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SECTION 1. FINDINGS.
Congress finds the following:
(1) The National Environmental Research Parks are unique
outdoor laboratories that provide opportunities for
environmental studies on protected lands around Department of
Energy facilities.
(2) In 1972, the Atomic Energy Commission established its
first official environmental research park at the Savannah
River site in South Carolina.
(3) In 1976, the Department of Energy defined the mission
for the research parks in accordance with the recommendations
of the multiagency review team for environmental research
activities at the Savannah River site.
(4) The mission of the research parks is to--
(A) conduct research and education activities to
assess and document environmental effects associated
with energy and weapons use;
(B) explore methods for eliminating or minimizing
adverse effects of energy development and nuclear
materials on the environment;
(C) train people in ecological and environmental
sciences; and
(D) educate the public.
(5) The National Environmental Research Parks are located
within six major ecological regions of the United States,
covering more than half of the Nation.
(6) The parks are especially valuable research sites
because within their borders they provide secure settings for
scientists to conduct long-term research on a broad range of
subjects including--
(A) plant succession;
(B) biomass production;
(C) population ecology;
(D) radioecology;
(E) ecological restoration; and
(F) thermal effects on freshwater ecosystems.
(7) The parks maintain several long-term data sets that are
available nowhere else in the United States or in the world on
amphibian populations, bird populations, and soil moisture and
plant water stress. These data sets are uniquely valuable for
the detection of long-term shifts in climate.
(8) The maintenance of these parks by the Department of
Energy is consistent with statutory obligations to promote
sound environmental stewardship of Federal lands and to
safeguard sites containing cultural and archeological
resources.
(9) Public education and outreach activities carried out on
these sites provide unique learning opportunities, promote a
stronger connection between these Federal facilities and the
surrounding communities, and enhance public confidence that the
Department of Energy is fulfilling its environmental
stewardship responsibilities.
SEC. 2. NATIONAL ENVIRONMENTAL RESEARCH PARKS.
(a) Designation.--The Secretary of Energy shall designate the six
National Environmental Research Parks located on Department of Energy
sites as protected outdoor research reserves for the purposes of
conducting long-term environmental research on the impacts of human
activities on the natural environment. The six National Environmental
Research Parks shall include--
(1) the Savannah River National Environmental Research
Park;
(2) the Idaho National Environmental Research Park;
(3) the Los Alamos National Environmental Research Park;
(4) the Fermi Lab National Environmental Research Park;
(5) the Oak Ridge National Environmental Research Park; and
(6) the Nevada National Environmental Research Park.
(b) Purposes.--Each site shall support--
(1) environmental research and monitoring activities to
characterize and monitor present and future site conditions,
and serve as control areas for comparison with environmental
impacts of Department of Energy land management, energy
technology development, remediation, and other site activities
outside the National Environmental Research Park areas. Areas
of research and monitoring on the sites may include--
(A) ecology of the site and the region;
(B) population biology and ecology;
(C) radioecology;
(D) effects of climate variability and change on
ecosystems;
(E) ecosystem science;
(F) pollution fate and transport research;
(G) surface and groundwater modeling; and
(H) environmental impacts of development and use of
energy generation technologies, including renewable
energy technologies; and
(2) public education and outreach activities consistent
with subsection (d).
(c) Cooperative Agreement.--To ensure the independence of the
research, monitoring, public education, and outreach activities
conducted on each site, the Secretary shall enter into a cooperative
agreement with a university, community college, or consortium of
institutions of higher education with expertise in ecology and
environmental science of the region in which the National Environmental
Research Park is located.
(d) Environmental Education and Outreach.--Each site shall support
an outreach program to inform the public of the diverse ecological
activities conducted at the park and to educate students at various
levels in environmental science. Program activities may include--
(1) on-site and in-classroom education programs for
elementary and secondary students;
(2) presentations to school, civic, and professional
groups;
(3) exhibits at local and regional events;
(4) development of educational projects and materials for
students at all levels;
(5) undergraduate and community college internships and
graduate research opportunities; and
(6) regularly scheduled public tours.
(e) Coordination.--The Secretary of Energy shall designate a
National Environmental Research Park Coordinator within the Department
of Energy Office of Science. The Coordinator shall--
(1) coordinate research activities among the National
Environmental Research Parks as appropriate;
(2) ensure that information on best practices for research,
education, and outreach activities is shared among the sites;
and
(3) serve as liaison to other Federal agencies to
facilitate collaborative work at the Parks.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy, acting through the Director of
the Office of Science, for carrying out this section $30,000,000,
including $5,000,000 for each National Environmental Research Park, for
each of the fiscal years 2010 through 2014.
SEC. 3. SAVINGS.
Nothing in this Act shall be construed to limit the activities that
the Federal Government may carry out or authorize on a site on which a
National Environmental Research Park is located.
SEC. 4. SUMMER INSTITUTES PROGRAM.
The National Environmental Research Parks may be utilized to
provide educational opportunities through the Summer Institutes program
authorized in section 3185 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381n).
Passed the House of Representatives July 21, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Requires the Department of Energy (DOE) to designate as protected outdoor research reserves for the purpose of conducting long-term environmental research on the impacts of human activities on the natural environment: (1) Savannah River National Environmental Research Park; (2) Idaho National Environmental Research Park; (3) Los Alamos National Environmental Research Park; (4) Fermi Lab National Environmental Research Park; (5) Oak Ridge National Environmental Research Park; and (6) Nevada National Environmental Research Park.
Requires each site to support environmental research and monitoring activities to characterize and monitor site conditions and serve as control areas for comparison with environmental impacts of DOE land management, energy technology development, remediation, and other site activities outside the Park areas. Authorizes areas of research and monitoring on the sites to include: (1) ecology of the site and the region; (2) population biology and ecology; (3) radioecology; (4) effects of climate variability and change on ecosystems; (5) ecosystem science; (6) pollution fate and transport research; (7) surface and groundwater modeling; (8) student training; and (9) environmental impacts of development and use of energy generation technologies, including renewable energy technologies.
Requires DOE to enter into a cooperative agreement with a university, community college, or consortium of institutions of higher education with expertise in ecology and environmental science of the region in which the Park is located to ensure the independence of the research, monitoring, public education, and outreach activities.
Requires each site to support an outreach program to inform the public of the diverse ecological activities conducted and to educate students at various levels in environmental science.
Requires DOE to designate a National Environmental Research Park Coordinator within the Department of Energy Office of Science to: (1) coordinate research activities among the Parks; (2) ensure that information on best practices for research, education, and outreach activities is shared among the sites; and (3) serve as liaison to other federal agencies to facilitate collaborative work at the Parks.
Authorizes appropriations for FY2010-FY2014.
Authorizes the Parks to be utilized to provide educational opportunities through the Summer Institutes program authorized in the Department of Energy Science Education Enhancement Act. | {"src": "billsum_train", "title": "To authorize the designation of National Environmental Research Parks by the Secretary of Energy, and for other purposes."} | 1,244 | 449 | 0.660264 | 2.075751 | 0.797469 | 5.928241 | 2.930556 | 0.956019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Eavesdropping Protection
Act of 2000''.
SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.
(a) Prohibition on Modification.--Section 302(b) of the
Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by inserting
before the period at the end thereof the following: ``, or modify any
such device, equipment, or system in any manner that causes such
device, equipment, or system to fail to comply with such regulations''.
(b) Prohibition on Commerce in Scanning Receivers.--Section 302(d)
of such Act (47 U.S.C. 302a(d)) is amended to read as follows:
``(d) Equipment Authorization Regulations.--
``(1) Privacy protections required.--The Commission shall
prescribe regulations, and review and revise such regulations
as necessary in response to subsequent changes in technology or
behavior, denying equipment authorization (under part 15 of
title 47, Code of Federal Regulations, or any other part of
that title) for any scanning receiver that is capable of--
``(A) receiving transmissions in the frequencies
that are allocated to the domestic cellular radio
telecommunications service or the personal
communications service;
``(B) readily being altered to receive
transmissions in such frequencies;
``(C) being equipped with decoders that--
``(i) convert digital domestic cellular
radio telecommunications service, personal
communications service, or protected
specialized mobile radio service transmissions
to analog voice audio; or
``(ii) convert protected paging service
transmissions to alphanumeric text; or
``(D) being equipped with devices that otherwise
decode encrypted radio transmissions for the purposes
of unauthorized interception.
``(2) Privacy protections for shared frequencies.--The
Commission shall, with respect to scanning receivers capable of
receiving transmissions in frequencies that are used by
commercial mobile services and that are shared by public safety
users, examine methods, and may prescribe such regulations as
may be necessary, to enhance the privacy of users of such
frequencies.
``(3) Tampering prevention.--In prescribing regulations
pursuant to paragraph (1), the Commission shall consider
defining `capable of readily being altered' to require scanning
receivers to be manufactured in a manner that effectively
precludes alteration of equipment features and functions as
necessary to prevent commerce in devices that may be used
unlawfully to intercept or divulge radio communication.
``(4) Warning labels.--In prescribing regulations under
paragraph (1), the Commission shall consider requiring labels
on scanning receivers warning of the prohibitions in Federal
law on intentionally intercepting or divulging radio
communications.
``(5) Definition.--As used in this subsection, the term
`protected' means secured by an electronic method that is not
published or disclosed except to authorized users, as further
defined by Commission regulation.''.
(c) Implementing Regulations.--Not later than 90 days after the
date of the enactment of this Act, the Federal Communications
Commission shall prescribe amendments to its regulations for the
purposes of implementing the amendments made by this section.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.
Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is
amended--
(1) in the heading of such section, by inserting
``interception or'' after ``unauthorized'';
(2) in the first sentence of subsection (a), by striking
``Except as authorized by chapter 119, title 18, United States
Code, no person'' and inserting ``No person'';
(3) in the second sentence of subsection (a)--
(A) by inserting ``intentionally'' before
``intercept''; and
(B) by striking ``communication and divulge'' and
inserting ``communication, and no person having
intercepted such a communication shall intentionally
divulge'';
(4) in the fourth sentence of subsection (a)--
(A) by inserting ``(A)'' after ``intercepted,
shall''; and
(B) by striking ``thereof) or'' and inserting
``thereof); or (B)'';
(5) by striking the last sentence of subsection (a) and
inserting the following: ``Nothing in this subsection prohibits
an interception or disclosure of a communication as authorized
by chapter 119 of title 18, United States Code.''; and
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``fined not more than
$2,000 or''; and
(ii) by inserting ``or fined under title
18, United States Code,'' after ``6 months,'';
(B) in paragraph (3), by striking ``any violation''
and inserting ``any receipt, interception, divulgence,
publication, or utilization of any communication in
violation'';
(C) in paragraph (4), by striking ``any other
activity prohibited by subsection (a)'' and inserting
``any receipt, interception, divulgence, publication,
or utilization of any communication in violation of
subsection (a)''; and
(D) by adding at the end the following new
paragraph:
``(7) Notwithstanding any other investigative or enforcement
activities of any other Federal agency, the Commission shall
investigate alleged violations of this section and may proceed to
initiate action under section 503 to impose forfeiture penalties with
respect to such violation upon conclusion of the Commission's
investigation.''. | Directs the FCC, with respect to scanning receivers capable of receiving transmissions in frequencies used by commercial mobile services and that are shared by public safety users, to examine methods and prescribe regulations to enhance the privacy of users of such frequencies. Requires tampering prevention measures and warning labels to be considered by the FCC in prescribing such regulations.
Applies penalties for the unauthorized publication or use of electronic communications to the unauthorized receipt, intentional interception, or intentional divulgence of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties. | {"src": "billsum_train", "title": "Wireless Eavesdropping Protection Act of 2000"} | 1,275 | 132 | 0.573518 | 1.489279 | 0.525562 | 3.305556 | 10.564815 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Education and Quality of
Health Care Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The current nursing workforce is the largest group of
healthcare providers in the United States.
(2) There will be a need for 1,200,000 new and replacement
nurses by 2014.
(3) Over 37,000 qualified applicants were turned away from
entry-level nursing programs leading to a baccalaureate degree
in 2005. This number increases to 147,000 when all schools of
nursing are taken into account.
(4) Insufficient numbers of faculty is the primary reason
given by schools of nursing for not accepting qualified
applicants.
(5) The average age of doctorally-prepared nurse faculty is
almost 56 years old.
(6) Nurses are the healthcare providers most likely to
intercept medication errors before the errors reach patients
and result in adverse events.
(7) Employing a greater proportion of more highly educated
nurses may reduce the rates of patient mortality.
SEC. 3. RURAL NURSES TRAINING GRANT PROGRAM.
Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p) is amended by adding at the end the following:
``SEC. 832. RURAL NURSES TRAINING GRANT PROGRAM.
``(a) In General.--The Secretary shall award grants to, or enter
into contracts with, eligible entities for the purpose of educating
nurses to serve in rural areas.
``(b) Use of Funds.--An eligible entity that receives a grant under
this section shall use grant funds to develop distance learning
education by--
``(1) providing technology infrastructure to enhance or
increase--
``(A) broadband connectivity; and
``(B) education rooms wired for the Internet;
``(2) providing technology infrastructure for a video
conferencing network;
``(3) recruiting, training, and supporting community-based
faculty for classroom and clinical training; or
``(4) recruiting and supporting community-based sites for
clinical training.
``(c) Analyses.--Not later than 1 year after the Secretary awards
grants under subsection (a), and annually thereafter, the Secretary,
working with the Administrator of the Health Resources and Services
Administration and appropriate nursing agencies, shall collect and
perform analyses on the number of nurses in the United States to track
rural nursing trends.
``(d) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall generate an annual report about the
status of the nursing workforce in the United States and shall
disseminate the report as the Secretary determines appropriate.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2007 through 2011.''.
SEC. 4. NURSE FACULTY DEVELOPMENT.
(a) Nurse Faculty Development Program.--Part D of title VIII of the
Public Health Service Act (42 U.S.C. 296p et seq.) is amended by
inserting after section 832 (as added by section 3) the following:
``SEC. 833. NURSE FACULTY DEVELOPMENT PROGRAM.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall award grants
to eligible entities for the establishment and operation of
demonstration projects that will expand the numbers of nurse faculty
within schools of nursing, including--
``(1) developing recruitment programs for nurses with
academic credentials for faculty status who are not teaching at
the time;
``(2) offering scholarships that facilitate the return of
registered nurses to a school of nursing on a part-time basis
for graduate education that leads to a career in nursing
education;
``(3) providing additional education to enable nurses with
graduate degrees to serve as faculty by obtaining teaching
certificates;
``(4) developing accelerated doctoral programs that will
facilitate entry in a nursing faculty position;
``(5) developing online continuing education courses and
practice teaching opportunities for nurse faculty; and
``(6) developing research internships and fellowships for
nursing students at academic medical centers to foster interest
in academic research.
``(b) Report.--Not later than 2 years after the date of enactment
of the Nursing Education and Quality of Health Care Act of 2006, the
Comptroller General of the United States shall prepare and submit a
report to Congress that--
``(1) addresses the causes of the nurse faculty shortage;
and
``(2) makes recommendations to increase the numbers and the
retention of nurse faculty members.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2007 through 2011.''.
(b) Doctoral Programs.--Section 811(f)(2) of the Public Health
Service Act (42 U.S.C. 296j(f)(2)) is amended by striking the period at
the end and inserting ``, except that in the case of a nurse faculty
shortage, the Secretary may, in the Secretary's discretion, obligate
more than 10 percent of such traineeships for individuals in doctoral
degree programs.''.
SEC. 5. DEVELOPING THE RURAL NURSING WORKFORCE.
Part C of title VIII of the Public Health Service Act (42 U.S.C.
296m) is amended by adding at the end the following:
``SEC. 822. DEVELOPING THE RURAL NURSING WORKFORCE.
``(a) In General.--The Secretary shall award grants to, and enter
into contracts with, eligible entities to increase the nursing
opportunities for individuals who reside in rural communities. The
activities funded under this section shall include--
``(1) increasing and expanding pipeline programs,
including--
``(A) mathematics and science programs;
``(B) Nurse Medical Academy of Science and Health
(MASH) Camp and other health career pipeline programs
for middle school and secondary school students tied to
higher education curricula;
``(C) nurse mentor programs that provide experience
for secondary school students in clinical settings to
learn about the nursing profession;
``(D) training for middle school and secondary
school guidance counselors; and
``(E) programs that attract nontraditional nursing
students, including minorities and men;
``(2) supporting a web-based healthcare workforce
development system that will be a database-driven website to
connect employers, educators, rural communities, and students
with the nursing pipeline and recruitment programs described in
this section; and
``(3) increasing the program capacity of accelerated
registered nurse programs that recruit individuals with
baccalaureate degrees in other fields into baccalaureate or
graduate degree nursing programs that serve rural communities,
by--
``(A) increasing the number of faculty;
``(B) increasing clinical training sites; and
``(C) providing financial incentives, including
loan forgiveness and tuition assistance for nurses who
practice in rural areas.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2007 through 2011.''.
SEC. 6. NURSING AND THE QUALITY OF HEALTHCARE.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended by adding at the end the following:
``PART J--NURSING AND IMPROVING HEALTHCARE
``SEC. 861. LINKING NURSING EDUCATION AND QUALITY OUTCOMES PROGRAM.
``(a) In General.--The Secretary, in collaboration with the
Administrator of the Health Resources and Services Administration and
the Director of the Agency for Healthcare Research and Quality, shall
award grants to entities that meet the requirements of subsection (b)
to enable the entities to carry out demonstration projects that advance
the education, delivery, or measurement of quality and patient safety
in nursing practice.
``(b) Eligibility.--To be eligible to receive a demonstration
project grant under this section, an entity shall--
``(1) be a school of nursing, a nursing center, an academic
health center, a State or local government, or any other public
or private nonprofit entity determined appropriate by the
Secretary;
``(2) submit to the Secretary an application in accordance
with section 802;
``(3) form a partnership with 1 or more eligible entities;
and
``(4) submit a plan to the Secretary that assures grant
funds received under this section will be used to support the
implementation and evaluation of healthcare quality improvement
activities that include--
``(A) with respect to healthcare systems,
activities relating to improving patient safety,
timeliness of care, effectiveness of care, equity and
efficiency of care, and patient-centeredness; or
``(B) with respect to patients, activities,
including activities relating to staying healthy,
getting well, living with illness or disability, and
coping with end of life issues.
``(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to entities that will carry out 1 or more
of the following:
``(1) Implementation.--Implementing initiatives in
professional nursing education to enhance patient safety
efforts through evidence-based practice and quality improvement
strategies by--
``(A) developing partnerships between accredited
schools of nursing and health care facilities, as
defined in section 801, to educate registered nurses in
clinical leadership, interdisciplinary team management,
systems administration, outcomes and risk management,
and education, for implementation in multiple
healthcare settings; and
``(B) providing scholarships for registered
professional nurses to pursue advanced nursing
education in accordance with subsection (a).
``(2) Education.--Integrating quality and safety
competencies into nursing education programs by--
``(A) disseminating patient safety education
content to a nurse faculty administrator to integrate
quality competencies into each school of nursing that
are consistent with technical standards that are
developed or adopted by voluntary consensus standards
bodies under section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272
note); and
``(B) developing ongoing web-based modules for
continued nurse faculty education to bring research
evidence into practice not later than 2 years after
receiving a grant under this section; and
``(3) provide continuing education for practicing nurses,
including--
``(A) developing web-based modules related to
patient safety, including topics of evidenced-based
practice, professional communication, patient or
family-centered care, systems thinking, informatics,
collaborative practice, medication, and practice error;
and
``(B) developing systems for the dissemination of
continuing education through facility-based staff
development and orientation.
``(d) Evaluation.--The Secretary shall award grants to entities
described in subsection (b) to collect data and study the potential
benefits of basic and advanced nursing education levels or
certification status in the efforts to promote quality improvement
strategies and enhance patient outcomes and cost saving measures, by--
``(1) compiling and analyzing quality indicator data from
existing databases and other sources to evaluate relationships
between basic and advanced nursing education levels or
certification status on nursing sensitive indicators and
quality outcomes;
``(2) working in consultation with State departments of
health or other nonprofit patient safety organizations; or
``(3) demonstrating the cost savings and sustainability of
the demonstration projects.
``(e) Report.--Not later than 2 years after the date of enactment
of the Nursing Education and Quality of Health Care Act of 2006, the
Secretary shall submit a report to Congress on the results of the
program under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2007 through 2011.''. | Nursing Education and Quality of Health Care Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to, or enter into contracts with, schools of nursing, health care facilities, or partnerships of such schools and facilities to educate nurses to serve in rural areas, including by developing distance learning education.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants to such schools, facilities, or partnerships for the establishment of demonstration projects that will expand the number of nurse faculty within schools of nursing, including by developing recruitment programs and offering scholarships.
Allows the Secretary, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for advanced nursing education programs to individuals in doctoral degree programs.
Requires the Secretary to: (1) award grants to, and enter into contracts with, eligible entities to increase the nursing opportunities for individuals who reside in rural communities, including by increasing and expanding pipeline programs and supporting a web-based health care workforce development system; (2) award grants to entities for demonstration projects that advance the education, delivery, or measurement of quality and patient safety in nursing practice; and (3) award grants to collect data and study the potential benefits of basic and advanced nursing education levels or certification status in the efforts to promote quality improvement strategies and enhance patient outcomes and cost saving measures. | {"src": "billsum_train", "title": "A bill to increase the number of well-educated nurses, and for other purposes."} | 2,592 | 290 | 0.599338 | 1.72258 | 0.824709 | 4.816254 | 8.710247 | 0.971731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motherhood Protection Act''.
SEC. 2. PROTECTION OF PREGNANT WOMEN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN
``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN
``Sec.
``1841. Causing termination of pregnancy or interruption of the normal
course of pregnancy.
``Sec. 1841. Causing termination of pregnancy or interruption of the
normal course of pregnancy
``(a)(1) Any person who engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the
termination of a pregnancy or the interruption of the normal course of
pregnancy, including termination of the pregnancy other than by live
birth is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided for that conduct under Federal law had that injury or death
occurred to the pregnant woman.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the termination or
interruption of the normal course of pregnancy.
``(C) If the person engaging in the conduct thereby intentionally
causes or attempts to cause the termination of or the interruption of
the pregnancy, that person shall be punished as provided under section
1111, 1112, or 1113, as applicable, for intentionally terminating or
interrupting the pregnancy or attempting to do so, instead of the
penalties that would otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1),
844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119,
1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505,
1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B),
1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman, or matters related to the pregnancy; or
``(3) of any woman with respect to her pregnancy.''.
(b) Clerical Amendment.--The table of chapters for part 1 of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following:
``90A. Protection of pregnant women......................... 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Pregnant Women.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following:
``Sec. Sec. 919a. Art. 119a. Causing termination of pregnancy or
interruption of normal course of pregnancy
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the termination of a pregnancy or the interruption of
the normal course of pregnancy, including termination of the pregnancy
other than by live birth, is guilty of a separate offense under this
section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment for
that conduct under this chapter had that injury or death occurred to
the pregnant woman.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the termination or
interruption of the normal course of pregnancy.
``(C) If the person engaging in the conduct thereby intentionally
causes or attempts to cause the termination of or the interruption of
the pregnancy, that person shall be punished as provided under section
918, 919, or 880 of this title (article 118, 119, or 80), as
applicable, for intentionally causing the termination of or
interruption of the pregnancy or attempting to do so, instead of the
penalties that would otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or matters relating to her pregnancy; or
``(3) of any woman with respect to her pregnancy.''.
(b) Clerical amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), is amended by inserting after the item
relating to section 919 the following:
``919a. Causing termination of pregnancy and termination of normal
course of pregnancy.''. | Motherhood Protection Act - Amends the Federal criminal code and the Uniform Code of Military Justice UCMJ to provide that anyone who engages in conduct that violates any of specified prohibitions under the Federal criminal code, the Controlled Substances Act of 1970, the Atomic Energy Act of 1954, or the UCMJ and thereby causes the termination of a pregnancy or the interruption of the normal course of pregnancy is guilty of a separate offense. Makes the punishment for that offense the same as that provided for such conduct had that injury or death occurred to the pregnant woman.
Provides that an offense under this Act does not require proof that: (1) the person engaging in the conduct had, or should have had, knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the termination or interruption of the pregnancy.
Prohibits prosecution: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or is implied by law in a medical emergency; (2) for conduct relating to the pregnant woman's medical treatment or matters related to the pregnancy; or (3) of any woman regarding her pregnancy. | {"src": "billsum_train", "title": "A bill entitled \"Motherhood Protection Act\"."} | 1,578 | 244 | 0.574112 | 1.770784 | 0.792106 | 5.380531 | 6.261062 | 0.929204 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Lali's Law''.
SEC. 2. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION GRANT
PROGRAMS.
(a) Technical Clarification.--Effective as if included in the
enactment of the Children's Health Act of 2000 (Public Law 106-310),
section 3405(a) of such Act (114 Stat. 1221) is amended by striking
``Part E of title III'' and inserting ``Part E of title III of the
Public Health Service Act''.
(b) Amendment.--Title III of the Public Health Service Act is
amended by inserting after part D of such title (42 U.S.C. 254b et
seq.) the following new part E:
``PART E--OPIOID USE DISORDER
``SEC. 341. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION
GRANT PROGRAMS.
``(a) Grants to States.--The Secretary may make grants to States
for--
``(1) developing standing orders for pharmacies regarding
opioid overdose reversal medication;
``(2) encouraging pharmacies to dispense opioid overdose
reversal medication pursuant to a standing order;
``(3) implementing best practices for persons authorized to
prescribe medication regarding--
``(A) prescribing opioids for the treatment of
chronic pain;
``(B) co-prescribing opioid overdose reversal
medication with opioids; and
``(C) discussing the purpose and administration of
opioid overdose reversal medication with patients;
``(4) developing or adapting training materials and methods
for persons authorized to prescribe or dispense medication to
use in educating the public regarding--
``(A) when and how to administer opioid overdose
reversal medication; and
``(B) steps to be taken after administering opioid
overdose reversal medication; and
``(5) educating the public regarding--
``(A) the public health benefits of opioid overdose
reversal medication; and
``(B) the availability of opioid overdose reversal
medication without a person-specific prescription.
``(b) Certain Requirement.--A grant may be made under this section
only if the State involved has authorized standing orders regarding
opioid overdose reversal medication.
``(c) Preference in Making Grants.--In making grants under this
section, the Secretary shall give preference to States that--
``(1) have not issued standing orders regarding opioid
overdose reversal medication;
``(2) authorize standing orders that permit community-based
organizations, substance abuse programs, or other nonprofit
entities to acquire, dispense, or administer opioid overdose
reversal medication;
``(3) authorize standing orders that permit police, fire,
or emergency medical services agencies to acquire and
administer opioid overdose reversal medication;
``(4) have a higher per capita rate of opioid overdoses
than other applicant States; or
``(5) meet any other criteria deemed appropriate by the
Secretary.
``(d) Grant Terms.--
``(1) Number.--A State may not receive more than one grant
under this section.
``(2) Period.--A grant under this section shall be for a
period of 3 years.
``(3) Amount.--A grant under this section may not exceed
$500,000.
``(4) Limitation.--A State may use not more than 20 percent
of a grant under this section for educating the public pursuant
to subsection (a)(5).
``(e) Applications.--To be eligible to receive a grant under this
section, a State shall submit an application to the Secretary in such
form and manner and containing such information as the Secretary may
require, including detailed proposed expenditures of grant funds.
``(f) Reporting.--Not later than 3 months after the Secretary
disburses the first grant payment to any State under this section and
every 6 months thereafter for 3 years, such State shall submit a report
to the Secretary that includes the following:
``(1) The name and ZIP Code of each pharmacy in the State
that dispenses opioid overdose reversal medication under a
standing order.
``(2) The total number of opioid overdose reversal
medication doses dispensed by each such pharmacy, specifying
how many were dispensed with or without a person-specific
prescription.
``(3) The number of pharmacists in the State who have
participated in training pursuant to subsection (a)(4).
``(g) Definitions.--In this section:
``(1) Opioid overdose reversal medication.--The term
`opioid overdose reversal medication' means any drug, including
naloxone, that--
``(A) blocks opioids from attaching to, but does
not itself activate, opioid receptors; or
``(B) inhibits the effects of opioids on opioid
receptors.
``(2) Standing order.--The term `standing order' means a
document prepared by a person authorized to prescribe
medication that permits another person to acquire, dispense, or
administer medication without a person-specific prescription.
``(h) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated $5,000,000 for the period of
fiscal years 2017 through 2019.
``(2) Administrative costs.--Not more than 3 percent of the
amounts made available to carry out this section may be used by
the Secretary for administrative expenses of carrying out this
section.''.
SEC. 3. CUT-GO COMPLIANCE.
Subsection (f) of section 319D of the Public Health Service Act (42
U.S.C. 247d-4) is amended by inserting before the period at the end the
following: ``(except such dollar amount shall be reduced by $5,000,000
for fiscal year 2017)''.
Passed the House of Representatives May 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on May 10, 2016. Lali's Law (Sec. 2) This bill amends the Public Health Service Act to permit the Department of Health and Human Services to make grants to states that allow standing orders (documents that allow a person to acquire, dispense, or administer a prescription medication without a person-specific prescription) for opioid overdose reversal medication (e.g., naloxone). (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Grants may be used for: developing standing orders for opioid overdose reversal medication for pharmacies; encouraging pharmacies to dispense medication pursuant to such a standing order; implementing best practices for prescribing opioids, prescribing opioid overdose reversal medication with opioids, and discussing opioid overdose reversal medication with patients; developing training for prescribers to use in educating the public on administration of opioid overdose reversal medication; and educating the public on the availability and public health benefits of opioid overdose reversal medication. States must report on pharmacies that dispense opioid overdose reversal medication under a standing order and the number of pharmacists trained in educating the public on administration of opioid overdose reversal medication. (Sec. 3) As an offset, this bill reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities. | {"src": "billsum_train", "title": "Lali's Law"} | 1,380 | 335 | 0.728119 | 2.08277 | 0.779158 | 2.622568 | 4.638132 | 0.856031 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Department of Homeland Security
Financial Accountability Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Influential financial management leadership is of vital
importance to the mission success of the Department of Homeland
Security. For this reason, the Chief Financial Officer of the
Department must be a key figure in the Department's management.
(2) To provide a sound financial leadership structure, the
provisions of law enacted by the Chief Financial Officers Act of
1990 (Public Law 101-576) provide that the Chief Financial Officer
of each of the Federal executive departments is to be a
Presidential appointee who reports directly to the Secretary of
that department on financial management matters. Because the
Department of Homeland Security was only recently created, the
provisions enacted by that Act must be amended to include the
Department within these provisions.
(3) The Department of Homeland Security was created by
consolidation of 22 separate Federal agencies, each with its own
accounting and financial management system. None of these systems
was developed with a view to executing the mission of the
Department of Homeland Security to prevent terrorist attacks within
the United States, reduce the Nation's vulnerability to terrorism,
and minimize the damage and assist in the recovery from terrorist
attacks. For these reasons, a strong Chief Financial Officer is
needed within the Department both to consolidate financial
management operations, and to insure that management control
systems are comprehensively designed to achieve the mission and
execute the strategy of the Department.
(4) The provisions of law enacted by the Chief Financial
Officers Act of 1990 require agency Chief Financial Officers to
improve the financial information available to agency managers and
the Congress. Those provisions also specify that agency financial
management systems must provide for the systematic measurement of
performance. In the case of the Department of Homeland Security,
therefore, it is vitally important that management control systems
be designed with a clear view of a homeland security strategy,
including the priorities of the Department in addressing those
risks of terrorism deemed most significant based upon a
comprehensive assessment of potential threats, vulnerabilities,
criticality, and consequences. For this reason, Federal law should
be amended to clearly state the responsibilities of the Chief
Financial Officer of the Department of Homeland Security to provide
management control information, for the benefit of managers within
the Department and to help inform the Congress, that permits an
assessment of the Department's performance in executing a homeland
security strategy.
SEC. 3. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 901(b)(1) of title 31, United States Code,
is amended--
(1) by redesignating subparagraphs (G) through (P) as
subparagraphs (H) through (Q), respectively; and
(2) by inserting after subparagraph (F) the following:
``(G) The Department of Homeland Security.''.
(b) Appointment or Designation of CFO.--The President shall appoint
or designate a Chief Financial Officer of the Department of Homeland
Security under the amendment made by subsection (a) by not later than
180 days after the date of the enactment of this Act.
(c) Continued Service of Current Official.--An individual serving
as Chief Financial Officer of the Department of Homeland Security
immediately before the enactment of this Act, or another person who is
appointed to replace such an individual in an acting capacity after the
enactment of this Act, may continue to serve in that position until the
date of the confirmation or designation, as applicable (under section
901(a)(1)(B) of title 31, United States Code), of a successor under the
amendment made by subsection (a).
(d) Conforming Amendments.--
(1) Homeland security act of 2002.--The Homeland Security Act
of 2002 (Public Law 107-296) is amended--
(A) in section 103 (6 U.S.C. 113)--
(i) in subsection (d) by striking paragraph (4), and
redesignating paragraph (5) as paragraph (4);
(ii) by redesignating subsection (e) as subsection (f);
and
(iii) by inserting after subsection (d) the following:
``(e) Chief Financial Officer.--There shall be in the Department a
Chief Financial Officer, as provided in chapter 9 of title 31, United
States Code.''; and
(B) in section 702 (6 U.S.C. 342) by striking ``shall
report'' and all that follows through the period and inserting
``shall perform functions as specified in chapter 9 of title
31, United States Code, and, with respect to all such functions
and other responsibilities that may be assigned to the Chief
Financial Officer from time to time, shall also report to the
Under Secretary for Management.''.
(2) FEMA.--Section 901(b)(2) of title 31, United States Code,
is amended by striking subparagraph (B), and by redesignating
subparagraphs (C) through (H) in order as subparagraphs (B) through
(G).
SEC. 4. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Performance and Accountability Reports.--Section 3516 of title
31, United States Code, is amended by adding at the end the following:
``(f) The Secretary of Homeland Security--
``(1) shall for each fiscal year submit a performance and
accountability report under subsection (a) that incorporates the
program performance report under section 1116 of this title for the
Department of Homeland Security;
``(2) shall include in each performance and accountability
report an audit opinion of the Department's internal controls over
its financial reporting; and
``(3) shall design and implement Department-wide management
controls that--
``(A) reflect the most recent homeland security strategy
developed pursuant to section 874(b)(2) of the Homeland
Security Act of 2002; and
``(B) permit assessment, by the Congress and by managers
within the Department, of the Department's performance in
executing such strategy.''.
(b) Implementation of Audit Opinion Requirement.--The Secretary of
Homeland Security shall include audit opinions in performance and
accountability reports under section 3516(f) of title 31, United States
Code, as amended by subsection (a), only for fiscal years after fiscal
year 2005.
(c) Assertion of Internal Controls.--The Secretary of Homeland
Security shall include in the performance and accountability report for
fiscal year 2005 submitted by the Secretary under section 3516(f) of
title 31, United States Code, an assertion of the internal controls
that apply to financial reporting by the Department of Homeland
Security.
(d) Audit Opinions of Internal Controls Over Financial Reporting by
Chief Financial Officer Agencies.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Chief Financial Officers Council and the
President's Council on Integrity and Efficiency established by
Executive Order 12805 of May 11, 1992, shall jointly conduct a
study of the potential costs and benefits of requiring the agencies
listed in section 901(b) of title 31, United States Code, to obtain
audit opinions of their internal controls over their financial
reporting.
(2) Report.--Upon completion of the study under paragraph (1),
the Chief Financial Officers Council and the President's Council on
Integrity and Efficiency shall promptly submit a report on the
results of the study to the Committee on Government Reform of the
House of Representatives, the Committee on Governmental Affairs of
the Senate, and the Comptroller General of the United States.
(3) General accounting office analysis.--Not later than 90 days
after receiving the report under paragraph (2), the Comptroller
General shall perform an analysis of the information provided in
the report and report the findings of the analysis to the
committees referred to in paragraph (2).
SEC. 5. FUTURE YEARS HOMELAND SECURITY PROGRAM AND HOMELAND SECURITY
STRATEGY.
Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 112) is
amended by striking subsection (b) and inserting the following:
``(b) Contents.--The Future Years Homeland Security Program under
subsection (a) shall--
``(1) include the same type of information, organizational
structure, and level of detail as the future years defense program
submitted to Congress by the Secretary of Defense under section 221
of title 10, United States Code;
``(2) set forth the homeland security strategy of the
Department, which shall be developed and updated as appropriate
annually by the Secretary, that was used to develop program
planning guidance for the Future Years Homeland Security Program;
and
``(3) include an explanation of how the resource allocations
included in the Future Years Homeland Security Program correlate to
the homeland security strategy set forth under paragraph (2).''.
SEC. 6. ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND EVALUATION.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
amended by--
(1) inserting ``(a) In General.--'' before the first sentence;
and
(2) adding at the end the following:
``(b) Program Analysis and Evaluation Function.--
``(1) Establishment of office of program analysis and
evaluation.--Not later than 90 days after the date of enactment of
this subsection, the Secretary shall establish an Office of Program
Analysis and Evaluation within the Department (in this section
referred to as the `Office').
``(2) Responsibilities.--The Office shall perform the following
functions:
``(A) Analyze and evaluate plans, programs, and budgets of
the Department in relation to United States homeland security
objectives, projected threats, vulnerability assessments,
estimated costs, resource constraints, and the most recent
homeland security strategy developed pursuant to section
874(b)(2).
``(B) Develop and perform analyses and evaluations of
alternative plans, programs, personnel levels, and budget
submissions for the Department in relation to United States
homeland security objectives, projected threats, vulnerability
assessments, estimated costs, resource constraints, and the
most recent homeland security strategy developed pursuant to
section 874(b)(2).
``(C) Establish policies for, and oversee the integration
of, the planning, programming, and budgeting system of the
Department.
``(D) Review and ensure that the Department meets
performance-based budget requirements established by the Office
of Management and Budget.
``(E) Provide guidance for, and oversee the development of,
the Future Years Homeland Security Program of the Department,
as specified under section 874.
``(F) Ensure that the costs of Department programs,
including classified programs, are presented accurately and
completely.
``(G) Oversee the preparation of the annual performance
plan for the Department and the program and performance section
of the annual report on program performance for the Department,
consistent with sections 1115 and 1116, respectively, of title
31, United States Code.
``(H) Provide leadership in developing and promoting
improved analytical tools and methods for analyzing homeland
security planning and the allocation of resources.
``(I) Any other responsibilities delegated by the Secretary
consistent with an effective program analysis and evaluation
function.
``(3) Director of program analysis and evaluation.--There shall
be a Director of Program Analysis and Evaluation, who--
``(A) shall be a principal staff assistant to the Chief
Financial Officer of the Department for program analysis and
evaluation; and
``(B) shall report to an official no lower than the Chief
Financial Officer.
``(4) Reorganization.--
``(A) In general.--The Secretary may allocate or reallocate
the functions of the Office, or discontinue the Office, in
accordance with section 872(a).
``(B) Exemption from limitations.--Section 872(b) shall not
apply to any action by the Secretary under this paragraph.''.
SEC. 7. NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING OF FUNDS FOR
DEPARTMENT OF HOMELAND SECURITY.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
further amended by adding at the end the following:
``(c) Notification Regarding Transfer or Reprogramming of Funds.--
In any case in which appropriations available to the Department or any
officer of the Department are transferred or reprogrammed and notice of
such transfer or reprogramming is submitted to the Congress (including
any officer, office, or Committee of the Congress), the Chief Financial
Officer of the Department shall simultaneously submit such notice to
the Select Committee on Homeland Security (or any successor to the
jurisdiction of that committee) and the Committee on Government Reform
of the House of Representatives, and to the Committee on Governmental
Affairs of the Senate.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Department of Homeland Security Financial Accountability Act - (Sec. 3) Amends the Chief Financial Officer Act of 1990 and the Homeland Security Act of 2002 to direct the President to appoint a Chief Financial Officer (CFO) for the Department of Homeland Security (DHS), who is to report directly to the Secretary of DHS and to the Under Secretary for Management.
Removes the Federal Emergency Management Agency (FEMA) from the list of agencies required to have a CFO.
(Sec. 4) Amends the Reports Consolidation Act of 2000 to instruct the Secretary of DHS to: (1) submit a specified performance and accountability report, including an audit opinion of DHS internal controls over its financial reporting; and (3) design and implement DHS-wide management controls that reflect the national homeland security strategy of the Homeland Security Act of 2002, and that permit assessment by Congress and DHS managers of DHS performance in executing such strategy.
Requires performance and accountability reports for fiscal years after 2005 to include an assertion of the internal controls that apply to financial reporting by the DHS.
(Sec. 5) Amends the Homeland Security Act of 2002 to require the Future Years Homeland Security Program to: (1) include the same type of information, organizational structure, and level of detail as a certain future years defense program; (2) set forth the homeland security strategy that was used to develop program planning guidance for the Program; and (3) include an explanation of how the resource allocations included in the Program correlate to homeland security strategy.
(Sec. 6) Instructs the Secretary to establish an Office of Program Analysis and Evaluation. Creates the position of Director of Program Analysis and Evaluation.
(Sec. 7) Requires the CFO of DHS to notify simultaneously specified congressional committees whenever appropriations earmarked for DHS are either transferred or reprogrammed. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to improve the financial accountability requirements applicable to the Department of Homeland Security, to establish requirements for the Future Years Homeland Security Program of the Department, and for other purposes."} | 2,818 | 403 | 0.559371 | 1.848799 | 0.701681 | 3.561798 | 7.438202 | 0.898876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prosecutor Ethics Act''.
SEC. 2. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) Amendments to Title 28, United States Code.--
(1) General.--Section 530B of title 28, United States Code,
is amended to read as follows:
``Sec. 530B. Ethical standards for Federal prosecutors
``(a) General.--Except as provided in subsection (b), a Federal
prosecutor shall be subject to all laws and rules governing ethical
conduct of attorneys of the State in which the Federal prosecutor is
licensed as an attorney.
``(b) Exception.--A Federal prosecutor shall not be subject to a
State law or rule governing ethical conduct of attorneys, to the extent
that the State law or rule is inconsistent with Federal law or
interferes with the effectuation of Federal law or policy, including
the investigation of violations of Federal law.
``(c) Federal Prosecutor Defined.--In this section, the term
`Federal prosecutor' means an attorney employed by the Department of
Justice who is directly engaged in the prosecution of violations of
Federal civil or criminal law.''.
(2) Technical and conforming amendment.--The analysis for
chapter 31 of title 28, United States Code, is amended by
striking the item for section 530B and inserting the following:
``530B. Ethical standards for Federal prosecutors.''.
(3) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall promulgate
such regulations as may be necessary to carry out section 530B
of title 28, United States Code, as added by paragraph (1) of
this subsection.
(b) Prohibited Conduct for Department of Justice Employees.--
(1) In general.--The Attorney General shall establish by
rule that it shall be punishable conduct for any officer or
employee of the Department of Justice, in the discharge of his
or her official duties, intentionally to--
(A) seek the indictment of any person in the
absence of a reasonable belief of probable cause, as
prohibited by the Principles of Federal Prosecution,
United States Attorneys' Manual 9-27.200 et seq.;
(B) fail to disclose exculpatory evidence to the
defense, in violation of his or her obligations under
Brady v. Maryland (373 U.S. 83 (1963));
(C) mislead a court as to the guilt of any person
by knowingly making a false statement of material fact
or law;
(D) offer evidence known to be false;
(E) alter evidence in violation of section 1512 of
title 18, United States Code;
(F) attempt to corruptly influence or color a
witness's testimony with the intent to encourage
untruthful testimony, in violation of section 1503 or
1512 of title 18, United States Code;
(G) violate a defendant's right to discovery under
Rule 16(a) of the Federal Rules of Criminal Procedure;
(H) offer or provide sexual activities to any
government witness or potential witness in exchange for
or on account of his or her testimony; or
(I) improperly disseminate confidential, non-public
information to any person during an investigation or
trial, in violation of--
(i) section 50.2 of title 28, Code of
Federal Regulations;
(ii) Rule 6(e) of the Federal Rules of
Criminal Procedure;
(iii) subsection (b) or (c) of section 2232
of title 18, United States Code;
(iv) section 6103 of the Internal Revenue
Code of 1986; or
(v) United States Attorneys' Manual 1-7.000
et seq.
(2) Penalties.--The Attorney General shall establish a
range of penalties for engaging in conduct prohibited under
paragraph (1), which shall include--
(A) reprimand;
(B) demotion;
(C) dismissal;
(D) suspension from employment;
(E) referral of ethical charges to the bar; and
(F) referral of evidence related to the conduct, if
appropriate, to a grand jury for possible criminal
prosecution.
(3) Substantive rights.--Nothing in paragraph (1) may be
construed to--
(A) establish any substantive right on behalf of a
criminal defendant, civil litigant, target or subject
of an investigation, witness, counsel for a represented
party or parties, or any other person; or
(B) provide a basis for--
(i) dismissing any criminal or civil charge
or proceeding against any person in any court
of the United States; or
(ii) excluding relevant evidence in any
proceeding in any court of the United States.
(c) Annual Report.--
(1) In general.--Beginning on June 1, 1999, and on June 1
of each year thereafter, the Attorney General shall submit to
the Committees on the Judiciary and on Appropriations of the
House of Representatives and the Senate a report on the
activities and operations of the Office of Professional
Responsibility of the Department of Justice during the fiscal
year that ended on September 30 of the preceding year.
(2) Elements of report.--Each report submitted under
paragraph (1) shall--
(A) include the number, type, and disposition of
all investigations conducted or supervised by the
Office of Professional Responsibility;
(B) include a summary of the findings of each
investigation in which the Department of Justice found
that an officer or employee of the Department of
Justice--
(i) engaged in willful misconduct; or
(ii) committed a willful violation of
subsection (b)(1); and
(C) be confidential and not disclose information
that would interfere with any pending investigation or
improperly infringe upon the privacy rights of any
individual.
(d) Commission on Federal Prosecutorial Conduct.--
(1) Establishment and functions of commission.--
(A) Establishment.--There is established a
Commission on Federal Prosecutorial Conduct (referred
to in this subsection as the ``Commission'').
(B) Functions.--The functions of the Commission
shall be to--
(i) conduct a review regarding--
(I) whether there are specific
Federal duties related to investigation
and prosecution of violations of
Federal law which are incompatible with
the regulation of the conduct of
Federal prosecutors (as that term is
defined in section 530B of title 28,
United States Code) by any State law or
rule governing ethical conduct of
attorneys; and
(II) the procedures utilized by the
Department of Justice to investigate
and punish inappropriate conduct by
Federal prosecutors; and
(ii) not later than 12 months after the
date on which the members of the Commission are
appointed under paragraph (2)(B), submit to the
Attorney General a report concerning the review
under clause (i), including any recommendations
of the Commission relating to the matters
reviewed under clause (i).
(C) Consultation.--In carrying out subparagraph
(B), the Commission shall consult with the Attorney
General, the Chairmen and Ranking Members of the
Committees on the Judiciary of the House of
Representatives and the Senate, the American Bar
Association and other organizations of attorneys,
representatives of Federal, State, and local law
enforcement agencies, and Federal and State courts.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 7 members, each of whom shall be--
(i) appointed by the Chief Justice of the
United States, after consultation with the
Chairmen and Ranking Members of the Committees
on the Judiciary of the House of
Representatives and the Senate, and
representatives of judges, prosecutors, defense
attorneys, law enforcement officials, victims
of crime, and others interested in the criminal
justice process; and
(ii) a judge of the United States (as
defined in section 451 of title 28, United
States Code).
(B) Appointment.--The members of the Commission
shall be appointed not later than 30 days after the
date of enactment of this Act.
(C) Vacancy.--Any vacancy in the Commission shall
be filled in the same manner as the original
appointment.
(D) Chairperson.--The Commission shall elect a
chairperson and vice chairperson from among its
members.
(E) Quorum.--Four members of the Commission shall
constitute a quorum, but 2 members may conduct
hearings.
(3) Compensation.--Members of the Commission who are
officers, or full-time employees, of the United States shall
receive no additional compensation for their services, but
shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties vested
in the Commission, but not in excess of the maximum amounts
authorized under section 456 of title 28, United States Code.
(4) Personnel.--
(A) Executive director.--The Commission may appoint
an Executive Director, who shall receive compensation
at a rate not exceeding the rate prescribed for level V
of the Executive Schedule under section 5316 of title
5, United States Code.
(B) Staff.--The Executive Director, with the
approval of the Commission, may appoint and fix the
compensation of such additional personnel as the
Executive Director determines to be necessary, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive service
or the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates. Compensation under this
subparagraph shall not exceed the annual maximum rate
of basic pay for a position above GS-15 of the General
Schedule under section 5108 of title 5, United States
Code.
(C) Experts and consultants.--The Executive
Director may procure personal services of experts and
consultants as authorized by section 3109 of title 5,
United States Code, at rates not to exceed the highest
level payable under the General Schedule pay rates
under section 5332 of title 5, United States Code.
(D) Services.--The Administrative Office of the
United States Courts shall provide administrative
services, including financial and budgeting services,
to the Commission on a reimbursable basis. The Federal
Judicial Center shall provide necessary research
services to the Commission on a reimbursable basis.
(5) Information.--The Commission may request from any
department, agency, or independent instrumentality of the
Federal Government any information and assistance the
Commission determines to be necessary to carry out its
functions under this subsection. Each such department, agency,
and independent instrumentality is authorized to provide such
information and assistance to the extent permitted by law when
requested by the chairperson of the Commission.
(6) Report of the attorney general.--Not later than 60 days
after the date of enactment of this Act, the Attorney General
shall submit to the Commission a report, which shall, with
respect to the 3-year period preceding the date on which the
report is submitted under this paragraph--
(A) include the number, type, and disposition of
all investigations conducted or supervised by the
Office of Professional Responsibility of the Department
of Justice;
(B) include a summary of the findings of each
investigation in which the Department of Justice found
that an officer or employee of the Department of
Justice engaged in willful misconduct; and
(C) be confidential and not disclose information
that would interfere with any pending investigation or
improperly infringe upon the privacy rights of any
individual.
(7) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits the report under
paragraph (1)(B)(ii).
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Commission such sums, not to exceed
$900,000, as may be necessary to carry out this subsection.
Amounts made available under this paragraph shall remain
available until expended. | Federal Prosecutor Ethics Act - Amends the Federal judicial code to replace provisions regarding ethical standards for attorneys for the Government with ethical standards for Federal prosecutors. Subjects a Federal prosecutor (defined as an attorney employed by the Department of Justice (DOJ) who is directly engaged in the prosecution of violations of Federal civil or criminal law) to all laws and rules governing ethical conduct of attorneys of the State in which such prosecutor is licensed as an attorney, except to the extent such law or rule is inconsistent with Federal law or interferes with the effectuation of Federal law or policy, including the investigation of violations of Federal law.
Directs the Attorney General to establish by rule that it shall be punishable conduct for any DOJ officer or employee, in the discharge of his or her official duties, to intentionally: (1) seek the indictment of any person in the absence of a reasonable belief of probable cause; (2) fail to disclose exculpatory evidence to the defense; (3) mislead a court as to the guilt of any person by knowingly making a false statement of material fact or law; (4) offer evidence known to be false; (5) alter evidence; (6) attempt to corruptly influence or color a witness's testimony with intent to encourage untruthful testimony; (7) violate a criminal defendant's right to discovery; (8) offer or provide sexual activities to any Government witness or potential witness in exchange for his or her testimony; or (9) improperly disseminate confidential, non-public information to any person during an investigation or trial.
Requires the Attorney General to: (1) establish a range of penalties for engaging in such prohibited conduct, including reprimand, demotion, dismissal, suspension from employment, referral of ethical charges to the bar, and referral of evidence related to the conduct to a grand jury; and (2) report annually to specified congressional committees on the activities and operations of DOJ's Office of Professional Responsibility.
Establishes a Commission on Federal Prosecutorial Conduct. Sets forth reporting requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Prosecutor Ethics Act"} | 2,575 | 449 | 0.632763 | 2.026816 | 0.793274 | 4.997494 | 5.982456 | 0.942356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Statement
Transparency Act of 2014''.
SEC. 2. FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD.
There is established in the executive branch of the Government an
independent establishment to be known as the Federal Accounting
Standards Advisory Board (in this Act referred to as the ``Board'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Board shall be composed of 10
members appointed as follows:
(1) One member shall be an employee of the Government
Accountability Office, appointed by the Comptroller General of
the United States (in this Act referred to as the ``Comptroller
General'').
(2) One member shall be an employee of the Office of
Management and Budget, appointed by the Director of the Office
of Management and Budget (in this Act referred to as the
``Director'').
(3) One member shall be an employee of the Department of
the Treasury, appointed by the Secretary of the Treasury (in
this Act referred to as the ``Secretary''), who may not
participate in any votes held pursuant to section 4(c)(1).
(4) Seven members shall be appointed from the general
financial community, the accounting and auditing community, or
academia by an appointment panel consistent with the
requirements of subsection (d).
(b) Requirements for Non-Federal Members.--Members appointed
pursuant to subsection (a)(4) may not be selected from among Federal
employees.
(c) Terms.--
(1) Federal members.--A member appointed pursuant to
paragraph (1), (2), or (3) of subsection (a) shall serve on the
Board at the discretion of the head of each agency that
appoints such a member.
(2) Non-federal members.--Members appointed pursuant to
subsection (a)(4) shall serve for a term not to exceed 5 years
and that, upon approval of an appointment panel described in
subsection (d), may be renewed for an additional term not to
exceed 5 years.
(d) Appointment Panel.--
(1) Initial appointment panel membership.--Upon
appointment, the member appointed by the Comptroller General
pursuant to subsection (a)(1) shall convene an appointment
panel consisting of not more than 6 individuals as follows:
(A) The member appointed by the Comptroller General
pursuant to subsection (a)(1), who shall serve as chair
of the initial appointment panel.
