28, United States Code. | Independent Counsel Act of 1993 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years.
Makes such law applicable to Senators and Representatives in, and Delegates and Resident Commissioners to, the Congress, subject to specified limitations.
Provides for the periodic reappointment of an independent counsel.
Revises provisions regarding: (1) subpoena power; (2) congressional requests for information; (3) attorney fees; (4) independent counsel per diem expenses; and (5) compliance with policies of the Department of Justice (DOJ).
Limits the salaries of employees of the independent counsel's office to those paid for comparable positions in the office of the U.S. Attorney for the District of Columbia. Requires that an independent counsel use DOJ personnel in lieu of appointing employees to carry out the duties of the office of independent counsel. Limits to $500,000 the amount that may be expended in any one-year period to compensate employees appointed by an independent counsel or detailed to such office, with exceptions.
Grants DOJ and the Office of Government Ethics authority to enforce compliance with standards of conduct applicable to an independent counsel, persons serving in the office of an independent counsel, and their law firms.
Prohibits the expenditure of funds for the operation of any office of independent counsel beyond the two-year period after its establishment, with exceptions.
Requires: (1) the Director of the Administrative Office of the U.S. Courts to provide administrative support and guidance to each independent counsel; (2) the Administrator of General Services to promptly provide appropriate office space within a Federal building for each independent counsel; and (3) an independent counsel to conduct all activities with due regard for expense, to authorize only reasonable expenditures, and promptly upon taking office to assign to a specific employee the duty to ensure that expenditures are made in accordance with such principles.
Directs the Comptroller General of the United States to submit a report to the Congress recommending ways to improve controls on costs of independent counsel offices. | {"src": "billsum_train", "title": "Independent Counsel Act of 1993"} | 1,918 | 433 | 0.542057 | 1.786561 | 0.754325 | 3.260101 | 4.472222 | 0.896465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Differential Pay
Protection Act''.
SEC. 2. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS.
(a) In General.--Section 3401 of the Internal Revenue Code of 1986
(relating to definitions) is amended by adding at the end the following
new subsection:
``(i) Differential Wage Payments to Active Duty Members of the
Uniformed Services.--
``(1) In general.--For purposes of subsection (a), any
differential wage payment shall be treated as a payment of
wages by the employer to the employee.
``(2) Differential wage payment.--For purposes of paragraph
(1), the term `differential wage payment' means any payment
which--
``(A) is made by an employer to an individual with
respect to any period during which the individual is
performing service in the uniformed services while on
active duty for a period of more than 30 days, and
``(B) represents all or a portion of the wages the
individual would have received from the employer if the
individual were performing service for the employer.''
(b) Effective Date.--The amendment made by this section shall apply
to remuneration paid after December 31, 2004.
SEC. 3. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN
PURPOSES.
(a) Pension Plans.--
(1) In general.--Section 414(u) of the Internal Revenue
Code of 1986 (relating to special rules relating to veterans'
reemployment rights under USERRA) is amended by adding at the
end the following new paragraph:
``(11) Treatment of differential wage payments.--
``(A) In general.--Except as provided in this
paragraph, for purposes of applying this title to a
retirement plan to which this subsection applies--
``(i) an individual receiving a
differential wage payment shall be treated as
an employee of the employer making the payment,
``(ii) the differential wage payment shall
be treated as compensation, and
``(iii) the plan shall not be treated as
failing to meet the requirements of any
provision described in paragraph (1)(C) by
reason of any contribution which is based on
the differential wage payment.
``(B) Special rule for distributions.--
``(i) In general.--Notwithstanding
subparagraph (A)(i), for purposes of section
401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii),
403(b)(11)(A), or 457(d)(1)(A)(ii), an
individual shall be treated as having been
severed from employment during any period the
individual is performing service in the
uniformed services described in section
3401(i)(2)(A).
``(ii) Limitation.--If an individual elects
to receive a distribution by reason of clause
(i), the plan shall provide that the individual
may not make an elective deferral or employee
contribution during the 6-month period
beginning on the date of the distribution.
``(C) Nondiscrimination requirement.--Subparagraph
(A)(iii) shall apply only if all employees of an
employer performing service in the uniformed services
described in section 3401(i)(2)(A) are entitled to
receive differential wage payments on reasonably
equivalent terms and, if eligible to participate in a
retirement plan maintained by the employer, to make
contributions based on the payments. For purposes of
applying this subparagraph, the provisions of
paragraphs (3), (4), and (5), of section 410(b) shall
apply.