(B) The members appointed by the Director and the
Secretary, respectively, pursuant to paragraphs (2) and
(3) of subsection (a).
(C) One representative from the Financial
Accounting Foundation (or a successor organization).
(D) Two representatives from an organization that
nationally represents the interests of the certified
public accountant profession by--
(i) serving as an advocate before
legislative and regulatory entities, public
interest organizations, and professional
organizations;
(ii) developing standards for audits of
nonpublic entities and guidelines for services
of certified public accountants;
(iii) providing professional tools and
training to certified public accountants; and
(iv) monitoring and enforcing compliance
with technical and ethical standards for
certified public accountants.
(2) Duties of appointment panel.--The appointment panel
established under this subsection shall appoint members
pursuant to subsection (a)(4) to serve on the Board.
(3) Expiration.--The chair shall dissolve the appointment
panel upon completion of the duties described in paragraph (2).
(4) Selection of chair of subsequent appointment panel.--
The Secretary, the Director, and the Comptroller General shall
select one member appointed pursuant to subsection (a)(4) to
serve as the chair of the Board and the chair of a subsequent
appointment panel.
(5) Subsequent appointment panel.--The chair selected
pursuant to paragraph (4) shall convene an appointment panel
before the expiration of the term of the Board members
appointed pursuant to subsection (a)(4).
SEC. 4. DUTIES; CONCEPTS AND STANDARDS.
(a) Duties of FASAB.--The Board shall develop Federal financial
accounting concepts or standards and give consideration to the
budgetary information needs of executive agencies and the needs of
users of Federal financial information.
(b) Restriction on Duties.--The Board may not set or propose budget
concepts, standards, or principles.
(c) Concepts and Standards.--
(1) FASAB vote.--The Board shall submit to the Director and
the Comptroller General any Federal financial accounting
concepts or standards developed under subsection (a) that
receive a favorable vote by at least \2/3\ of the Board members
(except as provided in section 3(a)(3)).
(2) OMB and gao review.--
(A) Automatic acceptance.--Except as provided in
subparagraph (B), the concept or standard described in
paragraph (1) shall be submitted to the Secretary at
the end of the 90-day period beginning on the date the
Director and the Comptroller General receive the
concept or standard.
(B) Process for rejection.--If the Director or the
Comptroller General disapproves of the concept or
standard described in paragraph (1), the Director or
the Comptroller General shall, not later than 90 days
after receiving such concept or standard, reject such
concept or standard and submit such concept or standard
to the Board for reconsideration.
(C) Report for rejection.--Not later than 5 days
after submitting the concept or standard to the Board
for reconsideration, the Director or the Comptroller
General shall submit to Congress and the organization
described in section 3(d)(1)(D) a report, which shall
be made available to the public, describing the
rejected concept or standard and the basis for the
rejection.
(3) FASAB publication.--At the end of the period described
in paragraph (2)(A), the Board shall publish the concept or
standard submitted to the Secretary pursuant to such paragraph
in the Federal Register.
(4) Treasury review.--
(A) In general.--Except as provided in subparagraph
(B), if the Secretary decides not to adopt a concept or
standard submitted pursuant to subsection (c)(2)(A),
the Secretary shall submit, along with the annual
report submitted pursuant to section 331(e)(1) of title
31, United States Code, a description of any rejected
concept or standard and the basis for the rejection.
(B) Exception for immaterial deviations.--The
requirements of subparagraph (A) do not apply if the
Secretary determines that the application of the
concept or standard would not have a material effect on
the annual report submitted pursuant to section
331(e)(1) of title 31, United States Code.
(d) GAO Audit.--If, in conducting an audit of the annual report
submitted by the Secretary pursuant to section 331(e)(1) of title 31,
United States Code, the Comptroller General finds a material deviation
from generally accepted accounting principles in such report, the
Secretary shall submit to the Comptroller General an explanation for
such deviation not later than 30 days after notification of such
deviation.
SEC. 5. FASAB OPERATIONS FUND.
(a) Establishment.--The Secretary of the Treasury shall establish a
fund, to be available without fiscal year limitation, to provide funds
to the Board for the purpose of carrying out its duties under this Act.
(b) Amount.--The Board shall determine the annual cost of carrying
out its duties.
(c) Deposits.--Beginning on the first day of the first full fiscal
year that begins after the date of enactment of this Act, the Secretary
of the Treasury shall assess a fee on each sale of a security under
chapter 31 of title 31, United States Code, in an annual aggregate
amount equal to the amount specified in subsection (b), and deposit
such amount into the fund.
(d) Use of Funds.--Amounts in the fund may be used by the Board,
for the purpose of carrying out the duties of the Board under this Act
without further appropriation, beginning on the first day of the fiscal
year beginning after the fiscal year described in subsection (c).
SEC. 6. EFFECTIVE DATE.
Sections 3 and 4 of this Act shall take effect on the date that
amounts in the fund described in section 5 are transferred to the
Board. | Federal Financial Statement Transparency Act of 2014 - Establishes in the executive branch an independent Federal Accounting Standards Advisory Board (FASAB) to develop federal financial accounting concepts or standards, giving consideration to the budgetary information needs of executive agencies and the needs of users of federal financial information. Directs the Secretary of the Treasury to establish a FASAB operations fund to enable the FASAB to carry out its duties. Requires the Secretary to assess a fee on each sale of a security for deposit into the fund. | {"src": "billsum_train", "title": "Federal Financial Statement Transparency Act of 2014"} | 1,825 | 114 | 0.447543 | 1.123879 | 0.583514 | 4.397849 | 17.967742 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kentucky Artisan Heritage Trails
National Heritage Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Kentucky Artisan Heritage Trails includes 48
counties in the Commonwealth of Kentucky. These counties
include: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey,
Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming,
Floyd, Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott,
Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln,
Madison, Magoffin, Martin, McCreary, Menifee, Monroe,
Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski,
Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;
(2) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(3) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(4) provides opportunities to conserve natural, historic,
cultural, or scenic features;
(5) provides outstanding recreational and educational
opportunities;
(6) includes residents, business interests, nonprofit
organizations, and Universities that are involved in the
planning, have developed a conceptual financial plan that
outlines the roles of all participants (including the Federal
government), and have demonstrated support for the concept of a
national heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and Universities to develop a national heritage
area consistent with continued local and State economic
activity; and
(8) has a conceptual boundary map that is supported by the
public.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish the Kentucky Artisan Heritage Trails
National Heritage Area in the Commonwealth of Kentucky.
(2) To provide a management framework to foster a close
relationship with all levels of government, the private sector,
and the local communities in the Kentucky Artisan Heritage
Trails region to conserve the region's heritage while
continuing to pursue compatible economic opportunities.
(3) To assist communities, organizations, and citizens in
the Commonwealth of Kentucky in identifying, preserving,
interpreting, and developing the historical, cultural, scenic,
and natural resources of the region for the educational and
inspirational benefit of current and future generations.
SEC. 3. DEFINITION.
As used in this Act--
(1) Area.--The term ``Area'' means the Kentucky Artisan
Heritage Trails, which includes 17 trails encompassing 48
counties in the Commonwealth of Kentucky.
(2) Association.--The term ``Association'' means the
Southern and Eastern Kentucky Tourism Development Association.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. KENTUCKY ARTISAN HERITAGE TRAILS NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established in the Commonwealth
of Kentucky, the Kentucky Artisan Heritage Trails National Heritage
Area.
(b) Management Entity.--Southern and Eastern Kentucky Tourism
Development Association (SEKTDA) shall be the management entity for the
Kentucky Artisan Heritage Trails National Heritage Area.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of Interior.
(d) Boundaries.--The heritage area should include 48 counties in
Kentucky, including: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey,
Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd,
Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott, Laurel,
Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin,
Martin, McCreary, Menifee, Monroe, Montgomery, Morgan, Owsley, Perry,
Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and
Wolfe.
(e) Specific Sites.--The heritage area includes the following
sites:
(1) National park service sites.--
(A) Red Bird Trail begins in the Cumberland Gap
National Historical Park and leads travelers 143 miles
through the Daniel Boone National Forest along Pine
Mountain. A museum dedicated to the recovered WWII Lost
Squadron airplane ``Glacier Girl'' can be seen along
this trail that covers Bell, Harlan, Leslie and Clay
counties.
(B) Cave Country Trail is named for the numerous
caves and caverns that populate 127 miles through the
Mammoth Cave National Park covering Hart, Green and
Monroe counties. This region includes the Kentucky
Repertory Theatre, historic tours of Greensburg and
Munfordsville, Kentucky, and the Old Mulkey Meeting
House State Historic Park.
(C) Moonbow Trail leads travelers 126 miles through
portions of the Big South Fork National River and
Recreation area, and the Cumberland Falls State Resort
Park. The trail includes beautiful Kentucky landscapes
such as Eagle Falls, Big South Fork Scenic Railway, and
historic mining communities in Pulaski, Wayne and
McCreary counties.
(2) Other federal lands.--
(A) Buckhorn Trail is 100 miles in length and leads
travelers through the Daniel Boone National Forest.
Site of interest include a log cathedral, outdoor
recreation and scenic beauty of Buckhorn Lake State
Park in Owsley, Clay, Leslie, Perry and Breathitt
counties.
(B) Millstone Trail leads travelers through the
Daniel Boone National Forest and includes the Levi
Jackson Wilderness State Park. This 108 mile trail
includes Cumberland Falls and home of the original
Kentucky Fried Chicken in Laurel, Knox, Whitley, Clay
and Jackson counties.
(C) Red River Gorge Trail travels 141 miles through
the Daniel Boone National Forest and includes the Nada
Tunnel in the Red River Gorge Geological Area's
beautiful mountain region covering Montgomery, Menifee,
Wolfe, Powell and Clark counties.
(D) Gateway Trail travels 105 miles through the
Daniel Boone National Forest and includes the Kentucky
Music Hall of Fame and Museum and the well-known music
venue Renfro Valley Entertainment Center. The trail
includes Madison, Rockcastle, Laurel and Jackson
counties.
(E) Battlefield Trail, named for the Battle of
Richmond and Civil War history, spans 93 miles through
the Daniel Boone National Forest in Madison and Estill
counties. Historic points of interest include Valley
View Ferry, Bybee Pottery, Fitchburg Furnace and Fort
Boonesborough.
(F) Tygart's Creek Trail leads travelers through
the Daniel Boone National Forest and 153 miles through
the Carter Caves State Park which includes the Kentucky
Folk Art Museum and Cave Run Lake covering Rowan,
Morgan, Elliott, Carter, Lewis, Fleming and Bath
counties.
(G) Natural Bridge Trail leads travelers 122 miles
through the Red River Gorge National Geological Area
and includes portions of the Daniel Boone National
Forest. Sites of interest include regional restaurants
and artisan shops along the Menifee, Morgan, Wolfe,
Breathitt, Lee and Powell counties.
(3) Other public lands.--
(A) Lilley's Woods Trail offers destinations such
as the Hindman Settlement School, the Kentucky
Appalachian Artisan Center, restored historic mining
camps and museum along the 118 mile trail through
Knott, Letcher, Harlan, Leslie and Perry counties.
(B) Pine Hollows Trail is part of the Jenny Wiley
State Park and includes the Mountain Arts Center
encompassing 109 miles through Floyd, Knott, Letcher
and Pike counties.
(C) Berea Trail, known as the Arts and Crafts
Capital of Kentucky, the trails begins at the Kentucky
Artisan Center at Berea in Madison County and is 22
miles in length.
(D) Fiddlehead Trail is named after the
``Fiddlehead'' fern, and includes an outdoor theater,
Jenny Wiley Theater, Coal Miner's Museum and Loretta
Lynn's childhood home in Butcher Holler. The trail is
118 miles and includes Morgan, Elliott, Lawrence,
Johnson, Floyd, Magoffin and Wolfe counties.
(E) Frontier Trail includes 108 miles in Garrard,
Lincoln, Casey, Pulaski and Rockcastle counties and
points of interest are a Jail Museum and the Louisville
and Nashville Depot Museum.
(F) Mountain Music Trail named for the musical
heritage in the area once home to Dwight Yoakum, The
Judds, Ricky Skaggs, Loretta Lynn, Crystal Gayle, Bill
Ray Cyrus and others. This trail covers 118 miles in
Boyd, Carter, Lawrence, Johnson and Martin counties.
(G) Cumberland Lakes Trail is part of both the Lake
Cumberland State Resort Park and Dale Hollow Lake State
Resort Park, encompassing 95 miles of regional
restaurants and Civil War enthusiasts' artistry in
Adair, Russell, Clinton and Cumberland counties.
SEC. 5. AUTHORITY AND DUTIES OF THE ASSOCIATION.
(a) Duties of the Association.--To further the purposes of the
Heritage Area, the association shall--
(1) not later than 3 years after the date of the enactment
of this Act, the association shall develop and forward to the
Secretary a management plan for the heritage area; and
(2) develop and implement the management plan in
cooperation with affected communities and local governments and
shall provide for public involvement in the development and
implementation of the management plan.
(b) Management Plan.--The management plan shall, at a minimum--
(1) provide recommendations for the conservation, funding,
management, and development of the resources of the heritage
area;
(2) include an inventory of the cultural, historical,
natural, and recreational resources of the heritage area;
(3) develop recreational and educational opportunities in
the heritage area;
(4) increase public awareness of an appreciation for
natural, historical, scenic and cultural resources of the
heritage area;
(5) promote a wide range of partnerships among governments,
businesses, organizations and individuals in the heritage area
in the preparation and implementation of the management plan;
(6) include an analysis of ways in which local, State and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(7) encourage by appropriate means economic development
that is consistent with the purposes of the Heritage Area.
(c) Approval of Plan.--The Secretary shall approve or disapprove
the management plan not later than 60 days after the date of
submission. If the Secretary disapproves of the management plan, the
Secretary shall advise the association in writing of the reasons and
shall make recommendations for revisions to the plan.
(d) Review of Plan.--The association shall periodically review the
management plan and submit to the Secretary any recommendations for
proposed revisions to the management plan. Any major revisions to the
management plan must be approved by the Secretary.
(e) Authority.--The association may make grants and provide
technical assistance to local governments, and other public and private
entities to carry out the management plan.
(f) Duties.--The association shall--
(1) give priority in implementing actions set forth in the
management plan;
(2) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
(3) assist local government and non-profit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the heritage area;
(B) developing recreational resources in the
heritage area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical, and natural
resources in the heritage area;
(D) the restoration of historic structures related
to the heritage area; and
(E) carrying out other actions that the association
determines appropriate to fulfill the purposes of this
Act, consistent with the management plan.
(g) Prohibition of Acquiring Real Property.--The association may
not use Federal funds received under this Act to acquire real property
or an interest in real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(2) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical, and cultural resources of the
Heritage Area; and
(3) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the first
5 years of implementation.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may, upon
the request of the association, provide technical assistance on a
reimbursable or non-reimbursable basis and financial assistance to the
Heritage Area to develop and implement the approved management plan.
The Secretary is authorized to enter into cooperative agreements with
the association and other public or private entities for this purpose.
In assisting the Heritage Area, the Secretary shall give priority to
actions that in general assist in--
(1) conserving the significant natural, historical,
cultural and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Approval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 60 days after receiving the
management plan.
(2) Criteria for approval.--In determining to approve the
management plan, the Secretary shall consider whether--
(A) the association is representative of the
diverse interests of the heritage area including
governments, natural and historic resource protection
organizations, education, business and recreation;
(B) the association has afforded adequate
opportunity, including public hearings, for public and
government involvement in the preparations of the
management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area; and
(D) the management plan is supported by the
appropriate State and local officials whose cooperation
is needed to ensure the effective implementation of the
State and local aspects of the management plan.
(c) Actions Following Disapproval.--If the Secretary disapproves
the management plan, the Secretary shall advise the association in
writing of the reasons and shall make recommendations for revisions to
the management plan. The Secretary shall approve or disapprove a
proposed revision not later than 60 days after the date it is
submitted.
(d) Approval of Amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved in the
same manner as provided for the original management plan. The
association shall not use Federal funds authorized by this Act to
implement any amendments until the Secretary has approved the
amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the association with
respect to such activities;
(2) cooperate with the Secretary and the association with
respect to such activities; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the association determines
will not have an adverse effect on the Heritage Area.
SEC. 9 AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the
Association under this Act.
(b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.
SEC. 10 SUNSET.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of the
enactment of this Act. | Kentucky Artisan Heritage Trails National Heritage Area Act - Establishes the Kentucky Artisan Heritage Trails National Heritage Area in Kentucky. Designates the Southern and Eastern Kentucky Tourism Development Association (SEKTDA) as the management entity for the Heritage Area. Requires the Association to develop a management plan for the Heritage Area.
Prohibits the Association from using federal funds received under this Act to acquire real property or an interest in real property. | {"src": "billsum_train", "title": "To establish the Kentucky Artisan Heritage Trails National Heritage Area Act in the Commonwealth of Kentucky, and for other purposes."} | 3,543 | 97 | 0.496806 | 1.457221 | 1.139119 | 5.153846 | 42.153846 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Sunset Act of 1998''.
SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.
(a) Schedule for Review.--Not later than one year after the date of
the enactment of this Act, the Federal Agency Sunset Commission
established under section 3 (in this Act referred to as the
``Commission'') shall submit to Congress a schedule for review by the
Commission, at least once every 12 years (or less, if determined
appropriate by Congress), of the abolishment or reorganization of each
agency.
(b) Review of Agencies Performing Related Functions.--In
determining the schedule for review of agencies under subsection (a),
the Commission shall provide that agencies that perform similar or
related functions be reviewed concurrently to promote efficiency and
consolidation.
(c) Abolishment of Agencies.--Each agency shall--
(1) be reviewed according to the schedule created pursuant
to this section; and
(2) be abolished not later than one year after the date
that the Commission completes its review of the agency pursuant
to such schedule, unless the agency is continued by Congress.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Federal Agency Sunset Commission''.
(b) Composition.--The Commission shall be composed of 12 members
(in this Act referred to as the ``members'') who shall be appointed as
follows:
(1) Six members shall be appointed by the Speaker of the
House of Representatives, one of whom may include the Speaker
of the House of Representatives, with minority members
appointed with consent of the minority leader of the House.
(2) Six members shall be appointed by the majority leader
of the Senate, one of whom may include the majority leader of
the Senate, with minority members appointed with the consent of
the minority leader of the Senate.
(c) Qualifications of Members.--
(1) In general.--(A) Of the members appointed under
subsection (b)(1), four shall be members of the House of
Representatives (not more than two of whom may be of the same
political party), and two shall be an individual described in
subparagraph (C).
(B) Of the members appointed under subsection (b)(2), four
shall be members of the Senate (not more than two of whom may
be of the same political party) and two shall be an individual
described in subparagraph (C).
(C) An individual under this subparagraph is an
individual--
(i) who is not a member of Congress; and
(ii) with expertise in the operation and
administration of Government programs.
(2) Continuation of membership.--If a member was appointed
to the Commission as a Member of Congress and the member ceases
to be a Member of Congress, that member shall cease to be a
member of the Commission. The validity of any action of the
Commission shall not be affected as a result of a member
becoming ineligible to serve as a member for the reasons
described in this paragraph.
(d) Initial Appointments.--All initial appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(e) Chairman; Vice Chairman.--(1) An individual shall be designated
by the Speaker of the House of Representatives from among the members
initially appointed under subsection (b)(1) to serve as chairman of the
Commission for a period of 2 years.
(2) An individual shall be designated by the majority leader of the
Senate from among the individuals initially appointed under subsection
(b)(2) to serve as vice-chairman of the Commission for a period of two
years.
(3) Following the termination of the two-year period described in
paragraphs (1) and (2), the Speaker and the majority leader shall
alternate every two years in appointing the chairman and vice-chairman
of the Commission.
(f) Terms of Members.--(1) Each member appointed to the Commission
who is a member of Congress shall serve for a term of six years, except
that, of the members first appointed under paragraphs (1) and (2) of
subsection (b), 2 members shall be appointed to serve a term of three
years under each such paragraph.
(2) Each member of the Commission who is not a member of Congress
shall serve for a term of three years.
(3)(A) A member of the Commission who is a member of Congress and
who serves more than three years of a term may not be appointed to
another term as a member.
(B) A member of the Commission who is not a member of Congress and
who serves as a member of the Commission for more than 56 months may
not be appointed to another term as a member.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The
Commission may administer oaths to witnesses appearing before
it.
(2) Obtaining information.--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 Chairman, the head of that department or agency
shall furnish that information to the Commission in a full and
timely manner.
(3) Subpoena power.--(A) The Commission may issue a
subpoena to require the attendance and testimony of witnesses
and the production of evidence relating to any matter under
investigation by the Commission.
(B) If a person refuses to obey an order or subpoena of the
Commission that is issued in connection with a Commission
proceeding, the Commission may apply to the United States
district court in the judicial district in which the proceeding
is held for an order requiring the person to comply with the
subpoena or order.
(4) Immunity.--The Commission is an agency of the United
States for purposes of part V of title 18, United States Code
(relating to immunity of witnesses).
(5) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
services without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(h) Commission Procedures.--
(1) Meetings.--The Commission shall meet at the call of the
Chairman.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(i) Personnel Matters.--
(1) Compensation.--Members shall not be paid by reason of
their service as members.
(2) Travel expenses.--Each 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.
(3) Director.--The Commission shall have a Director who
shall be appointed by the Chairman. The Director shall be paid
at a rate not to exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(4) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers appropriate.
(5) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and 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.
(j) Other Administrative Matters.--
(1) Postal and printing services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the United States.
(2) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this Act.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(k) Sunset of Commission.--The Commission shall terminate on
December 31, 2024, unless reauthorized by Congress.
SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.
(a) In General.--The Commission shall review the efficiency and
public need for each agency in accordance with the criteria described
in section 5.
(b) Recommendations; Report to congress.--The Commission shall
submit to Congress and the President not later than September 1 of each
year a report containing--
(1) an analysis of the efficiency of operation and public
need for each agency to be reviewed in the year in which the
report is submitted pursuant to the schedule submitted to
Congress under section 2;
(2) recommendations on whether each such agency should be
abolished or reorganized;
(3) recommendations on whether the functions of any other
agencies should be consolidated, transferred, or reorganized in
an agency to be reviewed in the year in which the report is
submitted pursuant to the schedule submitted to Congress under
section 2; and
(4) recommendations for administrative and legislative
action with respect to each such agency.
(c) Draft Legislation.--The Commission shall submit with to
Congress and the President not later than September 1 of each year a
draft of legislation to carry out the recommendations of the Commission
under subsection (b).
(d) Information Gathering.--The Commission shall--
(1) conduct public hearings on the abolishment of each
agency reviewed under subsection (b);
(2) provide an opportunity for public comment on the
abolishment of each such agency;
(3) require the agency to provide information to the
Commission as appropriate; and
(4) consult with the General Accounting Office, the Office
of Management and Budget, the Comptroller General, and the
chairman and ranking minority member of the committees of
Congress with oversight responsibility for the agency being
reviewed regarding the operation of the agency.
SEC. 5. CRITERIA FOR REVIEW.
The Commission shall evaluate the efficiency and public need for
each agency pursuant to section 4(a) using the following criteria:
(1) The effectiveness, and the efficiency of the operation
of, the programs carried out by each such agency.
(2) Whether the programs carried out by the agency are
cost-effective.
(3) Whether the agency has acted outside the scope of its
original authority, and whether the original objectives of the
agency have been achieved.
(4) Whether less restrictive or alternative methods exist
to carry out the functions of the agency.
(5) The extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies.
(6) The potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating such
programs.
(7) The number and types of beneficiaries or persons served
by programs carried out by the agency.
(8) The extent to which any trends, developments, and
emerging conditions that are likely to affect the future nature
and extent of the problems or needs that the programs carried
out by the agency are intended to address.
(9) The extent to which the agency has complied with the
provisions contained in the Government Performance and Results
Act of 1993 (Pub. Law 103-62; 107 Stat. 285).
(10) The promptness and effectiveness with which the agency
seeks public input and input from State and local governments
on the efficiency and effectiveness of the performance of the
functions of the agency.
(11) Whether the agency has worked to enact changes in the
law that are intended to benefit the public as a whole rather
than the specific business, institution, or individuals that
the agency regulates.
(12) The extent to which the agency has encouraged
participation by the public as a whole in making its rules and
decisions rather than encouraging participation solely by those it
regulates.
(13) The extent to which the public participation in
rulemaking and decisionmaking of the agency has resulted in
rules and decisions compatible with the objectives of the
agency.
(14) The extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
(15) The extent of the regulatory, privacy, and paperwork
impacts of the programs carried out by the agency.
(16) The extent to which the agency has coordinated with
State and local governments in performing the functions of the
agency.
(17) The potential effects of abolishing the agency on
State and local governments.
(18) The extent to which changes are necessary in the
authorizing statutes of the agency in order that the functions
of the agency can be performed in the most efficient and
effective manner.
SEC. 6. COMMISSION OVERSIGHT.
(a) Monitoring of Implementation of Recommendations.--The
Commission shall monitor implementation of laws enacting provisions
that incorporate recommendations of the Commission with respect to
abolishment or reorganization of agencies.
(b) Monitoring of Other Relevant Legislation.--
(1) In general.--The Commission shall review and report to
Congress on all legislation introduced in either house of
Congress that would establish--
(A) a new agency;
(B) a new program to be carried out by an existing
agency.
(2) Report to Congress.--The Commission shall include in
each report submitted to Congress under paragraph (1) an
analysis of whether--
(A) the functions of the proposed agency or program
could be carried out by one or more existing agencies;
(B) the functions of the proposed agency or program
could be carried out in a less restrictive manner than
the manner proposed in the legislation; and
(C) the legislation provides for public input
regarding the performance of functions by the proposed
agency or program.
SEC. 7. RULEMAKING AUTHORITY.
The Commission may promulgate such rules as necessary to carry out
this Act.
SEC. 8. RELOCATION OF FEDERAL EMPLOYEES.
If the position of an employee of an agency is eliminated as a
result of the abolishment of an agency in accordance with this Act,
there shall be a reasonable effort to relocate such employee to a
position within another agency.
SEC. 9. DEFINITION OF AGENCY.
As used in this Act, the term ``agency'' has the meaning given that
term by section 105 of title 5, United States Code, except that such
term includes an advisory committee as that term is defined in section
3(2) of the Federal Advisory Committee Act.
SEC. 10. OFFSET OF AMOUNTS APPROPRIATED.
Amounts appropriated to carry out this Act shall be offset by a
reduction in amounts appropriated to carry out programs of other
Federal agencies. | Federal Sunset Act of 1998 - Establishes the Federal Agency Sunset Commission to: (1) submit to the Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; and (2) review and evaluate the efficiency and public need for each agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is continued by the Congress. | {"src": "billsum_train", "title": "Federal Sunset Act of 1998"} | 3,217 | 96 | 0.659918 | 1.60973 | 1.119614 | 4.62069 | 35.298851 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Educational Stability for
Children in Foster Care Act''.
SEC. 2. STATE AND LOCAL EDUCATIONAL AGENCY PLAN AND REPORT
REQUIREMENTS.
(a) State Plan.--Section 1111(b)(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(8)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D), the following:
``(E) how the State educational agency will comply
with the requirements of part J and the State's plan to
ensure such compliance; and''.
(b) State Report Card.--Section 1111(h)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended--
(1) in clause (i), by striking ``and status as economically
disadvantaged,'' and inserting ``status as economically
disadvantaged, and status as a child in foster care (defined in
section 1602(1)),''; and
(2) in clause (vi), by inserting before the semicolon the
following: ``(disaggregated by status as a child in foster care
(defined in section 1602(1)), except that such disaggregation
shall not be required in a case in which the number of students
in such category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student)''.
(c) State Report to Secretary.--Section 1111(h)(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(4))
is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) beginning not later than school year 2012-
2013, information on the achievement of students and
the graduation rates described in clauses (i) and (vi)
of paragraph (1)(C), respectively, including the
disaggregated results for the category of students with
status as a child in foster care (defined in section
1602(1)).''.
(d) Local Educational Agency Plan.--Section 1112(b)(1) of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by striking ``and'' at the end of subparagraph (P);
(2) in subparagraph (Q), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(R) how the local educational agency will comply
with the requirements of part J that relate to the
local educational agency and describe the local
educational agency's plan to ensure such compliance.''.
(e) Reservation for Homeless Children and Youth and Other At-Risk
Children.--Section 1113(c)(3) of the Elementary and Secondary Education
Act of 1965 is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) children in foster care (defined in section
1602(1)), including by designating an individual
employed by the agency to serve as a point of contact,
as described in 1601(d)(1), for the child welfare
agencies responsible for such children enrolled in the
local educational agency.''.
SEC. 3. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, is
further amended by adding at the end the following:
``PART J--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE
``SEC. 1601. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.
``(a) Obligations To Collaborate With Child Welfare Agencies.--
``(1) In general.--Each State educational agency receiving
assistance under part A shall collaborate with the State child
welfare agency to develop and implement a plan to ensure that
the following occurs, for each child in the State, when the
child moves to a new school attendance area as a result of
being placed in foster care (as described in section 1602(1)),
changing foster care placements, or leaving foster care:
``(A) Attendance at a school of origin.--
``(i) In general.--The child enrolls or
remains in the child's school of origin, unless
a determination is made that it is in the
child's best interest to attend a different
school.
``(ii) Limitation.--A child who leaves
foster care shall only be entitled to remain in
the child's school of origin for the remainder
of the school year.
``(B) Immediate enrollment.--When a determination
is made regarding the school that it is in the best
interest of a child in foster care to attend, the child
shall be immediately enrolled in such school, even if
the child is unable to produce records normally
required for enrollment, such as previous academic
records, immunization and medical records, a birth
certificate, guardianship records, proof of residency,
or other documentation.
``(C) Records transfer.--Any records ordinarily
kept by a school, including records of immunizations,
health screenings, and other required health records,
academic records, birth certificates, evaluations for
special services or programs, and any individualized
education programs (as defined in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C.
1401)), regarding a child in foster care shall be--
``(i) maintained so that the records
involved are available, in a timely fashion,
when a child in foster care enters a new
school; and
``(ii) immediately transferred to the
enrolling school, even if the child owes fees
or fines or was not withdrawn from previous
schools in conformance with local withdrawal
procedures.
``(2) Implementation.--Each State educational agency
receiving assistance under part A shall ensure that the plan
described in paragraph (1) is implemented by the local
educational agencies in the State.
``(b) Credit Transfer and Diplomas.--Each State that receives
assistance under part A shall have policies for ensuring that--
``(1) a child in foster care who is changing schools can
transfer school credits and receive partial credits for
coursework satisfactorily completed while attending a prior
school or educational program;
``(2) a child in foster care is afforded opportunities to
recover school credits lost due to placement instability while
in foster care; and
``(3) a child in foster care who has changed secondary
schools can receive a secondary school diploma either from one
of the schools in which the child was enrolled or through a
State-issued secondary school diploma system, consistent with
State graduation requirements.
``(c) Transportation.--Not later than 1 year after the date of
enactment of the Increasing Educational Stability for Children in
Foster Care Act, the State educational agency shall enter into an
agreement with the State agency responsible for administering the State
plans under parts B and E of title IV of the Social Security Act to
ensure that children in foster care, and children leaving foster care,
who are attending their schools of origin receive transportation to and
from those schools, in accordance with subsection (a)(1) and with
section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)). The
agreement shall include a description of the following:
``(1) How foster care maintenance payments will be used to
help fund the transportation of children in foster care to
their schools of origin.
``(2) How children who leave foster care will receive
transportation to maintain their enrollment in their schools of
origin for the remainder of the academic year, if remaining in
their schools of origin is in their best interests.
``(d) Points of Contact.--
``(1) Local educational agencies.--A State that receives
assistance under part A shall ensure that each local
educational agency in the State designates an individual
employed by the agency to serve as a point of contact for the
child welfare agencies responsible for children in foster care
enrolled in the local educational agency and to oversee the
implementation of the local educational agency requirements
under this section. A local educational agency's point of
contact shall not be the individual designated as its local
educational agency liaison under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act, unless such
individual has the capacity, resources, and time to perform
both roles.
``(2) State educational agencies.--Each State educational
agency receiving assistance under part A shall designate an
individual to serve as a point of contact for child welfare
agencies and to oversee the implementation of the State
educational agency requirements under this section. A State
educational agency's point of contact shall not be the
individual designated as the State's Coordinator for Education
of Homeless Children and Youths under section 722(d)(3) of the
McKinney-Vento Homeless Assistance Act, unless such individual
has the capacity, resources, and time to perform both roles.
``SEC. 1602. DEFINITIONS.
``In this part:
``(1) Child in foster care.--The term `child in foster
care' means a child whose care and placement is the
responsibility of the agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), without regard to whether
foster care maintenance payments are made under section 472 of
the Social Security Act (42 U.S.C. 672) on behalf of the child.
``(2) School attendance area.--The term `school attendance
area' has the meaning given the term in section 1113(a)(2).
``(3) School of origin.--The term `school of origin' means,
with respect to a child in foster care, any of the following:
``(A) The public school in which the child was
enrolled prior to entry into foster care.
``(B) The public school in which the child is
enrolled when a change in foster care placement occurs.
``(C) The public school the child attended when
last permanently housed, as such term is used in
section 722(g)(3)(G) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(3)(G)), if such
child was eligible for assistance under such Act before
the child became a child in foster care.''.
(b) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary, in collaboration with the Secretary of
Health and Human Services, is directed to issue guidance on the
implementation of part J of title I of the Elementary and Secondary
Education Act of 1965, including how State and local agencies will work
together to ensure that transportation for children in foster care is
provided to the school of origin.
SEC. 4. AMENDMENT TO MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 725(2)(B)(i) of the of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)(B)(i)) is amended by striking ``are
abandoned in hospitals; or are awaiting foster care placement'' and
inserting ``or are abandoned in hospitals;''. | Increasing Educational Stability for Children in Foster Care Act - Amends the school improvement program under title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the annual report cards issued by states to include information on the academic achievement and secondary school graduation rates of foster children.
Requires local educational agencies (LEAs) to reserve school improvement funds to serve children in foster care.
Establishes part J (Educational Stability of Children in Foster Care) under title I of the ESEA.
Requires states to develop and implement a plan to ensure that children that move to a new school attendance area due to being placed in foster care, changing their foster care placement, or leaving foster care: (1) enroll or remain in their school of origin and receive transportation to and from that school, unless it is determined to be in their best interest to attend a different school; (2) are immediately enrolled in a school once it is determined to be in their best interest to attend the school, even if they are unable to produce the records normally required for enrollment; and (3) have their school records maintained and available for immediate transfer to their new school.
Gives a child who leaves foster care the right to remain in his or her school of origin only for the remainder of the school year.
Requires states to ensure that foster children are able to: (1) preserve the credits or partial credits they earned at schools they previously attended, and (2) receive a secondary school diploma from one of the schools at which they were enrolled or through a state-issued secondary school diploma system.
Requires LEAs and state educational agencies to each designate an individual to oversee implementation of their part J obligations and serve as a point of contact for the child welfare agencies responsible for foster children.
Amends the McKinney-Vento Homeless Assistance Act to eliminate children and youths who are awaiting foster care placement from the definition of "homeless children and youths." | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide educational stability for children in foster care, and for other purposes."} | 2,666 | 422 | 0.479837 | 1.502121 | 0.745417 | 2.929504 | 6.193211 | 0.887728 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Behavior for Safe and
Effective Schools Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Educators, parents, and the general public cite
ineffective school discipline policies as a leading challenge
facing many public schools.
(2) Overly harsh, nondiscretionary school discipline
practices that address even minor misbehavior through
suspension, expulsion, metal detectors, surveillance cameras,
and arrest are ineffective and counterproductive.
(3) Research shows that ``get tough'' approaches to
discipline reinforce bad behavior and predict higher future
rates of misbehavior among suspended students.
(4) However, suspensions and expulsions are on the rise
nationally, and according to the United States Department of
Education Office of Civil Rights during the 2005-2006 school
year over 3,300,000 students were suspended at least once and
over 100,000 students were expelled.
(5) Students of color and students with disabilities are
more likely to be suspended or expelled than their peers for
similar disciplinary incidents.
(6) There is a high correlation between school discipline
and the student dropout rate. Suspended students are more
likely to be retained, to dropout, to engage in delinquent
activity, and to become involved in the juvenile or criminal
justice system.
(7) Teachers are also more likely to ``dropout'' of our
schools because of school discipline issues. A 2005 national
survey found that 44 percent of teachers, and 39 percent of
highly qualified teachers, listed school discipline as a reason
for leaving the profession.
(8) Learning is linked to student behavior. Successful
schools implement high academic and behavior standards, where
improvements in student behavior and school climate are
correlated with improved academic outcomes.
(9) Evidence-based and scientifically valid practices for
improving behavior and creating a school climate more conducive
to learning such as school-wide positive behavior supports,
have not been widely adopted, accurately implemented, or
sustained.
(10) Effective implementation of school-wide positive
behavior supports is linked to greater academic achievement,
significantly fewer disciplinary problems, lower suspension and
expulsion rates, and increased time for instruction.
(11) Early intervening services are an effective strategy
for instructional support. Following implementation of school-
wide positive behavior supports, out-of-school suspensions at
an elementary school in Illinois decreased 85 percent, from 243
to 37 or fewer in 2 subsequent years, with a resultant gain of
386 days of instructional time. The percentage of students
meeting or exceeding proficiency on State standards increased
measurably.
(12) Many problems can be prevented or minimized with early
intervening services that have been shown to be effective and
reduce the need for more intensive and more costly
interventions. Upon implementing such supports, an elementary
school in Maryland witnessed a decrease in office discipline
referrals for major rule violations by 42 percent, recouping
119 days of instructional time for students, and 40 days of
administrator time within 1 school year.
(13) Schools that implement school-wide positive behavior
supports are perceived by teachers to be safer teaching
environments. In South Carolina, a school using a system of
positive behavior supports found that teacher transfer requests
declined by 100 percent and teacher absence days decreased by
36 percent.
(14) When approaches such as school-wide positive behavior
supports are employed, all students, including those with
significant and challenging behaviors, can succeed.
(b) Purposes.--The purposes of this Act are to expand the use of
school-wide positive behavior supports in schools in order to
systematically create a school climate that is highly conducive to
learning, to reduce discipline referrals, and to improve student
academic outcomes.
SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORTS.
In this Act, the term ``positive behavior supports'' means a
systematic approach to embed proven practices for early intervening
services, including a range of systemic and individualized strategies
to reinforce desired behaviors and eliminate reinforcement for problem
behaviors, in order to achieve important social outcomes and increase
learning, while preventing problem behaviors for all students including
those with the most complex and intensive behavioral needs.
SEC. 4. SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS.
(a) Flexibility To Use Title I Funds To Implement School-Wide
Positive Behavior Supports.--
(1) In general.--Section 1003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``Of the amount'';
and
(C) by adding at the end the following:
``(2) Of the amount reserved under subsection (a) for any
fiscal year, the State educational agency may allocate funds to
develop and implement coordinated, early intervening services
(including school-wide positive behavior supports) for all
students, including those who have not been identified as
needing special education but who need additional academic and
behavioral support to succeed in a general education
environment. Funds so allocated shall be--
``(A) aligned with funds authorized under section
613(f) of the Individuals with Disabilities Education
Act; and
``(B) used to supplement, and not supplant, funds
made available under such Act for such activities and
services.''.
(2) Technical assistance.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) in section 1116(b)(4)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) shall include assistance in
implementation of school-wide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school and reducing the need
for suspensions, expulsions, corporal
punishment, referrals to law enforcement, and
other actions that remove students from
instruction;'';
(B) in section 1117(a)(3), by inserting ``any
technical assistance center on school-wide positive
behavior supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''; and
(C) in section 1117(a)(5)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) review the number of discipline
referrals in the school and the overall school
climate and engagement of families, and use
that information to assist the school to
implement school-wide positive behavior
supports or other early intervening services,
or both;''.
(b) LEA Flexibility To Improve School Climate.--Section
1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended--
(1) by redesignating items (bb) and (cc) as items (cc) and
(dd), respectively; and
(2) by inserting after item (aa) the following:
``(bb) improving the
learning environment in the
school, including the
implementation of school-wide
positive behavior supports, in
order to improve academic
outcomes for students and
reduce the need for
suspensions, expulsions,
corporal punishment, referrals
to law enforcement, and other
actions that remove students
from instruction;''.
SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE.
Section 2122(c)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(c)(2)) is amended--
(1) by striking ``subject matter knowledge and teaching
skills'' and inserting ``subject matter knowledge, teaching
skills, and an understanding of social or emotional, or both,
learning in children and approaches that improve the school
climate for learning (such as school-wide positive behavior
supports)''; and
(2) by inserting ``to improve the teachers' schools'
climate for learning'' after ``instructional leadership skills
to help teachers''.
SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES.
Section 4002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7102) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by striking all that precedes paragraph (2) and
inserting the following: ``The purpose of this part is to
support programs that improve the whole school climate in order
to foster learning, including programs that prevent discipline
problems, that reduce the need for suspensions, expulsions,
corporal punishment, referrals to law enforcement, and other
actions that remove students from instruction, that prevent
violence in and around schools, that prevent the illegal use of
alcohol, tobacco, and drugs, that promote meaningful family
engagement in education, and that are coordinated with related
Federal, State, school, and community efforts and resources to
foster a safe and drug-free learning environment that supports
student academic achievement, through the provision of Federal
assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs relating to improving the school-wide climate
(including implementation of school-wide positive behavior
supports);''.
SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM.
Section 5421(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7245(b)(2)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) describe how the local educational agency
will address the need for early intervening services
that improve the school climate for learning and reduce
the need for suspensions, expulsions, corporal
punishment, referrals to law enforcement, and other
actions that remove students from instruction, such as
through school-wide positive behavior supports;''.
SEC. 8. SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
(a) In General.--The Secretary of Education, acting through the
Office of the Deputy Secretary, shall administer, coordinate,
implement, and ensure adequate evaluation of the effectiveness of
programs and activities concerned with providing specialized
instructional support services in schools, delivered by trained,
qualified specialized instructional support personnel. In carrying out
this subsection, the Secretary shall support activities to--
(1) improve specialized instructional support services in
schools in order to improve academic achievement and
educational results for students;
(2) identify scientifically valid practices in specialized
instructional support services that support learning and
improve academic achievement and educational results for
students;
(3) provide continuous training and professional
development opportunities for specialized instructional support
personnel and other school personnel in the use of effective
techniques to address academic, behavioral, and functional
needs;
(4) provide technical assistance to local educational
agencies and State educational agencies in the provision of
effective, scientifically valid, specialized instructional
support services;
(5) coordinate specialized instructional support services
programs and services in schools between the Department of
Education and other Federal agencies, as appropriate; and
(6) ensure evaluation of the effectiveness of the
activities described in this subsection.
(b) Specialized Instructional Support Personnel; Specialized
Instructional Support Services.--In this section:
(1) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' means school
counselors, school social workers, school psychologists, and
other qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary corrective or supportive services
(including related services, as such term is defined in section
602 of the Individuals with Disabilities Education Act) as part
of a comprehensive program to meet student needs.
(2) Specialized instructional support services.--The term
``specialized instructional support services'' means the
services provided by specialized instructional support
personnel, including any other corrective or supportive
services to meet student needs.
SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (20) through (32) as
paragraphs (21) through (33);
(2) by inserting after paragraph (19) the following:
``(20) Family engagement in education.--The term `family
engagement in education' means a shared responsibility--
``(A) of families and schools for student success,
in which schools and community-based organizations are
committed to reaching out to engage families in
meaningful ways and families are committed to actively
supporting their children's learning and development;
and
``(B) that is continuous from birth through young
adulthood and reinforces learning that takes place in
the home, school, and community.'';
(3) by redesignating the first paragraph (33) through
paragraph (42) as paragraphs (35) through (44), respectively;
and
(4) by inserting after paragraph (32) the following:
``(33) Positive behavior supports.--The term `positive
behavior supports' means a systematic approach to embed proven
practices for early intervening services, including a range of
systemic and individualized strategies to reinforce desired
behaviors and eliminate reinforcement for problem behaviors, in
order to achieve important social outcomes and increase student
learning, while preventing problem behaviors.''. | Positive Behavior for Safe and Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior supports, defined as a systematic approach to embed proven practices for early intervention services in order to achieve important social outcomes and increase student learning, while preventing problem behaviors.
Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) professional development funding; (4) funding under the Safe and Drug-Free Schools and Communities program; and (5) elementary and secondary school counseling programs.
Directs the Secretary of Education to oversee, implement, and ensure adequate evaluation of, the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of school-wide positive behavior supports."} | 3,022 | 258 | 0.466165 | 1.477435 | 0.901443 | 2.907563 | 11.92437 | 0.865546 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of Mexico Red Snapper
Conservation Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal waters.--The term ``coastal waters'' means--
(A) all waters, whether salt or fresh, of the Gulf
coastal State shoreward of the baseline from which the
territorial sea of the United States is measured; and
(B) the waters of the Gulf coastal State seaward
from the baseline referred to in subparagraph (A) to
the inner boundary of the exclusive economic zone 200
mile limit.
(2) Commission.--The term ``Commission'' means the Gulf
States Marine Fisheries Commission.
(3) Fishery management plan.--The term ``fishery management
plan'' means a plan for the conservation and management of Gulf
of Mexico red snapper prepared and adopted by the Commission
pursuant to section 4.
(4) Gulf coastal state.--The term ``Gulf coastal State''
means the following States bordering the Gulf of Mexico:
(A) Alabama.
(B) Florida.
(C) Louisiana.
(D) Mississippi.
(E) Texas.
(5) Gulf of mexico red snapper.--The term ``Gulf of Mexico
red snapper'' means members of stocks or populations of the
species Lutjanis campechanus, which ordinarily are found
seaward of the coastal waters.
(6) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. TRANSFER OF MANAGEMENT OF GULF OF MEXICO RED SNAPPER.
(a) New Fishery Management Plan From Commission.--The Commission
shall submit to the Secretary of Commerce a fishery management plan for
Gulf of Mexico red snapper adopted by the Commission pursuant to
section 4.
(b) Actions by Secretary of Commerce.--
(1) Review and certification of plan.--The Secretary of
Commerce shall--
(A) review the plan submitted pursuant to
subsection (a) to determine whether or not the plan--
(i) includes fishery management measures
that are compatible to the extent practicable
with the national standards set forth in
section 301 of the Magnuson-Stevens Act (16
U.S.C. 1851) and other applicable provisions of
the Magnuson-Stevens Act; and
(ii) will ensure the long-term conservation
of Gulf of Mexico red snapper populations; and
(B) certify whether or not the Commission has
submitted a fishery management plan to properly
conserve and manage Gulf of Mexico red snapper
consistent with this Act.
(2) Revocation of superseded plan.--Upon receipt of a
certification by the Commission under section 4(b)(2) that all
of the Gulf coastal States will have sufficient management
measures under section 4(b)(1), the Secretary shall publish a
notice in the Federal Register revoking those regulations and
portions of the Federal fishery management plan for the Reef
Fish Resources of the Gulf of Mexico that are in conflict with
the fishery management plan for Gulf of Mexico red snapper,
including the deletion of the species from the management unit.
(c) State Actions.--Upon certification by the Secretary under
subsection (b)(1) that the fishery management plan will properly
conserve and manage Gulf of Mexico red snapper consistent with this
Act, the Gulf coastal States shall implement all appropriate measures
to manage the Gulf of Mexico red snapper resource in the adjacent
coastal waters in accordance with the fishery management plan.
SEC. 4. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT PLAN.
(a) Commission Process.--
(1) In general.--The Commission shall prepare and adopt a
fishery management plan to provide for the conservation and
management of Gulf of Mexico red snapper and specify the
requirements necessary for Gulf coastal States to be in
compliance with the plan.
(2) Standards and procedures.--Not later than one year
after the date of the enactment of this Act, the Commission
shall establish standards and procedures for the preparation of
the fishery management plan, including standards and procedures
to ensure--
(A) the long-term sustainability of Gulf of Mexico
red snapper based on the available science; and
(B) adequate opportunity for public participation
in the preparation of the fishery management plan,
including at least four public hearings and procedures
for the submittal to the Commission of written comments
on the fishery management plan.
(3) Limitation on reduction in quotas.--
(A) In general.--Except as provided in subparagraph
(B), the fishery management plan may not reduce the
overall quota of Gulf of Mexico red snapper apportioned
to commercial fishing on the date of the enactment of
this Act until the date that is 3 years after such date
of enactment. Such plan may increase such a quota based
on stock assessments.
(B) Exception in case of a reduction in stock.--In
the event of a reduction in the stock of Gulf of Mexico
red snapper, the fishery management plan shall reduce
the quota described in subparagraph (A) in a manner
that ensures a sustainable harvest of Gulf of Mexico
red snapper.
(b) State Implementation and Enforcement.--
(1) Submittal of management measures.--Each Gulf coastal
State shall submit to the Commission management measures to
ensure compliance with the conservation objectives of the
fishery management plan.
(2) Implementation.--Upon certification by the Commission
that all Gulf coastal States have submitted sufficient
management measures described in paragraph (1), the Commission
shall certify to the Secretary of Commerce under section
3(b)(2) to revoke Federal management of Gulf of Mexico red
snapper, and the Gulf coastal States shall manage the Gulf of
Mexico red snapper in the adjacent coastal waters consistent
with the fishery management plan.
SEC. 5. MONITORING OF IMPLEMENTATION AND ENFORCEMENT OF GULF OF MEXICO
RED SNAPPER FISHERY MANAGEMENT PLAN BY GULF COASTAL
STATES.
(a) Determination.--In December each year, and at any other time it
considers appropriate, the Commission shall determine--
(1) whether each Gulf coastal State has adopted all
regulatory measures to fully implement the fishery management
plan; and
(2) whether the enforcement of the fishery management plan
by each Gulf coastal State is satisfactory to maintain the
long-term sustainability and abundance of Gulf of Mexico red
snapper.
(b) Satisfactory State Enforcement.--For purposes of subsection
(a)(2), enforcement by a Gulf coastal State shall not be considered
satisfactory by the Commission if, in its view, such enforcement is
being carried out in such a manner that the implementation of the
fishery management plan within the coastal waters of the Gulf coastal
State is being, or will likely be, substantially and adversely
affected.
(c) Notice to Secretary of Commerce of Adverse Determination.--The
Commission shall immediately notify the Secretary of Commerce of each
negative determination made with respect to a Gulf coastal State under
subsection (a).
SEC. 6. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT REVIEW.
(a) Commission Review and Report on Certification on Certain State
Actions.--
(1) Commission review of state certification.--Each Gulf
coastal State that manages Gulf of Mexico red snapper shall
submit to the Commission a certification as follows:
(A) If Gulf of Mexico red snapper is undergoing
overfishing or subject to a rebuilding plan, that such
Gulf coastal State shall implement immediately the
necessary measures to end overfishing and rebuild the
fishery.
(B) That such Gulf coastal State shall implement a
program to provide for data collection adequate to
monitor the harvest of Gulf of Mexico red snapper by
such Gulf coastal State.
(2) Report to secretary.--Upon the review of each
certification submitted to the Commission under paragraph (1),
the Commission shall certify to the Secretary of Commerce
whether or not the Gulf coastal State concerned is fully
carrying out the matters covered by the certification.
(b) Action by Secretary of Commerce.--Upon receipt by the Secretary
of Commerce of a notice under section 5(c) or a report under subsection
(a)(2) that a Gulf Coastal State is not fully complying with the
matters specified in subsection (a)(1) as certified by that State
pursuant to subsection (a)(1), the Secretary may declare a closure of
the Gulf of Mexico red snapper fishery within the Federal waters
adjacent to the Gulf coastal State. In making such a declaration the
Secretary shall fully consider and review the comments of the Gulf
coastal State and the Commission.
(c) Actions Prohibited During Closure.--During a closure of the
Gulf of Mexico red snapper fishery under subsection (b), it is unlawful
for any person--
(1) to engage in fishing for Gulf of Mexico red snapper
within the Federal waters adjacent to the Gulf coastal State
covered by the closure;
(2) to land, or attempt to land, the Gulf of Mexico red
snapper that is subject to the closure; or
(3) to fail to return to the water the Gulf of Mexico red
snapper to which the closure applies that are caught incidental
to commercial harvest or in other recreational fisheries.
SEC. 7. IMPROVED STUDIES AND DATA COLLECTION FOR GULF OF MEXICO RED
SNAPPER.
(a) In General.--For the purposes of carrying out this Act, the
Secretary of Commerce shall support the Gulf coastal States and the
Commission in developing and implementing a comprehensive study on Gulf
of Mexico Red Snapper. This study shall include, but shall not be
limited to, the following:
(1) Annual stock assessments of Gulf of Mexico red snapper.
(2) The number of participants, both commercial and
recreational, in the coastal waters of the Gulf coastal States
that harvest Gulf of Mexico red snapper.
(3) Recommendations for improved conservation and
management of Gulf of Mexico red snapper.
(b) Comprehensive Economic Analysis.--The Secretary of Commerce
shall, in consultation with the Gulf coastal States and the Commission,
conduct a comprehensive study and analysis of the economic impacts and
benefits for the local, regional, and national economy of the Gulf of
Mexico red snapper fishery. The study shall include the following:
(1) A thorough analysis of the beneficial economic impacts
of industries directly related to the Gulf of Mexico red
snapper fishery, including, but not limited to, boat sales,
marina activity, boat construction and repair, fishing gear and
tackle sales, and other closely associated industries.
(2) A proper economic analysis of the downstream economic
impacts of the Gulf of Mexico red snapper fishery on the
economies of the Gulf coastal States, including, but not
limited to, hotels, restaurants, grocery stores, related
tourism, and other peripheral businesses and industries.
(c) Biennial Reports.--The Secretary of Commerce shall submit to
Congress, the Gulf coastal States, and the Commission on a biennial
basis a report on the progress and findings of studies conducted under
subsections (a) and (b), and shall make each report available to the
public. Each report shall, to the extent practicable, include
recommendations on additional actions to be taken to encourage the
sustainable conservation and management of the Gulf of Mexico red
snapper fishery. | Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and specifying the requirements necessary for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to comply with such plan. Requires the Commission to ensure an opportunity for public participation in the preparation of the plan. Prohibits such plan, for a three-year period, from reducing the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing, except in the event of a reduction in stock in which case the quota shall be reduced to ensure a sustainable harvest. Permits an increase in quota based on stock assessments. Directs the Secretary to determine whether the plan includes fishery management measures compatible with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act and to certify whether the plan properly conserves and manages Gulf of Mexico red snapper. Requires each Gulf coastal state to submit to the Commission appropriate management measures to ensure compliance with the conservation objectives of the fishery management plan. Directs the Commission, upon certifying that the states have submitted sufficient measures, to certify to the Secretary to revoke federal management of Gulf of Mexico red snapper. Directs the states to manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. Directs the Secretary, upon receiving the management measures certification from the Commission, to publish notice in the Federal Register revoking regulations and portions of the federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. Directs the Commission to determine at least annually whether state enforcement is satisfactory and to notify the Secretary of each negative determination. Authorizes the Secretary to close the fishery within federal waters adjacent to such a state upon receiving notice of a negative determination or a report that the state has not implemented any necessary measures to end overfishing, rebuild fisheries, or provide for data collection to monitor harvests. Directs the Secretary to report biennially to Congress on the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. | {"src": "billsum_train", "title": "Gulf of Mexico Red Snapper Conservation Act of 2013"} | 2,482 | 523 | 0.672129 | 2.164344 | 0.803764 | 4.152125 | 5.024609 | 0.908277 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jefferson Commemorative Coin Act of
1993''.
SEC. 2. COIN SPECIFICATIONS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 600,000 one-dollar coins, which shall weigh 26.73 grams,
have a diameter of 1.500 inches, and contain 90 percent silver
and 10 percent copper.
(2) Design.--The design of the coins issued under this Act
shall be emblematic of a Jefferson profile and frontal view of
his home Monticello. On each coin there shall be a designation
of the value of the coin, an inscription of the year ``1993'',
and inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 4. SELECTION OF DESIGN.
Subject to section 2(a)(2), the design for the coins authorized by
this Act shall be selected by the Secretary after consultation with the
Executive Director of the Thomas Jefferson Memorial Foundation and the
Commission of Fine Arts. As required by section 5135 of title 31,
United States Code, the design shall also be reviewed by the Citizens
Commemorative Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act during the period beginning on July 4, 1993, and ending
on July 4, 1994.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins authorized under this Act shall be sold
by the Secretary at a price equal to the sum of the face value of the
coins, the surcharge provided in subsection (c) with respect to such
coins, and the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under this Act prior to the issuance of such
coins. Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(c) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act. Nothing in this section shall
relieve any person entering into a contract under the authority of this
Act from complying with any law relating to equal employment
opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
issued under this Act shall be promptly paid by the Secretary--
(1) in the case of surcharges received in connection with
the sale of the first 500,000 coins issued, to the Jefferson
Endowment Fund, to be used--
(A) to establish and maintain an endowment to be a
permanent source of support for Monticello and its
historic furnishings; and
(B) for the Jefferson Endowment Fund's educational
programs, including the International Center for
Jefferson Studies; and
(2) in the case of surcharges received in connection with
the sale of all other such coins, to the Corporation for
Jefferson's Poplar Forest, to be used for the restoration and
maintenance of Poplar Forest.
SEC. 9. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
entities specified in section 8, as may be related to the expenditures
of amounts paid under section 8.
SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions of
section 5134 of title 31, United States Code, the Numismatic Public
Enterprise Fund.
SEC. 11. FINANCIAL ASSURANCES.
It is the sense of the Congress that this coin program shall be
self-sustaining, and should be administered to result in no net cost to
the Numismatic Public Enterprise Fund.
Passed the Senate May 27 (legislative day, April 19), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of Thomas Jefferson and his home, Monticello.
Mandates that all surcharges received from the sale of such coins be paid to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest.
Expresses the sense of the Congress that the coin program shall be self-sustaining and that its administration should result in no net cost to the Numismatic Public Enterprise Fund. | {"src": "billsum_train", "title": "Jefferson Commemorative Coin Act of 1993"} | 1,155 | 111 | 0.534534 | 1.418918 | 0.32149 | 3.173913 | 10.923913 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Transparency and Ethics
Enhancement Act of 2007''.
SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.
(a) Creation and Duties.--Part III of title 28, United States Code,
is amended by adding at the end the following:
``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH
``Sec.
``1021. Establishment.
``1022. Appointment, term, and removal of Inspector General.
``1023. Duties.
``1024. Powers.
``1025. Reports.
``1026. Whistleblower protection.
``Sec. 1021. Establishment
``There is established for the judicial branch of the Government
the Office of Inspector General for the Judicial Branch (hereinafter in
this chapter referred to as the `Office').
``Sec. 1022. Appointment, term, and removal of Inspector General
``(a) Appointment.--The head of the Office shall be the Inspector
General, who shall be appointed by the Chief Justice of the United
States after consultation with the majority and minority leaders of the
Senate and the Speaker and minority leader of the House of
Representatives.
``(b) Term.--The Inspector General shall serve for a term of four
years and may be reappointed by the Chief Justice of the United States
for any number of additional terms.
``(c) Removal.--The Inspector General may be removed from office by
the Chief Justice of the United States. The Chief Justice shall
communicate the reasons for any such removal to both Houses of
Congress.
``Sec. 1023. Duties
``With respect to the Judicial Branch, other than the United States
Supreme Court, the Office shall--
``(1) conduct investigations of alleged misconduct in the
Judicial Branch under chapter 16, that may require oversight or
other action within the Judicial Branch or by Congress;
``(2) conduct and supervise audits and investigations;
``(3) prevent and detect waste, fraud, and abuse; and
``(4) recommend changes in laws or regulations governing
the Judicial Branch.
``Sec. 1024. Powers
``(a) Powers.--In carrying out the duties of the Office, the
Inspector General shall have the power--
``(1) to make investigations and reports;
``(2) to obtain information or assistance from any Federal,
State, or local governmental agency, or other entity, or unit
thereof, including all information kept in the course of
business by the Judicial Conference of the United States, the
judicial councils of circuits, the Administrative Office of the
United States Courts, and the United States Sentencing
Commission;
``(3) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses, and the production of such
books, records, correspondence memoranda, papers, and
documents, which subpoena, in the case of contumacy or refusal
to obey, shall be enforceable by civil action;
``(4) to administer to or take from any person an oath,
affirmation, or affidavit;
``(5) to employ such officers and employees, subject to the
provisions of title 5, governing appointments in the
competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates;
``(6) to obtain services as authorized by section 3109 of
title 5 at daily rates not to exceed the equivalent rate
prescribed for grade GS-18 of the General Schedule by section
5332 of title 5, United States Code; and
``(7) to the extent and in such amounts as may be provided
in advance by appropriations Acts, to enter into contracts and
other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and to
make such payments as may be necessary to carry out the duties
of the Office.
``(b) Chapter 16 Matters.--The Inspector General shall not commence
an investigation under section 1023(1) until the denial of a petition
for review by the judicial council of the circuit under section 352(c)
of this title or upon referral or certification to the Judicial
Conference of the United States of any matter under section 354(b) of
this title.
``(c) Limitation.--The Inspector General shall not have the
authority--
``(1) to investigate or review any matter that is directly
related to the merits of a decision or procedural ruling by any
judge or court; or
``(2) to punish or discipline any judge or court.
``Sec. 1025. Reports
``(a) When To Be Made.--The Inspector General shall--
``(1) make an annual report to the Chief Justice and to
Congress relating to the activities of the Office; and
``(2) make prompt reports to the Chief Justice and to
Congress on matters that may require action by them.
``(b) Sensitive Matter.--If a report contains sensitive matter, the
Inspector General may so indicate and Congress may receive that report
in closed session.
``(c) Duty To Inform Attorney General.--In carrying out the duties
of the Office, the Inspector General shall report expeditiously to the
Attorney General whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law.
``Sec. 1026. Whistleblower protection
``(a) In General.--No officer, employee, agent, contractor or
subcontractor in the Judicial Branch may discharge, demote, threaten,
suspend, harass or in any other manner discriminate against an employee
in the terms and conditions of employment because of any lawful act
done by the employee to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
possible violation of Federal law or regulation, or misconduct, by a
judge or any other employee in the Judicial Branch, which may assist
the Inspector General in the performance of duties under this chapter.
``(b) Civil Action.--An employee injured by a violation of
subsection (a) may, in a civil action, obtain appropriate relief.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 28, United States Code, is amended by adding at the end the
following new item:
``60. Inspector General for the Judicial Branch.''. | Judicial Transparency and Ethics Enhancement Act of 2007 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice. Sets a term of four years, which may be extended by additional reappointments. Authorizes the Chief Justice to remove an Inspector General from office.
Requires the Office, except with respect to the Supreme Court, to: (1) conduct investigations of alleged misconduct in the Judicial Branch; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse.
Provides for whistleblower protection. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to provide an Inspector General for the judicial branch, and for other purposes."} | 1,436 | 151 | 0.639472 | 1.666342 | 0.685255 | 4.796875 | 10.382813 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Health Care Subsidies for Illegal
Aliens Act of 2010''.
SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(a) Requirements for In-Person Attestation of Citizenship Status or
Status as Eligible Lawful Permanent Resident.--Section 1411 of the
Patient Protection and Affordable Care Act is amended--
(1) in subsection (a), by striking ``Establishment of
Program.--'' and all that follows through ``determining--'' and
inserting ``Verification Process.--The Secretary shall ensure
that eligibility determinations required by this Act are
conducted in accordance with the requirements of this section,
including requirements for determining--'';
(2) in subsection (a)(1), by inserting ``eligible'' before
``alien''; and
(3) in subsection (b)(1)--
(A) by striking ``provide--'' and inserting
``appear in person to provide the Exchange with the
following:''; and
(B) by redesignating subparagraph (B) as
subparagraph (C), by striking ``and'' at the end of
subparagraph (A), and by inserting after subparagraph
(A) the following:
``(B) a sworn statement, under penalty of perjury,
specifically attesting to the fact that the enrollee is
either--
``(i) a citizen or national of the United
States; or
``(ii) an alien who meets the requirements
under under subsection (a)(1) for eligibility
for coverage under a qualified health plan
offered through an Exchange; and''.
(b) Requirements for Establishment of Status.--
(1) In general.--Section 1411(b)(2) of such Act is amended
by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Evidence of citizenship or nationality.--In
the case of an enrollee whose eligibility is based on
attestation of citizenship of the enrollee,
satisfactory evidence, provided by the applicant, of
citizenship or nationality (within the meaning of
section 1903(x) of the Social Security Act (42 U.S.C.
1396b)).
``(B) Evidence of satisfactory immigration
status.--In the case of an enrollee whose eligibility
is based on attestation of the enrollee's immigration
status--
``(i) such information as is necessary for
the applicant to demonstrate that the enrollee
is in ``satisfactory immigration status'' as
defined and in accordance with the Systematic
Alien Verification for Entitlements (SAVE)
program established by section 1137 of the
Social Security Act (42 U.S.C. 1320b-7), and
``(ii) such other additional identifying
information as the Secretary, in consultation
with the Secretary of Homeland Security, may
require in order for the applicant to
demonstrate satisfactory immigration status of
the enrollee.''.
(2) Verification of eligibility by exchange through
documentation.--
(A) Eligibility verification by exchange.--Section
1411(c) of such Act is amended--
(i) by striking the subsection heading and
inserting ``Verification of Eligibility Through
Documentation.--''; and
(ii) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Each Exchange shall conduct eligibility
verification, using the information provided by an applicant
under subsection (b), in accordance with this subsection.
``(2) Verification of citizenship or immigration status.--
``(A) Verification of attestation of citizenship.--
Each Exchange shall verify, based on satisfactory
documentary evidence of citizenship or nationality
provided in accordance with subsection (b)(2)(A), the
eligibility for enrollment of each individual who has
been attested by an applicant, as required by
subsection (b)(1)(B), to be a citizen or national of
the United States.
``(B) Verification of attestation of eligible
immigration status.--Each Exchange shall verify, based
on evidence provided pursuant to subsection (b)(2)(B),
the eligibility for enrollment of each individual who
has been attested by an applicant, as required by
subsection (b)(1)(B), to be an alien who is eligible
for coverage under a qualified health plan offered
through an Exchange.''.
(B) Documentation provided with application.--
Section 1411(b)(1)(C) of such Act (as redesignated
under subsection (a)(3)(A)) is amended by inserting
``and documentation thereof in accordance with this
section'' before the period.
(3) Elimination of secretarial authority to make
modifications to methods for verification.--Section 1411(c)(4)
of such Act is amended--
(A) by striking ``Methods.--'' and all that follows
through ``The Secretary, in consultation'' and
inserting ``Methods.--The Secretary, in consultation'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(4) Conforming amendments relating to requirements for
secretarial verification.--
(A) In general.--Section 1411 of such Act is
amended by striking subsection (d) and redesignating
subsections (e) through (i) as subsections (d) through
(h), respectively.
(B) Additional conforming amendments.--Subsection
(d) of such section 1411 (as redesignated by
subparagraph (A)) is amended--
(i) in paragraph (1), by striking the last
sentence; and
(ii) in subparagraphs (A) and (B) of
paragraph (2), by striking ``subsections (c)
and (d)'' each place it appears and inserting
``subsection (c)''.
(5) Treatment of inconsistencies in accordance with
existing secondary verification process.--Section 1411(d)(3) of
such Act (as redesignated by paragraph (4)(A)) is amended by
striking ``under section 1902(ee) of the Social Security Act
(as in effect on January 1, 2010)'' and inserting ``in
accordance with the secondary verification process established
consistent with section 1137 of the Social Security Act (as in
effect as of January 1, 2009)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply as if included in the
enactment of the Patient Protection and Affordable Care Act. | No Health Care Subsidies for Illegal Aliens Act of 2010 - Amends the Patient Protection and Affordable Care Act, with respect to procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien; (2) require enrollees to provide satisfactory documentary evidence of citizenship or nationality or satisfactory immigration status; (3) require Exchanges to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence and (4) eliminate the authority of the Secretary of Health and Human Services (HHS) to modify the methods used by Exchanges to verify enrollee eligibility. | {"src": "billsum_train", "title": "To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status."} | 1,543 | 189 | 0.599802 | 1.582662 | 0.767301 | 2.877301 | 7.858896 | 0.877301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stewardship End Result Contracting
Project Act''.
SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--Title IV of the Omnibus Public Land Management Act
of 2009 is amended--
(1) by redesignating section 4004 (16 U.S.C. 7304) as
section 4005;
(2) by inserting after section 4003 (16 U.S.C. 7303) the
following:
``SEC. 4004. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
``(a) Definitions.--In this section:
``(1) Chief.--The term `Chief' means the Chief of the
Forest Service.
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management.
``(3) Eligible land.--The term `eligible land' means land
located on National Forest System land or Bureau of Land
Management land located west of the 100th meridian.
``(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private entities to
perform services to achieve land management goals for eligible land
that meets local and rural community needs.
``(c) Land Management Goals.--The land management goals of a
project under subsection (b) may include--
``(1) road and trail maintenance or obliteration to restore
or maintain water quality;
``(2) soil productivity, habitat for wildlife and
fisheries, or other resource values;
``(3) setting of prescribed fires to improve the
composition, structure, condition, and health of stands or to
improve wildlife habitat;
``(4) removing vegetation or other activities to promote
healthy forest stands, reduce fire hazards, or achieve other
land management objectives;
``(5) watershed restoration and maintenance;
``(6) restoration and maintenance of wildlife and fish; or
``(7) control of noxious and exotic weeds and
reestablishing native plant species.
``(d) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of
an agreement or contract under subsection (b) shall be selected
on a best-value basis, including consideration of source under
other public and private agreements or contracts.
``(2) Contract for sale of property.--A contract entered
into under this section may, at the discretion of the Secretary
of Agriculture, be considered a contract for the sale of
property under such terms as the Secretary may prescribe
without regard to any other provision of law.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director may enter
into a contract under subsection (b) in accordance with
section 3903 of title 41, United States Code.
``(B) Maximum.--The period of the contract under
subsection (b) may exceed 5 years but may not exceed 10
years.
``(4) Offsets.--
``(A) In general.--The Chief and the Director may
apply the value of timber or other forest products
removed as an offset against the cost of services
received under the agreement or contract described in
subsection (b).
``(B) Methods of appraisal.--The value of timber or
other forest products used as an offset under
subparagraph (A)--
``(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
``(ii) may--
``(I) be determined using a unit of
measure appropriate to the contracts;
and
``(II) may include valuing products
on a per-acre basis.
``(5) Relation to other laws.--Notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement
or contract under subsection (b).
``(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the
Interior may determine the appropriate contracting officer to
enter into and administer an agreement or contract under
subsection (b).
``(e) Receipts.--
``(1) In general.--The Chief and the Director may collect
monies from an agreement or contract under subsection (b) if
the collection is a secondary objective of negotiating the
contract that will best achieve the purposes of this section.
``(2) Use.--Monies from an agreement or contract under
subsection (b)--
``(A) may be retained by the Chief and the
Director; and
``(B) shall be available for expenditure without
further appropriation at the project site from which
the monies are collected or at another project site.
``(3) Relation to other laws.--
``(A) In general.--Notwithstanding any other
provision of law, the value of services received by the
Chief or the Director under a stewardship contract
project conducted under this section, and any payments
made or resources provided by the contractor, Chief, or
Director shall not be considered monies received from
the National Forest System or the public lands.
``(B) Knutson-vanderberg act.--The Act of June 9,
1930 (commonly known as the `Knutson-Vanderberg Act')
(16 U.S.C. 576 et seq.) shall not apply to any
agreement or contract under subsection (b).
``(f) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber, the Chief may collect deposits from a
contractor covering the costs of removal of timber or other forest
products under--
``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
``(2) and the Act of June 30, 1914 (16 U.S.C. 498).
``(g) Performance and Payment Guarantees.--
``(1) In general.--The Chief and the Director may require
performance and payment bonds under sections 28.103-2 and
28.103-3 of the Federal Acquisition Regulation, in an amount
that the contracting officer considers sufficient to protect
the investment in receipts by the Federal Government generated
by the contractor from the estimated value of the forest
products to be removed under a contract under subsection (b).
``(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource improvement
treatments, the Chief and the Director may--
``(A) collect any residual receipts under the Act
of June 9, 1930 (commonly known as the `Knutson-
Vanderberg Act') (16 U.S.C. 576 et seq.); and
``(B) apply the excess to other authorized
stewardship projects.
``(h) Monitoring and Evaluation.--
``(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation process that
accesses the stewardship contracting projects conducted under
this section.
``(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1) may
include--
``(A) any cooperating governmental agencies,
including tribal governments; and
``(B) any other interested groups or individuals.
``(i) Reporting.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Chief and the Director
shall report to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives on--
``(1) the status of development, execution, and
administration of agreements or contracts under subsection (b);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in the development of
agreements or contract plans.''; and
(3) in section 4005 (as so redesignated), by inserting ``,
other than section 4004'' after ``title''.
(b) Conforming Amendment.--Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; Public Law 105-277) is repealed. | Stewardship End Result Contracting Project Act - Amends the Omnibus Public Land Management Act of 2009 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for eligible land that meets local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Defines "eligible land" to mean land located on National Forest System land or Bureau of Land Management [BLM]) land located west of the 100th meridian. Repeals a section of the Department of the Interior and Related Agencies Appropriations Act, 1999 that provides for forest health protection. | {"src": "billsum_train", "title": "Stewardship End Result Contracting Project Act"} | 1,852 | 290 | 0.707236 | 2.144395 | 0.889111 | 7.156 | 6.728 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``McGee Creek Project Pipeline and
Associated Facilities Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the
United States of America and McGee Creek Authority for the
Purpose of Defining Responsibilities Related to and
Implementing the Title Transfer of Certain Facilities at the
McGee Creek Project, Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee
Creek Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED
FACILITIES.
(a) Authority To Convey.--
(1) In general.--In accordance with all applicable laws and
consistent with any terms and conditions provided in the
Agreement, the Secretary may convey to the Authority all right,
title, and interest of the United States in and to the pipeline
and any associated facilities described in the Agreement,
including--
(A) the pumping plant;
(B) the raw water pipeline from the McGee Creek
pumping plant to the rate of flow control station at
Lake Atoka;
(C) the surge tank;
(D) the regulating tank;
(E) the McGee Creek operation and maintenance
complex, maintenance shop, and pole barn; and
(F) any other appurtenances, easements, and fee
title land associated with the facilities described in
subparagraphs (A) through (E), in accordance with the
Agreement.
(2) Exclusion of mineral estate from conveyance.--
(A) In general.--The mineral estate shall be
excluded from the conveyance of any land or facilities
under paragraph (1).
(B) Management.--Any mineral interests retained by
the United States under this Act shall be managed--
(i) consistent with Federal law; and
(ii) in a manner that would not interfere
with the purposes for which the McGee Creek
Project was authorized.
(3) Compliance with agreement; applicable law.--
(A) Agreement.--All parties to the conveyance under
paragraph (1) shall comply with the terms and
conditions of the Agreement, to the extent consistent
with this Act.
(B) Applicable law.--Before any conveyance under
paragraph (1), the Secretary shall complete any actions
required under--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); and
(iv) any other applicable laws.
(b) Operation of Transferred Facilities.--
(1) In general.--On the conveyance of the land and
facilities under subsection (a)(1), the Authority shall comply
with all applicable Federal, State, and local laws (including
regulations) in the operation of any transferred facilities.
(2) Operation and maintenance costs.--
(A) In general.--After the conveyance of the land
and facilities under subsection (a)(1) and consistent
with the Agreement, the Authority shall be responsible
for all duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment
of the transferred land and facilities.
(B) Limitation on funding.--The Authority shall not
be eligible to receive any Federal funding to assist in
the operation, replacement, maintenance, enhancement,
and betterment of the transferred land and facilities,
except for funding that would be available to any
comparable entity that is not subject to reclamation
laws.
(c) Release From Liability.--
(1) In general.--Effective beginning on the date of the
conveyance of the land and facilities under subsection (a)(1),
the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to any
land or facilities conveyed, except for damages caused by acts
of negligence committed by the United States (including any
employee or agent of the United States) before the date of the
conveyance.
(2) No additional liability.--Nothing in this subsection
adds to any liability that the United States may have under
chapter 171 of title 28, United States Code.
(d) Contractual Obligations.--
(1) In general.--Except as provided in paragraph (2), any
rights and obligations under the contract numbered 0-07-50-
X0822 and dated October 11, 1979, between the Authority and the
United States for the construction, operation, and maintenance
of the McGee Creek Project, shall remain in full force and
effect.
(2) Amendments.--With the consent of the Authority, the
Secretary may amend the contract described in paragraph (1) to
reflect the conveyance of the land and facilities under
subsection (a)(1).
(e) Applicability of the Reclamation Laws.--Notwithstanding the
conveyance of the land and facilities under subsection (a)(1), the
reclamation laws shall continue to apply to any project water provided
to the Authority. | McGee Creek Project Pipeline and Associated Facilities Conveyance Act - Authorizes the Secretary of the Interior to convey to the McGee Creek Authority all U.S. rights to the pipeline and any associated facilities described in the Agreement Between the United States and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma. Excludes the mineral estate from the conveyance.
Requires the Secretary to complete any actions required under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and the National Historic Preservation Act before such conveyance.
Provides that any rights and obligations under a specified contract between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project shall remain in force. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to convey to the McGee Creek Authority certain facilities of the McGee Creek Project, Oklahoma, and for other purposes."} | 1,179 | 191 | 0.666429 | 2.084873 | 0.828314 | 4.371622 | 7.060811 | 0.952703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Informed Choice Act''.
SEC. 2. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
(a) In General.--The Secretary of Health and Human Services may
make grants for the purchase of ultrasound equipment. Such ultrasound
equipment shall be used by the recipients of such grants to provide,
under the direction and supervision of a licensed medical physician,
free ultrasound examinations to pregnant women needing such services.
(b) Eligibility Requirements.--An entity may receive a grant under
subsection (a) only if the entity meets the following conditions:
(1) The entity is a nonprofit private organization that is
approved by the Internal Revenue Service as a tax-exempt entity
under section 501(c)(3) of the Internal Revenue Code of 1986.
(2) The entity operates as a community based pregnancy help
medical clinic, as defined in subsection (f).
(3) The entity provides medical services to pregnant women
under the guidance and supervision of a physician who serves as
the medical director of the clinic and is duly licensed to
practice medicine in the State in which the entity is located.
(4) The entity is legally qualified to provide such medical
services to pregnant women and is in compliance with all
Federal, State, and local requirements for the provision of
such services.
(5) The entity agrees to comply with the following medical
procedures:
(A) Each pregnant woman upon whom the ultrasound
equipment is used will be shown the visual image of the
fetus from the ultrasound examination and will be given
a general anatomical and physiological description of
the characteristics of the fetus.
(B) Each pregnant women will be given, according to
the best medical judgment of the physician performing
the ultrasound examination or the physician's agent
performing such exam, the approximate age of the embryo
or fetus considering the number of weeks elapsed from
the probable time of the conception of the embryo or
fetus, based upon the information provided by the
client as to the time of her last menstrual period, her
medical history, a physical examination, or appropriate
laboratory tests.
(C) Each pregnant woman will be given information
on abortion and alternatives to abortion such as
childbirth and adoption and information concerning
public and private agencies that will assist in those
alternatives.
(D) The entity will obtain and maintain medical
malpractice insurance in an amount not less than
$1,000,000, and such insurance will cover all
activities relating to the use of the ultrasound
machine purchased with the grant under subsection (a).
(6) The entity does not receive more than 30 percent of its
gross annual revenue from a single source or donor.
(c) Limitation on Individual Grant Amount.--No grant under
subsection (a) may be made in an amount that exceeds an amount equal to
50 percent of the purchase price cost of the ultrasound machine
involved, or $20,000, whichever is less.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Annual Report to Secretary.--A grant may be made under
subsection (a) only if the applicant for the grant agrees to report on
an annual basis to the Secretary, in such form and manner as the
Secretary may require, on the ongoing compliance of the applicant with
the eligibility conditions established in subsection (b).
(f) Definitions.--For purposes of this Act:
(1) The term ``community based pregnancy help medical
clinic'' means a facility that--
(A) provides free medical services to pregnant
women under the supervision and direction of a licensed
physician who serves as the medical director for such
clinic; and
(B) does not charge for any services rendered to
its clients, whether or not such services are for
pregnancy or nonpregnancy related matters.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,000,000
for fiscal year 2006, and such sums as may be necessary for each of the
fiscal years 2007 through 2009. | Informed Choice Act - Allows the Secretary of Health and Human Services to make grants to nonprofit community based pregnancy help medical clinics for the purchase of ultrasound equipment. Requires each grantee to: (1) provide free ultrasound examinations to pregnant women; (2) show the visual image of the fetus from the ultrasound examination to each pregnant woman with a general anatomical and physiological description of the fetus; (3) give each pregnant woman the approximate age of the embryo or fetus; (4) provide information on abortion and alternatives to abortion, such as childbirth and adoption, and information concerning public and private agencies that will assist in those alternatives; and (5) obtain medical malpractice insurance. Limits each grant to the lesser of 50 percent of the purchase price of the ultrasound machine involved or $20,000. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to women needing such services, and for other purposes."} | 938 | 174 | 0.627192 | 1.972274 | 0.788345 | 3.844156 | 5.87013 | 0.948052 |
SECTION 1. SMALL BUSINESS JOINT VENTURE LOAN PROGRAM FOR THE FORMER
SOVIET UNION.
(a) Establishment of Program.--The Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 is amended by
adding at the end the following new title:
``TITLE XI--SMALL BUSINESS JOINT VENTURE LOAN PROGRAM
``SEC. 1101. PURPOSE.
``It is the purpose of this title to assist United States small
businesses expand into markets in the independent states of the former
Soviet Union, thereby developing those markets to the benefit of United
States small businesses and the United States economy.
``SEC. 1102. ESTABLISHMENT OF SMALL BUSINESS JOINT VENTURE PROGRAM.
``(a) In General.--The Secretary of State shall carry out a program
in accordance with this title to support the establishment by United
States small businesses and Independent States small businesses or
entrepreneurs of joint ventures to engage in business activity in the
independent states of the former Soviet Union.
``(b) Examples of Business Areas.--Joint ventures supported under
this title may include joint ventures in areas such as manufacturing,
telecommunications, energy production, environmental protection,
agriculture, housing, aviation, and defense conversion.
``SEC. 1103. LOANS TO JOINT VENTURES.
``(a) Authorization.--The Secretary is authorized to make loans in
accordance with this section for joint ventures described in section
1102(a).
``(b) Criteria.--The Secretary shall use the following criteria in
determining which joint ventures receive a loan under this section:
``(1) Preference shall be given to joint ventures involving
United States small businesses located in economically
depressed communities.
``(2) Preference shall be given to loans that will be most
cost-effective.
``(3) Preference shall be given to joint ventures that have
the greatest likelihood of success. A loan may not be made to a
joint venture if the Secretary determines that the joint
venture is unlikely to be successful.
``(4) Preference shall be given to joint ventures that are
most likely to benefit the participating United States small
businesses and the United States economy.
``(5) Preference shall be given to joint ventures in
which--
``(A) the participating United States small
business will provide the management, accounting,
marketing, training, and other business expertise
needed by the joint venture; and
``(B) the participating Independent States small
business or entrepreneur will provide entrepreneurship,
the understanding of local needs and conditions, and
the local resources needed by the joint venture.
``(6) Preference shall be given to joint ventures that will
produce goods that are to be used, or services that are to be
provided, within the independent states of the former Soviet
Union.
``(c) Limitations on Amount of Loan.--A loan under this section may
not exceed $100,000. Not more than one loan may be made for any single
joint venture.
``(d) Term and Repayment of Loans.--The following shall apply with
respect to any loan under this section:
``(1) The Secretary shall determine the term of the loan.
``(2) Payments of principal shall not be required during
the 1st 3 years of the loan.
``(3) Interest shall not accrue during the 1st 5 years of
the loan. Thereafter, the rate of interest shall be based on
the average of the Consumer Price Index (all items--United
States city average), published monthly by the Bureau of Labor
Statistics in the Department of Labor, for such period prior to
the due date for each interest payment as the Secretary may
determine.
``(e) Prohibition on Transfer of Jobs From the United States.--A
loan may not be made to a joint venture under this section if, as a
result of that joint venture, the United States small business
participating in the joint venture would transfer any business
operation or activity that it has been carrying out in the United
States to any location outside the United States.
``(f) Prohibition on Imports to the United States.--
``(1) In general.--Goods produced pursuant to any joint
venture that receives a loan under this section may not be
imported into the United States, including as parts or
components of other goods.
``(2) Enforcement.--The Secretary and the Secretary of the
Treasury shall take appropriate steps to implement and enforce
paragraph (1). Such steps shall include a requirement that any
joint venture that receives a loan under this section and
produces any goods for export submit to the Secretary such
information as the Secretary may require regarding the foreign
recipient of any such goods that are to be exported, the
identifying characteristics of such goods, and the amount of
goods to be exported. The Secretary shall provide such lists to
the Commissioner of Customs.
``SEC. 1104. OTHER ACTIVITIES TO FACILITATE THE ESTABLISHMENT OF JOINT
VENTURES.
``(a) Database Contractor.--
``(1) In general.--In order to facilitate the establishment
of joint ventures that would be eligible to receive a loan
under section 1103(a), the Secretary shall enter into a
contract with an eligible private business entity (hereinafter
in this section referred to as the `contractor') for the
development and maintanence by the contractor of the database
described in subsection (b).
``(2) Selection of contractor.--The Secretary shall use
competitive procedures in selecting the contractor and shall
award the contract required by paragraph (1) within 60 days
after the date of enactment of this section.
``(3) Limitation on contract amount; budget act
requirements.--(A) Subject to subparagraphs (B) and (C), the
Secretary shall determine the amount of the contract awarded
pursuant to this subsection.
``(B) The contract awarded pursuant to this subsection may
not require the United States Government to make payments to
the contractor that in the aggregate exceed $3,000,000 for any
fiscal year.
``(C) The United States Government shall be obligated to
make outlays under the contract required by this subsection
only to the extent that the budget authority for such outlays
is provided in advance by appropriation Acts.
``(b) Database.--The database provided for in subsection (a) shall
list--
``(1) United States small businesses that are interested in
participating in a joint venture that would be eligible to
receive a loan under section 1103(a); and
``(2) Independent States small businesses or entrepreneurs
that have submitted a proposal for the establishment of a joint
venture that would be eligible to receive a loan under section
1103(a).
The database shall include information regarding the types of business
activity in which each such business is involved.
``(c) Submission and Distribution of Proposals for Joint
Ventures.--
``(1) Submission to the secretary.--The Secretary shall
accept proposals for joint ventures submitted by Independent
States small businesses or entrepreneurs and shall forward them
to the contractor.
``(2) Distribution by the contractor.--The contractor shall
provide information about each such proposal to United States
small businesses listed in the database established pursuant to
subsection (a) that would be qualified to participate in the
proposed joint venture.
``(d) Review of Proposed Joint Ventures by the Contractor.--Each
application for a loan under section 1103(a) shall be submitted to the
contractor. The contractor--
``(1) shall determine whether the Independent States small
business or entrepreneur that would be participating in the
proposed joint venture has the resources it claims it will
contribute to the joint venture; and
``(2) shall make a recommendation to the Secretary with
respect to whether a loan should be made for the proposed joint
venture based on the criteria set forth in section 1103(b).
``(e) Publicizing Program.--
``(1) United states small businesses.--The Secretary shall
take appropriate steps to make United States small businesses
aware of the database established pursuant to subsection (a)
and the loan program established pursuant to section 1103. Such
steps shall include publication of information about the
database and the program in the Federal Register.
``(2) Independent states small businesses or
entrepreneurs.--The Secretary shall also take appropriate steps
to make Independent States small businesses or entrepreneurs
aware of the database and the loan program.
``SEC. 1105. AUTHORIZATION OF APPROPRIATIONS.
``(a) Loan Program.--There are authorized to be appropriated
$100,000,000 to carry out section 1103, including for the cost (as
defined in section 502 of the Federal Credit Reform Act of 1990) of
loans.
``(b) Database Costs.--There are authorized to be appropriated
$3,000,000 for each fiscal year for payments pursuant to the contract
provided for in section 1104(a).
``SEC. 1106. DEFINITIONS.
``(a) Economically Depressed Community.--For purposes of this
title, the term `economically depressed community' means a rural or
urban community which, relative to other communities in the United
States, is depressed in terms of age of housing, the extent of poverty,
the growth rate of per capita income, the extent of unemployment, job
lag, or the extent of surplus labor.
``(b) Eligible Private Business Entity.--For purposes of this
title, the term `eligible private business entity' means a United
States small business that--
``(1) has experience in business activity in at least one
independent state of the former Soviet Union; and
``(2) has its main business office within the metropolitian
Washington, D.C., area.
``(c) Independent States Small Business or Entrepreneur.--For
purposes of this title, the term `Independent States small business or
entrepreneur' means--
``(1) a small business that is organized under the laws of
an independent state of the former Soviet Union and that is
more than 50 percent owned by citizens of the independent
states (as determined under regulations of the Secretary); or
``(2) an entrepreneur who is a citizen of an independent
state and is a resident of an independent state.
``(d) Secretary.--For purposes of this title, the term `Secretary'
means the Secretary of State.
``(e) Small Business.--For purposes of this title, the term `small
business'--
``(1) in the case of United States small businesses, means
an organization that is a small business concern for purposes
of the Small Business Act; and
``(2) in the case of Independent States small businesses,
means an organization that is determined to be a small business
by the Secretary using criteria comparable to those used for
identifying small business concerns for purposes of the Small
Business Act.
``(f) United States Small Business.--For purposes of this title,
the term `United States small business' means a small business--
``(1) that is organized under the laws of the United States
(including any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the Virgin Islands, or
any other territory or possession of the United States); and
``(2) that is more than 50 percent owned by United States
citizens (as determined under regulations of the Secretary).''.
(b) Conforming Amendment.--The table of contents in section 2 of
the Freedom for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992 is amended by adding at the end the
following:
``TITLE XI--SMALL BUSINESS JOINT VENTURE LOAN PROGRAM
``Sec. 1101. Purpose.
``Sec. 1102. Establishment of small business joint venture program.
``Sec. 1103. Loans to joint ventures.
``Sec. 1104. Other activities to facilitate the establishment of joint
ventures.
``Sec. 1105. Authorization of appropriations.
``Sec. 1106. Definitions.''. | Amends the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to direct the Secretary of State to support the establishment by U.S. small businesses and independent state small businesses or entrepreneurs of joint ventures to engage in business activity in the independent states of the former Soviet Union. Authorizes the Secretary to make loans for joint ventures. Establishes loan preference criteria, limitations, and repayment terms.
Prohibits: (1) loans to a joint venture if, as a result of the joint venture, a U.S. small business would transfer any business activity that it has been carrying out to a location outside the United States; and (2) goods produced pursuant to a joint venture that receives a loan from being imported into the United States.
Provides for a contract with a private entity for the establishment of a data base to facilitate joint ventures between U.S. and independent state small businesses.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the FREEDOM Support Act to establish a program to provide loans for joint ventures between United States small businesses and small businesses or entrepreneurs in the independent states of the former Soviet Union."} | 2,654 | 214 | 0.624723 | 1.810958 | 1.024832 | 3.915254 | 13.954802 | 0.909605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Federal Workplace Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Secondhand smoke contains more than 4,000 chemicals,
including at least 69 carcinogens.
(2) Secondhand smoke is responsible for almost 50,000
deaths in the United States each year.
(3) In 2006, the Surgeon General of the United States
concluded that there is no safe level of exposure to secondhand
smoke.
(4) Secondhand smoke causes lung cancer and heart disease
among adults who do not smoke.
(5) Workplaces are a major source of secondhand smoke
exposure.
(6) The Surgeon General has concluded that smoke-free
workplace policies are the only effective way to eliminate
secondhand smoke exposure in the workplace. Separating smokers
from nonsmokers, cleaning the air, and ventilating buildings
cannot eliminate exposure.
(7) An October 2009 report ``Secondhand Smoke Exposure and
Cardiovascular Effects: Making Sense of the Evidence'' from the
Institute of Medicine concludes that smoke-free laws reduce
heart attacks.
(8) A July 2009 Institute of Medicine report, ``Combating
Tobacco Use in Military and Veteran Populations'', recommended
that the Department of Defense, the Armed Services, and the
Veterans Administration ``raise the priority given to tobacco
control throughout their organizations'' with the goal of
achieving a tobacco-free military.
SEC. 3. SMOKE-FREE FEDERAL BUILDINGS.
(a) Smoke-Free Federal Buildings.--Not later than 90 days after the
date of the enactment of this Act, smoking shall be prohibited in
Federal buildings.
(b) Enforcement.--
(1) Executive branch buildings.--Each agency head or a
designee shall take such actions as may be necessary to
institute and enforce the prohibition contained in subsection
(a) as such prohibition applies to all Federal buildings owned
or leased for use by an Executive Agency.
(2) Judicial branch buildings.--The Director of the
Administrative Office of the United States Courts shall take
such actions as may be necessary to institute and enforce the
prohibition contained in subsection (a) as such prohibition
applies to all Federal buildings owned or leased for use by an
establishment in the judicial branch of the Government.
(3) Legislative branch buildings.--
(A) House of representatives.--The House Office
Building Commission shall take such actions as may be
necessary to institute and enforce the prohibition
contained in subsection (a) as such prohibition applies
to Federal buildings owned or leased for use by the
House of Representatives.
(B) Senate.--The Committee on Rules and
Administration of the Senate shall take such actions as
may be necessary to institute and enforce the
prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by the Senate.
(C) Other establishments.--The Architect of the
Capitol shall take such actions as may be necessary to
institute and enforce the prohibition contained in
subsection (a) as such prohibition applies to all
Federal buildings owned or leased for use by an
establishment in the legislative branch of the
Government (other than the House of Representatives and
the Senate).
(4) Fines for noncompliance.--
(A) In general.--Each of the officials referred to
in paragraphs (1) through (3) shall implement an
enforcement process to impose a fine on an individual
who fails to comply with the prohibition contained in
subsection (a).
(B) Fine amounts.--The official shall impose a fine
of $250.00 for a first offense, $500.00 for a second
offense, and $1,000 for any subsequent offense.
SEC. 4. PREEMPTION.
(a) In General.--Nothing in this Act is intended to preempt any
provision of a law in a State or political subdivision of a State that
is more protective than a provision of this Act.
(b) More Protective Laws.--Nothing in the Act shall be interpreted
as prohibiting a Federal agency or department, including a military
installation or Veterans Administration facility from implementing more
protective smoke-free or tobacco-free laws.
SEC. 5. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Executive agency.--The term ``Executive agency'' has
the same meaning such term has under section 105 of title 5,
United States Code.
(2) Federal agency.--The term ``Federal agency'' means any
Executive agency and any establishment in the legislative or
judicial branches of the Government.
(3) Federal building.--The term ``Federal building'' means
any building or other structure (or portion thereof) and 25
feet from the perimeter of such building, courtyard, areas used
for children's playgrounds, or structure owned, leased, or
leased for use by a Federal agency; except that such term does
not include any building or other structure on a military
installation, any health care facility under the jurisdiction
of the Secretary of Veterans Affairs, or any area of a building
that is used primarily as living quarters.
(4) Military installation.--The term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other facility under the
jurisdiction of the Department of Defense, including any leased
facility. Such term does not include any facility used
primarily for civil works (including any rivers and harbors
project or flood control project) or buildings used by civilian
defense employees. | Smoke-Free Federal Workplace Act - Prohibits smoking in federal buildings.
Defines "federal building" to: (1) include any building, any area within 25 feet of such building, any courtyard, any areas used for children's playgrounds, or any structure owned, leased, or leased for use by a federal agency; and (2) exclude any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs (VA), or any area of a building that is used primarily as living quarters.
Requires the head of each executive agency, the Director of the Administrative Office of the United States Courts, the House Office Building Commission and the Senate Committee on Rules and Administration, and the Architect of the Capitol to: (1) take such actions as necessary to institute and enforce the prohibition as it applies to all federal buildings; and (2) implement an enforcement process to impose a fine on an individual who fails to comply with the prohibition ($250 fine for a first offense, $500 for a second offense, and $1,000 for any subsequent offense).
Permits a state or local government or a federal agency, including a military installation or VA facility, to implement more protective smoke-free or tobacco-free laws. | {"src": "billsum_train", "title": "To prohibit smoking in and around Federal buildings."} | 1,205 | 272 | 0.632745 | 1.980253 | 0.731208 | 4.627451 | 4.392157 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Technical Revisions Act
of 1997''.
Sec. 2. (a) Section 240A, subsection (e), of the Immigration and
Nationality Act is amended--
(1) in the first sentence, by striking ``this section'' and
inserting in lieu thereof ``section 240A(b)(1)'';
(2) by striking ``, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility act of 1996),''; and
(3) by striking the last sentence in the subsection and
inserting in lieu thereof ``The previous sentence shall apply
only to removal cases commenced on or after April 1, 1997,
including cases where the Attorney General exercises authority
pursuant to paragraph (2) or (3) of section 309(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (P.L. 104-208, Division C, 110 Stat. 3009).''.
(b) Section 309, subsection (c), of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110
Stat. 3009) is amended by striking paragraph (7).
(c) Section 240A of the Immigration and Nationality Act is
amended--
(1) in subsection (b), paragraph (3), by striking ``(1) or
(2)'' in the first and third sentences of that paragraph and
inserting in lieu thereof ``(1), (2), or (3)'';
(2) in subsection (b), by redesignating paragraph (3) as
paragraph (4);
(3) in subsection (d), paragraph (1), by striking ``this
section.'' and inserting in lieu thereof ``subsections (a),
(b)(1), and (b)(2).''; and
(4) in subsection (b), by adding after paragraph (2) the
following new paragraph:
``(3) Special rule for certain aliens covered by the
settlement agreement in american baptist churches et al. v.
thornburgh (abc), 760 f. supp. 796 (n.d. cal. 1991).--
``(A) The Attorney General may, in his or her
discretion, cancel removal and adjust the status from
such cancellation in the case of an alien who is
removable from the United States if the alien
demonstrates that--
``(i) the alien has not been convicted at
any time of an aggravated felony, and
``(I) was not apprehended after
December 19, 1990, at the time of
entry, and is either--
``(aa) a Salvadoran
national who first entered the
United States on or before
September 19, 1990, who
registered for benefits
pursuant to the ABC settlement
agreement on or before October
31, 1991, or applied for
Temporary Protected Status on
or before October 31, 1991; or
``(bb) a Guatemalan
national who first entered the
United States on or before
October 1, 1990, and who
registered for benefits
pursuant to the ABC settlement
agreement by December 31, 1991;
or
``(cc) the spouse or
unmarried son or daughter of an
alien described in (aa) who
entered the United States on or
before September 19, 1990, or
the spouse or unmarried son or
daughter of an alien described
in (bb) who entered the United
States on or before October 1,
1990; or
``(II) is a Nicaraguan, Guatemalan,
or Salvadoran who filed an application
for asylum with the Immigration and
Naturalization Service before April 1,
1990, and the Immigration and
Naturalization Service had not granted,
denied, or referred that application as
of April 1, 1997; and
``(ii) the alien is not described in
paragraph (4) of section 237(a) or paragraph
(3) of section 212(a) of the Act; and
``(iii) the alien--
``(I) is removable under any law of
the United States except the provisions
specified in subclause (II) of this
clause, has been physically present in
the United States for a continuous
period of not less than seven years
immediately preceding the date of such
application, and proves that during all
of such period he was and is a person
of good moral character, and is a
person whose removal would, in the
opinion of the Attorney General, result
in extreme hardship to the alien or to
his spouse, parent, or child, who is a
citizen of the United States or an
alien lawfully admitted for permanent
residence; or
``(II) is removable under paragraph
(2) (other than section
237(a)(2)(A)(iii)) of section 237(a),
paragraph (3) of section 237(a), or
paragraph (2) of section 212(a), has
been physically present in the United
States for a continuous period of not
less than 10 years immediately
following the commission of an act, or
the assumption of a status,
constituting a ground for deportation,
and proves that during all of such
period he has been and is a person of
good moral character, and is a person
whose removal would, in the opinion of
the Attorney General, result in
exceptional and extremely unusual
hardship to the alien or to his spouse,
parent or child, who is a citizen of
the United States, or an alien lawfully
admitted for permanent residence.
``(B) Subsection (d) of this section shall not
apply to determinations under this paragraph, and an
alien shall not be considered to have failed to
maintain continuous physical presence in the United
States under clause (A)(iii) of this paragraph if the
alien demonstrates that the absence from the United
States was brief, casual, and innocent, and did not
meaningfully interrupt the continuous physical
presence.''.
(d) The amendments made by this section shall be effective as if
included in the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).
Sec. 3. Any alien who has become eligible for suspension of
deportation or cancellation of removal as a result of the amendments
made by section 2, may, notwithstanding any other limitations on
motions to reopen imposed by the Immigration and Nationality Act or by
regulation, file one motion to reopen to apply for suspension of
deportation or cancellation of removal. The Attorney General shall
designate a specific time period in which all such motions to reopen
must be filed. The period must begin no later than 120 days after the
date of enactment of this Act and shall extend for a period of 180
days. | Immigration Technical Revisions Act of 1997 - Amends the Immigration and Nationality Act (and the Illegal Immigration and Immigrant Responsibility Act of 1996) to authorize the Attorney General to cancel the removal and adjust the status of certain Central American aliens. | {"src": "billsum_train", "title": "Immigration Technical Revisions Act of 1997"} | 1,464 | 55 | 0.475198 | 1.129423 | 0.853462 | 3.068182 | 32.681818 | 0.931818 |
SECTION 1. DRUG-FREE COMMUNITIES SUPPORT PROGRAM.
(a) Short Title.--Chapter 2 of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1521 et seq.), (referred to in this section as
``the Act'') is amended by inserting after the chapter heading the
following:
``SEC. 1020. SHORT TITLE.
``This chapter may be cited as the `Drug-Free Communities Act'.''.
(b) Extension and Increase in Program.--Section 1024(a) of the Act
(21 U.S.C. 1524(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) $55,000,000 for fiscal year 2003;
``(7) $60,000,000 for fiscal year 2004;
``(8) $65,000,000 for fiscal year 2005; and
``(9) $70,000,000 for fiscal year 2006.''.
(c) Administrative Costs.--Section 1024(b) of the Act (21 U.S.C.
1524(b)) is amended by striking ``amounts authorized'' and inserting
``amounts made available''.
(d) Extension of Limitation on Administrative Costs.--Section
1024(b) of the Act (21 U.S.C. 1524(b)) is amended by adding at the end
the following new paragraph:
``(6) 3 percent for each of fiscal years 2003 through
2006.''.
(e) Modification of Amount for Grant Renewals.--Section 1032 of the
Act (21 U.S.C. 1532) is amended--
(1) by striking clause (iv) of subsection (b)(1)(A) and
inserting the following:
``(iv) Limitations.--
``(I) Funding levels.--Except as
provided in subclause (II), the amount
of a grant award under this
subparagraph may not exceed $100,000
for a fiscal year. In the second year
of the grant award period, upon
successful reapplication, a grant
recipient is eligible to maintain its
funding level at 100 percent of the
original award. In the third year of
the grant award period, upon successful
reapplication, a grant recipient is
eligible to maintain its funding level
at 75 percent of the original award. In
the fourth and fifth years of the grant
award period, upon successful
reapplication, a grant recipient is
eligible to maintain its funding level
at 50 percent of the original award.
``(II) Exceptions.--Any grant
recipient receiving an award of $50,000
or less is eligible in a subsequent
fiscal year of the grant award period,
upon successful reapplication, to
receive not less than that amount. A
grant recipient receiving an award
amount greater than $50,000 and
successfully reapplying for a grant
award shall not have its funding level
reduced below $50,000 in any subsequent
fiscal year of the grant award
period.''; and
(2) by adding at the end the following new subsection:
``(c) Modification of Eligibility Criteria.--The Administrator may
not implement any modification in the criteria specified in subsection
(a) for eligibility for the renewal of a grant award under this section
without consulting the Advisory Commission.''.
SEC. 2. REPORTING REQUIREMENTS.
(a) Study.--The Director of the Office of National Drug Control
Policy shall conduct a study that evaluates the need, if any, to
increase administrative costs for the Drug-Free Communities Act
(referred to in this section as ``the Act'').
(b) Report.--After the completion of the study described in
subsection (a), but not later than 90 days after the date of the
enactment of this Act, the Director shall submit to Congress a report
that includes the findings of such study and--
(1) information regarding current staffing levels and
administrative requirements necessary to carry out the Act;
(2) the necessity, if any, and justification of an increase
in administrative funds, including the amount of such increase,
to carry out the Act;
(3) what programs or activities any proposed increase will
support and a description of how such programs or activities
will improve grant performance, application processing, grant
administration, and program support, including support for the
Advisory Commission established under the Act;
(4) a specific accounting of the amount or percentage of
any such increase which will be used by Federal agencies
involved in administering or supporting the program established
under the Act; and
(5) an analysis of expected outcomes if administrative
funds are increased and what measures the Director and the
Attorney General will take to limit administrative costs in the
future.
SEC. 3. ANTIDRUG COALITION INSTITUTE.
(a) In General.--The Director of the Office of National Drug
Control Policy may make grants to an organization to provide for the
establishment of a National Community Antidrug Coalition Institute.
(b) Requirements.--The organization receiving a grant under
subsection (a) shall--
(1) be a national nonprofit organization that represents,
provides technical assistance and training to, and has special
expertise and broad, national-level experience in community
antidrug coalitions; and
(2) establish a National Community Antidrug Coalition
Institute that will--
(A) provide education, training, and technical
assistance for coalition leaders and community teams;
(B) conduct research, testing, and diffusion of
tools, mechanisms, and measures to better evaluate and
document coalition performance measures and outcomes;
and
(C) bridge the gap between research and practice by
translating knowledge from research into practical
information.
(c) Authorization.--There are authorized to be appropriated
$2,000,000 for each of fiscal years 2002 and 2003 to make grants as
provided in this section. | Increases and extends through FY 2006 the authorization of appropriations to the Office of National Drug Control Policy (Office) for the drug-free communities support program. Modifies grant renewal funding levels.
Requires the Office Director to study the need to increase administrative costs under the program. Authorizes the Director to make grants to an organization to establish a National Community Antidrug Coalition Institute. | {"src": "billsum_train", "title": "Drug-Free Communities Act"} | 1,300 | 84 | 0.505122 | 1.303487 | 0.79562 | 2.633803 | 16.760563 | 0.887324 |
SECTION 1. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 302
ALLOCATIONS AND SUBALLOCATIONS.
Section 302(e) of the Congressional Budget Act of 1974 is amended
by inserting ``(1)'' before ``At'' and by adding at the end the
following new paragraphs:
``(2) If--
``(A) a general appropriation bill as reported by the
Committee on Appropriations of the House of Representatives is
amended and that bill as passed by the House reduces the amount
appropriated for any program, project, or activity from the
amount appropriated for that program, project, or activity in
that bill as so reported; and
``(B) that bill as passed by the Senate reduces the amount
appropriated for the same program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as reported initially in the House of
Representatives;
then, upon the passage of that bill by both Houses of Congress, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to the subcommittee with
jurisdiction over that measure shall be reduced by the sum of the
lesser amount of reductions made for each such program, project, or
activity by the House of Representatives or the Senate, as the case may
be, and that committee shall report to its House--
``(i) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(ii) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under clause (i).