``(D) Differential wage payment.--For purposes of
this paragraph, the term `differential wage payment'
has the meaning given such term by section
3401(i)(2).''
(2) Conforming amendment.--The heading for section 414(u)
of such Code is amended by inserting ``and to Differential Wage
Payments to Members on Active Duty'' after ``USERRA''.
(b) Differential Wage Payments Treated as Compensation for
Individual Retirement Plans.--Section 219(f)(1) of the Internal Revenue
Code of 1986 (defining compensation) is amended by adding at the end
the following new sentence: ``The term `compensation' includes any
differential wage payment (as defined in section 3401(i)(2)).''
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2004.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any plan or
annuity contract amendment--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan or
contract during the period described in paragraph
(2)(B)(i), and
(B) except as provided by the Secretary of the
Treasury, such plan shall not fail to meet the
requirements of the Internal Revenue Code of 1986 or
the Employee Retirement Income Security Act of 1974 by
reason of such amendment.
(2) Amendments to which section applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any amendment made by this
section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2007.
(B) Conditions.--This subsection shall not apply to
any plan or annuity contract amendment unless--
(i) during the period beginning on the date
the amendment described in subparagraph (A)(i)
takes effect and ending on the date described
in subparagraph (A)(ii) (or, if earlier, the
date the plan or contract amendment is
adopted), the plan or contract is operated as
if such plan or contract amendment were in
effect; and
(ii) such plan or contract amendment
applies retroactively for such period. | Uniformed Services Differential Pay Protection Act - Amends the Internal Revenue Code to treat differential wage payments as a payment of wages by an employer to an employee for income tax purposes. Defines "differential wage payment" as any employer payment to an individual serving on active duty in the uniformed services for more than 30 days which represents wages such individual would have received if such individual were performing services for the employer.
Treats an individual receiving differential wage payments as an employee and treats differential wage payments as compensation for retirement plan purposes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the proper treatment of differential wage payments made to employees called to active duty in the uniformed services, and for other purposes."} | 1,360 | 115 | 0.680737 | 1.635634 | 0.700641 | 2.58 | 11.56 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Foreign Lobbying Act of
1993''.
SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS
SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND
ASSOCIATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
441 et seq.) is amended by adding at the end the following new section:
``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations
``Sec. 324. (a) Notwithstanding any other provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election for
Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital stock
may make any contribution or expenditure with respect to an
election for Federal office if 50 percent or more of the
operating fund of the trade organization, membership
organization, cooperative, or corporation without capital stock
is supplied by foreign-controlled corporations or foreign
nationals.
``(b) The Commission shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes above
or below 50 percent) of the percentage of ownership interest in
the corporation that is controlled by persons other than
citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital stock
to include in its statement of organization of the
multicandidate political committee or separate segregated fund
(and update annually) the percentage of its operating fund that
is derived from foreign-owned corporations and foreign
nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) The Commission shall maintain a list of the identity of the
multicandidate political committees or separate segregated funds that
file reports under subsection (b), including a statement of the amounts
and percentage reported by such multicandidate political committees or
separate segregated funds.
``(d) As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or nationals
of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended by adding at the end the following new subsection:
``(c) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decisionmaking process of any
person, such as a corporation, labor organization, or political
committee, with regard to such person's Federal or non-Federal
election-related activities, such as decisions concerning the making of
contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the
administration of a political committee.''.
SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES
INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION.
(a) There shall be established within the Federal Election
Commission a clearinghouse of existing public information regarding the
political activities of foreign principals and foreign agents (as
defined by the Foreign Agents Registration Act of 1938, as amended).
The information comprising this clearinghouse shall include and be
solely limited to the following:
(1) Existing publicly disclosed registrations and quarterly
reports required by the Federal Regulation of Lobbying Act (2
U.S.C. 261-270).
(2) Existing publicly disclosed registrations and quarterly
reports required by the Foreign Agents Registration Act, as
amended (22 U.S.C. 611-621).
(3) The catalogue of public hearings, hearings witnesses
and witness affiliations as printed in the Congressional
Record.
(4) Existing public information disclosed pursuant to House
and Senate rules regarding honoraria, the receipt of gifts,
travel, earned and unearned income, post-congressional
employment, and conflict of interest regulations.
(5) Existing public information disclosed pursuant to the
requirements of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(b) Notwithstanding any other provision of law, the disclosure by
the clearinghouse of any information other than that set forth in
subsection (a) shall be prohibited except by Act of Congress.
(c) A Director shall administer and manage the responsibilities and
all activities of the clearinghouse.