``(3) Further Adjustments of Appropriations Committees Allocations
and Suballocations.--Upon the enactment of any rescission bill, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to any subcommittee with
jurisdiction over that bill shall be reduced by the sum of the
rescissions contained in that bill over which it has jurisdiction, and
that committee shall report to its House--
``(A) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(B) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under subparagraph (A).''.
SEC. 2. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 602 ALLOCATIONS
AND SUBALLOCATIONS.
Section 602 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsections:
``(f) Adjustments of Appropriations Committees Allocations and
Suballocations.--If--
``(1) a general appropriation bill as reported by the
Committee on Appropriations of the House of Representatives is
amended and that bill as passed by that House reduces the
amount appropriated for any program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as so reported; and
``(2) that bill as passed by the Senate reduces the amount
appropriated for the same program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as reported initially in the House of
Representatives;
then, upon the passage of that bill by both Houses of Congress, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to the subcommittee with
jurisdiction over that measure shall be reduced by the sum of the
lesser amount of reductions made for each such program, project, or
activity by the House of Representatives or the Senate, as the case may
be, and that committee shall report to its House--
``(A) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(B) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under subparagraph (A).
``(g) Further Adjustments of Appropriations Committees Allocations
and Suballocations.--Upon the passage of any rescission bill by both
Houses of Congress, the suballocations for that fiscal year made by
each Committee on Appropriations under subsection (b)(1) to any
subcommittee with jurisdiction over that bill shall be reduced by the
sum of the rescissions contained in that bill over which it has
jurisdiction, and that committee shall report to its House--
``(1) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(2) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under paragraph (1).''.
SEC. 3. CBO TRACKING.
Section 202 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(i) Scorekeeping Assistance.--To facilitate compliance by the
Committees on Appropriations with sections 302(e)(2) and 602(f), the
Office shall score all general appropriation measures as passed the
House of Representatives and as passed the Senate and have such
scorecard published in the Congressional Record.''.
SEC. 4. ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.
Section 601(a)(2) of the Congressional Budget Act of 1974 is
amended by inserting before the period at the end the following: ``and
by the amounts of any adjustments pursuant to section 602(f)(2)(B) and
section 602(g)(2)''. | Amends the Congressional Budget Act of 1974 to provide for downward adjustment in Appropriations Committees' allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures. | {"src": "billsum_train", "title": "A bill entitled the \"Guaranteed Deficit Reduction Act of 1993\"."} | 1,332 | 67 | 0.578146 | 1.304968 | 0.818376 | 1.72093 | 26.116279 | 0.697674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runway Safety Improvement Act of
2008''.
SEC. 2. STRATEGIC PLAN FOR RUNWAY SAFETY.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration (referred to in this Act as the ``Administrator'') shall
develop and submit to Congress a report that contains a strategic
runway safety plan.
(b) Contents of Plan.--The strategic runway safety plan submitted
under subsection (a) shall--
(1) include--
(A) goals to improve runway safety;
(B) a description of near- and longer-term actions
designed to reduce the severity, number, and rate of
runway incursions;
(C) time frames and resources needed for the
actions described in subparagraph (B); and
(D) a plan to implement a continuous evaluative
process to track performance toward the goals referred
to in subparagraph (A); and
(2) address the increased runway safety risk associated
with the expected increases in the volume of air traffic.
(c) Audit of Strategic Runway Safety Plan.--The Comptroller General
of the United States shall--
(1) conduct an audit of the plan developed under subsection
(a); and
(2) submit periodic reports to the Committee on Commerce,
Science, and Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of
Representatives that describe--
(A) the efficacy of the runway safety plan in
reducing runway safety risks; and
(B) the progress of the Federal Aviation
Administration in complying with the plan.
SEC. 3. TECHNOLOGY IMPROVEMENTS.
(a) Plan and Schedule for Installation and Deployment of Systems To
Provide Alerts of Potential Runway Incursions.--
(1) Deployment plan.--Not later than December 31, 2008, the
Administrator shall submit to Congress a plan for the
installation of and deployment schedule for systems to alert
air traffic controllers and flight crews of potential runway
incursions at--
(A) the 35 commercial airports in the United States
that are most at risk of runway incursions; and
(B) general aviation airports identified by the
Administrator as being most at risk of runway
incursions.
(2) Contents.--The plan submitted under paragraph (1)
shall--
(A) ensure existing technology for improved
situational awareness is available to pilots of
commercial and large general aviation aircraft;
(B) enhance the value of investments in surface
movement detection systems by ensuring that runway
incursion alert data collected by such systems are
automatically and directly transmitted to flight crews;
and
(C) ensure that airports most at risk of runway
incursions receive priority for the installation of
advanced surface movement detection systems.
(3) Objectives.--The installation and deployment schedule
required under paragraph (1) shall ensure that--
(A) not later than March 31, 2009, the
Administrator certifies an integrated aircraft and
ground-based capability that transmits runway incursion
alerts generated by advanced surface movement detection
systems to pilots without controller intervention;
(B) not later than December 31, 2009, capability
providing aural indication of own aircraft position
relative to airport runways is installed on--
(i) all aircraft operated pursuant to part
121 or 135 of title 14, Code of Federal
Regulations, with more than 10 seats; and
(ii) all turbine-powered aircraft operated
pursuant to part 91 of such title 14, with more
than 6 seats;
(C) not later than June 30, 2010, the Administrator
provides the capability described in subparagraph (A)
at all airports equipped with advanced surface movement
detection systems;
(D) not later than December 31, 2010, all aircraft
described in subparagraph (B) at airports equipped with
advanced surface movement detection systems are
equipped with the capability to receive, process, and
present runway incursion alerts to pilots; and
(E) a schedule is published for the equipage of
aircraft operated pursuant to part 125 or 129 of title
14, Code of Federal Regulations.
(b) Review of Implementation of Advanced Surface Movement Detection
Systems.--The Inspector General of the Department of Transportation
shall--
(1) review the installation of each advanced surface
movement detection system funded by the Administrator to ensure
that each system functions in accordance with the product's
certification by the Administrator; and
(2) submit an annual report to the Committee on Commerce,
Science, and Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of
Representatives that describes the status of the proper
implementation of each system, including a review of the
system's--
(A) reliability to ensure it is not susceptible to
failures to generate timely alerts for controllers to
take appropriate action; and
(B) ability to successfully operates in all climate
conditions in which aircraft operations are conducted
at the airport.
SEC. 4. INFRASTRUCTURE UPGRADES.
(a) Authorization of Appropriations for Technology Investments.--
There are authorized to be appropriated to the Administrator, from
amounts deposited in the Airport and Airway Trust Fund established
under section 9502(d) of the Internal Revenue Code of 1986, to install
systems designed to reduce the potential for runway incursions through
the purchase and installation of advanced surface movement detection
systems, and cockpit-direct audible runway incursion warning systems--
(1) $41,000,000 for fiscal year 2009;
(2) $42,250,000 for fiscal year 2010; and
(3) $45,000,000 for fiscal year 2011.
(b) Authorization of Appropriations for Near-Term Improvements.--
There are authorized to be appropriated to the Administrator, from
amounts deposited in the Airport and Airways Trust Fund established
under section 9502(d) of the Internal Revenue Code of 1986, to reduce
the potential for runway incursions through the purchase and
installation of appropriate automatic equipment, including runway
occupancy alerting and warning equipment, perimeter taxiways, and
runway status lights--
(1) $40,000,000 for fiscal year 2009;
(2) $45,000,000 for fiscal year 2010; and
(3) $55,000,000 for fiscal year 2011.
(c) Authorization of Appropriations for Runway Safety Area
Improvements.--There are authorized to be appropriated to the
Administrator, from amounts deposited in the Airport and Airway Trust
Fund established under section 9502(d) of the Internal Revenue Code of
1986, to improve runway safety areas to meet Federal Aviation
Administration standards--
(1) $20,000,000 for fiscal year 2009;
(2) $25,000,000 for fiscal year 2010; and
(3) $30,000,000 for fiscal year 2011.
(d) Codification of Runway Safety Design Standard Compliance
Requirement From Public Law 109-115.--Section 44727 is amended by
adding at the end the following:
``(c) Runway Safety Design Standard Compliance.--Not later than
December 31, 2015, the owner or operator of each airport described in
section 44706(a) shall improve the airport's runway safety areas to
comply with the Federal Aviation Administration design standards
required under part 139 of title 14, Code of Federal Regulations.''.
(e) Annual Report on Runway Safety Area Compliance.--The
Administrator shall annually submit to the Committee on Commerce,
Science, and Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of Representatives a
report that describes the progress of the Administration toward
improving the runway safety areas at airports described in section
44706(a) of title 49, United States Code.
SEC. 5. REVIEW OF RUNWAY AND TAXIWAY LIGHTING AND MARKINGS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall--
(1) review the type of runway and taxiway lighting (both
daytime and nighttime configurations) and markings at airports
described in section 44706(a) of title 49, United States Code,
for compliance with standards issued by the Federal Aviation
Administration; and
(2) identify runways on which nonstandard lighting and
markings, including variance in illumination levels and
standard colors used on runways and taxiways, may contribute,
or may have contributed, to operational errors or incidents.
(b) Report.--Not later than 60 days after the completion of the
review under subsection (a), the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) describes the variance in lighting conditions and
markings at airport runways described in subsection (a);
(2) identifies those runways that are most likely to
contribute to operational errors and incidents; and
(3) includes a plan for remedying variance in lighting
conditions and markings at nonstandard runways, including
associated costs.
SEC. 6. MONITORING AND RECORDING EQUIPMENT FOR NAVIGATION AND LIGHTING
AIDS.
(a) In General.--The Administrator, in consultation with the
Chairman of the National Transportation Safety Board, shall evaluate
the potential for improving safety and accident investigations through
the use of systems, including existing technologies, that record and
enable the archival of the operational status of lighting systems on
the movement areas of, or that are critical to the safe operations at,
airports described in section 44706(a) of title 49, United States Code.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the results of the evaluation
required under subsection (a).
SEC. 7. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.
(a) Rulemaking Proceeding.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall initiate a
rulemaking proceeding for the purpose of issuing a proposed and final
rule that revises the aircraft rescue and firefighting standards under
part 139 of title 14, Code of Federal Regulations, to improve the
protection of the traveling public, other persons, aircraft, buildings,
and the environment from fires and hazardous materials incidents.
(b) Contents of Proposed and Final Rule.--The proposed and final
rule to be issued under subsection (a) shall address--
(1) the mission of aircraft rescue and firefighting
personnel, including responsibilities for passenger egress in
the context of other Administration requirements;
(2) the proper level of staffing;
(3) the timeliness of a response;
(4) the handling of hazardous materials incidents at
airports;
(5) proper vehicle deployment; and
(6) the need for equipment modernization.
(c) Consistency With Voluntary Consensus Standards.--The proposed
and final rule issued under subsection (a) shall be, to the extent
practical, consistent with national voluntary consensus standards for
aircraft rescue and firefighting services at airports.
(d) Assessments of Potential Impacts.--In the rulemaking proceeding
initiated under subsection (a), the Administrator shall assess the
potential impact of any revisions to the firefighting standards on
airports and air transportation service.
(e) Inconsistency With Standards.--If the proposed or final rule
issued under subsection (a) is not consistent with national voluntary
consensus standards for aircraft rescue and firefighting services at
airports, the Administrator shall submit to the Office of Management
and Budget an explanation of the reasons for such inconsistency in
accordance with section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).
(f) Final Rule.--Not later than 24 months after the date of the
enactment of this Act, the Administrator shall issue the final rule
required by subsection (a).
SEC. 8. IMPROVED DATA COLLECTION ON RUNWAY OVERRUNS.
The Administrator of the Federal Aviation Administration shall--
(1) collect data, using either existing sources of aircraft
operational incidents or a new reporting process, regarding
aircraft excursions that do not result in fatalities, injuries,
or significant property damage;
(2) examine the data collected pursuant to paragraph (1) on
an ongoing basis; and
(3) submit an annual report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(A) trends and potential safety risks identified by
the data; and
(B) actions taken by airports and the Federal
Aviation Administration to reduce those risks. | Runway Safety Improvement Act of 2008 - Directs the Administrator of the Federal Aviation Administration (FAA) to develop and submit to Congress: (1) a strategic runway safety plan; as well as (2) a plan and schedule for installation and deployment of systems to alert air traffic controllers and flight crews of potential runway incursions at commercial airports and general aviation airports that are most at risk of such incursions.
Directs the Inspector General of the Department of Transportation (DOT) to review and report annually to Congress on the installation of each advanced surface movement system funded by the Administrator.
Authorizes appropriations for the purchase and installation of certain runway incursion avoidance systems.
Directs the Administrator to: (1) review runway and taxiway lighting (both at daytime and nighttime) and markings at certain airports for compliance with FAA standards; (2) identify runways on which nonstandard lighting and markings may contribute, or may have contributed, to operational errors or incidents; and (3) submit such review to Congress along with a plan for remedying variance in lighting conditions and markings at nonstandard runways.
Directs the Administrator to evaluate for Congress the potential for improving safety and accident investigations through the use of systems that monitor and record the status of lighting systems on the movement areas of, or that are critical to the safe operations at, certain airports.
Requires the Administrator to: (1) initiate a rulemaking to revise federal aircraft rescue and firefighting standards to improve the protection of the public from fires and hazardous materials incidents; (2) collect data on aircraft runway overruns that do not result in fatalities or property damage; and (3) report to Congress on potential safety risks identified by such data, including actions taken by airports and the FAA to reduce those risks. | {"src": "billsum_train", "title": "A bill to improve airport runway safety, and for other purposes."} | 2,699 | 373 | 0.655712 | 1.971696 | 0.826042 | 4.694118 | 7.414706 | 0.947059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban and Rural Disease Prevention
and Health Promotion Act of 2005''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) in 1999, 61 percent of adults in the United States were
overweight or obese;
(2) all age, racial, and ethnic groups, and both genders,
have experienced increases in the percentage of persons who are
overweight or obese;
(3) each year in the United States, approximately 112,000
deaths are associated with obesity;
(4) overweight and obesity are associated with heart
disease, certain types of cancer, type 2 diabetes, stroke,
arthritis, breathing problems, and psychological disorders,
such as depression;
(5) in 2000, the economic cost of obesity in the United
States was approximately $117,000,000,000;
(6) it is recommended that American adults accumulate at
least 30 minutes, and American children accumulate at least 60
minutes, of moderate physical activity most days of the week,
though more may be needed to prevent weight gain, to lose
weight, or to maintain weight loss;
(7) less than one-third of American adults engage in these
recommended amounts of physical activity;
(8) 40 percent of adults in the United States do not
participate in any leisure-time physical activity;
(9) physical activity is important in preventing and
treating overweight and obesity and is extremely helpful in
maintaining weight loss, especially when combined with healthy
eating;
(10) there is a direct positive relationship between the
level of individual and community use of public recreational
facilities and services, access to and condition of such
facilities, and the diversity and quality of services relative
to current and potential uses; and
(11) medical and other research document a direct positive
relationship between active recreation and disease prevention
and general wellness.
SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH
PROMOTION CENTERS.
(a) Authority.--The Secretary of Housing and Urban Development may
make grants and loans in accordance with this Act to eligible entities
under section 4 for the development of indoor centers for disease
prevention and health promotion.
(b) Centers.--For purposes of this Act, the term ``indoor disease
prevention and health promotion center'' means a structure or facility,
or a portion thereof, that--
(1) is used principally as an indoor recreational facility
providing services, programs, and activities that result in
disease prevention and health promotion, including direct
recreation services for individuals and groups, information on
public and personal health and wellness, health screening, and
other necessary services in collaboration with public and
private health professionals and other entities;
(2) is owned or controlled by the eligible entity that
receives the grant or loan under this Act;
(3) is available for use by, and provides services to,
residents of the jurisdiction of such eligible entity free of
charge or at a charge not exceeding that necessary to provide
for operation and maintenance of the facility and for
appropriate public recreation services; and
(4) is subject to such legally binding and enforceable
commitments, as the Secretary shall require, to ensure that the
structure or facility, or portion thereof, is used as provided
in paragraph (1) for the 25-year period beginning upon the
receipt of a grant or loan made under this Act; except that the
Secretary may, upon the request of an entity that received a
grant or loan under this Act, waive the applicability of such
commitments if the Secretary finds that--
(A) environmental or other conditions have
substantially reduced the public value of the facility
or public access to the facility; or
(B) the site or facility has substantially
deteriorated, through no fault of the entity that
received the grant or loan, and such entity enters into
an agreement with the Secretary to obtain or provide a
replacement facility that generally provides access to
services for persons that were served at the original
facility.
SEC. 4. ELIGIBLE ENTITIES.
Grants and loans under this Act may be made only to the following
entities:
(1) A unit of general local government.
(2) An official State, metropolitan, regional, or other
area agency, district, public-purpose corporation, or other
limited-purpose political subdivision of a State, that is
empowered under State or local laws or under an interstate
compact or agreement to manage, administer, or provide public
parks and recreational facilities.
(3) Public authorities or agencies associated with economic
or community development or restoration, whose activities
support capital investments for public recreation.
SEC. 5. ELIGIBLE USES OF ASSISTANCE.
Amounts from a grant or loan under this Act may be used only for
the development of indoor centers for disease prevention and health
promotion, which shall include the following activities:
(1) Planning.
(2) Design.
(3) Site acquisition, preparation, and construction.
(4) Assessment of, and response to, site environmental
conditions.
(5) Landscaping.
(6) New construction.
(7) Rehabilitation of existing recreational structures and
facilities.
(8) Enhancement and expansion of public infrastructure.
(9) Acquisition and conversion of existing non-recreational
structures and facilities.
SEC. 6. GRANT AND LOAN REQUIREMENTS.
(a) Amount.--The Secretary may not make a grant or loan under this
Act for any fiscal year to any eligible entity that has received a
grant or loan during any of the preceding three fiscal years.
(b) Loans.--Loans made with amounts made available under this Act
shall be subject to the following requirements:
(1) No interest loans.--Loans shall not bear interest.
(2) Term.--Loans shall have a term to maturity not to
exceed 10 years.
(3) Revolving loan fund.--Loan amounts repaid to the
Secretary shall be available to the Secretary, without fiscal
year limitation, for making additional loans under this Act.
(4) Other conditions.--Loans shall be subject to such other
terms and conditions as the Secretary may establish.
(c) Applications.--The Secretary shall provide for eligible
entities to submit applications for grants and loans under this Act.
(d) Selection Criteria.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall cause to be published in
the Federal Register a list of criteria for the selection of applicant
eligible entities for grants and loans under this Act. Such criteria
shall be based upon factors that the Secretary considers are
appropriate to determine need among communities for Federal financial
assistance for development of indoor disease prevention and health
promotion centers.
(e) Review of Applications and Selection.--
(1) Review panel.--The Secretary shall appoint a panel of
experts in the fields of public recreation, public health, and
community health care to review applications for grants and
loans under this Act and to make recommendations to the
Secretary for selection of such applications for grants and
loans based upon the criteria established pursuant to
subsection (d).
(2) Selection.--The Secretary shall select eligible
entities that have submitted applications for grants and loans
under this Act to receive such assistance, based upon the
criteria established pursuant to subsection (d) and taking into
consideration the recommendations of the panel established
pursuant to paragraph (1) of this subsection.
SEC. 7. ALLOCATION OF AMOUNTS.
(a) Regional Allocation.--Of any amounts made available for
assistance under this Act for each fiscal year--
(1) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of 50,000 or less; and
(2) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of more than 50,000.
(b) Allocation for Grants and Loans.--Of any amounts made available
for assistance under this Act for each fiscal year, the Secretary shall
make not more than 10 percent available for loans under this Act.
SEC. 8. MATCHING FUNDS REQUIREMENT.
(a) In General.--The amount of a grant made under this Act by the
Secretary to any eligible entity may not exceed the amount that the
eligible entity certifies, as the Secretary shall require, that the
entity will contribute from non-Federal sources for the activities
under section 5.
(b) Supplemental Funds.--In determining the amount contributed for
purposes of meeting the requirement under subsection (a), an eligible
entity may include the value of any donated material or building, the
value of any lease on a building, and the value of any administrative
or other costs incurred by an eligible entity relating to carrying out
the activities assisted with amounts provided under this Act and
amounts contributed under this section.
SEC. 9. LABOR.
(a) In General.--Any contract for activities described in section 5
for an indoor center for disease prevention and health promotion that
is developed in whole or in part with amounts made available under this
Act shall contain--
(1) a provision requiring that not less than the wages
prevailing in the locality, as determined or adopted
(subsequent to a determination under applicable State or local
law) by the Secretary, shall be paid to all architects,
technical engineers, draftsmen, and technicians employed in the
development of the center involved; and
(2) a provision requiring that not less than the wages
prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to subchapter IV of chapter 31 of title 40,
United States Code (40 U.S.C. 3141 et seq.), shall be paid to
all laborers and mechanics employed in the development of the
center involved.
(b) Compliance.--Each eligible entity receiving assistance under
this Act shall require certification as to compliance with the
provisions of this section before making any payment under such
contract.
(c) Inapplicability to Volunteers.--Subsection (a) shall not apply
if the individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which
the individual volunteered and such persons are not otherwise employed
at any time in the development work.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means
any entity that, under section 4, is eligible to receive a
grant or loan under this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for grants
and loans under this Act--
(1) $100,000,000 for fiscal year 2006;
(2) $125,000,000 for fiscal year 2007;
(3) $150,000,000 for fiscal year 2008;
(4) $175,000,000 for fiscal year 2009; and
(5) $200,000,000 for fiscal year 2010.
SEC. 12. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act. | Urban and Rural Disease Prevention and Health Promotion Act of 2005 - Authorizes the Secretary of Housing and Urban Development to make matching grants and loans to state and local government agencies and community development public authorities for the development of indoor centers for disease prevention and health promotion that are: (1) used principally as indoor recreational facilities; (2) owned or controlled by the entity receiving the grant; (3) available for use by residents of the jurisdiction free of charge or at a fee necessary to provide for the operation and maintenance of the facility; and (4) subject to legally binding and enforceable commitments as to the availability of the facility for 25 years. | {"src": "billsum_train", "title": "To provide assistance for the development of indoor disease prevention and health promotion centers in urban and rural areas throughout the United States."} | 2,389 | 128 | 0.523566 | 1.495637 | 0.67899 | 3.503937 | 18.433071 | 0.984252 |
SECTION 1. CLARIFICATION OF AUTHORITY.
The Act entitled ``An Act to define the exterior boundary of the
Uintah and Ouray Indian Reservation in the State of Utah, and for other
purposes'', approved March 11, 1948 (62 Stat. 72), as amended by the
Act entitled ``An Act to amend the Act extending the exterior boundary
of the Uintah and Ouray Indian Reservation in the State of Utah so as
to authorize such State to exchange certain mineral lands for other
lands mineral in character'' approved August 9, 1955, (69 Stat. 544),
is further amended by adding at the end the following:
``Sec. 5. In order to further clarify authorizations under this
Act, the State of Utah is hereby authorized to relinquish to the United
States, for the benefit of the Ute Indian Tribe of the Uintah and Ouray
Reservation, State school trust or other State-owned subsurface mineral
lands located beneath the surface estate delineated in Public Law 440
(approved March 11, 1948) and south of the border between Grand County,
Utah, and Uintah County, Utah, and select in lieu of such relinquished
lands, on an acre-for-acre basis, any subsurface mineral lands of the
United States located beneath the surface estate delineated in Public
Law 440 (approved March 11, 1948) and north of the border between Grand
County, Utah, and Uintah County, Utah, subject to the following
conditions:
``(1) Reservation by united states.--The Secretary of the
Interior shall reserve an overriding interest in that portion
of the mineral estate comprised of minerals subject to leasing
under the Mineral Leasing Act (30 U.S.C. 171 et seq.) in any
mineral lands conveyed to the State.
``(2) Extent of overriding interest.--The overriding
interest reserved by the United States under paragraph (1)
shall consist of--
``(A) 50 percent of any bonus bid or other payment
received by the State as consideration for securing any
lease or authorization to develop such mineral
resources;
``(B) 50 percent of any rental or other payments
received by the State as consideration for the lease or
authorization to develop such mineral resources;
``(C) a 6.25 percent overriding royalty on the
gross proceeds of oil and gas production under any
lease or authorization to develop such oil and gas
resources; and
``(D) an overriding royalty on the gross proceeds
of production of such minerals other than oil and gas,
equal to 50 percent of the royalty rate established by
the Secretary of the Interior by regulation as of
October 1, 2011.
``(3) Reservation by state of utah.--The State of Utah
shall reserve, for the benefit of its State school trust, an
overriding interest in that portion of the mineral estate
comprised of minerals subject to leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) in any mineral lands
relinquished by the State to the United States.
``(4) Extent of overriding interest.--The overriding
interest reserved by the State under paragraph (3) shall
consist of--
``(A) 50 percent of any bonus bid or other payment
received by the United States as consideration for
securing any lease or authorization to develop such
mineral resources on the relinquished lands;
``(B) 50 percent of any rental or other payments
received by the United States as consideration for the
lease or authorization to develop such mineral
resources;
``(C) a 6.25 percent overriding royalty on the
gross proceeds of oil and gas production under any
lease or authorization to develop such oil and gas
resources; and
``(D) an overriding royalty on the gross proceeds
of production of such minerals other than oil and gas,
equal to 50 percent of the royalty rate established by
the Secretary of the Interior by regulation as of
October 1, 2011.
``(5) No obligation to lease.--Neither the United States
nor the State shall be obligated to lease or otherwise develop
oil and gas resources in which the other party retains an
overriding interest under this section.
``(6) Cooperative agreements.--The Secretary of the
Interior is authorized to enter into cooperative agreements
with the State and the Ute Indian Tribe of the Uintah and Ouray
Reservation to facilitate the relinquishment and selection of
lands to be conveyed under this section, and the administration
of the overriding interests reserved hereunder.
``(7) Termination.--The overriding interest reserved by the
Secretary of the Interior under paragraph (1), and the
overriding interest reserved by the State under paragraph (3),
shall automatically terminate 30 years after the date of
enactment of this section.''. | Authorizes Utah to relinquish for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation certain of its school trust or subsurface mineral lands south of the border between Grand County and Uintah County, Utah, in exchange for certain federal subsurface mineral lands north of that border.
Directs the Secretary of the Interior to reserve an overriding interest in that portion of the mineral estate composed of minerals subject to leasing under the Mineral Leasing Act in the mineral lands conveyed to Utah. Delineates the extent of that interest.
Requires Utah to reserve, for the benefit of its school trust, an overriding interest in that portion of the mineral estate composed of minerals subject to leasing under the Mineral Leasing Act in the mineral lands it relinquished to the federal government. Delineates the extent of that interest.
Terminates the overriding interests reserved by the Secretary and Utah 30 years after this Act's enactment. | {"src": "billsum_train", "title": "A bill to clarify authority granted under the Act entitled \"An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes\"."} | 1,050 | 218 | 0.68723 | 2.03931 | 0.949761 | 4.505882 | 5.7 | 0.905882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Background Check Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees per
show and hundreds of Federal firearms licensees and nonlicensed
firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers, form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be traced
to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) Gun show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which--
``(i) not less than 20 percent of the exhibitors
are firearm exhibitors;
``(ii) there are not less than 10 firearm
exhibitors; or
``(iii) 50 or more firearms are offered for sale,
transfer, or exchange.
``(36) Gun show promoter.--The term `gun show promoter' means any
person who organizes, plans, promotes, or operates a gun show.
``(37) Gun show vendor.--The term `gun show vendor' means any
person who exhibits, sells, offers for sale, transfers, or exchanges 1
or more firearms at a gun show, regardless of whether or not the person
arranges with the gun show promoter for a fixed location from which to
exhibit, sell, offer for sale, transfer, or exchange 1 or more
firearms.''
(b) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as defined in
section 1028(d)(1)) of the vendor containing a photograph of
the vendor;
``(2) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter; and
``(3) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe; and
``(4) maintains a copy of the records described in
paragraphs (1) and (2) at the permanent place of business of
the gun show promoter for such period of time and in such form
as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Secretary to impose
recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary
by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the
Secretary; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Secretary a report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
931, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever willfully violates section 931(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of section
931 shall be fined under this title, imprisoned not more than 5 years,
or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who knowingly
violates any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end
the following:
``931. Regulation of firearms transfers at gun shows.'';
and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''; and
(c) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
``(E) Notwithstanding subparagraph (B), the Secretary may enter
during business hours the place of business of any gun show promoter
and any place where a gun show is held for the purposes of examining
the records required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry and
examination shall be conducted for the purposes of determining
compliance with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not require a showing of
reasonable cause or a warrant.''.
(d) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924 of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(f) Gun Owner Privacy and Prevention of Fraud and Abuse of System
Information.--Section 922(t)(2)(C) of title 18, United States Code, is
amended by inserting before the period at the end the following: ``, as
soon as possible, consistent with the responsibility of the Attorney
General under section 103(h) of the Brady Handgun Violence Prevention
Act to ensure the privacy and security of the system and to prevent
system fraud and abuse, but in no event later than 90 days after the
date on which the licensee first contacts the system with respect to
the transfer''.
(g) Effective Date.--This Act and the amendments made by this Act
shall take effect 180 days after the date of enactment of this Act. | Gun Show Background Check Act of 2001 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Secretary of the Treasurer. Sets forth penalties for violations.Grants the Secretary authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.Modifies provisions regarding the national instant criminal background check system and the destruction of records in cases where receipt of a firearm would not violate the Brady Act or State law to provide for such destruction as soon as possible, consistent with the Attorney General's responsibility to ensure privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the licensee first contacts the system. | {"src": "billsum_train", "title": "A bill to extend the Brady background checks to gun shows, and for other purposes."} | 3,856 | 305 | 0.557168 | 1.760661 | 0.676464 | 4.477444 | 13.368421 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Energy Promotion Act of
2011''.
SEC. 2. VARIABLE VEETC RATE BASED ON PRICE OF CRUDE OIL.
(a) Excise Tax Credit.--
(1) In general.--Subparagraph (A) of section 6426(b)(2) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (i),
(B) by inserting ``and before 2012'' after ``2008''
in clause (ii),
(C) by striking the period at the end of clause
(ii) and inserting ``, and'', and
(D) by adding at the end the following new clauses:
``(iii) in the case of calendar year 2012,
20 cents,
``(iv) in the case of calendar year 2013,
15 cents, and
``(v) in the case of calendar quarters
beginning after 2013, the applicable rate
determined in accordance with the following
table:
``If the average price of crude oil The applicable rate for
during the preceding calendar the calendar quarter is:
quarter is:
Not more than $50/barrel........................... 30 cents
More than $50 but not more than $60/barrel......... 24 cents
More than $60 but not more than $70/barrel......... 18 cents
More than $70 but not more than $80/barrel......... 12 cents
More than $80 but not more than $90/barrel......... 6 cents
More than $90/barrel............................... 0 cents.
For purposes of the preceding table, the
average price of crude oil for any calendar
quarter shall be the average 3-month futures
price on the New York Mercantile Exchange for
light sweet crude oil for such calendar
quarter.''.
(2) Extension of tax credit or payment.--Sections
6426(b)(6) and 6427(e)(6)(A) of such Code are each amended by
striking ``2011'' and inserting ``2016''.
(b) Income Tax Credit.--
(1) In general.--The table contained in section 40(h)(2) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``calendar year'' in the heading
for the first column,
(B) by inserting ``Calendar year'' before ``2001'',
(C) by inserting ``Calendar year'' before ``2003'',
(D) by inserting ``Calendar year'' before ``2005'',
(E) by inserting ``Calendar years'' before
``2009'',
(F) by striking the period at the end of the table,
and
(G) by adding at the end the following:
``Calendar year 2012...................... 20 cents 14.8 cents
Calendar year 2013........................ 15 cents 11.1 cents
Any calendar quarter beginning after 2013 1st 2d applicable rate.''.
and before 2017. applicable
rate
(2) Applicable rates.--Paragraph (3) of section 40(h) of
such Code is amended to read as follows:
``(3) Applicable rates.--For purposes of this subsection,
the 1st applicable rate and the 2d applicable rate shall be
determined in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The 1st
``If the average price of crude oil during applicable rate The 2d applicable rate for the calendar quarter
the preceding calendar quarter is: for the calendar is:
quarter is:
----------------------------------------------------------------------------------------------------------------
Not more than $50/barrel................... 30 cents 22.20 cents
More than $50 but not more than $60/barrel. 24 cents 17.76 cents
More than $60 but not more than $70/barrel. 18 cents 13.33 cents
More than $70 but not more than $80/barrel. 12 cents 8.88 cents
More than $80 but not more than $90/barrel. 6 cents 4.44 cents
More than $90/barrel....................... 0 cents 0 cents.
----------------------------------------------------------------------------------------------------------------
For purposes of the preceding table, the average price of crude
oil for any calendar quarter shall be the average 3-month
futures price on the New York Mercantile Exchange for light
sweet crude oil for such calendar quarter.''.
(3) Extension of tax credit.--Section 40 of such Code is
amended--
(A) by striking ``2011'' in subsection (e)(1)(A)
and inserting ``2016'',
(B) by striking ``2012'' in subsection (e)(1)(B)
and inserting ``2017'', and
(C) by striking ``2011'' in subsection (h)(1) and
inserting ``2016''.
(c) Repeal of Deadwood.--Section 6426(b)(2) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to any sale, use, or removal for any period after the date of the
enactment of the Act.
SEC. 3. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2016.
(a) In General.--Section 40(b)(6) of the Internal Revenue Code of
1986 is amended by striking subparagraph (H).
(b) Conforming Amendment.--Section 40(e) of the Internal Revenue
Code of 1986 is amended by striking paragraph (3).
SEC. 4. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Extension for Ethanol Refueling Property.--Subsection (g) of
section 30C of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by striking the second period at the end of paragraph
(2),
(3) by redesignating paragraph (2) as paragraph (3), and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) in the case of property relating to fuel described in
subsection (c)(2)(A)(ii), after December 31, 2016, and''.
(b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph
(A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(A) Any fuel--
``(i) at least 85 percent of the volume of
which consists of one or more of the following:
natural gas, compressed natural gas, liquified
natural gas, liquefied petroleum gas, or
hydrogen, or
``(ii) at least 85 percent of the volume of
which consists of--
``(I) ethanol, or
``(II) ethanol and one or more of
the fuels described in clause (i), but
only if at least 20 percent and not
more than 85 percent of the volume of
such fuel consists of ethanol.''.
(c) Credit for Dual-Use Refueling Property.--Subsection (e) of
section 30C of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(6) Dual-use refueling property.--
``(A) In general.--In the case of any dual-use
refueling property, 100 percent of the cost of such
property shall be treated as qualified alternative fuel
refueling property if the taxpayer certifies, in such
time and manner as the Secretary shall prescribe, that
such property will be used in more than a de minimis
capacity for the purposes described in section
179A(d)(3)(A) (applied as specified in subsection
(c)(2)).
``(B) Recapture.--If at any time within 5 years
after the date of the certification under subparagraph
(A) the dual-use refueling property ceases to be used
as required under such subparagraph, 100 percent of the
cost of such property shall be subject to recapture
under paragraph (5).
``(C) Dual-use refueling property.--For purposes of
this paragraph, the term `dual-use refueling property'
means property that is both qualified alternative fuel
vehicle refueling property and property used--
``(i) to store or dispense fuels not
described in subsection (c)(2), or
``(ii) to store fuels described in
subsection (c)(2) for any purpose other than
delivery of such fuel into the fuel tank of a
motor vehicle.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2011.
SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC
BIOFUEL PLANT PROPERTY.
Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2013'' and inserting
``January 1, 2017''.
SEC. 6. STAGED REDUCTION OF ETHANOL TARIFF.
(a) Calendar Year 2012.--
(1) In general.--Heading 9901.00.50 of the Harmonized
Tariff Schedule of the United States is amended--
(A) by striking ``14.27 cents'' and inserting
``5.28 cents'' in the column 1 general rate of duty and
in the column 2 rate of duty; and
(B) by striking ``Before 1/1/2012'' and inserting
``Before 1/1/2013''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2012.
(b) Calendar Years 2013 Through 2016.--
(1) In general.--Heading 9901.00.50 of the Harmonized
Tariff Schedule of the United States is amended--
(A) by striking ``5.28 cents'' and inserting
``3.96 cents'' in the column 1 general rate of duty and
in the column 2 rate of duty; and
(B) by striking ``Before 1/1/2013'' and inserting
``Before 1/1/2017''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2013. | Domestic Energy Promotion Act of 2011 - Amends the Internal Revenue Code to: (1) reduce the volumetric ethanol excise tax credit (VEETC) to 20 cents per gallon in 2012 and 15 cents per gallon in 2013; (2) link the amount of such credit to the price of crude oil for calendar quarters beginning after 2013; (3) modify the rates of the income tax credit for alcohol used as fuel and extend such credit through 2016; and (4) extend through 2016 the alternative fuel refueling property tax credit, the cellulosic producers' tax credit, and the special depreciation allowance for cellulosic biofuel plant property.
Amends the Harmonized Tariff Schedule of the United States to reduce by specified amounts through 2016 the additional duties on ethyl alcohol blends (ethanol) used as fuel. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a variable VEETC rate based on the price of crude oil, and for other purposes."} | 2,451 | 182 | 0.483942 | 1.283337 | 0.71693 | 2.099338 | 13.410596 | 0.854305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Technology Standards Act of
2001''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``technical standards'' means performance-
based standards and conformance specifications; and
(2) the term ``voting products and systems'' includes
products and systems relating to every stage of the voting
process, from voter registration through recounts and
archiving.
SEC. 3. VOTING TECHNOLOGY STANDARDS.
(a) Commission.--
(1) Establishment.--There is established a commission to
develop voluntary technical standards to ensure the usability,
accuracy, security, and integrity of United States voting
products and systems.
(2) Membership.--The Commission shall consist of--
(A) the Director of the National Institute of
Standards and Technology, who shall serve as the chair
of the Commission;
(B) two representatives of the National Association
of State Election Directors, selected by that
association, one Republican and one Democrat;
(C) one representative of the American National
Standards Institute, selected by that institute; and
(D) nine additional members selected by the members
described in subparagraphs (A) through (C) by unanimous
vote, of which at least two shall be local election
officials;
(3) Terms.--(A) Except as provided in subparagraph (B),
(C), or (D) of this paragraph, each member selected under
paragraph (2)(B), (C), or (D) shall serve a term of 6 years.
(B) Four of the members initially appointed under paragraph
(2)(D) shall be appointed for an initial term of 3 years.
(C) The members initially appointed under paragraph (2)(B)
shall be appointed for an initial term of 4 years.
(D) The member initially appointed under paragraph (2)(C)
shall be appointed for an initial term of 5 years.
(E) Members may serve for more than 1 term, but not more
than 3 terms.
(F) Any member appointed under paragraph (2)(D) to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office, but not more than 1 year. A vacancy in the Commission
shall be filled in the manner in which the original appointment
was made.
(4) 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.
(5) Quorum.--The Commission shall conduct no business,
other than appointing members under paragraph (2)(D), before
all members of the Commission have been appointed. Nine members
of the Commission shall constitute a quorum.
(6) Administrative and technical support.--Upon the request
of the Commission, the Director of the National Institute of
Standards and Technology shall provide to the Commission the
ad- ministrative and technical support necessary for the
Commission to carry out its responsibilities under this Act.
(b) Development of Voluntary Technical Standards.--
(1) Procedures.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall publish in the
Federal Register a description of the procedures it will use to
establish voluntary technical standards under this subsection,
along with a list of the members of the Commission.
(2) Establishment of voluntary technical standards.--Not
later than 9 months after the date of the enactment of this
Act, the Commission shall establish, and publish in the Federal
Register, such voluntary technical standards as are necessary
to ensure the usability, accuracy, security, and integrity of
United States voting products and systems.
(3) Review and update.--The Commission shall review the
voluntary technical standards established under this subsection
at the conclusion of every even-numbered year, and shall
determine whether new or updated voluntary technical standards
are necessary to ensure the usability, accuracy, security, and
integrity of United States voting products and systems. If the
Commission determines that such new or updated voluntary
technical standards are necessary, the Commission shall publish
in the Federal Register the findings of its review, an
explanation for its decision, and the new or updated voluntary
technical standards.
SEC. 4. LABORATORY ACCREDITATION.
Not later than 6 months after the initial publication of voluntary
technical standards established under section 3(b)(2), the National
Institute of Standards and Technology shall accredit independent, non-
Federal laboratories to test and certify that voting products and
systems conform with the voluntary technical standards established by
the Commission. The National Institute of Standards and Technology
shall make an effort to accredit at least one minority-owned
laboratory.
SEC. 5. INFORMATION DISSEMINATION.
The National Institute of Standards and Technology, after
consultation with the Commission, shall--
(1) disseminate voluntary technical standards established
under section 3(b), other relevant technical information,
guidelines for usage of the voluntary technical standards, and
any other information appropriate to assist in the
implementation of the voluntary technical standards;
(2) maintain and make available a list of laboratories
accredited under section 4; and
(3) maintain and make available, including through the
Internet, a list of United States voting products and systems
that have been certified by a laboratory accredited under
section 4 to conform with the voluntary technical standards
established by the Commission.
SEC. 6. RESEARCH AND DEVELOPMENT PROGRAM.
The Director of the National Institute of Standards and Technology
shall establish a program for research and development in areas to
support the development of voluntary technical standards established
under section 3(b) for voting products and systems, including research
and development on--
(1) the security of computers, computer networks, and
computer data storage used in voting products and systems,
including methods to detect and prevent fraud;
(2) protection of voter privacy;
(3) human factors in the design and application of voting
products and systems, including assistive technologies for
persons with disabilities and varying levels of literacy; and
(4) remote access voting, including Internet voting.
SEC. 7. REPORTS TO CONGRESS.
(a) One-Year Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall transmit to the Congress a
report that--
(1) assesses the areas of human factors research, including
usability engineering and human-computer and human-machine
interaction, that feasibly could be applied to voting products
and systems design to ensure the usability and accuracy of
United States voting products and systems, including to improve
access by the disabled and to reduce voter error and the number
of spoiled ballots in elections;
(2) assesses the potential demand by State and local
governments for technical assistance in implementing voluntary
technical standards established under section 3(b), and makes
recommendations on how best to address that demand;
(3) makes recommendations for methods of promoting the
implementation of voluntary technical standards established
under section 3(b); and
(4) assesses the need for a grant program or other
mechanism to ensure the accreditation and operation of a
sufficient number of laboratories to test and certify voting
products and systems.
(b) Ten-Year Report.--Not later than 10 years after the date of the
enactment of this Act, the Commission shall transmit to the Congress a
report that--
(1) identifies the States that have voluntarily complied
with standards established pursuant to this Act; and
(2) assesses the impact of this Act on the accuracy of vote
tabulation.
Amend the title so as to read: ``A bill to ensure the
usability, accuracy, integrity, and security of United States
voting products and systems through the development of
voluntary consensus standards, the provision of technical
assistance, and laboratory accreditation, and for other
purposes.''. | Voting Technology Standards Act of 2001 - Establishes a commission to develop and publish in the Federal Register voluntary technical standards to ensure the usability, accuracy, security, and integrity of U.S. voting products and systems.Requires the National Institute of Standards and Technology to: (1) accredit independent, non-Federal laboratories to test and certify that voting products and systems conform with the standards established by the commission; (2) make an effort to accredit at least one minority-owned laboratory; (3) disseminate such standards, other relevant technical information, guidelines for usage of the standards, and any other information appropriate to assist in their implementation; (4) maintain and make available a list of accredited laboratories; and (5) maintain and make available, including through the Internet, a list of U.S. voting products and systems that have been certified by an accredited laboratory to conform with the standards established by the commission.Directs the Director of the National Institute of Standards and Technology to establish a program for research and development in areas to support the development of such standards. | {"src": "billsum_train", "title": "To amend the National Institute of Standards and Technology Act to ensure the usability, accuracy, integrity, and security of United States voting products and systems through the development of voluntary consensus standards, the provision of technical assistance, and laboratory accreditation, and for other purposes."} | 1,680 | 231 | 0.605509 | 1.763462 | 0.872382 | 5.482927 | 7.980488 | 0.965854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank and Thrift Disclosure Act of
1993''.
SEC. 2. PUBLIC AVAILABILITY OF EXAMINATION INFORMATION.
(a) In General.--Each appropriate banking agency shall make
available to the public copies of reports of all examinations of each
failed depository institution that received funds, as defined in
section 6, or of a holding company of such institution, that was
performed by that banking agency or its predecessor, during the 5-year
period preceding the transfer, failure, or receipt of funds. Each
appropriate banking agency other than the National Credit Union
Administration Board shall consult with the Federal Deposit Insurance
Corporation or the Resolution Trust Corporation prior to making such
reports available to the public.
(b) Delay of Publication.--
(1) Threats to safety or soundness of institution.--If the
appropriate banking agency makes a determination in writing
that release of an examination report would seriously threaten
the safety or soundness of an insured depository institution,
such agency may initially delay release of the examination
report for a reasonable period of time, not to exceed 12 months
from the date of the transfer, failure, or receipt of funds
described in section 6. Such determination may be renewed on an
annual basis.
(2) Ongoing investigations.--If the appropriate banking
agency or the Resolution Trust Corporation determines in
writing that release of a portion of an examination report
would hinder an ongoing investigation of alleged negligence, or
of other activity that would give rise to either administrative
or civil proceedings, the portion of the examination report
directly pertaining to the alleged negligence or other
activity, may be withheld from release during the
investigation, until a notice of charges is issued, a complaint
is filed, or for a period not to exceed 24 months from the date
of the transfer, failure, or receipt of funds described in
section 6, whichever is earlier.
(3) Delay pending criminal investigation.--If the
appropriate banking agency and the Attorney General of the
United States or the attorney general of a State, in the case
of a State-chartered depository institution, jointly determine
that release of a portion of an examination report would hinder
an ongoing investigation of alleged criminal activity, the
portion of the examination report directly pertaining to the
alleged crime may be withheld from release until the
termination of such investigation, the issuance of an
indictment, or for a period of not to exceed 5 years from the
date of the transfer, failure or receipt of funds described in
section 6, whichever is earlier. The Attorney General of the
United States or the attorney general of a State shall provide
the Comptroller General of the United States with access to
information regarding any such criminal investigation, and
shall identify any law enforcement agencies or resources
assigned to the investigation.
(c) Exclusion of Open Institutions.--
(1) Open institutions.--This section shall not apply to any
open insured depository institution and shall not be construed
to require disclosure to the public of any report of
examination of any open insured depository institution.
(2) Affiliated solvent institutions.--In connection with
the release of an examination report of a holding company of a
failed institution, nothing in this section shall be construed
as requiring the release of any examination report information
regarding any solvent depository institution that is also a
subsidiary of such holding company.
SEC. 3. PROHIBITION OF CONFIDENTIAL SETTLEMENTS.
Notwithstanding any other provision of law or any rule, regulation,
or order issued thereunder, all agreements or settlements of claims
between the Resolution Trust Corporation or the Federal Deposit
Insurance Corporation and any other party, where such agreement or
claim relates to an institution described in section 6 shall be made
available to the public.
SEC. 4. APPLICABILITY.
The requirements of section 2 shall apply--
(1) to any insured depository institution that has had its
assets or liabilities, or any part thereof, transferred to the
FSLIC Resolution Fund or the Resolution Trust Corporation;
(2) to any member of the Bank Insurance Fund that has
failed and received funds, if during either the fiscal year in
which the institution failed or the fiscal year in which the
institution received funds, as defined in section 6, the Bank
Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
bank; or
(B) had a negative fund balance;
(3) to any member of the Savings Association Insurance Fund
that has failed and received funds, if during either the fiscal
year in which the institution failed or the fiscal year in
which the institution received funds, as defined in section 6,
the Savings Association Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
bank; or
(B) had a negative fund balance; and
(4) to any insured credit union that has failed and
received funds, if during either the fiscal year in which the
credit union failed or the fiscal year in which the credit
union received funds, as defined in section 6, the National
Credit Union Share Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
Bank; or
(B) had a negative fund balance.
SEC. 5. REMOVAL OF CUSTOMER INFORMATION FROM EXAMINATION REPORTS.
In making available reports of examinations under section 2, the
appropriate Federal banking agency shall excise the following
information:
(1) Noninstitution-affiliated parties.--The names and all
other identifying information for all persons who are not
institution-affiliated parties of an insured depository
institution.
(2) Institution-affiliated parties.--The names and any
information related to an institution-affiliated party that is
not relevant to the relationship between the insured depository
institution and the institution-affiliated party.
(3) Open institutions.--The names and all other identifying
information pertaining to open insured depository institutions.
(4) Examiners.--Any reference to the examiners and other
banking agency employees involved in the examination of the
insured depository institution.
(5) Whistleblowers.--All references to persons or entities
that have provided information in confidence to a banking
agency which may be utilized to pursue a civil or criminal
action.
SEC. 6. DEFINITIONS.
For purposes of this section--
(1) an insured depository institution has ``failed'' if the
Federal Deposit Insurance Corporation, Resolution Trust
Corporation, or National Credit Union Administration Board--
(A) has been appointed as receiver or liquidator
for such institution; or
(B) has exercised the power to provide assistance
under section 13(c)(2) of the Federal Deposit Insurance
Act or the analogous powers under section 21A of the
Federal Home Loan Bank Act.
(2) an insured depository institution has ``received
funds'' if the institution, its holding company, or an
acquiring institution receives cash or other valuable
consideration from the National Credit Union Administration
Board, the Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, or any Federal Reserve bank that lends
for more than 30 days while the insured depository institution
is critically undercapitalized within the 1-year period prior
to the failure of the insured depository institution whether in
the form of a loan, a payment to depositors or other creditors,
the assumption of liabilities, or otherwise;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act, except that such term includes an insured credit union, as
defined in section 101 of the Federal Credit Union Act; and
(4) the term ``appropriate banking agency'' means the
Federal Deposit Insurance Corporation, the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency,
the Office of Thrift Supervision, or the National Credit Union
Administration Board, and, in the case of a State-chartered
depository institution, the appropriate State depository
institution regulatory agency.
SEC. 7. ADDITIONAL DISCLOSURES BY FDIC, NCUA, AND RTC.
(a) Borrowers.--Not later than 6 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation,
National Credit Union Administration, or the Resolution Trust
Corporation, as appropriate, shall make available to the public the
name and loan balance of any borrower who--
(1) was an executive officer, director, or principal
shareholder of the institution, or a related interest of any
such person, as such terms are defined in section 22(h) of the
Federal Reserve Act; and
(2) at the time that the receiver was appointed, was more
than 90 days delinquent on a loan.
(b) Transactions.--Not later than 12 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation, the
National Credit Union Administration Board, or the Resolution Trust
Corporation shall make available, and update periodically thereafter, a
list of pending and settled lawsuits brought by such agency involving
transactions (other than those listed in subsection (a)) that caused a
material loss to such institution or to the deposit insurance fund.
SEC. 8. GAO AUDITS.
The Comptroller General shall selectively audit examination reports
made available to the public by the appropriate Federal banking
agencies under section 2, and disclosures made by the Federal Deposit
Insurance Corporation, National Credit Union Administration, and
Resolution Trust Corporation under section 7, to assess compliance with
the requirements of those sections. The Comptroller General shall
determine the nature, scope, terms, and conditions of audits conducted
under this section. | Bank and Thrift Disclosure Act of 1993 - Requires each appropriate banking agency to disclose to the public the reports of all examinations of each failed depository institution performed during the five-year period preceding its transfer, failure, or receipt of certain Federal depository insurance (or other Federal "bail-out" funds). Limits such disclosure requirement to an institution that received such funds while it was critically undercapitalized within the one-year period before its failure. Cites conditions under which public disclosure may be delayed because of threats to safety, soundness, or pending administrative, civil, or criminal investigations. Subjects a holding company of such a failed institution to the same public disclosure requirements, but excludes open institutions and affiliated solvent institutions.
Mandates public disclosure of settlement agreements between the Resolution Trust Corporation or the Federal Deposit Insurance Corporation and any other party with respect to certain failed depository institutions.
Applies the public disclosure requirements of this Act to specified kinds of failed institutions.
Shields certain identifying and customer information from the disclosure requirements.
Requires the appropriate banking agencies to: (1) make public disclosures of loans by insiders (senior personnel and principal shareholders) who have defaulted on loans made by a failed institution; and (2) provide the public with periodic updates of pending and settled lawsuits brought by such agencies involving transactions that caused a material loss to either the failed depository institution or to the deposit insurance fund.
Directs the Comptroller General to selectively audit examination reports and public disclosures made by the appropriate banking agencies to assess their compliance with this Act. | {"src": "billsum_train", "title": "Bank and Thrift Disclosure Act of 1993"} | 2,089 | 339 | 0.587285 | 1.951412 | 0.792401 | 2.52649 | 6.652318 | 0.857616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Welfare Act Amendments of
1996''.
SEC. 2. DEFINITIONS.
Subsection (f) of section 2 of the Animal Welfare Act (7 U.S.C.
2132(f)) is amended to read as follows:
``(f) The term `dealer'--
``(1) means any person who, in commerce, for compensation
or profit, delivers for transportation, or transports, except
as a carrier, buys, offers to buy, sells, or offers for sale,
leases, offers to lease, negotiates the purchase, sale, or
lease of, or transfers--
``(A) any animal, whether alive or dead, for
research, experimentation, teaching, exhibition, or use
as a pet;
``(B) any dog for hunting or security purposes; or
``(C) any dog or cat for breeding purposes;
``(2) includes--
``(A) operators of auction sales; and
``(B) any person who owns or leases premises which
are used for trade days or flea markets at which the
activities described in this subsection are conducted;
and
``(3) does not include--
``(A) any pound or shelter operated by or on behalf
of a municipality; or
``(B) any governmental entity which sells or
otherwise provides animals to any dealer or research
facility;''.
SEC. 3. LICENSING REQUIREMENTS.
Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to
read as follows:
``Sec. 3. (a)(1) The Secretary shall issue licenses to dealers and
exhibitors upon application therefor in such form and manner as the
Secretary may prescribe and upon payment of any fee established
pursuant to this Act.
``(2) No license shall be issued or renewed under this Act--
``(A) until the dealer or exhibitor has demonstrated
compliance with the regulations and standards promulgated by
the Secretary pursuant to this Act;
``(B) to any person who has been convicted of, or entered a
plea of nolo contendere or the equivalent thereto, to a charge
of violating--
``(i) any treaty, Federal, State, or local law
involving the care or treatment of, or recordkeeping
for, animals;
``(ii) the Marine Mammal Protection Act, the
Endangered Species Act; or
``(iii) any treaty, Federal, State, or local law
for the protection of endangered or threatened species;
``(C) to any person who has failed to pay a civil penalty
which was previously assessed by the Secretary under this Act;
or
``(D) to any person whose license is suspended.
``(b)(1) The Secretary may exempt persons described in paragraph
(2) from licensing and other requirements under this Act, subject to
such conditions as the Secretary may prescribe in regulations, if--
``(A) in the judgment of the Secretary, such licensing or
requirements would not tend to effectuate the policy of the
Act; and
``(B) the activity of the dealer or exhibitor does not
involve animals used for research purposes.
``(2) Persons who may be exempted from licensing and other
requirements under paragraph (1) include--
``(A) operators of retail pet stores (except retail pet
stores which sell animals to research facilities, exhibitors,
or dealers);
``(B) persons who sell wild or exotic animals, with respect
to such wild or exotic animals; and
``(C) persons whose business activities as dealers or
exhibitors are de minimis.''.
SEC. 4. PROHIBITIONS.
Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to
read as follows:
``Sec. 4. Except as provided in subsection 3(b), no dealer or
exhibitor shall sell, offer for sale, lease, offer for lease, transfer,
transport, offer for transportation, acquire, buy, offer to buy,
exhibit, or offer to exhibit any animal, or engage in any other
business activity as a dealer or exhibitor, unless such dealer or
exhibitor holds a current, unsuspended license issued by the Secretary
under this Act.''.
SEC. 5. REGULATIONS REGARDING AUCTION SALES; ACQUISITIONS BY RESEARCH
FACILITIES; CONFORMING AMENDMENTS.
(a) Section 12 of the Animal Welfare Act (7 U.S.C. 2142) is amended
to read as follows:
``Sec. 12. The Secretary may promulgate humane standards and
recordkeeping and reporting requirements governing the purchase, sale,
or handling of animals by dealers, research facilities, exhibitors, or
persons consigning animals to auction sales.''.
(b) Section 5 of the Animal Welfare Act (7 U.S.C. 2135) is amended
by deleting ``subject to section 12 of this Act''.
(c) Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is
amended--
(1) in the first sentence of subsection (b) by deleting
``or, operator of an auction sale subject to section 12 of this
Act,'' and inserting ``or'' after ``handler,'';
(2) in the first sentence of subsection (c) by deleting ``,
or operator of an auction sale subject to section 12 of this
Act,'' and inserting ``or'' after ``handler,''; and
(3) in the first sentence of subsection (d) by deleting ``,
exhibitor or operator of an auction sale subject to section 12
of this Act,'' and inserting ``or exhibitor'' after ``dealer''.
SEC. 6. ENFORCEMENT.
Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C.
2149(a)) is amended to read as follows:
``(a)(1) If the Secretary has reason to believe that any person
licensed under this Act has violated or is violating any provision of
this Act or the regulations or standards issued thereunder, the
Secretary may suspend or refuse to renew such person's license for a
period of up to 120 days, except as otherwise provided by this section.
``(2) When the Secretary temporarily suspends or refuses to renew a
license under paragraph (1), the Secretary shall send written notice
thereof to the licensee. Such notice shall specify--
``(A) the nature, time, and place of the alleged violation;
``(B) that the licensee may request a hearing within 10
days of the receipt of the notice;
``(C) that, if, within 10 days of receipt of such notice,
the licensee requests a hearing, the licensee is entitled to
such hearing within 30 days of the suspension or refusal to
renew; and
``(D) that if the licensee does not request a hearing
within 10 days of receipt of such notice, the licensee forfeits
the right to a hearing within such 30-day period, and the
suspension or refusal to renew shall remain in effect until an
administrative law judge has issued a decision and order
regarding such suspension or refusal to renew.
``(3) An administrative law judge shall issue a decision and order
within 30 days after the conclusion of a hearing held pursuant to this
section.
``(4) If, after notice and opportunity for hearing, a licensee is
determined to have violated a provision of this Act or the regulations
or standards issued hereunder, the Secretary may issue an order--
``(A) suspending or refusing to renew such license for such
additional period as the Secretary may specify; or
``(B) revoking such license.
``(5) An order issued under paragraph (4) shall be effective
pending the final determination of the Secretary.''.
SEC. 7. INJUNCTIONS.
Section 29(a) of the Animal Welfare Act (7 U.S.C. 2159(a)) is
amended to read as follows:
``(a) Request.--(1) The Secretary shall notify the Attorney General
whenever the Secretary has reason to believe that a dealer, exhibitor,
research facility, carrier, or intermediate handler--
``(A) is dealing in stolen animals;
``(B) is placing the health of any animal in danger, in
violation of this Act or the regulations or standards issued
thereunder; or
``(C) is otherwise in violation of this Act or the
regulations or standards issued thereunder; and
``(D) should be enjoined from operating in violation of
this Act or the regulations or standards issued thereunder.
``(2) After notification under paragraph (1), the Attorney General
may apply to the United States district court for the district in which
the violator resides or conducts business for a temporary restraining
order or preliminary injunction to prevent such violator from operating
in violation of this Act or the regulations or standards prescribed
under this Act.''. | Animal Welfare Act Amendments of 1996 - Amends the Animal Welfare Act to redefine: (1) the term "dealer"; and (2) dealer and exhibitor licensing provisions.
Excludes operators of auctions from certain civil penalty provisions. Increases the temporary license suspension penalty, and includes a revocation provision. Revises injunction provisions. | {"src": "billsum_train", "title": "Animal Welfare Act Amendments of 1996"} | 1,981 | 75 | 0.525404 | 1.361562 | 0.682246 | 1.569231 | 28.8 | 0.738462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Seniors Through
Immunization Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Herpes zoster, also known as shingles, is caused by the
reactivation of the varicella-zoster virus that causes
chickenpox in childhood. The virus can reactivate later in
life, resulting in a painful, itchy rash that can persist for
weeks, months, or years. Not only does the risk of herpes
zoster itself increase with age, but, among individuals who
experience herpes zoster, older individuals are much more
likely to experience postherpetic neuralgia non-pain
complications, hospitalizations, and interference with
activities of daily living, such as eating, dressing, and
bathing.
(2) Postherpetic neuralgia, a complication of shingles,
occurs rarely among individuals under age 40 but can occur in
up to \1/3\ of untreated individuals age 60 and older.
(3) The Food and Drug Administration approved the herpes
zoster vaccine for individuals age 50 and older. The Advisory
Committee on Immunization Practices presently recommends the
herpes zoster vaccine for all individuals age 60 and older.
(4) The Healthy People 2020 target baseline for the herpes
zoster vaccine is 30 percent coverage for individuals age 60
and over. This benchmark is unfortunately low compared to that
of other adult vaccines such as influenza (70 percent) and
pneumococcal disease (60 percent). Even at such a low target,
the coverage rate is not being met. The Centers for Disease
Control and Prevention reported that in 2014, only 28 percent
of adults age 60 and older reported receiving the herpes zoster
vaccine.
(5) According to the 2014 National Health Interview Survey
of the Centers for Disease Control and Prevention, vaccination
rates for adults are 20 percent for Tetanus, Diphtheria, and
Pertussis, 28 percent for shingles, 24 percent for Hepatitis B,
and 61 percent for pneumonia. There are also disparities across
adult vaccination rates. Adult immunization rates are generally
lower among Hispanics, African-Americans, and Asians.
(6) Medicare coverage for the herpes zoster vaccine under
the Prescription Drug Program under part D of title XVIII of
the Social Security Act has resulted in many barriers to
optimal and consistent uptake to prevent shingles and its
costly and painful complications.
(7) Lack of awareness and logistical and financial
challenges are the most often cited reasons for Medicare
beneficiaries not being immunized against the varicella-zoster
virus.
(8) Herpes zoster is estimated to account for more than
87,000 emergency room visits and 28,000 inpatient admissions
each year. Average costs across the episode of care were $1,835
and $14,428 per patient in the outpatient and inpatient
settings, respectively.
SEC. 3. PROVISION OF INFORMATION REGARDING VACCINES FOR SENIORS AS PART
OF MEDICARE & YOU HANDBOOK AND COVERAGE OF THE SHINGLES
VACCINE UNDER MEDICARE PART D.
(a) Provision of Information Regarding Vaccines for Seniors as Part
of Medicare & You Handbook.--
(1) In general.--Section 1804 of the Social Security Act
(42 U.S.C. 1395b-2) is amended--
(A) in subsection (a)(1), by inserting ``,
including information with respect to coverage of
vaccines for seniors described in subsection (d)''
before the comma at the end; and
(B) by adding at the end the following new
subsection:
``(d) The notice provided under subsection (a) shall include
information with respect to vaccines for seniors, including information
with respect to coverage of the shingles vaccine under part D for
individuals enrolled in a prescription drug plan under such part.''.
(2) Effective date.--The amendments made by this subsection
shall apply to notices distributed prior to each Medicare open
enrollment period beginning after the date of implementation of
section 1860D-2(b)(8), as added by subsection (b)(2).
(b) Coverage of the Shingles Vaccine Under Medicare Part D.--
(1) Provision of educational materials regarding the
availability of acip-recommended herpes vaccine with no cost
sharing.--Section 1860D-4(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-104(a)(1)(B)) is amended by adding at the end
the following new clause:
``(v) For plan years beginning on or after
January 1 of the first year beginning more than
60 days after the date of the enactment of this
clause, information regarding access to the
shingles vaccines with no cost sharing under
the plan.''.
(2) Ensuring treatment of cost sharing is consistent with
treatment of vaccines under medicare part b.--Section 1860D-
2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) is
amended--
(A) in paragraph (1)(A), by striking ``the
coverage'' and inserting ``Subject to paragraph (8),
the coverage'';
(B) in paragraph (2)(A), by striking ``and (D)''
and inserting ``and (D) and paragraph (8)'';
(C) in paragraph (3)(A), by striking ``and (4)''
and inserting ``(4), and (8)'';
(D) in paragraph (4)(A)(i), by striking ``The
coverage'' and inserting ``Subject to paragraph (8),
the coverage''; and
(E) by adding at the end the following new
paragraph:
``(8) Treatment of cost sharing for shingles vaccine
consistent with treatment of vaccines under part b.--For plan
years beginning on or after January 1 of the first year
beginning more than 60 days after the date of the enactment of
this paragraph:
``(A) No application of deductible.--The deductible
under paragraph (1) shall not apply with respect to the
shingles vaccine.
``(B) No application of coinsurance.--There shall
be no coinsurance under paragraph (2) with respect to
the shingles vaccine.
``(C) No application of initial coverage limit.--
The initial coverage limit under paragraph (3) shall
not apply with respect to the shingles vaccine.
``(D) No cost sharing above annual out-of-pocket
threshold.--There shall be no cost sharing under
paragraph (4) with respect to the shingles vaccine.''.
(3) Conforming amendments to cost sharing for low-income
individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)(D), in each of clauses (ii)
and (iii), by striking ``In the case'' and inserting
``Subject to paragraph (6), in the case'';
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``The
substitution'' and inserting ``Subject to
paragraph (6), the substitution''; and
(ii) in subparagraph (E), by striking
``subsection (c)'' and inserting ``paragraph
(6) and subsection (c)''; and
(C) by adding at the end the following new
paragraph:
``(6) No application of cost sharing for shingles
vaccine.--Consistent with section 1860D-2(b)(8), for plan years
beginning on or after January 1 of the first year beginning
more than 60 days after the date of the enactment of this
paragraph, there shall be no cost sharing under this section
with respect to the shingles vaccine.''.
(c) Study and Report.--
(1) Study.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary''), acting
through the Director of the Centers for Disease Control and
Prevention, in collaboration with the Administrator of the
Centers for Medicare & Medicaid Services, shall conduct a study
on the uptake of vaccines, including the herpes zoster vaccine
and the tetanus, diphtheria, and pertussis vaccine, and
anticipated vaccines against such diseases as respiratory
syncytial virus, clostridium difficile, and others. Such study
shall include an analysis of ways to--
(A) increase the baseline target rate of coverage
for currently recommended vaccines, such as herpes
zoster vaccine coverage in the Healthy People 2030
goals;
(B) ensure that the baseline target focuses on
reducing racial and socio-economic disparities in the
vaccine coverage rates for all adult vaccines,
including the herpes zoster vaccine; and
(C) help facilitate vaccination for Medicare
beneficiaries for vaccines recommended by the Centers
for Disease Control and Prevention both currently and
in the future, by developing and evaluating a specific
set of actions that will address physician and health
care provider administrative challenges, such as
difficulty verifying beneficiary coverage and
complexity of physician office billing of vaccines
covered under Medicare part D, that impact access for
beneficiaries.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report containing the results of the study under paragraph (1),
together with recommendations for such legislation and
administrative action as the Secretary determines appropriate. | Protecting Seniors Through Immunization Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to specify that certain deductible, coinsurance, initial coverage limit, and cost-sharing requirements that apply under the Medicare prescription drug benefit shall not apply with respect to the shingles vaccine. The Centers for Medicare & Medicaid Services must provide to Medicare beneficiaries specified information regarding: (1) coverage of vaccines for seniors, and (2) access to the shingles vaccine without cost-sharing. | {"src": "billsum_train", "title": "Protecting Seniors Through Immunization Act of 2016"} | 2,154 | 108 | 0.432756 | 1.267393 | 0.214006 | 2.443299 | 19.061856 | 0.876289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCHIP Full Funding Extension Act of
2008''.
SEC. 2. EXTENDING SCHIP FUNDING THROUGH FISCAL YEAR 2012.
(a) Through Fiscal Year 2012.--
(1) In general.--Section 2104 of the Social Security Act
(42 U.S.C. 1397dd), as amended by section 201 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173),
is amended--
(A) in subsection (a)(11), by striking ``and 2009''
and inserting ``, 2009, 2010, 2011, and 2012''; and
(B) in subsection (c)(4)(B), by striking ``through
2009'' and inserting ``through 2012''.
(2) Availability of extended funding.--Funds made available
from any allotment made from funds appropriated under
subsection (a)(11) or (c)(4)(B) of section 2104 of the Social
Security Act (42 U.S.C. 1397dd) for fiscal year 2009, 2010,
2011, or 2012 shall not be available for child health
assistance for items and services furnished after September 30,
2012.
(b) Extension of Treatment of Qualifying States.--
(1) In general.--Section 2105(g)(1)(A) of the Social
Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amended by section
201(b) of the Medicare, Medicaid, and SCHIP Extension Act of
2007 (Public Law 110-173), is amended by striking ``or 2009''
and inserting ``2009, 2010, 2011, or 2012''.
(2) Conforming amendment.--Section 201(b) of such Public
Law is amended by striking paragraph (2).
(c) Additional Allotments To Maintain SCHIP Programs Through Fiscal
Year 2012.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd)
is amended by striking subsection (l) and inserting the following new
subsections:
``(l) Additional Allotments To Maintain SCHIP Programs for Fiscal
Year 2009.--
``(1) Appropriation; allotment authority.--For the purpose
of providing additional allotments described in subparagraphs
(A) and (B) of paragraph (3), there is appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as
may be necessary, not to exceed $2,000,000,000 for fiscal year
2009.
``(2) Shortfall states described.--For purposes of
paragraph (3), a shortfall State described in this paragraph is
a State with a State child health plan approved under this
title for which the Secretary estimates, on the basis of the
most recent data available to the Secretary, that the Federal
share amount of the projected expenditures under such plan for
such State for fiscal year 2009 will exceed the sum of--
``(A) the amount of the State's allotments for each
of fiscal years 2007 and 2008 that will not be expended
by the end of fiscal year 2008;
``(B) the amount, if any, that is to be
redistributed to the State during fiscal year 2009 in
accordance with subsection (i); and
``(C) the amount of the State's allotment for
fiscal year 2009.
``(3) Allotments.--In addition to the allotments provided
under subsections (b) and (c), subject to paragraph (4), of the
amount available for the additional allotments under paragraph
(1) for fiscal year 2009, the Secretary shall allot--
``(A) to each shortfall State described in
paragraph (2) not described in subparagraph (B), such
amount as the Secretary determines will eliminate the
estimated shortfall described in such paragraph for the
State; and
``(B) to each commonwealth or territory described
in subsection (c)(3), an amount equal to the percentage
specified in subsection (c)(2) for the commonwealth or
territory multiplied by 1.05 percent of the sum of the
amounts determined for each shortfall State under
subparagraph (A).
``(4) Proration rule.--If the amounts available for
additional allotments under paragraph (1) are less than the
total of the amounts determined under subparagraphs (A) and (B)
of paragraph (3), the amounts computed under such subparagraphs
shall be reduced proportionally.
``(5) Retrospective adjustment.--The Secretary may adjust
the estimates and determinations made to carry out this
subsection as necessary on the basis of the amounts reported by
States not later than November 30, 2008, on CMS Form 64 or CMS
Form 21, as the case may be, and as approved by the Secretary.
``(6) One-year availability; no redistribution of
unexpended additional allotments.--Notwithstanding subsections
(e) and (f), amounts allotted to a State pursuant to this
subsection for fiscal year 2009, subject to paragraph (5),
shall only remain available for expenditure by the State
through September 30, 2009. Any amounts of such allotments that
remain unexpended as of such date shall not be subject to
redistribution under subsection (f).
``(m) Additional Allotments To Maintain SCHIP Programs for Fiscal
Year 2010.--
``(1) Appropriation; allotment authority.--For the purpose
of providing additional allotments described in subparagraphs
(A) and (B) of paragraph (3), there is appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as
may be necessary, not to exceed $3,000,000,000 for fiscal year
2010.
``(2) Shortfall states described.--For purposes of
paragraph (3), a shortfall State described in this paragraph is
a State with a State child health plan approved under this
title for which the Secretary estimates, on the basis of the
most recent data available to the Secretary, that the Federal
share amount of the projected expenditures under such plan for
such State for fiscal year 2010 will exceed the sum of--
``(A) the amount of the State's allotments for each
of fiscal years 2008 and 2009 that will not be expended
by the end of fiscal year 2009;
``(B) the amount, if any, that is to be
redistributed to the State during fiscal year 2010 in
accordance with subsection (f); and
``(C) the amount of the State's allotment for
fiscal year 2010.
``(3) Allotments.--In addition to the allotments provided
under subsections (b) and (c), subject to paragraph (4), of the
amount available for the additional allotments under paragraph
(1) for fiscal year 2010, the Secretary shall allot--
``(A) to each shortfall State described in
paragraph (2) not described in subparagraph (B) such
amount as the Secretary determines will eliminate the
estimated shortfall described in such paragraph for the
State; and
``(B) to each commonwealth or territory described
in subsection (c)(3), an amount equal to the percentage
specified in subsection (c)(2) for the commonwealth or
territory multiplied by 1.05 percent of the sum of the
amounts determined for each shortfall State under
subparagraph (A).
``(4) Proration rule.--If the amounts available for
additional allotments under paragraph (1) are less than the
total of the amounts determined under subparagraphs (A) and (B)
of paragraph (3), the amounts computed under such subparagraphs
shall be reduced proportionally.
``(5) Retrospective adjustment.--The Secretary may adjust
the estimates and determinations made to carry out this
subsection as necessary on the basis of the amounts reported by
States not later than November 30, 2010, on CMS Form 64 or CMS
Form 21, as the case may be, and as approved by the Secretary.
``(6) Availability; no redistribution of unexpended
additional allotments.--Notwithstanding subsections (e) and
(f), amounts allotted to a State pursuant to this subsection
for fiscal year 2010, subject to paragraph (5), shall only
remain available for expenditure by the State through September
30, 2010. Any amounts of such allotments that remain unexpended
as of such date shall not be subject to redistribution under
subsection (f).
``(n) Application to Fiscal Years 2011 and 2012.--
``(1) In general.--Subject to paragraph (2), subsection (m)
shall apply to each of fiscal years 2011 and 2012 in the same
manner such subsection applies to fiscal year 2010.
``(2) Application.--In applying subsection (m) under
paragraph (1) with respect to--
``(A) fiscal year 2011--
``(i) each reference to a year or date in
such subsection shall be deemed a reference to
the following year or to one year after such
date, respectively; and
``(ii) the reference to `$3,000,000,000' in
paragraph (1) of such subsection shall be
deemed a reference to `$4,000,000,000'; and
``(B) fiscal year 2012--
``(i) each reference to a year or date in
such subsection shall be deemed a reference to
the second following year or to two year after
such date, respectively; and
``(ii) the reference to `$3,000,000,000' in
paragraph (1) of such subsection shall be
deemed a reference to `$5,000,000,000'.''.
SEC. 3. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF
THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN
CHILDREN.
Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is
amended--
(1) in paragraph (1)(A), by inserting ``subject to
paragraph (4),'' after ``Notwithstanding any other provision of
law,''; and
(2) by adding at the end the following new paragraph:
``(4) Option for certain allotments.--
``(A) Payment of enhanced portion of matching rate
for certain expenditures.--In the case of expenditures
described in subparagraph (B), a qualifying State (as
defined in paragraph (2)) may elect to be paid from the
State's allotment made under section 2104 for any
fiscal year (beginning with fiscal year 2009) (insofar
as the allotment is available to the State under
subsection (e) of such section) an amount each quarter
equal to the additional amount that would have been
paid to the State under title XIX with respect to such
expenditures if the enhanced FMAP (as determined under
subsection (b)) had been substituted for the Federal
medical assistance percentage (as defined in section
1905(b)).
``(B) Expenditures described.--For purposes of
subparagraph (A), the expenditures described in this
subparagraph are expenditures made after the date of
the enactment of this paragraph and during the period
in which funds are available to the qualifying State
for use under subparagraph (A), for the provision of
medical assistance to individuals residing in the State
who are eligible for medical assistance under the State
plan under title XIX or under a waiver of such plan and
who have not attained age 19, and whose family income
equals or exceeds 133 percent of the poverty line but
does not exceed the Medicaid applicable income
level.''. | SCHIP Full Funding Extension Act of 2008 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to extend through FY2012 funding under the SCHIP program, including additional allotments to maintain SCHIP funding for such fiscal years in shortfall states.
Grants qualifying states the option to receive the enhanced portion of the SCHIP matching rate for Medicaid coverage of certain children. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to extend through fiscal year 2012 funding under the State Children's Health Insurance Program (SCHIP)."} | 2,557 | 98 | 0.576426 | 1.487561 | 0.626552 | 3.540541 | 31 | 0.891892 |
SECTION 1. PRESUMPTIONS OF SERVICE CONNECTION FOR PURPOSES OF BENEFITS
UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS
FOR DISEASES ASSOCIATED WITH SERVICE IN THE ARMED FORCES
AND EXPOSURE TO BIOLOGICAL, CHEMICAL, OR OTHER TOXIC
AGENTS AS PART OF PROJECT 112.
(a) Presumption of Service Connection.--Subchapter I of chapter 11
of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Presumptions of service connection for diseases associated
with Project 112
``(a) Presumption of Service Connection.--(1) For purposes of
section 1110 of this title, and subject to section 1113 of this title,
each disease, if any, described in paragraph (2) shall be considered to
have been incurred in or aggravated by service referred to in that
paragraph, notwithstanding that there is no record of evidence of such
disease during the period of such service.
``(2) A disease referred to in paragraph (1) is any diagnosed
disease that--
``(A) the Secretary determines in regulations prescribed
under this section to warrant a presumption of service
connection by reason of having an increased incidence of
exposure to a biological, chemical, or other toxic agent known
or presumed to be associated with service in the Armed Forces
during which the veteran was subjected, directly or indirectly,
to a chemical or biological warfare test or project under
Project 112; and
``(B) becomes manifest within the period, if any,
prescribed in such regulations in a veteran who served on
active duty and was subjected, directly or indirectly, to a
chemical or biological warfare test or project under Project
112 and by reason of such service was exposed to such agent.
``(3) For purposes of this subsection, a veteran who served on
active duty and was subjected, directly or indirectly, to a chemical or
biological warfare test or project under Project 112 and has a disease
described in paragraph (2) shall be presumed to have been exposed by
reason of such service to a biological, chemical, or other toxic agent
associated with the disease in the regulations prescribed under this
section unless there is conclusive evidence to establish that the
veteran was not exposed to the agent by reason of such service.
``(b) Determination of Presumption of Service Connection.--(1)(A)
Whenever the Secretary makes a determination described in subparagraph
(B), the Secretary shall prescribe regulations providing that a
presumption of service connection is warranted for the disease covered
by that determination for purposes of this section.
``(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence that a
positive association exists between--
``(i) the exposure of humans or animals to a biological,
chemical, or other toxic agent known or presumed to be
associated with service in the Armed Forces during which the
veteran was subjected, directly or indirectly, to a chemical or
biological warfare test or project under Project 112; and
``(ii) the occurrence of a diagnosed disease in humans or
animals.
``(2)(A) In making determinations for purposes of paragraph (1),
the Secretary shall take into account all sound medical and scientific
information and analyses available to the Secretary.
``(B) In evaluating any report, information, or analysis for
purposes of making such determinations, the Secretary shall take into
consideration whether the results are statistically significant, are
capable of replication, and withstand peer review.
``(3) An association between the occurrence of a disease in humans
or animals and exposure to a biological, chemical, or other toxic agent
shall be considered to be positive for purposes of this subsection if
the credible evidence for the association is equal to or outweighs the
credible evidence against the association.
``(c) Removal of Presumption.--Whenever the presumption of service
connection for a disease under this section is removed under subsection
(b)--
``(1) a veteran who was awarded compensation for the
disease on the basis of the presumption before the effective
date of the removal of the presumption shall continue to be
entitled to receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting
from the disease on the basis of the presumption before that
date shall continue to be entitled to receive dependency and
indemnity compensation on that basis.
``(d) Project 112 Defined.--In this section, the term `Project 112'
means the chemical and biological weapons program conducted by the
Department of Defense or any other Federal agency or federally funded
entity through the Deseret Test Center and other similar facilities
from approximately 1963 to 1973, including the Shipboard Hazard and
Defense Project (Project SHAD).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter I the following new item:
``1119. Presumptions of service connection for illnesses associated
with service in support of chemical or
biological warfare tests or projects.''.
SEC. 2. REGULATIONS, PERSONNEL RECORDS, AND REPORT CONCERNING PROJECT
112.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to notify all veterans potentially exposed to any
biological or chemical agent, simulant, tracer, or decontaminant during
Project 112 of such potential exposure.
(b) Personnel Records.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Defense shall transmit to the
Secretary of Veterans Affairs all records of active duty personnel and
reservists potentially, directly or indirectly, exposed to any
biological or chemical agent, simulant, tracer, or decontaminant.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Defense, in consultation with the Secretary
of Veterans Affairs, shall submit to Congress a report concerning
Project 112. The report shall--
(1) document the costs, benefits, and challenges associated
with continuing the search for additional Project 112
participants;
(2) provide a full accounting of all information known
concerning Project 112 participants; and
(3) address other concerns regarding Project 112 held by
the Department of Veterans Affairs, veterans, or veterans
service organizations.
(d) Project 112 Defined.--In this section, the term ``Project 112''
means the chemical and biological weapons program conducted by the
Department of Defense or any other Federal agency or federally funded
entity through the Deseret Test Center and other similar facilities
from approximately 1963 to 1973, including the Shipboard Hazard and
Defense Project (Project SHAD). | Creates, for veterans who were subjected to certain chemical or biological warfare testing involving Project 112 conducted through Deseret Test Center (including the Shipboard Hazard and Defense Project, also known as Project SHAD), a presumption that a disease was incurred in or aggravated by service, notwithstanding that there is no record of evidence of the disease during the period of service, if the disease warrants presumtion of service connection by reason of increased exposure to a biological, chemical, or other toxic agent. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide veterans for presumptions of service connection for purposes of benefits under laws administered by Secretary of Veterans Affairs for diseases associated with service in the Armed Forces and exposure to biological, chemical, or other toxic agents as part of Project 112, and for other purposes."} | 1,556 | 118 | 0.653511 | 1.927308 | 0.516464 | 4.304348 | 15.021739 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights in India Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In India, tens of thousands of political prisoners,
including prisoners of conscience, are being held without
charge or trial under special or preventive detention laws.
(2) The special and preventive detention laws most
frequently cited by human rights organizations are the
Terrorist and Disruptive Activities (Prevention) Act (TADA) of
1987, the National Security Act of 1980, the Armed Forces
(Punjab and Chandigarh) Special Powers Act of 1983, the Armed
Forces (Jammu and Kashmir) Special Powers Act of 1990, and the
Jammu and Kashmir Public Safety Act of 1978.
(3) These laws provide the military and police forces of
India sweeping powers of arrest and detention with broad powers
to shoot to kill with virtual immunity from prosecution.
(4) These laws contravene important international human
rights standards established under the International Covenant
on Civil and Political Rights, to which India is a party, such
as the right of liberty and security, the right to a fair
trial, the right to freedom of expression, and the right not to
be subjected to torture or arbitrary arrest and detention.
(5) Throughout India, political detainees are often held
for several months, and in some cases a year, without access to
family, friends, or legal counsel.
(6) Throughout India, the torture of detainees has been
routine, and scores of people have died in police and military
custody as a result.
(7) Throughout India, scores of political detainees have
``disappeared'' and hundreds of people are reported to have
been extrajudicially executed by military and police forces.
(8) In Punjab, the Punjab Government encouraged
extrajudicial executions by offering bounties for the killing
of militants and paid over 41,000 such bounties between 1991
and 1993.
(9) Abuses by the military and police forces of India are
particularly widespread in the states of Punjab, Assam,
Manipur, Nagaland, and the portion of the disputed territory of
Jammu and Kashmir under the control of the Government of India.
(10) Many victims come from underprivileged and vulnerable
sections of society in India, particularly the scheduled castes
and tribes.
(11) The establishment of the National Human Rights
Commission by the Government of India is an important first
step toward improving the human rights record of India.
(12) However, many human rights organizations are deeply
concerned about the severe limitations placed on the powers,
mandate, and methodology of the National Human Rights
Commission.
(13) In 1994, the decision by the Government of India to
allow the International Committee of the Red Cross to provide
limited humanitarian assistance in the portion of the disputed
territory of Jammu and Kashmir under the control of the
Government of India was an important first step in providing
international humanitarian organizations greater access to
troubled areas of India.
(14) However, in 1994, the Government of India continued to
prohibit several international human rights organizations from
conducting independent investigations in the portion of the
disputed territory of Jammu and Kashmir under the control of
the Government of India and provided only limited access to
such organizations to other states such as Punjab, Assam,
Manipur, and Nagaland where significant human rights problems
exist.
(15) In India, armed opposition groups have committed human
rights abuses.
(16) Several human rights organizations have called on such
armed opposition groups to respect basic standards of
humanitarian law which require that individuals not taking part
in hostilities should at all times be treated humanely.
SEC. 3. LIMITATION ON DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN
STEPS ARE TAKEN BY THE GOVERNMENT OF INDIA TO IMPROVE
HUMAN RIGHTS IN INDIA.
(a) Limitation.--The President may not provide development
assistance for India for any fiscal year unless the President transmits
to the Congress a report containing a certification for such fiscal
year that the Government of India meets the following requirements:
(1) The Government of India has released all prisoners of
conscience in India.
(2) The Government of India ensures that all political
prisoners in India are brought to trial promptly and fairly, or
released, and have prompt access to legal counsel and family
members.
(3) The Government of India has eliminated the practice of
torture in India by the military and police forces.
(4) The Government of India impartially investigates all
allegations of torture and deaths of individuals in custody in
India.
(5) The Government of India has established the fate or
whereabouts of all political detainees in India who have
``disappeared''.
(6) The Government of India brings to justice those members
of the military and police forces responsible for torturing or
improperly treating prisoners in India.
(7) The Government of India permits citizens of India who
are critical of such Government to travel abroad and return to
India.
(8) The Government of India ensures that human rights
monitors in India are not targeted for arrest or harassment by
the military and police forces of India.
(9) The Government of India permits both international and
domestic human rights organizations and international and
domestic television, film, and print media full access to all
states in India where significant human rights problems exist.
(b) Requirement for Continuing Compliance.--Any certification with
respect to the Government of India for a fiscal year under subsection
(a) shall cease to be effective for that fiscal year if the President
transmits to the Congress a report containing a determination that such
Government has not continued to comply with the requirements contained
in paragraphs (1) through (9) of such subsection.
(c) Waiver.--The limitation on development assistance for India
contained in subsection (a) shall not apply if the President transmits
to the Congress a report containing a determination that providing such
assistance for India is in the national security interest of the United
States.
(d) Definitions.--As used in this section:
(1) Development assistance.--The term ``development
assistance'' means assistance under chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) India.--The term ``India'' includes the portion of the
disputed territory of Jammu and Kashmir under the control of
the Government of India.
(e) Effective Date.--The prohibition contained in subsection (a)
shall apply with respect to the provision of development assistance
beginning 9 months after the date of the enactment of this Act. | Human Rights in India Act - Prohibits development assistance for India for any fiscal year unless the President certifies to the Congress that the Government of India: (1) has released all prisoners of conscience; (2) ensures that all political prisoners are brought to trial promptly and fairly or released and have access to legal counsel and family members; (3) has eliminated the practice of torture by the military and police forces; (4) impartially investigates all allegations of torture and deaths of individuals in custody; (5) has established the fate or whereabouts of all political detainees who have disappeared; (6) brings to justice members of the military and police forces responsible for torturing or improperly treating prisoners; (7) permits citizens who are critical of such Government to travel abroad and return to India; (8) ensures that human rights monitors are not targeted for arrest or harassment by the military and police forces; and (9) permits human rights organizations and television, film, and print media full access to all states in India where significant human rights problems exist.
Waives such prohibition if such waiver is in the national security interest. | {"src": "billsum_train", "title": "Human Rights in India Act"} | 1,425 | 228 | 0.539635 | 1.746864 | 0.838941 | 5.345455 | 6.140909 | 0.936364 |
SECTION 1. TAX CREDIT FOR EDUCATION EXPENSES AT 2-YEAR COLLEGES.
(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 adding at the end the following:
``SEC. 25A. EDUCATION EXPENSES AT 2-YEAR COLLEGES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter an
amount equal to the qualified higher education expenses paid by the
taxpayer during the taxable year.
``(b) Limitations.--
``(1) Amount of credit.--The amount allowed as a credit
under subsection (a) for any taxable year with respect to any
student shall not exceed $1,500.
``(2) Credit reduced by nontaxable federal assistance.--The
amount of the credit allowed under subsection (a) (determined
without regard to this paragraph) shall be reduced by any
scholarship or grant provided by the Federal Government which
is exempt from tax under this chapter.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees required for
the enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
in a 2-year degree program at an institution of higher
education.
``(B) Exception for education involving sports,
inc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies unless such expenses--
``(i) are part of a 2-year degree program,
or
``(ii) are deductible under this chapter.
``(C) Inclusion of reasonable living expenses.--
Such term shall include reasonable living expenses
while away from home.
``(D) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1997, the $1,500
amount contained in subsection (b)(1) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, except that section
1(f)(3)(B) shall be applied by substituting
`1996' for `1992'.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50 (or if
such amount is a multiple of $25, such amount shall be
rounded to the next highest multiple of $50).
``(3) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141), as in effect on
the date of enactment of this section, and
``(B) an area vocational education school (as
defined in subparagraph (C) or (D) of section 521(4) of
the Carl D. Perkins Vocational Education Act) which is
in any State (as defined in section 521(33) of such
Act), as such sections are in effect on the date of
enactment of this section.
``(d) No Double Benefit.--No credit shall be allowed under
subsection (a) for qualified higher education expenses with respect to
which a deduction is allowed under any other provision of this chapter.
``(e) Special Rules.--
``(1) Limitation on taxable year of credit.--
``(A) In general.--A credit shall be allowed under
subsection (a) for any taxable year only to the extent
the qualified higher education expenses are in
connection with attendance at an institution of higher
education during the taxable year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year which are in
connection with attendance at an institution of higher
education which begins during the first 2 months of the
following taxable year.
``(2) Adjustment for certain scholarships and veterans'
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
attendance at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(3) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''.
(b) Conforming 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 inserting after the item relating to section 25 the
following:
``Sec. 25A. Education expenses at 2-year
colleges.''.
(c) Effective Date.--The amendments made by this section apply to
taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to allow a limited tax credit for educational expenses at a two-year college. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable tax credit for the expenses of an education at a 2-year college."} | 1,403 | 26 | 0.494907 | 1.083137 | -0.027046 | 1.809524 | 60.095238 | 0.761905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Efficiency Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to facilitate the efficient operation of banks that are
subsidiaries of multistate bank holding companies;
(2) to enhance the interstate delivery of banking services
to both consumers and businesses; and
(3) to strengthen generally the operation of the banking
system.
SEC. 3. AMENDMENTS TO THE BANK HOLDING COMPANY ACT.
(a) Definitions.--Section 2 of the Bank Holding Company Act of 1956
(12 U.S.C. 1841) is amended by adding at the end the following new
subsection:
``(n) Appropriate Federal Banking Agency.--For purposes of this
Act, the term `appropriate Federal banking agency' shall have the same
meaning as such term is given in section 3(q) of the Federal Deposit
Insurance Act.''.
(b) Interstate Banking.--Section 3(d) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1842(d)) is amended--
(1) by striking ``(d)'' and inserting the following:
``(d) Limitation by State Boundaries.--
``(1) In general.--''; and
(2) by adding at the end the following new paragraph:
``(2) Interstate combination.--
``(A) A bank holding company having subsidiary
banks located in more than one State may combine two or
more of such banks into a single bank by means of
merger, consolidation, or other transaction.
``(B) Nothing in this paragraph shall be deemed to
authorize--
``(i) a national bank to operate branches
at locations in a State unless a national bank
having offices only in such State could operate
branches at such locations;
``(ii) a State-chartered bank to operate
branches at locations in a State unless a
State-chartered bank having branches only in
such State could operate branches at such
locations; or
``(iii) a State-chartered bank to operate
branches at locations outside its chartering
State in contravention of such chartering
State's laws.
``(C) This paragraph does not affect any other
requirement for regulatory approval or any other
procedures that are applicable under Federal or State
law to a combination authorized by subparagraph (A).
``(D) A bank resulting from a combination
authorized by subparagraph (A) may retain and operate
all existing main offices and branches in each bank
involved in such combination and in existence at the
time of such combination.
``(E) A national bank resulting from a combination
authorized under subparagraph (A) may establish
additional branches in any State in which it has
branches to the same extent and same manner that a
national bank having branches only in such State, may
establish branches in such State.
``(F) A national bank resulting from a combination
authorized by subparagraph (A) shall be entitled to
exercise at each of its branches, all powers and
privileges conferred by Federal law. To the extent that
Federal law references State law, the applicable State
law for each branch shall be the law of the State in
which the branch is located, except that for purposes
of section 5197 of the Revised Statutes, the
appropriate State law shall be the law of the State in
which the main office named in the bank's organization
certificate is located.
``(G) A State-chartered bank resulting from a
combination authorized under subparagraph (A) may,
subject to the approval of the appropriate State
regulatory authority, establish additional branches in
any State in which it has branches, to the extent and
in the same manner as a State bank chartered in such
State and having branches only in such State. For
purposes of this subparagraph, the appropriate State
regulatory authority is solely the State bank
supervisor for the State in which the branch is
proposed to be established.
``(H) A State-chartered bank resulting from a
combination authorized by subparagraph (A) shall be
entitled to exercise at each of its branches, all
powers and privileges conferred by the law of its
chartering State and Federal law. However, a branch of
such bank located in a State other than the chartering
State of the bank, may not exercise any power or
privilege that is not permitted under the laws of the
State in which the branch is located, for a branch
located within such State of a bank chartered by such
State. The State bank supervisor of the State in which
the bank is chartered shall have authority to determine
whether an activity of a branch is permissible as a
matter of State law. If a branch is located in a State
other than the chartering State, the State bank
regulator for the State in which the branch is located
may independently determine whether an activity of the
branch is permissible under the law of such State.
``(I) A State-chartered bank resulting from a
combination authorized by subparagraph (A) shall be
subject to State supervision only by the State bank
supervisor for the State in which the bank is
chartered. The State bank supervisor for the State in
which a branch is located may enter into a cooperative
agreement with the supervisor for the chartering State
to facilitate supervision of the bank and its branches.
Nothing in this subparagraph shall affect the
jurisdiction or authority of the appropriate Federal
banking agency to supervise or examine a State
chartered bank and all of its branches.
``(J) A bank may not participate in a combination
otherwise authorized by subparagraph (A) if, as of the
date of the filing with the appropriate Federal banking
agency of an application for approval of such
combination, the State in which such bank is located
has a statute, enacted within 2 years following the
effective date of this paragraph, that provides by
express language and not merely by implication that no
bank located in such State may combine with any other
bank pursuant to the authority conferred by
subparagraph (A).
``(K) If a bank resulting from a combination
authorized by subparagraph (A) ceases to be a
subsidiary of a bank holding company, it shall, within
2 years after the date on which it is no longer a
subsidiary of a bank holding company, no longer be
entitled to the benefits of this paragraph, and shall
comply with all provisions of Federal or State law
restricting the geographic location of its branches.
The appropriate Federal banking agency may, upon
application by a bank, extend the 2-year period
described in this subparagraph, for not more than one
year at a time, if such extension would not be
detrimental to the public interest. No such extensions
shall, in the aggregate, exceed 3 years.
``(L) If a bank that is combined with another bank
pursuant to subparagraph (A) is subject to conditions
imposed by State law pursuant to paragraph (1), the
resulting bank shall comply with such conditions to the
same extent that the bank originally subject to such
conditions was obligated to do so.
``(M) For purposes of this paragraph--
``(i) a national bank is located in the
State named in its organization certificate,
and a State-chartered bank is located in the
State in which it is chartered; and
``(ii) when a bank seeks pursuant to this
paragraph to operate branches in a State other
than the State in which the bank is located,
the first location in such other State at which
the bank seeks to operate a branch shall be
considered to be the main office of the bank
located in such other State.''.
SEC. 4. NATIONAL BANK ACT AMENDMENTS.
(a) Conversions to National Banks.--Section 5154 of the Revised
Statutes (12 U.S.C. 35) is amended in the first sentence by inserting
before the period ``unless said conversion is undertaken in connection
with a combination authorized by section 3(d)(2) of the Bank Holding
Company Act of 1956''.
(b) Director Qualifications.--Section 5146 of the Revised Statutes
(12 U.S.C. 72) is amended in the first sentence by striking ``and at
least two-thirds'' and all that follows through ``continuance in
office,''.
SEC. 5. EMERGENCY ACQUISITION AUTHORITY.
Notwithstanding any other provision of this Act--
(1) the amendments made by this Act shall not be construed
to limit or otherwise impair the authority of the Federal
Deposit Insurance Corporation to authorize extraordinary or
emergency acquisitions under section 11(n)(8)(B) or subsections
(f) or (k) of section 13 of the Federal Deposit Insurance Act;
and
(2) no bank holding company that has acquired a bank in
accordance with section 11(n)(8)(B) or section 13(f) of the
Federal Deposit Insurance Act shall, by reason of the
combination of such bank with any other bank in accordance with
section 3(d)(2) of the Bank Holding Company Act of 1956, as
amended by this Act, lose or otherwise be deprived of any
rights or privileges provided to the bank holding company under
Federal law by virtue of the acquisition, including rights or
privileges provided under section 13(f) of the Federal Deposit
Insurance Act. | Bank Efficiency Act - Amends the Bank Holding Company Act of 1956 to permit a bank holding company having subsidiary banks located in more than one State to combine its banks into a single bank by means of merger, consolidation, or other transaction. Prescribes operating guidelines for such bank combinations.
Amends the National Bank Act to conform the qualifications of bank directors with the provisions of this Act. | {"src": "billsum_train", "title": "Bank Efficiency Act"} | 2,039 | 84 | 0.604852 | 1.399695 | 1.04497 | 4.133333 | 25.56 | 0.853333 |
SECTION 1. EXTENSION AND MODIFICATION OF TREATMENT OF QUALIFIED ZONE
ACADEMY BONDS.
(a) Extension and Allocation of Credit Authority.--
(1) Extension.--Paragraph (1) of section 1397E(e) of the
Internal Revenue Code of 1986 is amended by striking ``and
2005'' and inserting ``2005, 2006, and 2007''.
(2) Allocation of limitation.--Section 1397E(e)(2) of such
Code is amended to read as follows:
``(2) Allocation of limitation.--
``(A) Allocation among states.--
``(i) Limitation before 2006.--The national
zone academy bond limitations for calendar
years 1998, 1999, 2000, 2001, 2002, 2003, 2004,
and 2005 shall be allocated by the Secretary
among the States on the basis of their
respective populations of individuals below the
poverty line (as defined by the Office of
Management and Budget).
``(ii) Limitation after 2005.--
``(I) In general.--The national
zone academy bond limitation for any
calendar year after 2005 shall be
allocated by the Secretary among the
States in proportion to the respective
amounts each such State received for
basic grants under subpart 2 of part A
of title I of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6331 et seq.) for the most
recent fiscal year ending before such
calendar year.
``(II) Minimum allocation.--The
allocation under subclause (I) to any
State shall in no event be less than 1
percent of the national zone academy
bond limitation. The Secretary shall
ratably reduce the allocations of
States to which this subclause does not
apply by the amount required to offset
increases in allocations of other
States under this subclause.
``(B) Allocation to academies.--The limitation
amount allocated to a State under subparagraph (A)
shall be allocated by the State to qualified zone
academies within such State.
``(C) Designation subject to limitation amount.--
The maximum aggregate face amount of bonds issued
during any calendar year which may be designated under
subsection (a) with respect to any qualified zone
academy shall not exceed the limitation amount
allocated to such academy under subparagraph (B) for
such calendar year.''.
(3) Unused authority.--Section 1397E(e) of such Code
(relating to limitation on amount of bonds designated) is
amended--
(A) by striking ``If'' in paragraph (4) and
inserting ``Except as provided in paragraph (5), if'',
and
(B) by adding at the end the following:
``(5) Reallocation for amounts unused for two years.--
Notwithstanding paragraph (4), rules similar to the rules of
section 42(h)(3)(D) shall apply for purposes of this
section.''.
(b) Proceeds of Bonds May Be Used for Construction.--Paragraph (5)
of section 1397E(d) of the Internal Revenue Code of 1986 (defining
qualified purpose) is amended--
(1) by striking ``rehabilitating or repairing'' in
subparagraph (A) and inserting ``constructing, rehabilitating,
or repairing'', and
(2) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by inserting
after subparagraph (A) the following:
``(B) acquiring the land on which the facility is
to be constructed,''.
(c) Repeal of Limitation on Taxpayers Eligible for Credit.--
(1) In general.--Section 1397E(a) of the Internal Revenue
Code of 1986 (relating to allowance of credit) is amended by
striking ``an eligible taxpayer'' and inserting ``a taxpayer''.
(2) Conforming amendment.--Section 1397E(d)(6) of such Code
is amended to read as follows:
``(6) Bonds held by regulated investment companies.--If any
qualified zone academy bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.''.
(d) Credits May Be Stripped.--Section 1397E of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(j) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified zone academy bond and
the entitlement to the credit under this section with respect
to such bond. In case of any such separation, the credit under
this section shall be allowed to the person who on the credit
allowance date holds the instrument evidencing the entitlement
to the credit and not to the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified zone academy bond as if it were a
stripped bond and to the credit under this section as if it
were a stripped coupon.''
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
obligations issued after December 31, 2005.
(2) Repeal of restriction on zone academy bond holders.--In
the case of bonds to which section 1397E of the Internal
Revenue Code of 1986 (as in effect before the date of the
enactment of this Act) applies, the limitation of such section
to eligible taxpayers (as defined in subsection (d)(6) of such
section) shall not apply after the date of the enactment of
this Act. | Amends the Internal Revenue Code to modify the tax credit allowed to holders of qualified zone academy bonds to: (1) extend through 2007 the authority for issuing such bonds and the national limitation amounts for such bonds; (2) allocate, after 2005, the bond limitation among states based upon grant amounts received by such states for disadvantaged students under the Elementary and Secondary Education Act of 1965; (3) permit the use of such bonds for constructing public school facilities and for the acquisition of land for such facilities; (4) permit all taxpayers to qualify for the tax credit (currently restricted to banks, finance and insurance companies); and (5) allow the ownership of such bonds and the credit entitlement for holding such bonds to be separate. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the tax credit for holders of qualified zone academy bonds."} | 1,297 | 145 | 0.571621 | 1.552187 | 0.756235 | 1.427586 | 7.931034 | 0.737931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Energy Price Protection Act
of 2007''.
SEC. 2. GASOLINE PRICE GOUGING PROHIBITED.
(a) Unlawful Conduct.--
(1) Unfair and deceptive act or practice.--It shall be an
unfair or deceptive act or practice in violation of section 5
of the Federal Trade Commission Act for any person to sell
crude oil, gasoline, diesel fuel, home heating oil, or any
biofuel at a price that constitutes price gouging as defined by
rule pursuant to subsection (b).
(2) Definition.--For purposes of this subsection, the term
``biofuel'' means any fuel containing any organic matter that
is available on a renewable or recurring basis, including
agricultural crops and trees, wood and wood wastes and
residues, plants (including aquatic plants), grasses, residues,
fibers, and animal wastes, municipal wastes, and other waste
materials.
(b) Price Gouging.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Federal Trade Commission shall
promulgate, in accordance with section 553 of title 5, United
States Code, any rules necessary for the enforcement of this
section.
(2) Contents.--Such rules--
(A) shall define ``price gouging'', ``retail
sale'', and ``wholesale sale'' for purposes of this
Act; and
(B) shall be consistent with the requirements for
declaring unfair acts or practices in section 5(n) of
the Federal Trade Commission Act (15 U.S.C. 45(n)).
(c) Enforcement.--
(1) In general.--Except as provided in subsection (d), a
violation of subsection (a) shall be treated as a violation of
a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade
Commission shall enforce this Act in the same manner, by the
same means, and with the same jurisdiction as though all
applicable terms and provisions of the Federal Trade Commission
Act were incorporated into and made a part of this Act.
(2) Exclusive enforcement.--Notwithstanding any other
provision of law, no person, State, or political subdivision of
a State, other than the Federal Trade Commission or the
Attorney General of the United States to the extent provided
for in section 5 of the Federal Trade Commission Act or the
attorney general of a State as provided by subsection (d),
shall have any authority to enforce this Act or any rule
prescribed pursuant to this Act.
(d) Enforcement by State Attorneys General.--
(1) Civil action.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by any person who violates subsection (a),
the attorney general, as parens patriae, may bring a civil
action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction--
(A) to enjoin further violation of such section by
the defendant;
(B) to compel compliance with such section; or
(C) to impose a civil penalty under subsection (e).
(2) Intervention by the ftc.--
(A) Notice and intervention.--The State shall
provide prior written notice of any action under
paragraph (1) to the Federal Trade Commission and
provide the Commission with a copy of its complaint,
except in any case in which such prior notice is not
feasible, in which case the State shall serve such
notice immediately upon instituting such action. The
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this Act, no attorney general
of a State may bring an action under this subsection
during the pendency of that action against any
defendant named in the complaint of the Commission for
any violation of this Act alleged in the complaint.
(3) Construction with respect to powers conferred by state
law.--For purposes of bringing any civil action under paragraph
(1), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers
conferred on the attorney general by the laws of that State.
(e) Civil Penalty.--
(1) In general.--Notwithstanding any civil penalty that
otherwise applies to a violation of a rule referred to in
subsection (c)(1), any person who violates subsection (a) shall
be liable for a civil penalty under this subsection.
(2) Amount.--The amount of a civil penalty under this
subsection shall be an amount equal to--
(A) in the case of a wholesale sale in violation of
subsection (a), the sum of--
(i) 3 times the difference between--
(I) the total amount charged in the
wholesale sale; and
(II) the total amount that would be
charged in such a wholesale sale made
at the wholesale fair market price;
plus
(ii) an amount not to exceed $3,000,000 per
day of a continuing violation; or
(B) in the case of a retail sale in violation of
subsection (a), 3 times the difference between--
(i) the total amount charged in the sale;
and
(ii) the total amount that would be charged
in such a sale at the fair market price for
such a sale.
(3) Deposit.--Of the amount of any civil penalty imposed
under this section with respect to any sale in violation of
subsection (a) to a person that resides in a State, the portion
of such amount that is determined under subparagraph (A)(i) or
(B) (or both) of paragraph (2) shall be deposited into--
(A) any account or fund established under the laws
of the State and used for paying compensation to
consumers for violations of State consumer protection
laws; or
(B) in the case of a State for which no such
account or fund is established by State law, into the
general fund of the State treasury.
(f) Criminal Penalty.--
(1) In general.--In addition to any other penalty that
applies, a violation of subsection (a) is punishable--
(A) in the case of a wholesale sale in violation of
subsection (a), by a fine of not more than
$150,000,000, imprisonment for not more than 2 years,
or both; or
(B) in the case of a retail sale in violation of
subsection (a), by a fine of not more than $2,000,000,
imprisonment for not more than 2 years, or both.