(d) The Director shall be appointed by the Federal Election
Commission.
(e) The Director shall serve a single term not to exceed 5 years.
(f) There shall be authorized such sums as necessary to conduct
activities of the clearinghouse.
SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.
(a) In General.--It shall be the duty of the Director--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports, registrations,
and other existing public disclosures filed under this Act);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports and public disclosures filed
with him under this Act available for public inspection and
copying, commencing as soon as practicable, and to permit
copying of any such registration or report by hand or by
copying machine or, at the request of any person, to furnish a
copy of any such registration or report upon payment of the
cost of making and furnishing such copy; but no information
contained in such registration or report shall be sold or
utilized by any person for the purpose of soliciting
contributions or for any profit-making purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other existing public disclosures required by this Act in a
manner which facilitates the disclosure of political
activities, including, but not limited to, information on--
(A) political activities pertaining to issues
before the Congress and issues before the executive
branch; and
(B) the political activities of individuals,
organizations, foreign principals, and foreign agents
who share an economic, business, or other common
interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after the
close of each quarterly period, and to publish such information
in the Federal Register at the earliest practicable
opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General of the United States,
rules, regulations, and forms, in conformity with the
provisions of chapter 5 of title 5, United States Code, as are
necessary to carry out the provisions of this Act in the most
effective and efficient manner;
(6) at the request of any Member of the Senate or the House
of Representatives, to prepare and submit to such Member a
special study or report relating to the political activities of
any person, such report to consist solely of the information in
the registrations, reports, and other publicly disclosed
information required in this Act;
(7) to require the accurate, timely, and complete transfer
of information required under section 1 of this Act to the
clearinghouse; and
(8) to refer to the Comptroller General for investigation
any instances where registrations, reports, and political
information required in section 1 of this Act are not forwarded
to the clearinghouse in an accurate, timely, and complete
fashion.
(b) Definitions.--As used in this section--
(1) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating to
(A) any pending or proposed bill, resolution, report,
nomination, treaty, hearing, investigation, or other similar
matter in either the Senate or the House of Representatives or
any committee or office of the Congress, or (B) any action or
proposed action by a Member, officer, or employee of the
Congress to affect, or attempt to affect, any action or
proposed action by any officer or employee of the executive
branch; and
(2) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any action or possible action by any executive
agency, or by any officer or employee of the executive branch,
concerning (A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than appointments
in the competitive service, or (B) any issue before the
Congress.
SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS
AMENDED.
(a) Section 2(b) of the Foreign Agents Registration Act of 1938, as
amended, is amended in the first sentence by striking out ``, within
thirty days'' and all that follows through ``preceding six months'
period'' and inserting in lieu thereof ``on January 31, April 30, July
31, and October 31 of each year, file with the Attorney General a
supplement thereto on a form prescribed by the Attorney General, which
shall set forth regarding the three-month periods ending the previous
December 31, March 31, June 30, and September 30, respectively, or if a
lesser period, the period since the initial filing,''.
(b) Section 3(g) of the Foreign Agents Registration Act of 1938, as
amended, is amended by inserting after ``whether formal or informal.''
the following: ``Notwithstanding any other provision of law, persons
covered by this subsection shall be exempt only upon filing with the
Attorney General an affirmative request for exemption.''.
(c) Section 8 of the Foreign Agents Registration Act of 1938, as
amended, is amended by adding at the end thereof the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not less than
$2,000 or more than $5,000 for each violation committed. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) In conducting investigations and hearings under paragraph
(1), administrative law judges may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
``(B) In the case of contumacy or refusal to obey a subpoena
lawfully issued under this paragraph and, upon application by the
Attorney General, an appropriate district court of the United States
may issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as contempt
thereof.''. | Ethics in Foreign Lobbying Act of 1993 - Amends the Federal Election Campaign Act of 1971 to prohibit multicandidate political committees or separate segregated funds of certain organizations or corporations which are controlled by foreign persons from making any contributions or expenditures with respect to an election for Federal office.
Prohibits foreign nationals from participating in the decisionmaking process of domestic organizations engaged in Federal, State, or local election-related activities.
Establishes within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and their agents.
Amends the Foreign Agents Registration Act of 1938 to require agents to file quarterly supplemental registration statements. Establishes civil penalties for violation of the registration requirements. | {"src": "billsum_train", "title": "Ethics in Foreign Lobbying Act of 1993"} | 2,677 | 155 | 0.551293 | 1.519544 | 0.734596 | 3.343511 | 19.083969 | 0.885496 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.