(2) Enforcement.--The criminal penalty provided by
paragraph (1) may be imposed only pursuant to a criminal action
brought by the Attorney General or other officer of the
Department of Justice, or any attorney specially appointed by
the Attorney General, in accordance with section 515 of title
28, United States Code. | Federal Energy Price Protection Act of 2007 - Makes it an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging.
Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act.
Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; or (3) state attorneys general.
Prescribes guidelines for enforcement of civil actions by state attorneys general. Preempts state action while federal action is pending.
Subjects violations of this Act to specified civil and criminal penalties. | {"src": "billsum_train", "title": "To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil, and for other purposes."} | 1,594 | 158 | 0.540748 | 1.56412 | 0.76538 | 4.429577 | 10.422535 | 0.866197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Separate Enrollment and Line Item
Veto Act of 2006''.
SEC. 2. STRUCTURE OF LEGISLATION.
(a) Appropriations Legislation.--
(1) In general.--The Committee on Appropriations of either
the House or the Senate shall not report an appropriation
measure that fails to contain such level of detail on the
allocation of an item of appropriation proposed by that House
as is set forth in the committee report accompanying such bill.
(2) Point of order.--If an appropriation measure is
reported to the House or Senate that fails to contain the level
of detail on the allocation of an item of appropriation as
required in paragraph (1), it shall not be in order in that
House to consider such measure. If a point of order under this
paragraph is sustained, the measure shall be recommitted to the
Committee on Appropriations of that House.
(b) Authorization Legislation.--
(1) In general.--A committee of either the House or the
Senate shall not report an authorization measure that contains
new direct spending or new targeted tax benefits unless such
measure presents each new direct spending or new targeted tax
benefit as a separate item and the accompanying committee
report for that measure shall contain such level of detail as
is necessary to clearly identify the allocation of new direct
spending or new targeted tax benefits.
(2) Point of order.--If an authorization measure is
reported to the House or Senate that fails to comply with
paragraph (1), it shall not be in order in that House to
consider such measure. If a point of order under this paragraph
is sustained, the measure shall be recommitted to the committee
of jurisdiction of that House.
(c) Conference Reports.--
(1) Appropriations.--A committee of conference to which is
committed an appropriations measure shall not file a conference
report in either House that fails to contain the level of
detail on the allocation of an item of appropriation as is set
forth in the statement of managers accompanying that report.
(2) Authorizations.--A committee of conference to which is
committed an authorization measure shall not file a conference
report in either House unless such measure presents each direct
spending or targeted tax benefit as a separate item and the
statement of managers accompanying that report clearly
identifies each such item.
(3) Point of order.--If a conference report is presented to
the House or Senate that fails to comply with either paragraph
(1) or (2), it shall not be in order in that House to consider
such conference report. If a point of order under this
paragraph is sustained in the House to first consider the
conference report, the measure shall be deemed recommitted to
the committee of conference.
SEC. 3. WAIVERS AND APPEALS.
Any provision of section 2 may be waived or suspended in the House
or Senate only by an affirmative vote of three-fifths of the Members of
that House duly chosen and sworn. An affirmative vote of three-fifths
of the Members duly chosen and sworn shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised under that
section.
SEC. 4. SEPARATE ENROLLMENT.
(a) In General.--
(1) Enrollment.--Notwithstanding any other provision of
law, when any appropriation or authorization measure first
passes both Houses of Congress in the same form, the Secretary
of the Senate (in the case of a measure originating in the
Senate) or the Clerk of the House of Representatives (in the
case of a measure originating in the House of Representatives)
shall disaggregate the items as referenced in section 6(4) and
assign each item a new bill number. After disaggregation each
item shall be treated as a separate bill to be considered as
provided in subsection (b). The remainder of the bill not so
disaggregated shall constitute a separate bill and shall be
considered with the other disaggregated bills pursuant to
subsection (b).
(2) Form.--A bill that is required to be disaggregated into
separate bills pursuant to paragraph (1)--
(A) shall be disaggregated without substantive
revision; and
(B) shall bear the designation of the measure of
which it was an item prior to such disaggregation,
together with such other designation as may be
necessary to distinguish such measure from other
measures disaggregated pursuant to paragraph (1) with
respect to the same measure.
(b) Procedure.--The new bills resulting from the disaggregation
described in subsection (a)(1) shall be immediately placed on the
appropriate calendar in the House of origination, and upon passage,
placed on the appropriate calendar in the other House. They shall be
the next order of business in each House and they shall be considered
and voted on en bloc and shall not be subject to amendment. A motion to
proceed to the bills shall be nondebatable. Debate in the House of
Representatives or the Senate on the bill shall be limited to not more
than 1 hour, which shall be divided equally between the majority leader
and the minority leader. A motion further to limit debate is not
debatable. A motion to recommit the bills is not in order, and it is
not in order to move to reconsider the vote by which the bills are
agreed to or disagreed to.
SEC. 5. VETO OF BILL.
(a) Deficit Reduction.--Amounts of budget authority, new direct
spending, and revenues represented by a new targeted tax benefit
contained in a bill enacted under this Act that is vetoed (with such
veto not overridden by Congress) shall be dedicated only to deficit
reduction and shall not be used as an offset for other spending
increases.
(b) Adjustments to Committee Allocations.--Not later than 5 days
after the date a veto described in subsection (a) is no longer subject
to override, the chairs of the Committees on the Budget of the Senate
and the House of Representatives shall revise levels under section
311(a) of the Congressional Budget Act of 1974 and adjust the committee
allocations under section 302(a) of the Congressional Budget Act of
1974 to reflect the rescission, and the appropriate committees shall
report revised allocations pursuant to section 302(b) of the
Congressional Budget Act of 1974, as appropriate.
SEC. 6. DEFINITIONS.
In this title:
(1) Appropriation measure.--The term ``appropriation
measure'' means any general or special appropriation bill or
any bill or joint resolution making supplemental, deficiency,
or continuing appropriations.
(2) Authorization measure.--The term ``authorization
measure'' means any measure other than an appropriations
measure that contains a provision providing direct spending or
targeted tax benefits.
(3) Direct spending.--The term ``direct spending'' shall
have the same meaning given to such term in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Item.--The term ``item'' means--
(A) with respect to an appropriations measure--
(i) any numbered section,
(ii) any unnumbered paragraph, or
(iii) any allocation or suballocation of an
appropriation, made in compliance with section
2(a), contained in a numbered section or an
unnumbered paragraph but shall not include a
provision which does not appropriate funds,
direct the President to expend funds for any
specific project, or create an express or
implied obligation to expend funds and--
(I) rescinds or cancels existing
budget authority;
(II) only limits, conditions, or
otherwise restricts the President's
authority to spend otherwise
appropriated funds; or
(III) conditions on an item of
appropriation not involving a positive
allocation of funds by explicitly
prohibiting the use of any funds; and
(B) with respect to an authorization measure--
(i) any numbered section, or
(ii) any unnumbered paragraph, that
contains new direct spending or a new targeted
tax benefit presented and identified in
conformance with section 2(b).
(5) Targeted tax benefit.--The term ``targeted tax
benefit'' means any provision--
(A) estimated by the Joint Committee on Taxation as
losing revenue for any one of the three following
periods--
(i) the first fiscal year covered by the
most recently adopted concurrent resolution on
the budget;
(ii) the period of the 5 fiscal years
covered by the most recently adopted concurrent
resolution on the budget; or
(iii) the period of the 5 fiscal years
following the first 5 years covered by the most
recently adopted concurrent resolution on the
budget; and
(B) having the practical effect of providing more
favorable tax treatment to a particular taxpayer or
limited group of taxpayers when compared with other
similarly situated taxpayers.
SEC. 7. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Member of congress.--Any Member of Congress may bring
an action, in the United States District Court for the District
of Columbia, for declaratory judgment and injunctive relief on
the ground that a provision of this Act violates the
Constitution.
(2) Intervention by houses.--A copy of any complaint in an
action brought under paragraph (1) shall be promptly delivered
to the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(3) Panel.--Any action brought under paragraph (1) shall be
heard and determined by a three-judge court in accordance with
section 2284 of title 28, United States Code.
(4) Authority of houses.--Nothing in this section or in any
other law shall infringe upon the right of the House of
Representatives or the Senate to intervene in an action brought
under paragraph (1) without the necessity of adopting a
resolution to authorize such intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other provisions
of law, any order of the United States District Court for the District
of Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) shall be reviewable by appeal directly
to the Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within 30 days
after such order is entered. No stay of an order issued pursuant to an
action brought under paragraph (1) of subsection (a) shall be issued by
a single Justice of the Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
(d) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance is held
unconstitutional, the remainder of this Act and the application of the
provisions of such Act to any person or circumstance shall not be
affected thereby. | Separate Enrollment and Line Item Veto Act of 2006 - Prohibits the congressional appropriations committees from reporting any appropriations measure that fails to contain the same level of detail on the allocation of a proposed item of appropriations set forth in the accompanying committee report.
Prohibits any congressional committee from reporting an authorization measure that contains new direct spending or a new targeted tax benefit unless it presents each as a separate item, and the accompanying committee report contains a level of detail clearly indentifying its allocation.
Prohibits a conference committee from filing a conference report that fails to contain the level of detail and the separate itemization of each direct spending or targeted tax benefit required by this Act.
Makes it out of order in the House to consider any measure reported or presented in violation of this Act.
Provides for separate enrollment of each item of every appropriation and authorization measure containing new direct spending or new targeted tax benefits passed by Congress in the same form.
Requires amounts of budget authority, new direct spending, and revenues represented by a new targeted tax benefit contained in an Act that is vetoed (and not overridden by Congress) to be dedicated only to deficit reduction, and not to be used as an offset for other spending increases.
Requires adjustments to congressional committee allocations resulting from such a veto.
Provides for expedited judicial review of this Act. | {"src": "billsum_train", "title": "A bill to grant the power to the President to reduce budget authority."} | 2,441 | 311 | 0.718254 | 1.897215 | 0.899363 | 3.381323 | 8.700389 | 0.922179 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War II Peace Accords
Commemorative Coin Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The date of September 2, 1995, will mark the 50th
anniversary of the signing of the peace accords among the
nations involved in World War II in the Pacific.
(2) Such date marked the end of all hostilities in the
largest war the world has ever known.
(3) September 2, 1945, also marked the birth of a
democratic form of government in Japan.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the 50th anniversary of the signing of the peace
accords on the U.S.S. Missouri should not go unrecognized at
the national level; and
(2) the United States should recognize such anniversary by
minting and issuing a commemorative coin.
SEC. 3. COIN SPECIFICATIONS.
(a) Half Dollar Clad Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 500,000 half dollar coins which shall be minted to the
specifications for half dollar coins contained in section
5112(b) of title 31, United States Code.
(2) Design.--The design of the half dollar coins shall be
emblematic of the signing of the peace accords on September 2,
1945. On each coin shall be a designation of the value of the
coin, an inscription of the year ``1995'', and inscriptions of
the words ``Liberty'', ``In God We Trust'', ``United States of
America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Admiral Nimitz Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins minted under this Act may be
issued by the Secretary beginning on January 1, 1995.
(b) Termination of Authority.--Coins may not be minted under this
Act after December 31, 1995.
(c) Proof and Uncirculated Coins.--The coins minted under this Act
shall be issued in uncirculated and proof qualities.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this Act at a price equal
to the face value, plus the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, and overhead
expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Surcharge.--All sales of coins minted under this Act shall
include a surcharge of $5.00 per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The surcharges received by the Secretary from the sale of the coins
issued under this Act shall be promptly paid by the Secretary to the
Admiral Nimitz Foundation for the purpose of preserving the Pacific War
heritage of the United States.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Admiral Nimitz Foundation as
may be related to the expenditure of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | World War II Peace Accords Commemorative Coin Act - Expresses the sense of the Congress that: (1) the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin.
Sets forth specifications for half dollar clad coins.
Mandates that the surcharges received from the sale of such coins be paid by the Secretary of the Treasury to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States. | {"src": "billsum_train", "title": "World War II Peace Accords Commemorative Coin Act"} | 1,237 | 142 | 0.63821 | 1.903811 | 0.71617 | 6.321739 | 9.304348 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life Sciences Jobs and Investment
Act of 2010''.
SEC. 2. INCREASED CREDIT FOR INITIAL LIFE SCIENCES RESEARCH.
(a) In General.--Subsection (h) of section 41 of the Internal
Revenue Code of 1986 is amended by redesignating subsection (h) as
subsection (i) and inserting after subsection (g) the following new
subsection:
``(h) Special Rules for Increased Initial Life Sciences Research.--
``(1) In general.--In the case of qualified initial life
sciences research expenses for any taxable year with respect to
which the taxpayer elects the application of this subsection--
``(A) Increased credit.--Subsection (a) shall be
applied by substituting `40 percent' for `20 percent'.
``(B) Amounts paid with respect to qualified life
sciences research to certain research consortia,
eligible small businesses, universities, and federal
laboratories.--Subsection (b)(3)(A) shall be applied by
substituting `100 percent' for `65 percent', in the
case of amounts paid or incurred to persons described
in subclauses (I) and (III) of subsection (b)(3)(C)(ii)
or subclause (I), (II), or (III) of subsection
(b)(3)(D)(i), with respect to qualified life sciences
research.
``(C) Alternative simplified credit in case of
initial qualified life science research.--
``(i) Subsection (c)(5)(A) shall be applied
by substituting `28 percent' for `14 percent',
and
``(ii) subsection (c)(5)(B) shall be
applied by substituting `12 percent' for `6
percent'.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified initial life sciences research
expenses.--
``(i) In general.--The term `qualified
initial life sciences research expenses' means
so much of the amounts taken into account under
subsection (a) as--
``(I) are attributable to qualified
life sciences research, and
``(II) do not exceed $150,000,000.
``(ii) Excluded expenses.--Such term does
not include any amount paid or incurred by the
taxpayer to compensate any covered employee (as
defined in section 162(m)(3)) for services, to
pay dividends to the shareholders of the
taxpayer, or to pay interest or principal on
any debt security of the taxpayer.
``(iii) Substantiation of compliance.--
``(I) In general.--The taxpayer
must substantiate its compliance with
clause (ii) with written documents and
such other credible evidence as the
Secretary may reasonably require, and
shall bear the burden of proof with
respect to such substantiation.
``(II) Certification.--The chief
executive officer and the independent
director serving as head of the audit
committee of the taxpayer, or
comparable entity officials, shall
attest in writing to the taxpayer's
compliance with the requirements of
clause (ii).
``(B) Qualified life sciences research.--
``(i) In general.--The term `qualified life
sciences research' means any qualified
research--
``(I) with respect to the branch of
knowledge or study of biology,
biochemistry, biophysics,
bioengineering, biotechnology,
microbiology, genetics, or physiology
(in each case as such knowledge or
study relates to human beings), and
``(II) that is considered
scientific research and development for
purposes of North American Industry
Classification System code 5417.
``(ii) Exceptions.--Such term does not
include sociology or psychology.
``(3) Coordination with 965A.--This subsection shall not
apply with respect to any taxpayer for any taxable year for
which an election is in effect under section 965A (relating to
limited deduction for life sciences jobs and investment in
United States).
``(4) Election.--Any election under this subsection shall
be made in such manner as may be prescribed by the Secretary,
and shall be made with respect to a taxable year not later than
the due date (including extensions of time) for filing the
taxpayer's return for such taxable year.
``(5) Termination.--This subsection shall not apply to any
taxable year beginning after December 31, 2015.''.
(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. 3. INCENTIVES TO INVEST IN LIFE SCIENCES JOBS, RESEARCH, AND
FACILITIES.
(a) In General.--Subpart F of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 965A. LIMITED DEDUCTION FOR LIFE SCIENCES JOBS AND INVESTMENT IN
UNITED STATES.
``(a) Deduction.--
``(1) In general.--In the case of a corporation which is a
United States shareholder and for which the election under this
section is in effect for the taxable year, there shall be
allowed as a deduction an amount equal to 100 percent of the
cash dividends which are received during such taxable year by
such shareholder from controlled foreign corporations.
``(2) Dividends paid indirectly from controlled foreign
corporations.--If, within the taxable year for which the
election under this section is in effect, a United States
shareholder receives a cash distribution from a controlled
foreign corporation which is excluded from gross income under
section 959(a), such distribution shall be treated for purposes
of this section as a cash dividend to the extent of any amount
included in income by such United States shareholder under
section 951(a)(1)(A), including as a result of any cash
dividend during such taxable year to--
``(A) such controlled foreign corporation from
another controlled foreign corporation that is in a
chain of ownership described in section 958(a), or
``(B) any other controlled foreign corporation in
such chain of ownership from another controlled foreign
corporation in such chain of ownership, but only to the
extent of cash distributions described in section
959(b) which are made during such taxable year to the
controlled foreign corporation from which such United
States shareholder received such distribution.
``(b) Limitations.--
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the lesser of--
``(A) $150,000,000, or
``(B) the amount shown on the applicable financial
statement as earnings permanently reinvested outside
the United States.
The amounts described in subparagraph (B) shall be treated as
being zero if there is no such statement or such statement
fails to show a specific amount of such earnings.
``(2) Requirement to invest in life sciences.--Subsection
(a) shall not apply to any dividend received by a United States
shareholder unless the amount of the dividend is invested
solely in the United States and solely for the purpose of--
``(A) the new hiring of additional scientists,
researchers, and comparable personnel engaged in
qualified life sciences research,
``(B) payments to persons described in section
41(h)(1)(B) and to other qualified organizations which
are used by such persons or organizations for qualified
life sciences research, or
``(C) the building or leasing of new facilities to
be used primarily in the conduct of qualified life
sciences research.
``(3) Prohibited uses.--Subsection (a) shall not apply to
the amount of any dividend which is used by the taxpayer to pay
remuneration for services of any covered employee (as defined
in section 162(m)(3)), to pay dividends to the shareholders of
the taxpayer, or to pay interest or principal on any debt
security of the taxpayer.
``(4) No reserve.--Subsection (a) shall not apply to any
dividend if the taxpayer's compliance with this section is
uncertain and requires a provision or reserve on the taxpayer's
applicable financial statements.
``(5) Separate account.--Subsection (a) shall not apply to
any dividend unless the amount of the dividend is held in a
separate account, trust, or other arrangement that segregates
the amount from other funds of the taxpayer until the amount is
used solely for the purposes described in paragraph (2).
``(c) Substantiation of Compliance.--
``(1) In general.--The taxpayer must substantiate its
compliance with subsection (b) with written documents and such
other credible evidence as the Secretary may reasonably
require, and shall bear the burden of proof with respect to
such substantiation.
``(2) Certification.--The chief executive officer and the
independent director serving as head of the audit committee of
the taxpayer, or comparable entity officials, shall attest in
writing to the taxpayer's compliance with each of the
requirements of subsection (b).
``(d) Definitions.--For purposes of this section--
``(1) Qualified life sciences research.--The term
`qualified life sciences research' shall have the meaning given
such term by section 41(h).
``(2) Qualified organization.--The term `qualified
organization' means any organization described in subparagraph
(A), (B), or (C) of section 41(e)(6).
``(3) Applicable financial statement; dividend.--The terms
`applicable financial statement' and `dividend' shall have the
respective meanings given such terms by section 965(c).
``(e) Special Rules.--For purposes of this section--
``(1) rules similar to the rules of paragraph (3) of
section 965(b) shall apply, except that such paragraph shall be
applied by substituting `December 31, 2009' for `October 3,
2004', and
``(2) rules similar to the rules of paragraphs (4) and (5)
of section 965(c) shall apply, except that such paragraph (5)
shall be applied--
``(A) by substituting `$150,000,000' for
`$500,000,000', and
``(B) without regard to the reference to
subparagraph (C) of section 965(b)(1).
``(f) Denial of Foreign Tax Credit.--
``(1) In general.--No credit shall be allowed under section
901 for any taxes paid or accrued (or treated as paid or
accrued) with respect to any dividend with respect to which an
election is in effect under this section and which is included
in income under section 951(a)(1)(A).
``(2) Denial of related deductions.--No deduction shall be
allowed under this chapter for any tax for which credit is not
allowable by reason of paragraph (1).
``(g) Election.--Any election under this section shall be made in
such manner as may be prescribed by the Secretary, and shall be made
with respect to a taxable year not later than the due date (including
extensions of time) for filing the taxpayer's return for such taxable
year.
``(h) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2015.''.
(b) Clerical Amendment.--The table of sections for subpart F of
part III of subchapter N of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new section:
``Sec. 965A. Limited deduction for life sciences jobs and investment in
United States.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment.
SEC. 4. COMPLIANCE AND REPORT TO CONGRESS.
The Commissioner of Internal Revenue shall take such steps as are
necessary to ensure full compliance with the provisions under section
41(h) and section 965A of the Internal Revenue Code of 1986 (as added
by this Act). The Commissioner of Internal Revenue shall provide
reports to Congress on the status of such compliance and related
enforcement not later than 90 days following the final due date of tax
filings for the first taxable year in which an entity may elect
application of section 41(h) or of section 965A of the Internal Revenue
Code of 1986 (as so added). | Life Sciences Jobs and Investment Act of 2010 - Amends the Internal Revenue Code to allow: (1) an increased research tax credit for qualified initial life sciences research expenses; and (2) certain corporations a tax deduction for dividends received which are reinvested in the United States to hire scientists and researchers engaged in life science research, fund life science research at research consortia, eligible small businesses, universities, and federal laboratories, or build or lease new facilities to be used primarily for qualified life sciences research. Terminates such tax incentives after 2015.
Defines "qualified initial life sciences research expenses" as amounts, up to $150 million, attributable to the study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology, but excluding sociology or psychology.
Directs the Commissioner of Internal Revenue to take necessary steps to ensure full compliance with the provisions of this Act and to report to Congress on the status of such compliance and related enforcement. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide incentives for life sciences research."} | 2,762 | 207 | 0.622649 | 1.673535 | 0.921088 | 3.097297 | 13.394595 | 0.902703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Parks Overflights Act of
1997''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Plan.--The term ``plan'' means the final plan prepared
under section 3(c)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. NATIONAL PARKS OVERFLIGHTS.
(a) Findings.--Congress finds that--
(1) noise associated with aircraft overflights at a
national park can cause a significant adverse effect on the
natural quiet and experience of the park; and
(2) aircraft operations in a national park can raise
serious concerns regarding public safety, including concerns
regarding the safety of park users.
(b) Recommendations.--
(1) Submission.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to the
Administrator recommendations regarding actions necessary--
(A) to protect public health and safety from
adverse effects associated with aircraft overflights at
any national park;
(B) to protect the resources of any national park
experiencing an adverse impact associated with noise
from aircraft overflights;
(C) to preserve natural quiet at any national park
where natural quiet is a part of the park's natural
resources and experience; and
(D) to prevent resource impairment from noise
associated with overflights at any national park.
(2) Restoration or preservation of quiet.--The
recommendations shall provide for--
(A) protection of public health and safety from
adverse affects associated with aircraft overflights;
and
(B) substantial restoration of the natural quiet or
substantial preservation of the natural quiet and
experience of the park.
(3) Flight-free zones, flight restrictions, and flight
bans.--
(A) In general.--The recommendations shall include
proposals for flight-free zones, for appropriate flight
restrictions, or for banning flights within certain
national parks as necessary to meet the goals of
paragraph (2).
(B) Administration and emergency operations.--
Flight-free zones and flight bans shall provide for
flight free areas over a national park, except for
purposes of administration, emergency operations, and
operations required for transportation of persons and
supplies to and from Indian reservations adjacent to
any affected national park.
(C) Military and other public operations.--The
recommendations may exempt noncommercial general
aviation, military, and other public operations from
proposed flight-free zones, flight restrictions, or
proposals banning flights within a park.
(D) Flight restrictions.--Flight restrictions,
including curfews and limitations on the number of
flights in a park may be contained in proposed
regulations if necessary to preserve, protect, or
restore the natural quiet and experience of the park.
(E) Commercial air tours.--Flight bans shall
prevent commercial air tours in a park if necessary to
preserve, protect, or restore the natural quiet and
experience of the park.
(4) Prioritization of parks for implementation of
recommendations.--The recommendations shall include a proposal
for prioritizing the scheduled implementation of plans
regulating overflights in the national parks based on the
resource impairment--
(A) caused by overflights in the national parks; or
(B) threatened by the introduction or increase of
overflights in the national parks.
(5) Flight altitudes.--The Administrator, after
consultation with the Secretary, may--
(A) establish minimum flight altitudes to include
in the recommendations; and
(B) prohibit overflights below such minimum
altitudes in any national park as necessary to meet the
requirements of paragraph (2).
(6) Quiet aircraft technology.--The recommendations shall
include a joint proposal by the Secretary and the Administrator
that--
(A) provides incentives for the use of quiet
aircraft technology within a national park;
(B) creates a schedule for any commercial air tour
operator operating within a national park to convert
the operator's fleet to quiet aircraft;
(C) promotes other appropriate steps to encourage
use of quiet aircraft within a national park; or
(D) explains why implementation of subparagraphs
(A), (B), and (C) is not necessary or appropriate to
meet the requirements of paragraph (2).
(c) Implementation.--
(1) Preparation of plan.--Not later than 90 days after
receipt of recommendations under subsection (b) and after
notice and opportunity for hearing, the Administrator shall
prepare and issue a final plan for the management of air
traffic in the airspace above any national park--
(A) experiencing an adverse impact associated with
noise from aircraft overflights; or
(B) for which the Secretary determines that air
tours need to be regulated in order to prevent resource
impairment from overflights.
(2) Review of recommendations.--
(A) In general.--The plan shall provide for
implementation of the recommendations of the Secretary
without change, unless the Administrator determines
that implementing the recommendations without change
would adversely affect aviation safety.
(B) Review of recommendations.--If the
Administrator determines that implementing the
recommendations would adversely affect aviation safety,
the Administrator shall, not later than 60 days after
making the determination, in consultation with the
Secretary and after notice and opportunity for
hearing--
(i) revise the recommendations consistent
with the requirements of subsection (b) to
eliminate the adverse effects on aviation
safety; and
(ii) issue regulations implementing the
revised recommendations in the plan.
(d) Enforcement.--
(1) Administrator.--The Administrator shall enforce the
plan in accordance with the subtitle VII of title 49, United
States Code.
(2) Secretary.--The Secretary may enforce appropriate
requirements of the plan in accordance with regulations
applicable to the National Parks System.
(e) Report.--
(1) In general.--Not later than 2 years after the effective
date of the plan, the Secretary shall submit to Congress a
report on--
(A) the success of the plan in restoring the
natural quiet in the national parks; and
(B) such other matters, including possible
revisions in the plan, as may be of interest to
Congress.
(2) Comments by the administrator.--The report shall
include comments by the Administrator regarding any effect on
aircraft safety resulting from implementation of the plan. | National Parks Overflights Act of 1997 - Directs the Secretary of the Interior to submit to the Administrator of the Federal Aviation Administration recommendations (including a joint proposal for incentives for the use of quiet aircraft technology and a schedule for commercial air tour fleet conversion to such technology) for actions necessary to protect public health and safety and natural resources from adverse effects associated with aircraft overflights at national parks.
Authorizes the Administrator to: (1) establish minimum flight altitudes to include in the recommendations; and (2) prohibit overflights below such minimum altitudes in any national park to restore or preserve quiet.
Directs the Administrator, after receipt of recommendations and notice and opportunity for hearing, to issue a final plan for the management of air traffic over national parks: (1) experiencing adverse impacts associated with noise from aircraft overflights; or (2) for which air tours need to be regulated in order to prevent resource impairment from overflights. | {"src": "billsum_train", "title": "National Parks Overflights Act of 1997"} | 1,378 | 198 | 0.714018 | 1.877217 | 0.770014 | 3.905556 | 7.172222 | 0.961111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Traffic Controller Hiring
Improvement Act of 2016''.
SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS.
(a) In General.--Section 44506 of title 49, United States Code, is
amended by adding at the end the following:
``(f) Hiring of Certain Air Traffic Control Specialists.--
``(1) Consideration of applicants.--
``(A) Ensuring selection of most qualified
applicants.--In appointing individuals to the position
of air traffic controllers, the Administrator shall
give preferential consideration to qualified
individuals maintaining 52 consecutive weeks of air
traffic control experience involving the active
separation of air traffic after receipt of an air
traffic certification or air traffic control facility
rating within 5 years of application while serving at--
``(i) a Federal Aviation Administration air
traffic control facility;
``(ii) a civilian or military air traffic
control facility of the Department of Defense;
or
``(iii) a tower operating under contract
with the Federal Aviation Administration under
section 47124.
``(B) Consideration of additional applicants.--The
Administrator shall consider additional applicants for
the position of air traffic controller by referring an
approximately equal number of employees for appointment
among 2 applicant pools. The number of employees
referred for consideration from each group shall not
differ by more than 10 percent.
``(i) Pool one.--Pool one shall consist of
applicants who--
``(I) have successfully completed
air traffic controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program maintained
under subsection (c)(1) who have
received from the institution--
``(aa) an appropriate
recommendation; or
``(bb) an endorsement
certifying that the applicant
would have met the requirements
in effect as of December 31,
2013, for an appropriate
recommendation;
``(II) are eligible for a veterans
recruitment appointment pursuant to
section 4214 of title 38 and provide a
Certificate of Release or Discharge
from Active Duty within 120 days of the
announcement closing;
``(III) are eligible veterans under
section 4211 of title 38 maintaining
aviation experience obtained in the
course of the individual's military
experience; or
``(IV) are preference eligible
veterans pursuant to section 2108 of
title 5.
``(ii) Pool two.--Pool two shall consist of
applicants who apply under a vacancy
announcement recruiting from all United States
citizens.
``(2) Use of biographical assessments.--
``(A) Biographical assessments.--The Administration
may not use any biographical assessment when hiring
under subparagraph (A) or subparagraph (B)(i) of
paragraph (1).
``(B) Reconsideration of applicants disqualified on
the basis of biographical assessments.--
``(i) In general.--If an individual
described in subparagraph (A) or subparagraph
(B)(i) of paragraph (1) who applied for the
position of air traffic controller with the
Administration in response to Vacancy
Announcement FAA-AMC-14-ALLSRCE-33537 (issued
on February 10, 2014) and was disqualified from
the position as the result of a biographical
assessment, the Administrator shall provide the
applicant an opportunity to reapply as soon as
practicable for the position under the revised
hiring practices.
``(ii) Waiver of age restriction.--The
Administrator shall waive any maximum age
restriction for the position of air traffic
controller with the Administration that would
otherwise disqualify an individual from the
position if the individual--
``(I) is reapplying for the
position pursuant to clause (i) on or
before December 31, 2017; and
``(II) met the maximum age
requirement on the date of the
individual's previous application for
the position during the interim hiring
process.
``(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, the maximum limit of
age for an original appointment to a position as an air traffic
controller shall be 35 years of age for those maintaining 52
weeks of air traffic control experience involving the active
separation of air traffic after receipt of an air traffic
certification or air traffic control facility rating in a
civilian or military air traffic control facility.''.
(b) Notification of Vacancies.--The Administrator of the Federal
Aviation Administration shall consider directly notifying secondary
schools and institutes of higher learning, including Historically Black
Colleges and Universities, Hispanic-serving institutions, Minority
Institutions, and Tribal Colleges and Universities, of the vacancy
announcement under section 44506(f)(1)(B)(ii) of title 49, United
States Code. | Air Traffic Controller Hiring Improvement Act of 2016 This bill directs the Federal Aviation Administration (FAA), in appointing air traffic controllers, to give preferential consideration to qualified individuals maintaining 52 consecutive weeks of experience involving the active separation of air traffic after receipt of an air traffic certification or facility rating within 5 years of application while serving at an FAA air traffic control facility, a civilian or military air traffic control facility of the Department of Defense, or a tower operating under contract with the FAA. The FAA shall consider additional applicants by referring an approximately equal number of employees for appointment among two applicant pools. The number referred from each group shall not differ by more than 10%. Pool one shall consist of applicants who: have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program and have received an appropriate recommendation or endorsement from such institution, are eligible for a veterans recruitment appointment and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing, are veterans eligible for veterans' benefits who maintain aviation experience obtained in the course of the individual's military experience, or are preference eligible veterans. Pool two shall consist of applicants who apply under a vacancy announcement recruiting from all U.S. citizens. The FAA: (1) may not use a biographical assessment when hiring, (2) must provide an individual who applied in response to a specified 2014 vacancy announcement and was disqualified as the result of a biographical assessment an opportunity to reapply under the revised hiring practices, and (3) must waive any maximum age limit for such reapplying applicants who met such requirement when they applied under such announcement. Otherwise, the maximum age limit for an original appointment as an air traffic controller under this bill shall be 35 years of age. The FAA shall consider directly notifying secondary schools and institutes of higher learning of a vacancy announcement for pool one applicants. | {"src": "billsum_train", "title": "Air Traffic Controller Hiring Improvement Act of 2016"} | 1,035 | 405 | 0.78494 | 2.308854 | 0.904306 | 3.62973 | 2.564865 | 0.943243 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Design Services Act of
2014''.
SEC. 2. ARCHITECT LOAN REPAYMENT PROGRAM.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 5322. ARCHITECT LOAN REPAYMENT PROGRAM.
``(a) Authorization.--The Secretary may establish and carry out a
loan repayment program for eligible architects (in this section
referred to as the `loan repayment program') who provide eligible
design services on behalf of a Community Design Center.
``(b) Contract.--To be eligible to participate in the loan
repayment program, an eligible architect shall enter into a written
contract with the Secretary that contains--
``(1) an agreement under which--
``(A) the eligible architect agrees to provide
eligible design services on behalf of a Community
Design Center for a period of not shorter than 1 year;
and
``(B) the Secretary agrees to make payments on the
principal and interest of qualifying educational loans
of the eligible architect in an amount to be determined
by the Secretary for the period of time the eligible
architect provides such eligible design services;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
subsection and any obligation of the eligible architect which
is conditioned thereon, is contingent upon funds being
appropriated for the loan repayment program under this section;
and
``(3) a statement of the damages to which the United States
is entitled under subsection (f) if the eligible architect
breaches the contract.
``(c) Eligible Design Services.--The term `eligible design
services' means research or design services as follows:
``(1) The design, including the preparation of construction
documents, of housing facilities, schools, health clinics,
libraries, community centers, and other public facilities
(except for buildings used for the general conduct of
government).
``(2) The development of comprehensive long-range community
development plans.
``(3) The development of plans for neighborhoods that are
appropriate for rehabilitation or conservation activities,
including neighborhoods that are blighted, deteriorated, or
deteriorating.
``(4) The preservation or rehabilitation of historic sites.
``(5) The design, including the preparation of construction
documents, of building retrofits for energy and water
efficiency and conservation improvements.
``(6) Assessment of the safety of structures that are in
disrepair or have been damaged as the result of natural or
manmade disasters.
``(7) The design of improvements that remove architectural
barriers which restrict the mobility of elderly individuals and
individuals with disabilities.
``(8) Plans for the redevelopment of traditional main
streets and business districts.
``(9) Other activities as the Secretary may determine.
``(d) Application.--The Secretary shall provide for an eligible
architect to submit an application to participate in the loan repayment
program to the Secretary at such time, in such manner, and containing
such information as the Secretary may require which shall include--
``(1) proof of employment by a Community Design Center for
a period of not less than 1 year;
``(2) a statement of the amount of compensation the
eligible architect will receive from the Community Design
Center; and
``(3) a contract entered into pursuant to subsection (b).
``(e) Selection.--The Secretary shall select, from applications
submitted under subsection (d), eligible architects to participate in
the loan repayment program.
``(f) Administration.--
``(1) Contracting authority.--The Secretary may enter into
a contract with another Federal agency to assist in the
administration of this program.
``(2) Breach.--
``(A) In general.--A contract described in
subsection (b) shall provide remedies for any breach of
such contract by an eligible architect, including
repayment or partial repayment of financial assistance
received with interest.
``(B) Amounts recovered.--Funds recovered under
this paragraph shall be credited to the account
available to carry out this section and shall remain
available until expended.
``(C) Waiver.--The Secretary may grant a waiver of
any repayment obligation for breach of contract in the
event of extreme hardship or extreme need, as
determined by the Secretary.
``(3) Amount.--The Secretary shall develop regulations to
determine the amount of loan repayment for 1 year of service by
an eligible architect. In making the determination, the
Secretary shall maximize the number of contracts that can be
provided under the program from the amounts appropriated for
such contracts.
``(4) Qualifying educational loans.--Loan repayments
provided under this section may consist of payments on behalf
of eligible architects of the principal and interest on
government and commercial loans received by the eligible
architect for attendance at an accredited masters program in
architecture, which loans were made for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses,
including fees, books, technology, and studio expenses
incurred by the eligible architect; or
``(C) reasonable living expenses as determined by
the Secretary.
``(5) Repayment schedule.--The Secretary may contract with
an eligible architect's loan provider for the payment to the
loan provider, on behalf of the eligible architect, of the
amount of a loan repayment described in paragraph (3).
``(g) Construction.--Nothing in this section shall be construed to
allow a Community Design Center to prepare building plans or
construction documents that do not comply with applicable State and
local laws and regulations related to building codes and permits.
``(h) Definitions.--In this section the following definitions shall
apply:
``(1) Community design center.--The term `Community Design
Center' means a non-profit organization operated and managed by
a licensed architect that conducts research and provides
eligible design services for community development projects.
``(2) Eligible architect.--The term `eligible architect'
means an individual who--
``(A) has completed an accredited masters program
in architecture; or
``(B) is an intern architect who has completed an
accredited masters program in architecture and is
enrolled in the Intern Development Program of the
National Council of Architectural Registration Boards.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, and any territory or
possession of the United States.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section such sums as may be
necessary, to remain available until expended.''. | National Design Services Act of 2014 - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development (HUD) to establish a loan repayment program for eligible architects who provide certain design services on behalf of a Community Design Center (a non-profit organization operated and managed by a licensed architect that conducts research and provides design services for community development projects). Requires an eligible architect, in order to participate in the loan repayment program, to enter into a written contract with the Secretary that contains: an agreement under which: (1) the architect agrees to provide eligible design services on behalf of a Community Design Center for at least one year, and (2) the Secretary agrees to pay the principal and interest of the architect's qualifying educational loans for the period of time the architect provides such services; a provision that any U.S. financial obligation arising out of the contract, and any obligation of the architect, is contingent upon appropriations for the loan repayment program; and a statement of the damages to which the United States is entitled if the eligible architect breaches the contract. | {"src": "billsum_train", "title": "National Design Services Act of 2014"} | 1,455 | 234 | 0.741372 | 2.087636 | 0.971807 | 4.420561 | 6.579439 | 0.934579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childcare Accountability and
Responsibility Act of 2012'' or the ``CARE for Kids Act of 2012''.
SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following
new section:
``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.
``(a) Criminal Background Check.--
``(1) Requirement of a criminal background check.--A State
and national criminal background check for an individual who is
a child care staff member, a family child care provider, or an
adult who resides in the home of a family child care provider
is required in any State that receives funds under this
subchapter. The criminal background check of such individual
shall include--
``(A) a search of the National Sex Offender
Registry established pursuant to the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16901 et
seq.);
``(B) a search of the National Crime Information
Center;
``(C) a search of the State criminal registry or
repository in the State in which the individual resides
and each State where such individual previously
resided;
``(D) a search of State-based abuse and neglect
registries and databases, including the abuse and
neglect registries and databases of each State where
the individual previously resided; and
``(E) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System.
``(2) Ineligibility.--A child care provider or family child
care provider shall be ineligible for funds provided under this
subchapter if a criminal background check of a child care staff
member, a family child care provider, or an adult permitted to
reside in such a family child care provider's private residence
reveals an adult felony conviction for--
``(A) child abuse or neglect;
``(B) spousal abuse;
``(C) a crime against children (including child
pornography);
``(D) a violent crime, including--
``(i) physical assault or battery;
``(ii) rape;
``(iii) sexual assault; or
``(iv) homicide; or
``(E) distribution of, possession with intent to
distribute, or importation of a controlled substance
committed within 5 years prior to submission to a
criminal background check.
``(3) Submittal of requests.--Subject to paragraph (4), a
child care provider or a family child care provider shall
submit a request for a State and national criminal background
check to the appropriate State agency designated by the State--
``(A) with respect to an individual who became a
child care staff member or family child care provider,
or an adult who began to reside in the private
residence of such a provider, before the date of the
enactment of the Child Care Accountability and
Responsibility Act of 2012--
``(i) not later than the date under
subsection (b) in which a State implements the
requirements of this section; and
``(ii) during each 5-year period following
the first submission date under this
subparagraph for such staff member, family
provider, or adult; and
``(B) with respect to an individual who is a
prospective child care staff member or family child
care provider, or an adult who begins to reside in the
private residence of such a provider, on or after the
date of the enactment of such Act--
``(i) prior to the date the individual
becomes a child care staff member, a family
child care provider, or such adult begins to
reside in such residence; and
``(ii) during each 5-year period following
the first submission date under this
subparagraph for such staff member, family
provider, or adult.
``(4) Limitation on requests.--Not more than 1 request for
a State and national criminal background check under paragraph
(3) is required for any child care staff member, family child
care provider, or adult who resides in the private residence of
such provider, for each 5-year period described in such
paragraph.
``(5) Results.--
``(A) In general.--Not later than 10 business days
after the date on which a request under this section is
made for a State and national criminal background check
and is received by the appropriate State agency, such
agency shall provide the results of the criminal
background check to the individual or entity that made
such a request.
``(B) Copy of background check.--A State shall
provide to a child care provider or an individual
subject to a background check under this section, upon
request, a copy of the criminal background check
conducted pursuant to this section.
``(6) Accuracy of information.--A State shall reasonably
attempt to insure that the information included in the
background check conducted pursuant to this section is accurate
and complete by--
``(A) obtaining dispositions of arrests that
occurred more than 1 year prior to the date that such
background check was requested;
``(B) correcting information included that it
knows, or reasonably should know, is inaccurate;
``(C) completing incomplete entries, if possible;
and
``(D) taking any other steps that would improve
upon the accuracy or such information.
``(7) Appeals.--
``(A) In general.--Not later than 30 days after
receipt of the results of a criminal background check
conducted pursuant to this section, a child care
provider or an individual subject to a background check
under this section may appeal such results to the
appropriate State agency designated by the State.
``(B) Final ruling by a state.--Not later than 30
days after an appeal is made under subparagraph (A), a
State shall--
``(i) make a determination on the
eligibility or ineligibility of the individual;
``(ii) provide the individual with specific
findings with respect to the appeal;
``(iii) if possible, promptly make any
changes to the individual's criminal record, if
any information was inaccurate or incomplete;
and
``(iv) report those changes to the
individual who requested such appeal.
``(8) Fees.--To defray the costs of carrying out the duties
described in this subsection, a State may collect one fee per
criminal background check from a child care provider or family
child care provider in an amount not to exceed the actual costs
to the State for the administration of all required criminal
background checks, and such fee for all required criminal
background checks may not exceed a total of $36.
``(b) State Compliance.--
``(1) Time limitation.--A State shall implement the
requirements of this section not later than 3 years after the
date of the enactment of the Childcare Accountability and
Responsibility Act of 2012.
``(2) Extension of time.--The Secretary may grant an
extension to the date described in paragraph (1), not longer
than 2 years, to a State that makes a good faith effort to
satisfy the requirements of this section.
``(c) Definitions.--In this section:
``(1) Adult.--The term `adult' means a person who has
attained 18 years of age.
``(2) Child care provider.--The term `child care provider'
means a center-based child care provider, a group home child
care provider, or other provider of child care services for
compensation and on a regular basis (other than a family child
care provider) that--
``(A) is not an individual who is related to all
children for whom child care services are provided; and
``(B) is licensed, regulated, or registered under
State law or receives funds provided under this
subchapter.
``(3) Child care staff member.--The term `child care staff
member' means an individual that provides child care services
for compensation and on a regular basis (other than an
individual who is related to the child or children for whom
services are provided), regardless of whether the services are
provided for a child care provider or a family child care
provider.
``(4) Family child care provider.--The term `family child
care provider' means one individual who--
``(A) provides child care services for fewer than
24 hours per day, as the sole caregiver, in a private
residence;
``(B) is not an individual who is related to all
children for whom child care services are provided; and
``(C) is licensed, regulated, or registered under
State law or receives funds provided under this
subchapter.
``(d) Authorization of Appropriations To Conduct Criminal
Background Checks.--There are authorized to be appropriated such sums
as necessary to offset the administrative costs to conduct State and
national criminal background checks under this section.''. | Childcare Accountability and Responsibility Act of 2012 or the CARE for Kids Act of 2012 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for an individual who is a child care staff member, a family child care provider, or an adult who resides in the home of a family child care provider in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.
Makes a child care provider ineligible for Program funds if the criminal background check reveals an adult felony conviction of any such individual for: (1) child abuse or neglect; (2) spousal abuse; (3) a crime against children (including child pornography); (4) a violent crime; or (5) distribution, possession with intent to distribute, or importation of a controlled substance committed within the previous five years.
Allows: (1) a child care provider or an individual subject to a background check to appeal the results to the appropriate designated state agency, and (2) a state to collect a fee from providers for such background checks to defray costs. | {"src": "billsum_train", "title": "To require a criminal background check for employees of child care providers, family child care providers, and adults who reside in the private residences of family child care providers in States that receive funds from the Child Care and Development Block Grant Program, and for other purposes."} | 2,014 | 300 | 0.725617 | 2.135669 | 0.88184 | 4.892593 | 7.003704 | 0.959259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Tax Amendments of
1999''.
SEC. 2. PERMANENT TAX CREDIT FOR RESEARCH AND DEVELOPMENT REGARDING
GREENHOUSE GAS REDUCTION.
(a) In General.--Section 41(h) of the Internal Revenue Code of 1986
(relating to termination) is amended by adding at the end the
following:
``(3) Exception for certain research.--Paragraph (1)(B)
shall not apply in the case of any qualified research expenses
if the research--
``(A) has as 1 of its purposes the reducing or
sequestering of greenhouse gases, and
``(B) has been reported to the Department of Energy
under section 1605(b) of the Energy Policy Act of
1992.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to amounts paid or incurred after the date of enactment of
this Act, except that such amendment shall not take effect unless the
Climate Change Energy Policy Response Act is enacted into law.
SEC. 3. TAX CREDIT FOR REDUCED GREENHOUSE GAS EMISSIONS FACILITIES.
(a) Allowance of Reduced Greenhouse Gas Emissions Facilities
Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to
amount of 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:
``(4) the reduced greenhouse gas emissions facilities
credit.''
(b) Amount of Credit.--Subpart E of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to rules for
computing investment credit) is amended by inserting after section 48
the following:
``SEC. 48A. CREDIT FOR REDUCED GREENHOUSE GAS EMISSIONS FACILITIES.
``(a) In General.--For purposes of section 46, the reduced
greenhouse gas emissions facilities credit for any taxable year is the
applicable percentage of the qualified investment in a reduced
greenhouse gas emissions facility for such taxable year.
``(b) Reduced Greenhouse Gas Emissions Facility.--For purposes of
subsection (a), the term `reduced greenhouse gas emissions facility'
means a facility of the taxpayer--
``(1)(A) the construction, reconstruction, or erection of
which is completed by the taxpayer, or
``(B) which is acquired by the taxpayer if the original use
of such facility commences with the taxpayer,
``(2) the operation of which--
``(A) replaces the operation of a facility of the
taxpayer,
``(B) reduces greenhouse gas emissions on a per
unit of output basis as compared to such emissions of
the replaced facility, and
``(C) uses the same type of fuel (or combination of
the same type of fuel and biomass fuel) as was used in
the replaced facility,
``(3) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable, and
``(4) which meets the performance and quality standards (if
any) which--
``(A) have been jointly prescribed by the Secretary
and the Secretary of Energy by regulations,
``(B) are consistent with regulations prescribed
under section 1605(b) of the Energy Policy Act of 1992,
and
``(C) are in effect at the time of the acquisition
of the facility.
``(c) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is one-half of the percentage reduction in
greenhouse gas emissions described in subsection (b)(2) and reported
and certified under section 1605(b) of the Energy Policy Act of 1992.
``(d) Qualified Investment.--For purposes of subsection (a), the
term `qualified investment' means, with respect to any taxable year,
the basis of a reduced greenhouse gas emissions facility placed in
service by the taxpayer during such taxable year, but only with respect
to that portion of the investment attributable to providing production
capacity not greater than the production capacity of the facility being
replaced.
``(e) Qualified Progress Expenditures.--
``(1) Increase in qualified investment.--In the case of a
taxpayer who has made an election under paragraph (5), the
amount of the qualified investment of such taxpayer for the
taxable year (determined under subsection (d) without regard to
this subsection) shall be increased by an amount equal to the
aggregate of each qualified progress expenditure for the
taxable year with respect to progress expenditure property.
``(2) Progress expenditure property defined.--For purposes
of this subsection, the term `progress expenditure property'
means any property being constructed by or for the taxpayer and
which it is reasonable to believe will qualify as a reduced
greenhouse gas emissions facility which is being constructed by
or for the taxpayer when it is placed in service.
``(3) Qualified progress expenditures defined.--For
purposes of this subsection--
``(A) Self-constructed property.--In the case of
any self-constructed property, the term `qualified
progress expenditures' means the amount which, for
purposes of this subpart, is properly chargeable
(during such taxable year) to capital account with
respect to such property.
``(B) Non-self-constructed property.--In the case
of non-self-constructed property, the term `qualified
progress expenditures' means the amount paid during the
taxable year to another person for the construction of
such property.
``(4) Other definitions.--For purposes of this subsection--
``(A) Self-constructed property.--The term `self-
constructed property' means property for which it is
reasonable to believe that more than half of the
construction expenditures will be made directly by the
taxpayer.
``(B) Non-self-constructed property.--The term
`non-self-constructed property' means property which is
not self-constructed property.
``(C) Construction, etc.--The term `construction'
includes reconstruction and erection, and the term
`constructed' includes reconstructed and erected.
``(D) Only construction of reduced greenhouse gas
emissions facility to be taken into account.--
Construction shall be taken into account only if, for
purposes of this subpart, expenditures therefor are
properly chargeable to capital account with respect to
the property.
``(5) Election.--An election under this subsection may be
made at such time and in such manner as the Secretary may by
regulations prescribe. Such an election shall apply to the
taxable year for which made and to all subsequent taxable
years. Such an election, once made, may not be revoked except
with the consent of the Secretary.''
(c) Recapture.--Section 50(a) of the Internal Revenue Code of 1986
(relating to other special rules) is amended by adding at the end the
following:
``(6) Special rules relating to reduced greenhouse gas
emissions facility.--For purposes of applying this subsection
in the case of any credit allowable by reason of section 48A,
the following shall apply:
``(A) General rule.--In lieu of the amount of the
increase in tax under paragraph (1), the increase in
tax shall be an amount equal to the investment tax
credit allowed under section 38 for all prior taxable
years with respect to a reduced greenhouse gas
emissions facility (as defined by section 48A(b))
multiplied by a fraction whose numerator is the number
of years remaining to fully depreciate under this title
the reduced greenhouse gas emissions facility disposed
of, and whose denominator is the total number of years
over which such facility would otherwise have been
subject to depreciation. For purposes of the preceding
sentence, the year of disposition of the reduced
greenhouse gas emissions facility property shall be
treated as a year of remaining depreciation.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a reduced greenhouse gas emissions facility under
section 48A, except that the amount of the increase in tax under
subparagraph (A) of this paragraph shall be substituted in lieu of the
amount described in such paragraph (2).
``(C) Application of paragraph.--This paragraph
shall be applied separately with respect to the credit
allowed under section 38 regarding a reduced greenhouse
gas emissions facility.''
(d) Technical Amendments.--
(1) Section 49(a)(1)(C) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of clause (ii),
by striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following:
``(iv) the portion of the basis of any
reduced greenhouse gas emissions facility
attributable to any qualified investment (as
defined by section 48A(d)).''
(2) Section 50(a)(4) of such Code is amended by striking
``and (5)'' and inserting ``, (5), and (6)''.
(3) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48 the following:
``Sec. 48A. Credit for reduced greenhouse
gas emissions facilities.''
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
(f) Study of Additional Incentives for Voluntary Reduction of
Greenhouse Gas Emissions.--
(1) In general.--The Secretary of the Treasury and the
Secretary of Energy shall jointly study possible additional
incentives for, and removal of barriers to, voluntary, non
recoupable expenditures for the reduction of greenhouse gas
emissions. For purposes of this subsection, an expenditure
shall be considered voluntary and non recoupable if the
expenditure is not recoupable--
(A) from revenues generated from the investment,
determined under generally accepted accounting
standards (or under the applicable rate-of-return
regulation, in the case of a taxpayer subject to such
regulation),
(B) from any tax or other financial incentive
program established under Federal, State, or local law,
or
(C) pursuant to any credit-trading or other
mechanism established under any international agreement
or protocol that is in force.
(2) Report.--Within 6 months of the date of enactment of
this Act, the Secretary of the Treasury and the Secretary of
Energy shall jointly report to Congress on the results of the
study described in paragraph (1), along with any
recommendations for legislative action.
(g) Scope and Impact.--
(1) Policy.--In order to achieve the broadest response for
reduction of greenhouse gas emissions and to ensure that the
incentives established by or pursuant to this Act do not
advantage one segment of an industry to the disadvantage of
another, it is the sense of Congress that incentives for
greenhouse gas reductions should be available for individuals,
organizations, and entities, including both for-profit and non-
profit institutions.
(2) Level playing field study and report.--
(A) In general.--The Secretary of the Treasury and
the Secretary of Energy shall jointly study possible
additional measures that would provide non-profit
entities (such as municipal utilities and energy
cooperatives) with economic incentives for greenhouse
gas emission reductions comparable to those incentives
provided to taxpayers under the amendments made to the
Internal Revenue Code of 1986 by this Act.
(B) Report.--Within 6 months after the date of
enactment of this Act, the Secretary of the Treasury
and the Secretary of Energy shall jointly report to
Congress on the results of the study described in
subparagraph (A), along with any recommendations for
legislative action. | Includes as part of the investment tax credit the reduced greenhouse gas emissions facilities credit and makes such credit the applicable percentage of qualified investment in a reduced greenhouse gas emissions facility for a taxable year. Allows such credit to be increased by the aggregate of each qualified progress (emissions facility expansion or construction) expenditure for a taxable year.
Provides special rules for the recapture of such credit.
Directs the Secretaries of the Treasury and Energy to jointly study and report to Congress on possible additional incentives for, and removal of barriers to, voluntary, non- recoupable expenditures for the reduction of such emissions. Expresses the sense of Congress that such incentives should be available for individuals, organizations, and entities, including both for- profit and nonprofit institutions.
Directs the Secretaries to jointly study and report to Congress on possible additional measures that would provide nonprofit entities with economic incentives for such emission reductions comparable to those provided by this Act. | {"src": "billsum_train", "title": "Climate Change Tax Amendments of 1999"} | 2,684 | 197 | 0.565701 | 1.503552 | 0.818264 | 3.585227 | 14.005682 | 0.926136 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) There are approximately 100,000,000 unexploded
antipersonnel landmines strewn in more than 60 countries around
the world, and tens of millions of antipersonnel landmines are
stored in stockpiles. The Department of State reports that
``landmines may be the most toxic and widespread pollution
facing mankind''.
(2) Like chemical and biological weapons, landmines kill
and maim indiscriminately.
(3) After the United States adopted a unilateral moratorium
on the export of antipersonnel landmines, the United Nations
General Assembly unanimously called for an international
moratorium on such exports, and the Governments of France,
Germany, Greece, Belgium, the Netherlands, Poland, Slovakia,
and South Africa have announced export moratoria. The
Government of Cambodia has stated that it will no longer use or
purchase antipersonnel landmines.
(4) Despite such actions, far more antipersonnel landmines
are being strewn than are being cleared. Each month, at least
1,200 persons, mostly innocent civilians, are killed or injured
by landmines. In some countries, more than one third of all
casualties of antipersonnel landmines are women and children.
(5) With hundreds of types of antipersonnel landmines being
produced in at least 50 countries, only international
cooperation on limits on the production, possession, transfer,
and use of antipersonnel landmines will stop the slaughter of
innocent lives.
(6) A United Nations conference to review the 1980
Conventional Weapons Convention, including Protocol II to the
Convention (otherwise known as the Landmine Protocol), is
planned for 1995. Meetings of governmental experts to prepare
for the conference have begun. This is a critical time for
United States leadership to help solve the landmine crisis.
SEC. 2. POLICY.
It is the sense of Congress that the President should--
(1) actively seek an international agreement prohibiting
the production, possession, transfer, and use of antipersonnel
landmines; and
(2) as interim measures to be pursued during the seeking of
such prohibitions, actively seek international agreements,
modifications of the 1980 Conventional Weapons Convention, or
other agreements or arrangements to limit further the
production, possession, transfer, and use of antipersonnel
landmines.
SEC. 3. MORATORIUM ON THE PRODUCTION AND PROCUREMENT OF ANTIPERSONNEL
LANDMINES.
(a) Sense of Congress.--It is the sense of Congress that a
moratorium by the United States on the purchase and production of
antipersonnel landmines would encourage other nations to adopt similar
measures.
(b) Moratorium.--Effective 90 days after the date of the enactment
of this Act, the United States Government shall not purchase or produce
antipersonnel landmines.
(c) Period of Moratorium.--The prohibition set forth in subsection
(b) shall continue until the end of the one-year period beginning on
the date of the enactment of this Act.
(d) Actions by Other Nations.--(1) The Congress urges the
President, during the period referred to in subsection (c), to
encourage each nation which is a major producer of antipersonnel
landmines to adopt a moratorium similar to the moratorium described in
subsection (b).
(2) If the President determines during the period referred to in
subsection (c) that nations that are major producers of antipersonnel
landmines have adopted moratoria similar to the moratorium described in
subsection (b), the President may extend the moratorium for such
additional time as the President considers appropriate.
(3) For the purposes of this subsection, the term ``major producers
of antipersonnel landmines'' shall include the following:
(A) Belgium.
(B) Bulgaria.
(C) The Peoples Republic of China.
(D) Egypt.
(E) France.
(F) Germany.
(G) Hungary.
(H) Italy.
(I) Pakistan.
(J) Russia.
(K) South Africa.
(L) The United Kingdom.
SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVITIES.
Of the funds authorized by an Act authorizing appropriations for
military activities of the Department of Defense, $10,000,000 are
authorized to support humanitarian activities relating to the clearing
and disarming of landmines and the protection of civilians from
landmines (including activities relating to the furnishing of
education, training, technical assistance, demining equipment and
technology and activities relating to research and development on
demining equipment and technology) and for contributions to United
Nations agencies and programs and to nongovernmental organizations to
support such activities, and $10,000,000 are authorized for efforts to
improve landmine detection and neutralization.
SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EFFECTS OF ANTIPERSONNEL
LANDMINES.
(a) Analysis.--(1) Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Agency for
International Development and the Secretary of State shall jointly
submit to Congress a joint report containing a quantitative and
qualitative analysis of the social, economic, and environmental costs
and effects of the use of antipersonnel landmines.
(2) The analysis shall cover not less than three countries (as
jointly determined by the Administrator and the Secretary) in which the
presence of landmines presents significant social, economic, and
environmental problems.
(3) In preparing the report, the Administrator and the Secretary
shall rely on any appropriate governmental and nongovernmental
materials and sources of information that are available to them.
(b) Assessment.--(1) The Secretary of Defense shall submit to
Congress a report setting forth the total number of members of the
United States Armed Forces killed or wounded by antipersonnel landmines
during each of the following periods:
(A) World War II.
(B) The Korean conflict.
(C) The Vietnam era.
(D) The Persian Gulf War.
(2) The Secretary of Defense shall submit the report under this
subsection at the same time that the report required under subsection
(a) is submitted.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``antipersonnel landmine'' means any of the
following:
(A) Any munition placed under, on, or near the
ground or other surface area, delivered by artillery,
rocket, mortar, or similar means, or dropped from an
aircraft and which is designed, constructed, adapted,
or designed to be adapted to be detonated or exploded
by the presence, proximity, or contact of a person.
(B) Any device or material which is designed,
constructed, adapted, or designed to be adapted to kill
or injure and which functions unexpectedly when a
person disturbs or approaches an apparently harmless
object or performs an apparently safe act.
(2) The term ``1980 Conventional Weapons Convention'' means
the 1980 Conventional Weapons Convention on Production or
Restrictions on the Use of Certain Conventional Weapons Which
May Be Deemed To Be Excessively Injurious or To Have
Indiscriminate Effects, done at New York on April 10, 1981. | Expresses the sense of the Congress that the President should actively seek: (1) an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) in the interim, international agreements to further limit the production, possession, transfer, and use of such landmines.
Expresses the sense of the Congress that a U.S. moratorium on the purchase and production of such landmines would encourage other nations to adopt similar measures. Establishes such moratorium for a one-year period beginning 90 days after enactment of this Act. Calls for the President to urge other nations to adopt such a moratorium. Allows the moratorium to be extended. Earmarks funds authorized under the current Department of Defense Authorization Act for improving landmine detection and neutralization.
Directs the Administrator of the Agency for International Development and the Secretary of State to jointly submit to the Congress a report containing an analysis of the social, economic, and environmental costs and effects of the use of antipersonnel landmines.
Directs the Secretary of Defense to report to the Congress on the total number of U.S. military personnel killed or wounded by such landmines during World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War. | {"src": "billsum_train", "title": "A bill to state the sense of Congress on the production, possession, transfer, and use of anti-personnel landmines, to place a moratorium on United States production of anti-personnel landmines, and for other purposes."} | 1,604 | 280 | 0.626087 | 2.280068 | 0.924764 | 4.042373 | 6.021186 | 0.915254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anabolic Steroid Control Act of
2003''.
SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) in paragraph (41)--
(A) by realigning the margin so as to align with
paragraph (40);
(B) by striking subparagraph (A) and inserting the
following:
``(A) The term `anabolic steroid' means any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone), and includes--
``(i) androstanediol--
``(I) 3b,17b-dihydroxy-5a-androstane; and
``(II) 3a,17b-dihydroxy-5a-androstane;
``(ii) androstanedione (5a-androstan-3,17-dione);
``(iii) androstenediol--
``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
androst-1-ene);
``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
androst-1-ene);
``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
4-ene); and
``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
5-ene);
``(iv) androstenedione--
``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
dione);
``(II) 4-androstenedione (androst-4-en-3,17-dione);
and
``(III) 5-androstenedione (androst-5-en-3,17-
dione);
``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
3-one);
``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
en-3-one);
``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
one);
``(ix) dehydrochlormethyltestosterone (4-chloro-17b-
hydroxy-17a-methyl-androst-1,4-dien-3-one);
``(x) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
``(xi) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
one);
``(xii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
``(xiii) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
dihydroxyandrost-4-en-3-one);
``(xiv) formebolone (2-formyl-17a-methyl-11a,17b-
dihydroxyandrost-1,4-dien-3-one);
``(xv) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
furazan);
``(xvi) 18a-homo-17b-hydroxyestr-4-en-3-one (13b-ethyl-17b-
hydroxygon-4-en-3-one);
``(xvii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
en-3-one);
``(xviii) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-
estr-4-en-3-one);
``(xix) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
one);
``(xx) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3-
one);
``(xxi) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
dien-3-one);
``(xxii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5-
ene);
``(xxiii) methenolone (1-methyl-17b-hydroxy-5a-androst-1-
en-3-one);
``(xxiv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
4-en-3-one);
``(xxv) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3-
one);
``(xxvi) nandrolone (17b-hydroxyestr-4-en-3-one);
``(xxvii) norandrostenediol--
``(I) 19-nor-4-androstenediol (3b, 17b-
dihydroxyestr-4-ene);
``(II) 19-nor-4-androstenediol (3a, 17b-
dihydroxyestr-4-ene);
``(III) 19-nor-5-androstenediol (3b, 17b-
dihydroxyestr-5-ene); and
``(IV) 19-nor-5-androstenediol (3a, 17b-
dihydroxyestr-5-ene);
``(xxviii) norandrostenedione--
``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
dione); and
``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
dione;
``(xxix) norbolethone (18a-homo-17b-hydroxypregna-4-en-3-
one);
``(xxx) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one);
``(xxxi) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3-
one);
``(xxxii) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
androstan-3-one);
``(xxxiii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-
4-en-3-one);
``(xxxiv) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
hydroxy-[5a]-androstan-3-one);
``(xxxv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
eno[3,2-c]-pyrazole);
``(xxxvi) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-
en-3-one);
``(xxxvii) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic acid lactone);
``(xxxviii) 1-testosterone (17b-hydroxy-5a-androst-1-en-3-
one);
``(xxxix) testosterone (17b-hydroxyandrost-4-en-3-one);
``(xl) tetrahydrogestrinone (13b,17a-diethyl-17b-
hydroxygon-4,9,11-trien-3-one);
``(xli) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
and
``(xlii) any salt, ester, or ether of a drug or substance
described in this paragraph.''; and
(C) by adding at the end the following:
``(C) Notwithstanding subparagraph (A), the Attorney General may
not schedule Androstenedione as a controlled substance in accordance
with this Act until the Attorney General receives a finding from the
Commissioner of Food and Drugs relating to whether Androstenedione is
lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321 et seq.).''; and
(2) in paragraph (44), by inserting ``anabolic steroids,''
after ``marihuana,''.
(b) Authority and Criteria for Classification.--Section 201(g) of
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
(1) in paragraph (1), by striking ``substance from a
schedule if such substance'' and inserting ``drug which
contains a controlled substance from the application of titles
II and III of the Comprehensive Drug Abuse Prevention and
Control Act (21 U.S.C. 802 et seq.) if such drug''; and
(2) in paragraph (3), by adding at the end the following:
``(C) Upon the recommendation of the Secretary of Health
and Human Services, a compound, mixture, or preparation which
contains any anabolic steroid, which is intended for
administration to a human being or an animal, and which,
because of its concentration, preparation, formulation or
delivery system, does not present any significant potential for
abuse.''.
(c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic
Steroids Control Act of 1990 (Public Law 101-647) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 3. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect
to offenses involving anabolic steroids;
(2) consider amending the Federal sentencing guidelines to
provide for increased penalties with respect to offenses
involving anabolic steroids in a manner that reflects the
seriousness of such offenses and the need to deter anabolic
steroid use; and
(3) take such other action that the Commission considers
necessary to carry out this section.
SEC. 4. PREVENTION AND EDUCATION PROGRAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall award grants to
public and nonprofit private entities to enable such entities to carry
out science-based education programs in elementary and secondary
schools to highlight the harmful effects of anabolic steroids.
(b) Eligibility.--
(1) Application.--To be eligible for grants under
subsection (a), an entity shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Preference.--In awarding grants under subsection (a),
the Secretary shall give preference to applicants that intend
to use grant funds to carry out programs based on--
(A) the Athletes Training and Learning to Avoid
Steroids program;
(B) the Athletes Targeting Healthy Exercise and
Nutrition Alternatives program; and
(C) other programs determined to be effective by
the National Institute on Drug Abuse.
(c) Use of Funds.--Amounts received under a grant under subsection
(a) shall be used primarily for education programs that will directly
communicate with teachers, principals, coaches, as well as elementary
and secondary school children concerning the harmful effects of
anabolic steroids.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2004 through 2009.
SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH.
(a) In General.--The Secretary of Health and Human Services shall
ensure that the National Survey on Drug Use and Health includes
questions concerning the use of anabolic steroids.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for each of fiscal
years 2004 through 2009. | Anabolic Steroid Control Act of 2003 - Amends the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include tetrahydrogestrinone (THG), androstenedione, and specified related chemicals.
Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation any compound, mixture, or preparation that contains any anabolic steroid, that is intended for administration to a human being or an animal, and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system.
Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties.
Directs the Secretary to: (1) award grants to enable public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids; and (2) ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. | {"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to clarify the definition of anabolic steroids and to provide for research and education activities relating to steroids and steroid precursors."} | 2,947 | 249 | 0.517032 | 1.314296 | 0.667156 | 4.955446 | 10.049505 | 0.925743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Work Act of 2005''.
SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
CREDIT.
(a) Credit Made Permanent.--
(1) Subsection (c) of section 51 of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) (relating to
termination).
(2) Section 51A of such Code is amended by striking
subsection (f).
(b) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) of such Code is amended by
adding ``and'' at the end of subparagraph (A), by striking ``, and'' at
the end of subparagraph (B) and inserting a period, and by striking all
that follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended
by striking ``25'' and inserting ``40''.
(d) Increase in Maximum Age for Designated Community Residents.--
(1) In general.--Paragraph (5) of section 51(d) of such
Code is amended to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated community
resident' means any individual who is certified by the
designated local agency--
``(i) as having attained age 18 but not age
40 on the hiring date, and
``(ii) as having his principal place of
abode within an empowerment zone, enterprise
community, or renewal community.
``(B) Individual must continue to reside in zone or
community.--In the case of a designated community
resident, the term `qualified wages' shall not include
wages paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, or renewal
community.''.
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(e) Clarification of Treatment of Individuals Under Individual Work
Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to
vocational rehabilitation referral) is amended by striking ``or'' at
the end of clause (i), by striking the period at the end of clause (ii)
and inserting ``, or'', and by adding at the end the following new
clause:
``(iii) an individual work plan developed
and implemented by an employment network
pursuant to subsection (g) of section 1148 of
the Social Security Act with respect to which
the requirements of such subsection are met.''.
(f) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005.
SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK
CREDIT.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(I) a long-term family assistance recipient.''.
(b) Long-Term Family Assistance Recipient.--Subsection (d) of
section 51 of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
``(10) Long-term family assistance recipient.--The term
`long-term family assistance recipient' means any individual
who is certified by the designated local agency--
``(A) as being a member of a family receiving
assistance under a IV-A program (as defined in
paragraph (2)(B)) for at least the 18-month period
ending on the hiring date,
``(B)(i) as being a member of a family receiving
such assistance for 18 months beginning after August 5,
1997, and
``(ii) as having a hiring date which is not more
than 2 years after the end of the earliest such 18-
month period, or
``(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any
limitation imposed by Federal or State law on the
maximum period such assistance is payable to a family,
and
``(ii) as having a hiring date which is not more
than 2 years after the date of such cessation.''.
(c) Increased Credit for Employment of Long-Term Family Assistance
Recipients.--Section 51 of such Code is amended by inserting after
subsection (d) the following new subsection:
``(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
``(1) In general.--With respect to the employment of a
long-term family assistance recipient--
``(A) the amount of the work opportunity credit
determined under this section for the taxable year
shall include 50 percent of the qualified second-year
wages for such year, and
``(B) in lieu of applying subsection (b)(3), the
amount of the qualified first-year wages, and the
amount of qualified second-year wages, which may be
taken into account with respect to such a recipient
shall not exceed $10,000 per year.
``(2) Qualified second-year wages.--For purposes of this
subsection, the term `qualified second-year wages' means
qualified wages--
``(A) which are paid to a long-term family
assistance recipient, and
``(B) which are attributable to service rendered
during the 1-year period beginning on the day after the
last day of the 1-year period with respect to such
recipient determined under subsection (b)(2).
``(3) Special rules for agricultural and railway labor.--If
such recipient is an employee to whom subparagraph (A) or (B)
of subsection (h)(1) applies, rules similar to the rules of
such subparagraphs shall apply except that--
``(A) such subparagraph (A) shall be applied by
substituting `$10,000' for `$6,000', and
``(B) such subparagraph (B) shall be applied by
substituting `$833.33' for `$500'.''.
(d) Repeal of Separate Welfare-to-Work Credit.--
(1) In general.--Section 51A of such Code is hereby
repealed.
(2) Clerical amendment.--The table of sections for subpart
F of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 51A.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005. | Encouraging Work Act of 2005 - Amends the Internal Revenue Code to consolidate and modify provisions of the work opportunity tax credit and the welfare-to-work tax credit and make the consolidated tax credit permanent. Expands eligibility for the consolidated tax credit by: (1) determining eligibility of ex-felons without regard to family income; and (2) raising the age ceiling for food stamp recipients from 25 to 40. Includes a "designated community resident" (in lieu of "high risk youth") and "long-term family assistance recipient" as members of the targeted group eligible for the consolidated tax credit. Provides for an increased tax credit for employment of long-term family assistance recipients.
Repeals the separate welfare-to-work tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the work opportunity credit and the welfare-to-work credit."} | 1,623 | 161 | 0.525988 | 1.330655 | 0.747181 | 2.537415 | 9.952381 | 0.727891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TANF Emergency Response and Recovery
Act of 2005''.
SEC. 2. ADVANCE PAYMENT OF TANF BLOCK GRANTS FOR THE FIRST QUARTER OF
FISCAL YEAR 2006.
(a) In General.--Notwithstanding section 405 of the Social Security
Act, the Secretary of Health and Human Services shall pay each grant
payable under section 403 of such Act for the first quarter of fiscal
year 2006, as soon as practicable after the date of the enactment of
this Act.
(b) Extension of the Temporary Assistance for Needy Families Block
Grant Program Through December 31, 2005.--
(1) In general.--Activities authorized by part A of title IV of
the Social Security Act, and by section 1108(b) of such Act, shall
continue through December 31, 2005, in the manner authorized for
fiscal year 2005, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants
and payments may be made pursuant to this authority through the
first quarter of fiscal year 2006 at the level provided for such
activities through the first quarter of fiscal year 2005.
(2) Conforming amendments.--
(A) Supplemental grants for population increases in certain
states.--Section 403(a)(3)(H)(ii) of the Social Security Act
(42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking ``September
30'' and inserting ``December 31''.
(B) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act
(42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2005''
and inserting ``2006''.
(C) Maintenance of effort.--Section 409(a)(7) of such Act
(42 U.S.C. 609(a)(7)) is amended--
(i) in subparagraph (A), by striking ``or 2006'' and
inserting ``2006, or 2007''; and
(ii) in subparagraph (B)(ii), by striking ``2005'' and
inserting ``2006''.
(c) Extension of the National Random Sample Study of Child Welfare
and Child Welfare Waiver Authority Through December 31, 2005.--
Activities authorized by sections 429A and 1130(a) of the Social
Security Act shall continue through December 31, 2005, in the manner
authorized for fiscal year 2005, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority through the first
quarter of fiscal year 2006 at the level provided for such activities
through the first quarter of fiscal year 2005.
SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST
FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.
(a) Eligibility for Payments From the Contingency Fund.--Beginning
with the date of the enactment of this Act and ending with August 31,
2006, a State shall be considered a needy State for purposes of section
403(b) of the Social Security Act if--
(1) cash benefits under the State program funded under part A
of title IV of the Social Security Act have been provided on a
short-term, nonrecurring basis, to a family which--
(A) has resided in another State that includes an area for
which a major disaster has been declared under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) as a result of Hurricane Katrina; and
(B) has travelled (not necessarily directly) to the State
from such other State as a result of the hurricane; and
(2) the State has determined that the family is not receiving
cash benefits from any program funded under such part of any other
State.
(b) Limitation on Funding.--Subject to section 403(b)(3)(C)(i) of
the Social Security Act, the total amount paid under section
403(b)(3)(A) of such Act to a State which is a needy State for purposes
of section 403(b) of such Act by reason of subsection (a) of this
section shall not exceed the total amount of cash benefits provided as
described in subsection (a)(1) of this section, to the extent that the
condition of subsection (a)(2) of this section has been met with
respect to the families involved.
(c) No State Match Required.--Sections 403(b)(6) and 409(a)(10) of
the Social Security Act shall not apply with respect to a payment made
to a State by reason of this section.
SEC. 4. AVAILABILITY OF ADDITIONAL TANF FUNDS FOR HURRICANE-DAMAGED
STATES.
(a) Certain States Made Eligible for Loans.--Beginning with the
date of the enactment of this Act and ending with the end of fiscal
year 2006:
(1) The States of Louisiana, Mississippi, and Alabama shall be
considered loan-eligible States for purposes of section 406 of the
Social Security Act.
(2) Notwithstanding section 406(d) of the Social Security Act,
the cumulative dollar amount of all loans made to such a State
under such section by reason of this section shall not exceed 20
percent of the State family assistance grant payable to the State
under section 403 of such Act for fiscal year 2006.
(b) Forgiveness of Loans.--Notwithstanding section 406 of the
Social Security Act, a penalty may not be imposed against any of the
States of Louisiana, Mississippi, or Alabama for failure to--
(1) repay a loan made to the State under such section on or
after the date of the enactment of this Act and before October 1,
2007; or
(2) make any interest payment on such a loan.
SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS TO PROVIDE BENEFITS AND
SERVICES TO SUPPORT NEEDY FAMILIES AFFECTED BY HURRICANE
KATRINA.
A State or tribe may use a grant made to the State or tribe under
part A of title IV of the Social Security Act for any fiscal year to
provide, without fiscal year limitation, any benefit or service that
may be provided under the State or tribal program funded under such
part to support needy families affected by Hurricane Katrina.
SEC. 6. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT
TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY
FAMILIES AFFECTED BY HURRICANE KATRINA.
Benefits provided on a short-term, nonrecurring basis under a State
program funded under part A of title IV of the Social Security Act,
during the period that begins with the date of the enactment of this
Act and ends with the end of fiscal year 2006, to meet a subsistence
need of a family resulting from Hurricane Katrina shall not be
considered assistance for purposes of sections 407 and 408(a)(7) of the
Social Security Act.
SEC. 7. WAIVER OF TANF PENALTIES IN HURRICANE-DAMAGED STATES.
The Secretary of Health and Human Services shall not impose a
penalty on any of the States of Louisiana, Mississippi, or Alabama
under any of paragraphs (2) through (6), or (8) through (14) of section
409(a) of the Social Security Act with respect to a failure to comply
with a provision of part A of title IV of such Act during the period
that begins with the date of the enactment of this Act and ends with
the end of fiscal year 2006, if the Secretary determines that the
failure resulted from Hurricane Katrina or reasonable conduct of the
State in addressing needs of victims of Hurricane Katrina.
SEC. 8. EMERGENCY DESIGNATION.
Each amount provided in this Act (other than in section 2) is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TANF Emergency Response and Recovery Act of 2005 - (Sec. 2) Directs the Secretary of Health and Human Services to pay each state family assistance grant payable for the first quarter of FY2006, as soon as practicable after the enactment of this Act.
Provides that activities authorized by part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act shall continue through December 31, 2005, in the manner authorized for FY2005. Makes necessary appropriations for such purpose. Provides that grants and payments may be made pursuant to this authority through the first quarter of FY2006 at the same level as provided through the first quarter of 2005. Extends the National Random Sample Study of Child Welfare and Child Welfare Waiver Authority through December 31, 2005.
(Sec. 3) Provides that, between the enactment of this Act and August 31, 2006, a state shall be considered a needy state for purposes of the TANF Contingency Fund for State Welfare Programs if: (1) cash benefits under the state TANF program have been provided on a short-term, nonrecurring basis to a family which has resided in another state that includes an area for which a major disaster has been declared as a result of Hurricane Katrina, and has traveled (not necessarily directly) to the state from such other state as a result of the hurricane; and (2) the state has determined that the family is not receiving cash benefits from any program funded under part A of any other state. Declares that no state match is required for such state payments.
(Sec. 4) Provides that between the enactment of this Act and the end of FY2006: (1) the states of Louisiana, Mississippi, and Alabama shall be considered eligible for federal loans for State Welfare Programs; and (2) the cumulative dollar amount of all loans made to such a state by reason of this Act shall not exceed 20% of the state family assistance grant payable to the state for FY2006. Prohibits the imposition of a penalty against Louisiana, Mississippi, or Alabama for failure to repay such a loan or make any interest payment on it.
(Sec. 5) Authorizes a state or tribe to use a grant made under the TANF program for any fiscal year to provide, without fiscal year limitation, any benefit or service that may be provided under the state or tribal TANF program to support needy families affected by Hurricane Katrina.
(Sec. 6) Declares that benefits provided on a short-term, nonrecurring basis under a state TANF program, between the enactment of this Act and the end of FY2006, to meet a subsistence need of a family resulting from Hurricane Katrina shall not be considered assistance for purposes of mandatory work requirements and the five-year limit on assistance.
(Sec. 7) Prohibits the Secretary from imposing a penalty on Louisiana, Mississippi, or Alabama for failure to comply with any provision of the TANF program between the enactment of this Act and the end of FY2006, if the failure resulted from Hurricane Katrina or reasonable conduct of the state in addressing needs of Hurricane Katrina victims.
(Sec. 8) Designates each amount provided in this Act (other than in Sec. 2) as an emergency requirement exempt from the budget enforcement requirements of H.Con. Res. 95 (109th Congress). | {"src": "billsum_train", "title": "To provide assistance to families affected by Hurricane Katrina, through the program of block grants to States for temporary assistance for needy families."} | 1,910 | 758 | 0.609912 | 1.976835 | 0.704539 | 5.882813 | 2.432813 | 0.932813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Functional Gastrointestinal and
Motility Disorders Research Enhancement Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Functional gastrointestinal and motility disorders
(FGIMDs) are chronic conditions associated with increased
sensitivity of the GI tract, abnormal motor functioning, and
brain-gut dysfunction.
(2) FGIMDs are characterized by chronic or recurring
symptoms in the GI tract including pain or discomfort, nausea,
vomiting, diarrhea, constipation, incontinence, problems in the
passage of food or feces, or a combination of these symptoms.
(3) FGIMDs include conditions such as functional dysphagia,
gastroesophageal reflux disease, dyspepsia, cyclic vomiting
syndrome, gallbladder and bile duct dysfunction, gastroparesis,
irritable bowel syndrome (IBS), Hirschsprung's disease, chronic
intestinal pseudo-obstruction, bowel incontinence, and many
others, which affect the esophagus, stomach, gallbladder, small
and large intestine, and anorectal areas of the body.
(4) The severity of FGIMDs ranges from mildly uncomfortable
to debilitating and in some cases life-threatening.
(5) Effective treatments for the multiple symptoms of
FGIMDs are lacking, and while sufferers frequently use a
variety of medications and therapies for symptoms, few patients
report satisfaction with available treatments.
(6) Physicians are not sufficiently educated on the proper
diagnosis and up-to-date treatments for FGIMDs. This leads to
excess health care costs due to unneeded diagnostic procedures
and errors in treatments.
(7) Patients with FGIMDs frequently suffer for years before
receiving an accurate diagnosis, exposing them to unnecessary
and costly tests and procedures including surgeries, as well as
needless suffering and expense.
(8) The economic impact of FGIMDs is high. The annual cost
in the United States for IBS alone is estimated to be between
$1.7 billion and $10 billion in direct medical costs (excluding
prescription and over-the-counter medications) and $20 billion
in indirect medical costs.
(9) FGIMDs frequently take a toll on the workplace, as
reflected in work absenteeism, lost productivity, and lost
opportunities for the individual and society.
(10) Gastrointestinal symptoms consistent with functional
gastrointestinal disorders, such as IBS and functional
dyspepsia, are recognized as a serious and disabling issue for
military veterans, particularly those who have been deployed in
war zones.
(11) FGIMDs affect individuals of all ages including
children, and pediatric FGIMDs can be particularly serious,
leading to a lifetime of painful symptoms and medical expenses
associated with management of chronic illness or death.
(12) There is inadequate public education and
misunderstanding of FGIMDs leading to stigma placed upon
individuals so afflicted.
(13) The National Institutes of Health's National
Commission on Digestive Diseases identified comprehensive
research goals related to FGIMDs in its April 2009 report to
Congress and the American public entitled ``Opportunities and
Challenges in Digestive Diseases Research: Recommendations of
the National Commission on Digestive Diseases''.
SEC. 3. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS RESEARCH
ENHANCEMENT.
Part B of the title IV of the Public Health Service Act (42 U.S.C.
284 et seq.) is amended by adding at the end the following:
``SEC. 409K. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS.
``The Director of NIH may expand, intensify, and coordinate the
activities of the National Institutes of Health with respect to
functional gastrointestinal and motility disorders (in this section
referred to as `FGIMDs') by--
``(1) expanding basic and clinical research into FGIMDs by
implementing the research recommendations of the National
Commission on Digestive Diseases relating to FGIMDs;
``(2) providing support for the establishment of up to five
centers of excellence on FGIMDs at leading academic medical
centers throughout the country to carry out innovative basic,
translational, and clinical research focused on FGIMDs;
``(3) supporting innovative approaches to educating health
care providers and patients regarding strategies that improve
patient-provider relationships and care and foster research to
determine the effects of these approaches in improving patient
satisfaction, improved clinical outcomes, efficient utilization
of health care services, and reduced health care costs;
``(4) exploring collaborative research opportunities among
the National Institute of Diabetes and Digestive and Kidney
Diseases, the Office of Research on Women's Health, the Office
of Rare Disease Research, and other Institutes and Centers of
the National Institutes of Health;
``(5) directing the National Institute of Diabetes and
Digestive and Kidney Diseases to provide the necessary funding
for continued expansion and advancement of the FGIMDs research
portfolio through intramural and extramural research;
``(6) directing the National Institute of Diabetes and
Digestive and Kidney Diseases and the Eunice Kennedy Shriver
National Institute of Child Health and Human Development to
expand research into FGIMDs that impact children, such as
Hirschsprung's disease and cyclic vomiting syndrome, and
maternal health, such as fecal incontinence; and
``(7) exploring opportunities to partner with the
Department of Defense and the Department of Veterans Affairs to
increase research and improve patient care regarding FGIMDs
that commonly impact veterans and active duty military
personnel, such as IBS and dyspepsia.''.
SEC. 4. PROMOTING PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
Part B of title III of the Public Health Service Act (42 U.S.C.
243 et seq.) is amended by adding at the end the following:
``SEC. 320B. PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
``The Secretary may engage in public awareness and education
activities to increase understanding and recognition of functional
gastrointestinal and motility disorders (in this section referred to as
`FGIMDs'). Such activities may include the distribution of print, film,
and web-based materials targeting health care providers and the public
and prepared and disseminated in conjunction with patient organizations
that treat FGIMDs. The information expressed through such activities
should emphasize--
``(1) basic information on FGIMDs, their symptoms,
prevalence, and frequently co-occurring conditions; and
``(2) the importance of early diagnosis, and prompt and
accurate treatment of FGIMDs.''.
SEC. 5. SENSE OF CONGRESS OF THE DEVELOPMENT AND OVERSIGHT OF
INNOVATIVE TREATMENT OPTIONS FOR FUNCTIONAL
GASTROINTESTINAL AND MOTILITY DISORDERS.
It is the sense of Congress that, considering the current lack of
effective treatment options for the global symptoms of functional
gastrointestinal and motility disorders (in this section referred to as
``FGIMDs'') and the inherent challenges of developing and bringing such
treatments to market, the Commissioner of Food and Drugs should
continue and accelerate important efforts to improve the development
and oversight of treatment options for FGIMDs by--
(1) enhancing the commitment to emerging efforts like the
Patient Reported Outcomes Consortium to expedite medical device
and drug development, study appropriate balances between risk
and patient benefit, and identify proper endpoints for
conditions without clear, biological indicators;
(2) enhancing the commitment to broad efforts like the
Critical Path Initiative focused on ensuring that scientific
breakthroughs are quickly translated into safe and beneficial
treatment options; and
(3) continuing collaboration with patient and provider
organizations that treat FGIMDs so that the patient perspective
is considered when determining the need for innovative
treatments. | Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2015 This bill amends the Public Health Service Act to require the National Institutes of Health to expand, intensify, and coordinate its activities with respect to functional gastrointestinal and motility disorders (FGIMDs), including by: expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases, providing support for the establishment of centers of excellence on FGIMDs, supporting innovative approaches to educating health care providers and patients regarding strategies that improve patient-provider relationships and care, directing the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) to provide the necessary funding for the continued expansion and advancement of the FGIMDs research portfolio, and directing NIDDK and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children. The Department of Health and Human Services may engage in public awareness and education activities to increase understanding and recognition of FGIMDs. | {"src": "billsum_train", "title": "Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2015"} | 1,769 | 230 | 0.454591 | 1.520451 | 0.744041 | 5.289617 | 8.180328 | 0.961749 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lincoln National
Forest Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LAND EXCHANGES
Sec. 101. Ranchman's Camp land exchange, Lincoln National Forest, New
Mexico.
Sec. 102. C Bar X Ranch land exchange, Lincoln National Forest, New
Mexico.
Sec. 103. Provisions applicable to both land exchanges.
TITLE II--BOUNDARY ADJUSTMENT
Sec. 201. Proclamation boundary defined.
Sec. 202. Lincoln National Forest proclamation boundary adjustment.
Sec. 203. Miscellaneous provisions.
TITLE I--LAND EXCHANGES
SEC. 101. RANCHMAN'S CAMP LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW
MEXICO.
(a) Conveyance Authorized.--If the owners of Ranchman's Camp, New
Mexico, offer to convey to the United States all right, title, and
interest of the owners in and to the non-Federal land depicted for
exchange on the map entitled ``Ranchman's Camp Land Exchange'' and
dated June 3, 2006, the Secretary of Agriculture may accept title to
the land on behalf of the United States and convey in exchange to the
owners all right, title, and interest of the United States in and to
the Federal land in the Lincoln National Forest depicted for exchange
on such map.
(b) Easements.--Simultaneously with the exchange of Federal land
and non-Federal land under subsection (a), the Secretary and the owners
of Ranchman's Camp shall exchange, at no additional consideration,
nonexclusive reciprocal easements for access and utilities across,
over, and through Forest Road 105, as depicted on the map referred to
in such subsection.
(c) Treatment of Map.--The map referred to in subsection (a) shall
be available for inspection in the Office of the Chief of the Forest
Service and the Office of the Supervisor of Lincoln National Forest
during the period beginning on the date of the enactment of this Act
until one year after completion of the land exchange authorized by such
subsection.
(d) Completion.--To the extent practicable, the Secretary shall
complete the land exchange authorized by subsection (a) not later than
180 days after the date on which the owners of Ranchman's Camp make the
offer described in such subsection, unless the Secretary and the owners
agree to extend such deadline.
SEC. 102. C BAR X RANCH LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW
MEXICO.
(a) Conveyance Authorized.--If the owners of C Bar X Ranch, New
Mexico, offer to convey to the United States all right, title, and
interest of the owners in and to the non-Federal land depicted for
exchange on the map entitled ``C Bar X Ranch Land Exchange'' and dated
June 3, 2006, the Secretary of Agriculture may accept title to the land
on behalf of the United States and convey in exchange to the owners all
right, title, and interest of the United States in and to the Federal
land in the Lincoln National Forest depicted for exchange on such map.
(b) Easements.--Simultaneously with the exchange of Federal land
and non-Federal land under subsection (a), the Secretary and the owners
of C Bar X Ranch shall exchange, at no additional consideration,
nonexclusive reciprocal easements for access and utilities across,
over, and through Forest Road 488 and Forest Road 105, as depicted on
the map referred to in such subsection.
(c) Treatment of Map.--The map referred to in subsection (a) shall
be available for inspection in the Office of the Chief of the Forest
Service and the Office of the Supervisor of Lincoln National Forest
during the period beginning on the date of the enactment of this Act
until one year after completion of the land exchange authorized by such
subsection.
(d) Completion.--To the extent practicable, the Secretary shall
complete the land exchange authorized by subsection (a) not later than
180 days after the date on which the owners of C Bar X Ranch make the
offer described in such subsection, unless the Secretary and the owners
agree to extend such deadline.
SEC. 103. PROVISIONS APPLICABLE TO BOTH LAND EXCHANGES.
(a) Exchange Processing.--Numerous surveys, clearances, reviews for
threatened and endangered species, and reviews of cultural and
historical resources have been conducted with regard to the land
authorized for exchange under this title. There is no need to conduct
additional duplicate studies or surveys to complete the land exchanges.
(b) Final Maps and Descriptions.--The exact acreage and legal
description of the land authorized to be exchanged under this title
shall be more particularly delineated and described by the Secretary of
the Interior according to a final boundary map and boundary
description, which shall be filed in the Office of the Chief of the
Forest Service.
(c) Equal Value Exchange.--
(1) Equal value exchange required.--The market value of the
Federal land and non-Federal land covered by each land exchange
authorized by this title shall be equal or equalized as
provided by subsection (d) or by adjusting the acreage to be
conveyed in the land exchange, as determined by the Secretary
and agreed to by the private land owners.
(2) Appraiser qualifications.--The appraisal of the land
authorized to be exchanged under this title shall be conducted
by an appraiser with the following minimum qualifications:
(A) Licensed New Mexico real estate appraiser.
(B) Certified New Mexico real estate appraiser.
(C) Accredited rural appraiser.
(3) Costs of appraisal; other costs.--The owners of the
non-Federal land to be exchanged under this title shall cover
the costs of the land appraisal. The private land owners and
the Secretary shall each pay half of any additional costs.
(d) Cash Equalization.--
(1) Authorized amount.--Notwithstanding section 206(b) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization payment
in excess of 25 percent of the total value of the Federal land
conveyed by the Secretary under section 101 or 102.
(2) Deposit and use.--Any cash equalization payment
received by the Secretary under this section shall be deposited
into a fund established under the Act of December 4, 1967
(commonly known as the Sisk Act; 16 U.S.C. 484a). The deposited
amounts shall be available to the Secretary, until expended and
without further appropriation, for the acquisition of lands and
interest in land in New Mexico and associated administrative
costs. Such amounts shall not be subject to transfer or
reprogramming for wildland fire management or any other
emergency purposes.
(e) Title.--Title to the non-Federal land to be acquired by the
United States under this title shall be acceptable to the Secretary and
in conformity with the title standards of the Attorney General. Title
to the Federal land shall be conveyed under this title by patent.
(f) Completion.--To the extent practicable, the Secretary shall
complete the land exchange authorized by subsection (a) not later than
180 days after the date of enactment, unless the Secretary and the
owners of the non-Federal lands, respectively, agree to extend such
deadline.
(g) Revocations and Withdrawal.--
(1) Revocation.--Any public land orders withdrawing any of
the Federal land from appropriation or disposal under the
public land laws are revoked to the extent necessary to permit
conveyance of the Federal land under this title.
(2) Withdrawal.--Subject to valid existing rights, pending
the completion of the land exchanges authorized by this title,
the Federal land identified for conveyance are withdrawn from
all forms of location, entry, and patent under the mining and
public land laws, and from disposition under the mineral
leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).
(h) Valid Existing Rights.--The conveyance of any Federal land
under this title shall be subject to valid existing rights, and to such
terms and conditions as the Secretary considers are in the public
interest and agreed to by the private land owners.
(i) Administration.--The Secretary shall manage the land acquired
by the United States under this title in accordance with the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.),
and in accordance with the other laws and regulations applicable to the
National Forest System.
TITLE II--BOUNDARY ADJUSTMENT
SEC. 201. PROCLAMATION BOUNDARY DEFINED.
In this title, the term ``Proclamation Boundary'' means the
exterior limits of the Lincoln National Forest in the State of New
Mexico established by Presidential Proclamation 32 (32 Stat. 2018)
signed by President Theodore Roosevelt on July 26, 1902, and
subsequently modified by Presidential Proclamation 1474 (40 Stat.
1832), signed by President Woodrow Wilson on August 9, 1918.
SEC. 202. LINCOLN NATIONAL FOREST PROCLAMATION BOUNDARY ADJUSTMENT.
(a) Modification.--The 1902 Proclamation Boundary of the Lincoln
National Forest is modified in section 20, township 7 south, range 16
east, New Mexico principal meridian to include only the NE\1/4\NE\1/4\
of such section, thereby excluding all non-National Forest System lands
in such section as of the date of the enactment of this Act.
(b) Availability.--To reflect the boundary adjustment effected by
subsection (a), a legal land description signed and approved by the
Regional Forester, Albuquerque, New Mexico, shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service and the office of the Regional Forester, Albuquerque,
New Mexico.
(c) Correction Authority.--The Secretary of Agriculture may make
minor technical and clerical corrections to the legal description to
facilitate the boundary adjustment.
SEC. 203. MISCELLANEOUS PROVISIONS.
(a) Administration.--Any and all land or interests in land
remaining within the boundaries of the Lincoln National Forest shall be
managed for National Forest System purposes in accordance with--
(1) the Act of March 1, 1911 (commonly known as the Weeks
Act; 16 U.S.C. 480 et seq.); and
(2) the laws and regulations applicable to the National
Forest System.
(b) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Lincoln National Forest, as adjusted by this
title, shall be considered to be the boundaries of the national forest
as of January 1, 1965.
(c) Effect.--Nothing in this Act limits the authority of the
Secretary of Agriculture to adjust the boundaries of the Lincoln
National Forest under section 11 of the Act of March 1, 1911 (16 U.S.C.
521). | Lincoln National Forest Act of 2006 - Authorizes exchanges of non-federal land of Ranchman's Camp and the C Bar X Ranch, New Mexico, for Lincoln National Forest land.
Modifies the 1902 Proclamation Boundary of the Lincoln National Forest to exclude specified non-National Forest System lands. Provides that such adjusted boundaries shall be considered to be the boundaries of such Forest as of January 1, 1965, for purposes of Land and Water Conservation Fund allocations. | {"src": "billsum_train", "title": "To provide for the exchange of certain land in the Lincoln National Forest, New Mexico, with the owners of Ranchman's Camp and the C Bar X Ranch, to adjust the proclamation boundary of that national forest, and for other purposes."} | 2,557 | 103 | 0.561819 | 1.461881 | 0.462147 | 3.758621 | 25.206897 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saudi Arabia Accountability Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United Nations Security Council Resolution 1373 (2001)
mandates that all states ``refrain from providing any form of
support, active or passive, to entities or persons involved in
terrorist acts'', take ``the necessary steps to prevent the
commission of terrorist acts'', and ``deny safe haven to those
who finance, plan, support, or commit terrorist acts''.
(2) The Council on Foreign Relations concluded in an
October 2002 report on terrorist financing that ``[f]or years,
individuals and charities based in Saudi Arabia have been the
most important source of funds for al-Qaeda, and for years,
Saudi officials have turned a blind eye to this problem''.
(3) In a June 2004 report entitled ``Update on the Global
Campaign Against Terrorist Financing'', the Council on Foreign
Relations reported that ``[w]e find it regrettable and
unacceptable that since September 11, 2001, we know of not a
single Saudi donor of funds to terrorist groups who has been
publicly punished''.
(4) According to the final report of the National
Commission on Terrorist Attacks Upon the United States, when
asked where terrorist leaders would likely locate their bases,
military officers and government officials repeatedly listed
Saudi Arabia as a prime location.
(5) A report released on January 28, 2005 by Freedom
House's Center for Religious Freedom found that Saudi Arabia is
the state most responsible for the propagation of material
promoting hatred, intolerance, and violence within United
States mosques and Islamic centers, and that these publications
are often official publications of a Saudi ministry or
distributed by the Embassy of Saudi Arabia in Washington, DC.
(6) During a July 2003 hearing on terrorism before the
Subcommittee on Terrorism, Technology and Homeland Security of
the Committee on the Judiciary of the Senate, David Aufhauser,
General Counsel of the Treasury Department, stated that Saudi
Arabia is, in many cases, the ``epicenter'' of financing for
terrorism.
(7) The New York Times, citing United States and Israeli
sources, reported on September 17, 2003, that at least 50
percent of the current operating budget of Hamas comes from
``people in Saudi Arabia''.
(8) The Middle East Media Research Institute concluded in a
July 3, 2003, report on Saudi support for Palestinian
terrorists that ``for decades, the royal family of the Kingdom
of Saudi Arabia has been the main financial supporter of
Palestinian groups fighting Israel''. The report notes
specifically that Saudi-sponsored organizations have funneled
over $4,000,000,000 to finance the Palestinian intifada that
began in September 2000.
(9) A joint committee of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives issued a report
on July 24, 2003, that quotes various United States Government
personnel who complained that the Saudis refused to cooperate
in the investigation of Osama bin Laden and his network both
before and after the September 11, 2001, terrorist attacks.
(10) After the 1996 bombing of the Khobar Towers housing
complex at Dahran, Saudi Arabia, which killed 19 United States
Air Force personnel and wounded approximately 400 people, the
Government of Saudi Arabia refused to allow United States
officials to question individuals held in detention by the
Saudis in connection with the attack.
(11) As recounted by counterterrorism officials in a
September 2003 issue of Time Magazine, Saudi Arabia denied
United States officials access to several suspects in the
custody of the Government of Saudi Arabia, including a Saudi
Arabian citizen in detention for months who had knowledge of
extensive plans to inject poison gas in the New York City
subway system.
(12) The United States Commission on International
Religious Freedom has reported that Saudi Arabian Government-
funded textbooks used both in Saudi Arabia and also in North
American Islamic schools and mosques have been found to
encourage incitement to violence against non-Muslims.
(13) There are indications that, since the May 12, 2003,
suicide bombings in Riyadh, the Government of Saudi Arabia is
making a more serious effort to combat terrorism.
(14) An official website of the Saudi Arabian Government's
Supreme Commission for Tourism included the following text:
``Visas will not be issued for the following groups of
people:
``An Israeli passport holder or a passport that has
an Israeli arrival/departure stamp.
``Those who don't abide by the Saudi traditions
concerning appearance and behaviors. Those under the
influence of alcohol will not be permitted into the
Kingdom.
``There are certain regulations for pilgrims and
you should contact the consulate for more information.
``Jewish People.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is imperative that the Government of Saudi Arabia
immediately and unconditionally--
(A) provide complete, unrestricted, and
unobstructed cooperation to the United States,
including the unsolicited sharing of relevant
intelligence in a consistent and timely fashion, in the
investigation of groups and individuals that are
suspected of financing, supporting, plotting, or
committing an act of terror against United States
citizens anywhere in the world, including within the
Kingdom of Saudi Arabia;
(B) permanently close all charities, schools, or
other organizations or institutions in the Kingdom of
Saudi Arabia that fund, train, incite, encourage, or in
any other way aid and abet terrorism anywhere in the
world (hereafter in this Act referred to as ``Saudi-
based terror organizations''), including by means of
providing support for the families of individuals who
have committed acts of terrorism;
(C) end funding or other support by the Government
of Saudi Arabia for charities, schools, and any other
organizations or institutions outside the Kingdom of
Saudi Arabia that train, incite, encourage, or in any
other way aid and abet terrorism anywhere in the world
(hereafter in this Act referred to as ``offshore terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism; and
(D) block all funding from private Saudi citizens
and entities to any Saudi-based terror organization or
offshore terrorism organization; and
(2) the President, in deciding whether to make the
certification under section 4, should judge whether the
Government of Saudi Arabia has continued and sufficiently
expanded the efforts to combat terrorism that it redoubled
after the May 12, 2003, bombing in Riyadh.
SEC. 4. SANCTIONS.
(a) Restrictions on Exports and Diplomatic Travel.--Unless the
President makes the certification described in subsection (c), the
President shall take the following actions:
(1) Prohibit the export to the Kingdom of Saudi Arabia, and
prohibit the issuance of a license for the export to the
Kingdom of Saudi Arabia, of--
(A) any defense articles or defense services on the
United States Munitions List under section 38 of the
Arms Export Control Act (22 U.S.C. 2778) for which
special export controls are warranted under such Act
(22 U.S.C. 2751 et seq.); and
(B) any item identified on the Commerce Control
List maintained under part 774 of title 15, Code of
Federal Regulations.
(2) Restrict travel of Saudi diplomats assigned to
Washington, District of Columbia, New York, New York, the Saudi
Consulate General in Houston, or the Saudi Consulate in Los
Angeles to a 25-mile radius of Washington, District of
Columbia, New York, New York, the Saudi Consulate General in
Houston, or the Saudi Consulate in Los Angeles, respectively.
(b) Waiver.--The President may waive the application of subsection
(a) if the President--
(1) determines that it is in the national security interest
of the United States to do so; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for such determination.
(c) Certification.--The President shall transmit to the appropriate
congressional committees a certification of any determination made by
the President after the date of the enactment of this Act that the
Government of Saudi Arabia--
(1) is fully cooperating with the United States in
investigating and preventing terrorist attacks;
(2) has permanently closed all Saudi-based terror
organizations;
(3) has ended any funding or other support by the
Government of Saudi Arabia for any offshore terror
organization; and
(4) has exercised maximum efforts to block all funding from
private Saudi citizens and entities to offshore terrorist
organizations.
SEC. 5. REPORT.
(a) Requirement for Report.--Not later than six months after the
date of the enactment of this Act and annually thereafter until the
President makes the certification described in section 4(c), the
Secretary of State shall submit to the appropriate congressional
committees a report on the progress made by the Government of Saudi
Arabia toward meeting the conditions described in paragraphs (1)
through (4) of such section.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 6. CESSATION OF VISA ISSUANCE.
Beginning on the day after the date of the enactment of this Act,
no visa shall be issued by the Government of the United States to a
citizen of Saudi Arabia until the President certifies that the Kingdom
of Saudi Arabia does not discriminate in the issuance of visas on the
basis of religious affiliation or heritage.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate. | Saudi Arabia Accountability Act of 2009 - Expresses the sense of Congress that the government of Saudi Arabia: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world, and end funding for such organizations outside Saudi Arabia; and (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations.
Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has exercised maximum efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons.
Prohibits visa issuance to citizens of Saudi Arabia until the President certifies that Saudi Arabia does not discriminate in visa issuance based upon religion or heritage. | {"src": "billsum_train", "title": "To halt Saudi support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, to secure full Saudi cooperation in the investigation of terrorist incidents, to halt the issuance of visas to citizens of Saudi Arabia until the President certifies that the Kingdom of Saudi Arabia does not discriminate in the issuance of visas on the basis of religious affiliation or heritage, and for other purposes."} | 2,131 | 244 | 0.510898 | 1.505589 | 0.755714 | 4.021186 | 8.648305 | 0.970339 |
SECTION 1. TREATMENT OF INTEREST EXPENSE OF QUALIFIED INFRASTRUCTURE
INDEBTEDNESS.
(a) In General.--Section 864(e) of the Internal Revenue Code of
1986 (relating to rules for allocating interest, etc.) is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively, and inserting after paragraph (5) the following new
paragraph:
``(6) Treatment of certain interest expense relating to
qualified infrastructure indebtedness.--
``(A) In general.--Interest expense attributable to
qualified infrastructure indebtedness of a taxpayer
shall be allocated and apportioned solely to sources
within the United States and the taxpayer's assets
(whether or not held in the United States) shall be
reduced by the amount of qualified infrastructure
indebtedness.
``(B) Qualified infrastructure indebtedness.--
``(i) In general.--For purposes of this
paragraph, the term `qualified infrastructure
indebtedness' means debt incurred to carry on,
or to acquire, build, or finance property used
predominantly in, the trade or business of the
furnishing or sale of electrical energy or
natural gas in the United States. The
determination of whether debt constitutes
qualified infrastructure indebtedness under the
previous sentence shall be made at the time the
debt is incurred.
``(ii) Required rate regulation.--The rates
for the furnishing or sale of electrical energy
or natural gas by a trade or business under
clause (i) must be established or approved by--
``(I) the District of Columbia or a
State or political subdivision thereof,
``(II) any agency or
instrumentality of the United States,
or
``(III) a public service or public
utility commission or other similar
body of the District of Columbia or of
any State or political subdivision
thereof.
``(iii) Limitation.--If the rate regulation
under clause (ii) applies only to a portion of
the trade or business of the furnishing or sale
of electrical energy or natural gas, the debt
incurred to carry on, or to acquire, build, or
finance property used in, such trade or
business shall constitute qualified
infrastructure indebtedness only to the extent
that the ratio of the total outstanding
qualified infrastructure indebtedness with
respect to such trade or business (including
such debt) to the total outstanding
indebtedness with respect to such trade or
business does not exceed the ratio of the
assets used in the portion of the trade or
business that is subject to such rate
regulation to the total assets used in such
trade or business. For purposes of the
determination under the preceding sentence,
assets shall be measured using book value for
taxation purposes unless the taxpayer makes an
election to use fair market value. Such
election shall apply to the taxable year for
which the election is made and all subsequent
taxable years unless revoked with the consent
of the Secretary.''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to debt incurred in taxable years beginning after the
date of enactment of this Act.
(2) Outstanding debt.--In the case of debt outstanding as
of the date of enactment of this Act, the determination of
whether such debt constitutes ``qualified infrastructure
indebtedness'' shall be made by applying the rules of section
864(e)(6)(B) of the Internal Revenue Code of 1986, as added by
this section, on the date such debt was incurred. | Amends Internal Revenue Code provisions concerning the allocation of interest to provide as a general rule that interest expense attributable to qualified infrastructure indebtedness of a taxpayer shall be allocated and apportioned solely to sources within the United States and the taxpayer's assets (whether or not held in the United States) shall be reduced by the amount of qualified infrastructure indebtedness. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a special rule regarding allocation of interest expense of qualified infrastructure indebtedness of taxpayers."} | 790 | 86 | 0.58409 | 1.46582 | 1.179891 | 6.215385 | 10.830769 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to ensure secure access to reliable energy
sources;
(2) the United States relies heavily on the foreign supply
of crude oil to meet the energy needs of the United States,
currently importing 58 percent of the total oil requirements of
the United States, of which 45 percent comes from member states
of the Organization of Petroleum Exporting Countries (OPEC);
(3) revenues from the sale of oil by some of these
countries directly or indirectly provide funding for terrorism
and propaganda hostile to the values of the United States and
the West;
(4) in the past, these countries have manipulated the
dependence of the United States on the oil supplies of these
countries to exert undue influence on United States policy, as
during the embargo of OPEC during 1973 on the sale of oil to
the United States, which became a major factor in the ensuing
recession;
(5) research by the Energy Information Administration of
the Department of Energy has shown that the dependence of the
United States on foreign oil will increase by 33 percent over
the next 20 years;
(6) a rise in the price of imported oil sufficient to
increase gasoline prices by 10 cents per gallon at the pump
would result in an additional outflow of $18,000,000,000 from
the United States to oil-exporting nations;
(7) for economic and national security reasons, the United
States should reduce, as soon as practicable, the dependence of
the United States on nations that do not share the interests
and values of the United States;
(8) the State of Israel has been a steadfast ally and a
close friend of the United States since the creation of Israel
in 1948;
(9) like the United States, Israel is a democracy that
holds civil rights and liberties in the highest regard and is a
proponent of the democratic values of peace, freedom, and
justice;
(10) cooperation between the United States and Israel on
such projects as the development of the Arrow Missile has
resulted in mutual benefits to United States and Israeli
security;
(11) the special relationship between Israel and the United
States has been and continues to be manifested in a variety of
jointly-funded cooperative programs in the field of scientific
research and development, such as--
(A) the United States-Israel Binational Science
Foundation (BSF);
(B) the Israel-United States Binational
Agricultural Research and Development Fund (BARD); and
(C) the Israel-United States Binational Industrial
Research and Development (BIRD) Foundation;
(12) these programs, supported by the matching
contributions from the Government of Israel and the Government
of the United States and directed by key scientists and
academics from both countries, have made possible many
scientific breakthroughs in the fields of life sciences,
medicine, bioengineering, agriculture, biotechnology,
communications, and others;
(13) on February 1, 1996, United States Secretary of Energy
Hazel R. O'Leary and Israeli Minister of Energy and
Infrastructure Gonen Segev signed the Agreement Between the
Department of Energy of the United States of America and the
Ministry of Energy and Infrastructure of Israel Concerning
Energy Cooperation, to establish a framework for collaboration
between the United States and Israel in energy research and
development activities;
(14) Israeli scientists and researchers have long been at
the forefront of research and development in the field of
alternative renewable energy sources;
(15) many of the top corporations of the world have
recognized the technological and scientific expertise of Israel
by locating important research and development facilities in
Israel;
(16) among the technological breakthroughs made by Israeli
scientists and researchers in the field of alternative,
renewable energy sources are--
(A) the development of a cathode that uses
hexavalent iron salts that accept 3 electrons per ion
and enable rechargeable batteries to provide 3 times as
much electricity as existing rechargeable batteries;
(B) the development of a technique that vastly
increases the efficiency of using solar energy to
generate hydrogen for use in energy cells; and
(C) the development of a novel membrane used in new
and powerful direct-oxidant fuel cells that is capable
of competing favorably with hydrogen fuel cells and
traditional internal combustion engines; and
(17) cooperation between the United States and Israel in
the field of research and development of alternative renewable
energy sources would be in the interests of both countries, and
both countries stand to gain much from such cooperation.
SEC. 3. GRANT PROGRAM.
(a) Authority.--Pursuant to the responsibilities described in
section 102(10), (14), and (17) of the Department of Energy
Organization Act (42 U.S.C. 7112(10), (14), and (17)) and section
103(9) of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(9)),
the Secretary, in consultation with the BIRD or BSF, shall award grants
to eligible entities.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application to
the Secretary containing such information and assurances as the
Secretary, in consultation with the BIRD or BSF, may require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may review
any application submitted by any eligible entity and select any
eligible entity meeting criteria established by the Secretary,
in consultation with the Advisory Board, for a grant under this
section.
(c) Amount of Grant.--The amount of each grant awarded for a fiscal
year under this section shall be determined by the Secretary, in
consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish procedures
and criteria for recoupment in connection with any eligible
project carried out by an eligible entity that receives a grant
under this section, which has led to the development of a
product or process which is marketed or used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such
recoupment shall be required as a condition for award
and be proportional to the Federal share of the costs
of such project, and shall be derived from the proceeds
of royalties or licensing fees received in connection
with such product or process.
(B) In the case where a product or process is used
by the recipient of a grant under this section for the
production and sale of its own products or processes,
the recoupment shall consist of a payment equivalent to
the payment which would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or
process utilized.
(e) Private Funds.--The Secretary may accept contributions of funds
from private sources to carry out this Act.
(f) Office of Energy Efficiency and Renewable Energy.--The
Secretary shall carry out this section through the existing programs at
the Office of Energy Efficiency and Renewable Energy.
(g) Report.--Not later than 180 days after receiving a grant under
this section, each recipient shall submit a report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 4. INTERNATIONAL ENERGY ADVISORY BOARD.
(a) Establishment.--There is established in the Department of
Energy an International Energy Advisory Board.
(b) Duties.--The Advisory Board shall advise the Secretary on--
(1) criteria for the recipients of grants awarded under
section 3(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Secretary of
Commerce;
(B) 1 member appointed by the Secretary of Energy;
and
(C) 2 members who shall be Israeli citizens,
appointed by the Secretary of Energy after consultation
with appropriate officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days after
the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board
shall serve without pay.
(B) Travel expenses.--Each member of the Advisory
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions of subchapter I of chapter 57 of title 5,
United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Secretary of Energy at the time of
the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 5. DEFINITIONS.
In this Act:
(1) Advisory board.--The term ``Advisory Board'' means the
International Energy Advisory Board established by section
4(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of both
Israeli academic persons (who reside and work in Israel) and
United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation
with the BIRD or BSF, using the criteria established by
the Secretary, in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and Israel on research, development, or commercialization of
alternative energy, improved energy efficiency, or renewable
energy sources.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
SEC. 6. TERMINATION.
The grant program authorized under section 3 and the Advisory Board
shall terminate upon the expiration of the 7-year period which begins
on the date of the enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than $20,000,000 to
carry out this Act for each of fiscal years 2006 through 2012 from
funds previously authorized to the Office of Energy Efficiency and
Renewable Energy.
SEC. 8. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this Act rests is the power
of Congress to regulate commerce with foreign nations as enumerated in
Article I, Section 8 of the United States Constitution.
Passed the House of Representatives July 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | United States-Israel Energy Cooperation Act - Directs the Secretary of Energy, in consultation with the United States-Israel Binational Industrial Research and Development Foundation (BIRD), or the United States-Israel Binational Science Foundation (BSF), to establish a grant program for joint ventures, composed of both Israeli and U.S. private business entities or of U.S. and Israeli academic persons, to implement projects to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources.
Directs the Secretary to implement this Act through existing programs at the Office of Energy Efficiency and Renewable Energy.
Establishes in the Department of Energy an International Energy Advisory Board to advise the Secretary on the grant program and grant recipients.
Authorizes the Secretary to expend not more than $20 million to implement this Act for each of FY2006-2012 from funds previously authorized to the Office. | {"src": "billsum_train", "title": "To authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, to establish the International Energy Advisory Board, and for other purposes."} | 2,645 | 197 | 0.467639 | 1.335527 | 0.889175 | 4.483146 | 13.853933 | 0.932584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Wolves Act''.
SEC. 2. FINDINGS AND PURPOSE.
The Congress finds the following:
(1) Throughout history, wolves have been misunderstood and
feared. Wolves have been subjected to widespread persecution
and targeted by large scale predator eradication programs
sponsored by private, State, and Federal entities. The
Endangered Species Act of 1973 finally protected wolves as
endangered species, but by that time wolves had been almost
completely exterminated from the lower 48 States, except for a
few hundred wolves that inhabited extreme northeastern
Minnesota.
(2) The subspecies commonly known as the Eastern Timber
Wolf (Canis lupus lycaon) once had an extensive range covering
most of the Eastern United States, including the Catskill
Mountains of New York.
(3) Reintroduction of the Eastern Timber Wolf into the
State of New York would serve the public interest, by--
(A) helping to ensure the survival of that
subspecies;
(B) enhancing the biological diversity of the
ecosystems of the State of New York and bringing them
into a more natural balance;
(C) beginning to redress some of the mistakes of
the past, such as the Government-sponsored
extermination of the Eastern Timber Wolf; and
(D) enhancing our understanding of wolves and of
the environment.
(4) The public debate surrounding wolf reintroduction in
the Northeastern United States would foster a deeper
understanding within the general public about the complex
interactions among species in their natural environments.
SEC. 3. EASTERN TIMBER WOLF REINTRODUCTION.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior shall prepare and
publish a recovery plan for the Eastern Timber Wolf in the Northeastern
United States under section 4(f) of the Endangered Species Act of 1973
(16 U.S.C. 1533(f)), including a plan for releasing Eastern Timber
Wolves in the Catskill Mountain area of New York under section 10(j) of
that Act (16 U.S.C. 1539(j)).
(b) Plan Contents.--The Plan shall include the following:
(1) Goals for the biological recovery of the Eastern Timber
Wolf, including wolf population goals that must be achieved as
a condition for removing that subspecies from lists under
section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)).
(2) A process and method for obtaining Eastern Timber
Wolves from Canada for release under the plan.
(3) An outline of how releases under the Plan will proceed,
including proposals for cooperative agreements that may be
pursued with State and local government agencies to facilitate
those releases.
(4) A determination of the number of Eastern Timber Wolves
that should be released under the Plan to ensure a self-
sustaining population of that species in the Catskill Mountain
area of New York.
(5) A process for compensating New York residents for
depredation of livestock by Eastern Timber Wolves, including--
(A) an estimate of the number and value of
livestock in New York expected to be lost to
depredation by that species;
(B) criteria for determining in individual cases
whether livestock depredation by that species has
actually occurred;
(C) procedures for providing compensation;
(D) establishment of a separate account for the
receipt and disbursement of donations of money for use
to pay compensation, that shall be known as the
``Protecting Eastern Timber Wolf Restoration Mitigation
Fund''; and
(E) an estimate of the amount of money that would
be needed in that account to ensure in perpetuity the
availability of amounts for paying such compensation.
(6) A study of--
(A) the feasibility of releasing Eastern Timber
Wolves in other parts of New York; and
(B) the feasibility of reducing road densities in
certain areas of New York to provide for wolf dispersal
corridors.
(c) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
of funds for compensating New York residents for depredation of
livestock by Eastern Timber Wolves under the Plan.
(2) Deposit into pet wolf fund.--Amounts received as
donations under this subsection--
(A) shall be deposited into the PET Wolf Fund; and
(B) shall be available, subject to appropriations,
for paying compensation in accordance with the Plan.
SEC. 4. EASTERN TIMBER WOLF RELEASES.
(a) In General.--The Secretary shall, in accordance with the Plan,
begin releasing Eastern Timber Wolves on land in the Catskill Mountain
area of New York acquired under section 5 by the latest of--
(1) the date that is 3 years after the date of the
enactment of this Act;
(2) the date on which the Secretary has obtained Eastern
Timber Wolves for release; or
(3) the date on which the Secretary has obtained land under
section 5 for that release.
(b) Acquisition of Animals for Release.--The Secretary shall seek
to acquire Eastern Timber Wolves for release under the Plan by not
later than the date referred to in subsection (a)(1).
(c) Status of Released Wolves.--Section 10(j)(2)(C) of the
Endangered Species Act of 1973 (16 U.S.C. 1539(j)(2)(C)) shall not
apply to any population of Eastern Timber Wolves released under this
section.
SEC. 5. LAND ACQUISITION.
(a) In General.--Subject to the availability of appropriations, the
Secretary, through the Bureau of Land Management, may acquire land and
interests in land within the Catskill Mountain area of New York for use
as sites for releases of Eastern Timber Wolves under this Act.
(b) Management.--Lands and interests acquired under this section
shall be under the administrative jurisdiction of the Bureau of Land
Management.
SEC. 6. DESIGNATION OF CRITICAL HABITAT.
Not later than 6 months after the date of the first release of
Eastern Timber Wolves under this Act, the Secretary shall designate
areas in New York that as critical habitat of the Eastern Timber Wolf
for purposes of the Endangered Species Act of 1973.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``Eastern Timber Wolf'' means members of the
subspecies Canis lupus lycaon, as described by Ronald M. Nowak
in the article ``Another Look at Wolf Taxonomy'' in the journal
Ecology and Conservation in a Changing World (Canadian and
Circumpolar Institute, Occasional Publications; no. 35, pages
375-398).
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Plan'' means the recovery plan for the
Eastern Timber Wolf prepared by the Secretary under section 3.
(4) The term ``PET Wolf Fund'' means the separate account
known as the Protecting Eastern Timber Wolf Restoration
Mitigation Fund, established by the Secretary under the Plan. | Requires that such Plan include: (1) goals for biological recovery of such wolf; (2) a process and method for obtaining such wolves from Canada; (3) an outline of how releases will proceed; (4) a determination of the number of such wolves that should be released to ensure a self-sustaining population; (5) a process for compensating New York residents for depredation of livestock by such wolves, including establishment of the Protecting Eastern Timber Wolf Restoration Mitigation Fund; and (6) a study of the feasibility of releasing such wolves in other parts of New York and of reducing road densities in certain areas of New York to provide for wolf dispersal corridors.
Prohibits applying the exception under the Endangered Species Act of 1973 with respect to experimental populations to any population of such wolves released under this Act.
Authorizes the Secretary to acquire land for sites for releases of such wolves. Requires the Secretary to begin releasing such wolves on such land by the latest of: (1) the date that is three years after this Act's enactment date; (2) the date on which the Secretary has obtained such wolves; or (3) the date on which the Secretary has obtained such land for that release.
Directs the Secretary to designate areas in New York as critical habitat of such wolf for purposes of such Act. | {"src": "billsum_train", "title": "Protecting America's Wolves Act"} | 1,599 | 297 | 0.594834 | 1.843279 | 0.711445 | 4.701149 | 5.390805 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Infrastructure Expansion Act
of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the national interest to make greater use of
ethanol in transportation fuels;
(2) ethanol is a clean, renewable fuel that provides public
health benefits in the form of reduced emissions, including
reduced greenhouse gas emissions that cause climate change;
(3) ethanol use provides economic gains to agricultural
producers, biofuels producers, and rural areas;
(4) ethanol use benefits the national security of the
United States by displacing the use of petroleum, much of which
is imported from foreign countries that are hostile to the
United States;
(5) ethanol can reduce prices at the pump for motoring
consumers by extending fuel supplies due to the competitive
cost of ethanol relative to conventional gasoline;
(6) ethanol faces shipping challenges in pipelines that
transport other liquid transportation fuels;
(7) additional research and development can provide
solutions to overcome the barriers of shipping ethanol in
pipelines that transport other liquid transportation fuels;
(8) currently ethanol is shipped by rail tanker cars,
barges, and trucks, all of which could, as ethanol production
expands, encounter capacity limits due to competing use demands
for the rail tanker cars, barges, and trucks;
(9) as the United States ethanol market expands in the
coming years there is a need to evaluate the feasibility and
value for new construction of dedicated ethanol pipelines to
transport ethanol from the Midwest, where ethanol generally is
produced, to the Eastern and Western United States;
(10) as of the date of enactment of this Act, dedicated
ethanol pipelines do not exist in the United States and will be
challenging to construct, at least initially;
(11) ascertaining solutions to the technical barriers of
transporting ethanol in the existing pipeline system is
important because of the safety, reliability, and cost savings
pipeline transportation provides to the public; and
(12) having an ethanol pipeline study completed in the very
near term is important because the construction of 1 or more
dedicated ethanol pipelines would take at least several years
to complete.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
SEC. 4. FEASIBILITY STUDIES.
(a) In General.--The Secretary, in coordination with the Secretary
of Transportation, shall spend up to $1,000,000 to fund feasibility
studies for the construction of dedicated ethanol pipelines.
(b) Conduct of Studies.--
(1) In general.--The Secretary shall--
(A) through a competitive solicitation process,
select 1 or more firms having capabilities in the
planning, development, and construction of dedicated
ethanol pipelines to carry out the feasibility studies
described in subsection (a); or
(B) carry out the feasibility studies in
conjunction with such firms.
(2) Timing.--
(A) In general.--If the Secretary elects to select
1 or more firms under paragraph (1)(A), the Secretary
shall award funding under this section not later than
120 days after the date of enactment of this Act.
(B) Studies.--As a condition of receiving funds
under this section, a recipient of funding shall agree
to submit to the Secretary a completed feasibility
study not later than 360 days after the date of
enactment of this Act.
(c) Study Factors.--Feasibility studies funded under this Act shall
include consideration of--
(1) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(2) potential evolutionary pathways for the development of
an ethanol pipeline transport system, such as starting with
localized gathering networks as compared to major interstate
ethanol pipelines to carry larger volumes from the Midwest to
the East or West coast;
(3) market risk, including throughput risk, and ways of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in these areas and help ensure the construction
of dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the first dedicated ethanol
pipelines will require to invest in the pipelines;
(6) the quantity of ethanol production that would make
dedicated pipelines economically feasible;
(7) technical factors that may compromise the safe
transportation of ethanol in pipelines;
(8) identifying remedial and preventative measures to
ensure pipeline integrity; and
(9) such other factors as the Secretary considers to be
appropriate.
(d) Confidentiality.--If a recipient of funding under this section
requests confidential treatment for critical energy infrastructure
information or commercially-sensitive data contained in a feasibility
study submitted by the recipient under subsection (b)(2)(B), the
Secretary shall offer to enter into a confidentiality agreement with
the recipient to maintain the confidentiality of the submitted
information.
(e) Review; Report.--The Secretary shall--
(1) review the feasibility studies submitted under
subsection (b)(2)(B) or carried out under subsection (b)(1)(B);
and
(2) not later than 15 months after the date of enactment of
this Act, submit to Congress a report that includes--
(A) information about the potential benefits of
constructing dedicated ethanol pipelines; and
(B) recommendations for legislation that could help
provide for the construction of dedicated ethanol
pipelines.
SEC. 5. EXISTING PIPELINE TECHNICAL AND SAFETY RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary, in coordination with the Secretary
of Transportation, shall expend up to $1,000,000 to carry out a program
of research, development, and demonstration to address technical
factors that prevent the transportation of ethanol and biodiesel in
existing hazardous liquid interstate transmission pipelines.
(b) Conduct of Studies.--
(1) In general.--The Secretary shall--
(A) through a competitive solicitation process,
select 1 or more firms having capabilities in the
planning, development, construction, and modification
of existing hazardous liquids interstate pipelines to
carry out the program described in subsection (a); or
(B) carry out the program in conjunction with such
firms.
(2) Timing.--
(A) In general.--If the Secretary elects to select
1 or more firms under paragraph (1)(A), the Secretary
shall award funding under this section not later than
120 days after the date of enactment of this Act.
(B) Studies.--As a condition of receiving funds
under this section, a recipient of funding shall agree
to submit to the Secretary a completed report on the
recipient's findings not later than 360 days after the
date of enactment of this Act.
(c) Program Elements.--The program shall include research,
development, and demonstration activities related to--
(1) identifying and preventing conditions that lead to
stress corrosion cracking or that might otherwise compromise
the integrity of the pipeline system;
(2) product quality assurance during pipeline
transportation; and
(3) other technical factors for the transportation of
ethanol and biodiesel that might compromise the integrity of
the pipeline system.
(d) Confidentiality.--If a recipient of funding under this section
requests confidential treatment for critical energy infrastructure
information or commercially-sensitive data contained in a report
submitted by the recipient under subsection (b)(2)(B), the Secretary
shall offer to enter into a confidentiality agreement with the
recipient to maintain the confidentiality of the submitted information.
(e) Review; Report.--The Secretary shall--
(1) review the report submitted under subsection (b)(2)(B)
or carried out under subsection (b)(1)(B); and
(2) not later than 15 months after the date of enactment of
this Act, submit to Congress a report that includes--
(A) information about the potential benefits of
modifying existing hazardous liquid interstate
transmission pipelines to allow the transportation of
ethanol and biodiesel; and
(B) recommendations for legislation that could help
provide for the modification of existing hazardous
liquid interstate transmission pipelines to allow the
transportation of ethanol and biodiesel.
SEC. 6. FUNDING.
(a) There are authorized to be appropriated to the Secretary to
carry out section 4 of this Act $1,000,000 for fiscal year 2008, to
remain available until expended.
(b) There are authorized to be appropriated to the Secretary to
carry out section 5 of this Act $1,000,000 for fiscal year 2008, to
remain available until expended. | Ethanol Infrastructure Expansion Act of 2007 - Directs the Secretary of Energy, in coordination with the Secretary of Transportation, to: (1) award up to $1 million to one or more eligible firms to conduct feasibility studies for the construction of one or more dedicated ethanol pipelines; and (2) award up to $1 million to one or more eligible firms to carry out a program to address technical factors that prevent the transportation of ethanol and biodiesel in existing hazardous liquid interstate transmission pipelines. | {"src": "billsum_train", "title": "To require the Secretary of Energy to award funds to study the feasibility of constructing dedicated ethanol pipelines, to address technical factors that prevent transportation of ethanol in existing pipelines, and to increase the energy, economic, and environmental security of the United States, and for other purposes."} | 1,837 | 105 | 0.558048 | 1.347872 | 0.671403 | 3.925532 | 18.351064 | 0.904255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start on Vaccinations Act''.
SEC. 2. VACCINATION REQUIREMENT.
(a) Head Start Programs.--The first subsection of section 645 of
the Head Start Act (42 U.S.C. 9840) is amended by adding at the end the
following:
``(6)(A) In this paragraph:
``(i) The term `complete vaccination information' means
such information as the Secretary may require under
subparagraph (G), establishing that a child is vaccinated in
accordance with the pediatric vaccine list.
``(ii) The term `Federally qualified health center' has the
meaning given the term in section 1861(aa)(4) of the Social
Security Act (42 U.S.C. 1395x(aa)(4)).
``(iii) The term `pediatric vaccine list' means the list,
including the schedule, established (and periodically reviewed
and as appropriate revised) by the Advisory Committee on
Immunization Practices (an advisory committee established by
the Secretary, acting through the Director of the Centers for
Disease Control and Prevention).
``(iv) The term `program-registered provider' has the
meaning given the term in section 1928(c) of the Social
Security Act (42 U.S.C. 1396s(c)).
``(B) In order for a child who is enrolled in a Head Start program
(other than an Early Head Start program) assisted under this subchapter
on the effective date of the Head Start on Vaccinations Act to remain
eligible for participation in the program, a parent or guardian of the
child shall submit complete vaccination information to the program,
within 3 months after the effective date of the Head Start on
Vaccinations Act.
``(C)(i) In order for a child to be enrolled in a program covered
by subparagraph (B), a parent or guardian of the child--
``(I) shall submit complete vaccination information to the
program, in a timely manner, as required under regulations
issued under subparagraph (G); or
``(II) shall submit a signed agreement that the parent or
guardian will provide that information as described in
subclause (I), and consents to the administration described in
subparagraph (D)(i) or the referral described in subparagraph
(D)(ii).
``(ii) Except for the initial submission of information for a child
described in subparagraph (B), in order for a child who is enrolled in
a program covered by subparagraph (B) to remain eligible for
participation in the program, a parent or guardian of the child shall
submit complete vaccination information to the program, in a timely
manner, as required under such regulations. The director of the Head
Start agency involved shall annually require the parents or guardians
of the children in the program to make such a submission to maintain
that enrollment.
``(D) To assist a parent or guardian in complying with subparagraph
(B) or (C), the director of a Head Start agency may use funds made
available under this subchapter to--
``(i) at the request of the parent or guardian, have an
employee of the agency, who is eligible to administer vaccines
in the State in which the agency is located, administer any
missing vaccines on the pediatric vaccine list to the child; or
``(ii) assist the parent or guardian in gaining access to
the vaccines, such as by referring the parent or guardian to a
Federally qualified health center, a State or county public
health clinic, a program-registered provider, or a provider or
contractor under title V of the Social Security Act (42 U.S.C.
701 et seq.), that has a health care provider who is eligible
to administer vaccines as described in clause (i).
``(E)(i) Subject to clause (ii), the director of a Head Start
agency shall, in a timely manner, remove from the corresponding Head
Start program any child who is not in compliance with subparagraph (B)
or (C).
``(ii) The director may exempt a child from subparagraph (B) or (C)
only if a parent or guardian of the child submits information from a
health care provider, who (under the State's law concerning
vaccinations) is qualified to determine whether the child has an
underlying medical condition, that the child has an underlying medical
condition and that administration of vaccines is, therefore, medically
contraindicated for the child.
``(F)(i) Except as provided in clause (ii), in the case of a child
in a Head Start program, this paragraph shall apply notwithstanding any
portion of a State law requiring vaccines that is inconsistent with the
pediatric vaccine list.
``(ii) Nothing in this paragraph shall be construed to prevent a
State from requiring vaccines in addition to the vaccines on the
pediatric vaccine list.
``(G)(i) Not later than the effective date of the Head Start on
Vaccinations Act, the Secretary shall issue regulations concerning
implementation of this paragraph. The regulations shall include
provisions specifying timeliness for submission of information under
subparagraph (C), the information required to be submitted as complete
vaccination information, and timeliness for removal of a child from a
Head Start program under subparagraph (E).
``(ii) Before issuing the regulations, the Secretary shall--
``(I) consult with Indian tribes about the application of
this paragraph to children from Indian tribes;
``(II) consult with the national migrant and seasonal Head
Start collaboration director about the application of this
paragraph to children from migrant and seasonal farmworker
families; and
``(III) consider the application of this paragraph to
homeless children and foster children.
``(iii) This paragraph takes effect on the date of enactment of the
Head Start on Vaccinations Act.''.
(b) Early Head Start Programs.--Section 645A of the Head Start Act
(42 U.S.C. 9840a) is amended--
(1) in subsection (c), by striking ``Persons'' and
inserting ``Except as provided in subsection (j), persons'';
and
(2) by adding at the end the following:
``(j) Vaccinations.--The provisions of section 645(a)(6) shall
apply to Early Head Start agencies, Early Head Start programs, and
children under age 3, in the same manner and the same extent as those
provisions apply to Head Start agencies, Head Start programs, and
children.''.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided in the Head Start Act, this Act,
including the amendments made by this Act, takes effect 3 months after
the date of enactment of this Act. | Head Start on Vaccinations Act Amends the Head Start Act to prohibit the enrollment of a child in a Head Start or Early Head Start program unless the child's parent or guardian: (1) provides the program with information establishing that the child is vaccinated in accordance with the pediatric vaccine list; or (2) submits a signed agreement to provide such information and consents to the provision, by a program employee or other health care provider, of any vaccines on the pediatric vaccine list that the child has not yet received. Requires that information to be provided on an annual basis in order for a child to maintain enrollment in such program. Requires any child who is not in compliance with such requirements to be removed from such program, but provides for the exemption of children for whom the administration of such vaccines is medically contraindicated. Authorizes the director of a Head Start or Early Head Start agency to use program funds to: (1) administer the required vaccines to children, at the request of the parent or guardian; or (2) assist the parent or guardian in gaining access to the required vaccines. | {"src": "billsum_train", "title": "Head Start on Vaccinations Act"} | 1,561 | 247 | 0.607908 | 1.622125 | 1.01844 | 3.198113 | 6.518868 | 0.915094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Homeownership Assistance
Act''.
SEC. 2. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
(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 22 the
following new section:
``SEC. 23. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
``(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 20 percent of the qualified
rehabilitation expenditures made by the taxpayer with respect to a
qualified historic home.
``(b) Dollar Limitation.--
``(1) In general.--The credit allowed by subsection (a)
with respect to any residence of a taxpayer shall not exceed
$50,000 ($25,000 in the case of a married individual filing a
separate return).
``(2) Carryforward of credit unused by reason of limitation
based on tax liability.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the
sum of the credits allowable under this subpart (other than
this section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(c) Qualified Rehabilitation Expenditure.--For purposes of this
section:
``(1) In general.--The term `qualified rehabilitation
expenditure' means any amount properly chargeable to capital
account--
``(A) in connection with the certified
rehabilitation of a qualified historic home, and
``(B) for property for which depreciation would be
allowable under section 168 if the qualified historic
home were used in a trade or business.
``(2) Certain expenditures not included.--
``(A) Exterior.--Such term shall not include any
expenditure in connection with the rehabilitation of a
building unless at least 5 percent of the total
expenditures made in the rehabilitation process are
allocable to the rehabilitation of the exterior of such
building.
``(B) Other rules to apply.--Rules similar to the
rules of clauses (ii) and (iii) of section 47(c)(2)(B)
shall apply.
``(3) Mixed use or multifamily building.--If only a portion
of a building is used as the principal residence of the
taxpayer, only qualified rehabilitation expenditures which are
properly allocable to such portion shall be taken into account
under this section.
``(d) Certified Rehabilitation.--For purposes of this section:
``(1) In general.--Except as otherwise provided in this
subsection, the term `certified rehabilitation' has the meaning
given such term by section 47(c)(2)(C).
``(2) Factors to be considered in the case of targeted area
residences, etc.--
``(A) In general.--For purposes of applying section
47(c)(2)(C) under this section with respect to the
rehabilitation of a building to which this paragraph
applies, consideration shall be given to--
``(i) the feasibility of preserving
existing architectural and design elements of
the interior of such building,
``(ii) the risk of further deterioration or
demolition of such building in the event that
certification is denied because of the failure
to preserve such interior elements, and
``(iii) the effects of such deterioration
or demolition on neighboring historic
properties.
``(B) Buildings to which this paragraph applies.--
This paragraph shall apply with respect to any
building--
``(i) any part of which is a targeted area
residence within the meaning of section
143(j)(1), or
``(ii) which is located within an
enterprise or empowerment zone,
but shall not apply with respect to any building which
is listed in the National Register or a State or local
register of historic places.
``(3) Cooperative agreements.--The term `certified
rehabilitation' includes a certification made in accordance
with a cooperative agreement between the Secretary of the
Interior and a State Historic Preservation Officer which
authorizes such officer (or a local government certified
pursuant to section 101(c)(1) of the National Historic
Preservation Act), subject to such terms or conditions as may
be specified in such agreement, to certify the rehabilitation
of buildings within the jurisdiction of such officer (or local
government) for purposes of this section.
``(e) Definitions and Special Rules.--For purposes of this section:
``(1) Qualified historic home.--The term `qualified
historic home' means a certified historic structure--
``(A) which has been substantially rehabilitated,
and
``(B) which (or any portion of which)--
``(i) is owned by the taxpayer, and
``(ii) is used (or will, within a
reasonable period, be used) by such taxpayer as
his principal residence.
``(2) Substantially rehabilitated.--The term `substantially
rehabilitated' has the meaning given such term by section
47(c)(1)(C); except that, in the case of any building described
in subsection (d)(2), clause (i)(I) thereof shall not apply.
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(4) Certified historic structure.--The term `certified
historic structure' has the meaning given such term by section
47(c)(3).
``(5) Enterprise or empowerment zone.--The term `enterprise
or empowerment zone' means any area designated under section
1391 as an enterprise community or an empowerment zone.
``(6) Rehabilitation not complete before certification.--A
rehabilitation shall not be treated as complete before the date
of the certification referred to in subsection (d).
``(7) Lessees.--A taxpayer who leases his principal
residence shall, for purposes of this section, be treated as
the owner thereof if the remaining term of the lease (as of the
date determined under regulations prescribed by the Secretary)
is not less than such minimum period as the regulations
require.
``(f) When Expenditures Taken Into Account.--In the case of a
building other than a building to which subsection (g) applies,
qualified rehabilitation expenditures shall be treated for purposes of
this section as made--
``(1) on the date the rehabilitation is completed, or
``(2) to the extent provided by the Secretary by
regulation, when such expenditures are properly chargeable to
capital account.
Regulations under paragraph (2) shall include a rule similar to the
rule under section 50(a)(2) (relating to recapture if property ceases
to qualify for progress expenditures).
``(g) Allowance of Credit for Purchase of Rehabilitated Historic
Home.--
``(1) In general.--In the case of a qualified purchased
historic home, the taxpayer shall be treated as having made (on
the date of purchase) the qualified rehabilitation expenditures
made by the seller of such home.
``(2) Qualified purchased historic home.--For purposes of
this subsection, the term `qualified purchased historic home'
means any substantially rehabilitated certified historic
structure purchased by the taxpayer if--
``(A) the taxpayer is the first purchaser of such
structure after the date rehabilitation is completed,
and the purchase occurs within 5 years after such date,
``(B) the structure (or a portion thereof) will,
within a reasonable period, be the principal residence
of the taxpayer,
``(C) no credit was allowed to the seller under
this section or section 47 with respect to such
rehabilitation, and
``(D) the taxpayer is furnished with such
information as the Secretary determines is necessary to
determine the credit under this subsection.
``(h) Historic Rehabilitation Mortgage Credit Certificate.--
``(1) In general.--The taxpayer may elect, in lieu of the
credit otherwise allowable under this section, to receive a
historic rehabilitation mortgage credit certificate. An
election under this paragraph shall be made--
``(A) in the case of a building to which subsection
(g) applies, at the time of purchase, or
``(B) in any other case, at the time rehabilitation
is completed.
``(2) Historic rehabilitation mortgage credit
certificate.--For purposes of this subsection, the term
`historic rehabilitation mortgage credit certificate' means a
certificate--
``(A) issued to the taxpayer, in accordance with
procedures prescribed by the Secretary, with respect to
a certified rehabilitation,
``(B) the face amount of which shall be equal to
the credit which would (but for this subsection) be
allowable under subsection (a) to the taxpayer with
respect to such rehabilitation,
``(C) which may only be transferred by the taxpayer
to a lending institution in connection with a loan--
``(i) that is secured by the building with
respect to which the credit relates, and
``(ii) the proceeds of which may not be
used for any purpose other than the acquisition
or rehabilitation of such building, and
``(D) in exchange for which such lending
institution provides the taxpayer a reduction
(determined as provided in such regulations) in the
rate of interest on the loan.
``(3) Use of certificate by lender.--The amount of the
credit specified in the certificate shall be allowed to the
lender only to offset the regular tax (as defined in section
55(c)) of such lender. The lender may carry forward all unused
amounts under this subsection until exhausted.
``(i) Recapture.--
``(1) In general.--If, before the end of the 5-year period
beginning on the date on which the rehabilitation of the
building is completed (or, if subsection (g) applies, the date
of purchase of such building by the taxpayer)--
``(A) the taxpayer disposes of such taxpayer's
interest in such building, or
``(B) such building ceases to be used as the
principal residence of the taxpayer,
the taxpayer's tax imposed by this chapter for the taxable year
in which such disposition or cessation occurs shall be
increased by the recapture percentage of the credit allowed
under this section for all prior taxable years with respect to
such rehabilitation.
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage shall be determined in accordance with
the table under section 50(a)(1)(B), deeming such table to be
amended--
``(A) by striking `If the property ceases to be
investment credit property within--' and inserting `If
the disposition or cessation occurs within--', and
``(B) in clause (i) by striking `One full year
after placed in service' and inserting `One full year
after the taxpayer becomes entitled to the credit'.
``(j) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property (including any purchase under subsection (g) and any
transfer under subsection (h)), the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(k) Processing Fees.--Proceeds of fees levied for the processing
of applications for the certification of any rehabilitation under this
section--
``(1) shall be deposited in a trust fund, and
``(2) subject to appropriations Acts, may be used only to
defray expenses associated with the processing of such
applications.
``(l) Denial of Double Benefit.--No credit shall be allowed under
this section for any amount for which credit is allowed under section
47.
``(m) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations where less than all of a building is used as a
principal residence and where more than 1 taxpayer use the same
dwelling unit as their principal residence.''
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (24), by
striking the period at the end of paragraph (25) and inserting ``,
and'', and by adding at the end the following new item:
``(26) to the extent provided in section 23(j).''
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following new item:
``Sec. 23. Historic homeownership rehabilitation credit.''
(d) Effective Date.--The amendments made by this section shall
apply with respect to rehabilitations the physical work on which begins
after the date of enactment of this Act. | Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home. Imposes dollar limitations on such credit. | {"src": "billsum_train", "title": "Historic Homeownership Assistance Act"} | 2,902 | 54 | 0.570476 | 1.31588 | 1.06425 | 2.744186 | 62.186047 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fusion Innovation Act of 2015''.
SEC. 2. FUSION INNOVATION INITIATIVE.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Science of the
Department of Energy shall establish a Fusion Innovation Initiative.
Under the Initiative, the Director shall issue a competitive, merit-
reviewed funding opportunity announcement to solicit proposals for
engineering designs for innovative fusion energy systems, including
upgrades to existing facilities, which have the potential to
demonstrate net energy production not later than 7 years after the
start of construction.
(b) Application Requirements.--In order to be eligible to receive
an award under this section, an applicant shall submit an application
to the Director that includes--
(1) a detailed cost estimate and schedule for construction
of the design, including a summary of any design modifications
that would accelerate the achievement of net energy production;
and
(2) an assessment of the scalability of the design.
(c) Award and Design Submission.--
(1) Award.--The Director shall review each application
submitted under subsection (b) and shall provide awards to
applicants with design concepts that the Director considers to
have potential based on the criteria described in subsection
(a).
(2) Design submission.--As a condition of receiving such
award, the Director shall require any such applicant to submit
the design upon which the application is based to the Director
not later than 18 months after receipt of the award.
(d) Assessment.--The Director shall carry out an assessment of each
design submitted under subsection (c)(2) to determine which designs, if
any, merit support from the Department due to their potential to
demonstrate net energy production not later than 7 years after the
start of construction, and shall--
(1) submit the assessment to Congress not later than 30
months after the date of enactment of this Act; and
(2) assign top priority to, and provide expedited financial
support (to the extent provided in advance in appropriations
Acts) for, relevant construction activities for any design that
the Director determines merits such support, based on the
project management practices of the Office of Science.
SEC. 3. RESOURCE AND INFORMATION SHARING.
(a) In General.--To the extent practicable, the Secretary of Energy
shall establish open, transparent processes to share unclassified
resources and information that will accelerate the advancement of
fusion energy technologies among researchers from the National
Laboratories, institutions of higher education, and the private sector.
Such resources and information shall include--
(1) advanced computing platforms and simulation codes;
(2) diagnostic equipment information; and
(3) pulsed power system information.
(b) Computing.--
(1) In general.--The Secretary shall establish processes to
make unclassified, proprietary simulation codes relevant to the
development of a fusion energy system, that are controlled by a
National Laboratory, available to researchers from other
National Laboratories, institutions of higher education, and
the private sector.
(2) Shared platforms.--The Secretary shall support shared
platforms for the codevelopment of simulation codes for fusion
energy systems among researchers from the National
Laboratories, institutions of higher education, and the private
sector.
(c) Personnel Exchanges.--The Secretary shall establish a process
for fusion researchers from the National Laboratories to serve limited-
term residencies at private sector companies working to advance fusion
technologies. Such residencies shall be entirely supported by the host
companies.
SEC. 4. FUSION DEMONSTRATION SITES.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy, in consultation with
the National Laboratories, relevant Federal agencies, and stakeholders,
shall transmit to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report assessing the Department of Energy's
capabilities to authorize, host, and oversee privately funded fusion
prototypes with up to 20 megawatts thermal output and related
demonstration facilities at sites owned by the Department.
(b) Report Elements.--The report described in subsection (a) shall
address the following:
(1) The Department's safety review and oversight
capabilities.
(2) Potential sites capable of hosting research,
development, and demonstration of prototype reactors and
related facilities, for the purpose of reducing technical risk.
(3) The Department's and the National Laboratories'
existing physical and technical capabilities relevant to
research, development, and oversight.
(4) The efficacy of the Department's available contractual
mechanisms, including cooperative research and development
agreements, work-for-others agreements, and agreements for
commercializing technology.
(5) Potential cost structures related to physical security,
decommissioning, liability, and other long-term project costs.
(6) Other challenges or considerations identified by the
Secretary, including issues related to potential cases of
demonstration reactors with up to 2 gigawatts of thermal
output.
SEC. 5. NATIONAL LABORATORIES.
In this Act, the term ``National Laboratories'' has the meaning
given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801). | Fusion Innovation Act of 2015 Directs the Office of Science of the Department of Energy (DOE) to establish a Fusion Innovation Initiative, under which the Office shall issue a competitive, merit-reviewed funding opportunity announcement to solicit proposals for engineering designs for innovative fusion energy systems, including upgrades to existing facilities, which have the potential to demonstrate net energy production not later than seven years after the start of construction. Requires a recipient to submit the design within 18 months after receiving funding. Directs the Office to assign top priority to, and provide expedited financial support for, relevant construction activities for any design that the Office determines merits support. Directs DOE to establish open, transparent processes to share unclassified resources and information that will accelerate the advancement of fusion energy technologies among researchers from the National Laboratories (specified DOE-owned laboratories), institutions of higher education, and the private sector. Directs the Office to: (1) establish processes to make unclassified, proprietary simulation codes relevant to the development of a fusion energy system, that are controlled by a National Laboratory, available to researchers from other National Laboratories, institutions of higher education, and the private sector; (2) support shared platforms for the co-development of simulation codes for fusion energy systems among such researchers; and (3) establish a process for fusion researchers from the National Laboratories to serve limited-term residencies at private sector companies working to advance fusion technologies. Directs DOE to submit a report assessing its capabilities to authorize, host, and oversee privately funded fusion prototypes with up to 20 megawatts thermal output and related demonstration facilities at DOE-owned sites. | {"src": "billsum_train", "title": "Fusion Innovation Act of 2015"} | 1,127 | 349 | 0.720379 | 2.322133 | 0.872465 | 6.090323 | 3.435484 | 0.941935 |
SECTION 1. ESTABLISHMENT.
There is established the National Commission on Threats to the
Homeland and United States National Security (in this Act referred to
as the ``Commission'').
SEC. 2. COMPOSITION.
(a) In General.--The Commission shall be composed of six members,
as follows:
(1) Two members appointed by the President, not more than
one of whom shall be appointed from the same political party.
(2) One member appointed by the Majority Leader of the
Senate.
(3) One member appointed by the Minority Leader of the
Senate.
(4) One member appointed by the Speaker of the House of
Representatives.
(5) One member appointed by the Minority Leader of the
House of Representatives.
(b) Qualifications.--Members of the Commission shall be appointed
from among distinguished Americans in private life who have served at
the most senior levels of the Federal government, including the
national security, law enforcement, and public safety agencies of the
United States.
(c) Chairman.--The Commission shall elect a Chairman from among its
members.
(d) Quorum.--A majority of the members shall constitute a quorum.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers but shall be filled in the same manner in which the original
appointment was made.
(f) Meetings.--After its initial meeting, the Commission shall meet
upon the call of the Chairman or a majority of its members.
(g) Appointments Deadline.--It is the sense of Congress that
members of the Commission should be appointed not later than 30 days
after the date of enactment of this Act.
SEC. 3. PURPOSE.
(a) In General.--The Commission shall evaluate, in light of the
terrorist attacks against the United States on September 11, 2001, the
threats to the United States and to United States national security, in
order to assist the Federal Government set priorities in the national
budget, and in the organization of the relevant government departments,
to address those threats.
(b) Particular Subjects for Review.--In particular, the Commission
shall--
(1) provide a comprehensive assessment of the range of
threats to the United States and to United States national
security, taking into account analyses by United States
agencies and nongovernmental entities that have recently
reviewed relevant issues, such as the United States Commission
on National Security/21st Century, the National Commission on
Terrorism, the Department of Energy Russia Task Force, and the
Advisory Panel to Assess Domestic Response Capabilities for
Terrorism Involving Weapons of Mass Destruction; and
(2) make recommendations to the President and Congress on
the priority that should be accorded to those threats in the
United States national security strategy, taking into account--
(A) the likelihood such threats will result in
attacks on the United States or important United States
interests;
(B) the potential damage to the United States or
important United States interests that would result
from such attacks; and
(C) current United States capabilities to counter
and respond to such threats.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this Act, hold hearings, sit and act at times and places,
take testimony, receive evidence, and administer oaths to the extent
that the Commission or any panel or member considers advisable.
(b) Information From Federal Agencies.--The Commission may secure
directly or from any Federal department or agency any information that
the Commission considers necessary to enable the Commission to carry
out its responsibilities under this section. Upon request of the
Chairman of the Commission, the head of any such department or agency
shall furnish such information expeditiously to the Commission.
(c) Postal, Printing and Binding Services.--The Commission may use
the United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the Federal Government.
SEC. 5. STAFF OF THE COMMISSION.
(a) In General.--The Chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director and
such additional personnel as may be necessary to enable the Commission
to perform its duties. The staff director of the Commission shall be
appointed from private life, and such appointment shall be subject to
the approval of the Commission as a whole.
(b) Compensation.--The Chairman of the Commission may fix the pay
of the staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title and
the rate of pay for other personnel may not exceed the maximum rate
payable for grade GS-15 of the General Schedule.
(c) Detail of Government Employees.--Upon request of the Chairman
of the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its
administrative and clerical functions.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
(e) Administrative and Support Services.--The Administrator of
General Services shall furnish the Commission, on a non-reimbursable
basis, any administrative and support services requested by the
Commission consistent with this Act.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation of Members.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual rate of
basic pay payable for level V of the Executive Schedule under section
5316 of title 5, United States Code, for each day (including travel
time) during which the member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.<plus-minus>
The appropriate departments, agencies, and other entities of the
United States Government shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances in a manner consistent with existing procedures and
requirements, except that no person shall be provided with access to
classified information under this section who would not otherwise
qualify for such security clearance.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit an interim report to
the President and the Congress describing its activities since the date
of enactment of this Act.
(b) Final Report.--Not later than September 11, 2002, the
Commission shall submit a final report to the President and the
Congress describing its activities since the date of enactment of this
Act, together with a summary of the comprehensive assessment and
recommendations made by the Commission under section 3(b).
SEC. 9. FUNDING.
Notwithstanding the provisions of the Act of September 18, 2001
(Public Law 107-38), amounts appropriated by that Act shall be
available to carry out the provisions of this Act.
SEC. 10. TERMINATION OF THE COMMISSION.
(a) In General.--The Commission shall terminate 60 days after the
date of the submission of the final report required by section 8(b).
(b) Wind Up Activities.--The Commission may use the 60-day period
referred to in subsection (a) for the purpose of concluding its
activities, including providing testimony to congressional committees
concerning its final report and disseminating that report. | Establishes a National Commission on Threats to the Homeland and United States National Security to evaluate, in light of the terrorist attacks against the United States on September 11, 2001, threats to the United States and U.S. national security in order to assist the Federal Government in setting priorities in the national budget and in the organization of the relevant government departments to address those threats. | {"src": "billsum_train", "title": "A bill to establish a National Commission on Threats to the Homeland and United States National Security."} | 1,839 | 77 | 0.631123 | 1.629925 | 1.641876 | 6.5 | 24.2 | 0.957143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Interest Rate Relief Act of
2002''.
SEC. 2. INTEREST RATE RANGE FOR ADDITIONAL FUNDING REQUIREMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Special rule.--Clause (i) of section 412(l)(7)(C) of
the Internal Revenue Code of 1986 (relating to interest rate)
is amended by adding at the end the following new subclause:
``(III) Special rule for 2001
through 2004.--For a plan year
beginning in 2001, 2002, 2003 or 2004,
notwithstanding subclause (I), in the
case that the rate of interest used
under subsection (b)(5) exceeds the
highest rate permitted under subclause
(I), the rate of interest used to
determine current liability under this
subsection may exceed the rate of
interest otherwise permitted under
subclause (I); except that such rate of
interest shall not exceed 120 percent
of the weighted average referred to in
subsection (b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (m) of section 412
of such Code is amended by adding at the end the following new
paragraph:
``(7) Special rule for 2005.--In any case in which the
interest rate used to determine current liability is determined
under subsection (l)(7)(C)(i)(III) for purposes of applying
paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005,
the current liability for the preceding plan year shall be
redetermined using 105 percent as the specified percentage
determined under subsection (l)(7)(C)(i)(II).''
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Special rule.--Clause (i) of section 302(d)(7)(C) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1082(d)(7)(C)) is amended by adding at the end the following
new subclause:
``(III) Special rule for 2001
through 2004.--For a plan year
beginning in 2001, 2002, 2003 or 2004,
notwithstanding subclause (I), in the
case that the rate of interest used
under subsection (b)(5) exceeds the
highest rate permitted under subclause
(I), the rate of interest used to
determine current liability under this
subsection may exceed the rate of
interest otherwise permitted under
subclause (I); except that such rate of
interest shall not exceed 120 percent
of the weighted average referred to in
subsection (b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (e) of section 302
of such Act (29 U.S.C. 1082) is amended by adding at the end
the following new paragraph:
``(7) Special rule for 2005.--In any case in which the
interest rate used to determine current liability is determined
under subsection (d)(7)(C)(i)(III) for purposes of applying
paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005,
the current liability for the preceding plan year shall be
redetermined using 105 percent as the specified percentage
determined under subsection (d)(7)(C)(i)(II).''
(c) PBGC.--Clause (iii) of section 4006(a)(3)(E) of the Employee
Retirement Income Security of Act 1974 (29 U.S.C. 1306(a)(3)(E)) is
amended by adding at the end the following new subclause:
``(IV) In the case of plan years beginning after December 31, 2001,
and before January 1, 2005, subclause (II) shall be applied by
substituting `100 percent' for `85 percent' and by substituting `115
percent' for `100 percent'. Subclause (III) shall be applied for such
years without regard to the preceding sentence. Any reference to this
clause by any other sections or subsections (other than sections 4010,
4011 and 4043) shall be treated as a reference to this clause without
regard to this subclause.''
(d) Amendments to Retirement Protection Act of 1994.--
(1) Transition rule made permanent.--Paragraph (1) of
section 769(c) of the Retirement Protection Act of 1994 is
amended--
(A) by striking ``transition'' each place it
appears in the heading and the text, and
(B) by striking ``for any plan year beginning after
1996 and before 2010''.
(2) Special rules.--Paragraph (2) of section 769(c) of the
Retirement Protection Act of 1994 is amended to read as
follows:
``(2) Special rules.--The rules described in this paragraph
are as follows:
``(A) For purposes of section 412(l)(9)(A) of the
Internal Revenue Code of 1986 and section 302(d)(9)(A)
of the Employee Retirement Income Security Act of 1974,
the funded current liability percentage for any plan
year shall be treated as not less than 90 percent.
``(B) For purposes of section 412(m) of the
Internal Revenue Code of 1986 and section 302(e)(9) of
the Employee Retirement Income Security Act of 1974,
the funded current liability percentage for any plan
year shall be treated as not less than 100 percent.
``(C) For purposes of determining unfunded vested
benefits under section 4006(a)(3)(E)(iii) of the
Employee Retirement Income Security Act of 1974, the
mortality table shall be the mortality table used by
the plan.''.
(3) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after December 31, 2001. | Pension Interest Rate Relief Act of 2002 - Amends the Internal Revenue Code and Employee Retirement Income Security Act of 1974 by increasing, for plan years beginning 2001 through 2004, the permissible interest rate range used to determine additional funding requirements for certain benefit plans which are not multiemployer plans.Sets forth a special rule regarding the interest rate used to determine liability for plan years beginning in 2005.Amends the Retirement Protection Act of 1994 to establish special rules relating to funding liability percentages and the mortality table to be used for purposes of determining unfunded vested benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the permissible range for the interest rate used in determining the additional funding requirements for defined benefit plans which are not multiemployer plans, and for other purposes."} | 1,284 | 122 | 0.590624 | 1.504037 | 0.58984 | 2.990196 | 10.598039 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Savings for Working
Americans Act''.
SEC. 2. MODIFICATION OF SAVER'S CREDIT.
(a) Full Credit Amount Made as Payment Into Retirement Accounts.--
The Internal Revenue Code of 1986 is amended--
(1) by redesignating section 25B as section 30D, and by
moving section 30D (as so redesignated) from subpart A of part
IV of subchapter A of chapter 1 (relating to nonrefundable
personal credits) to immediately after section 30C in subpart B
of such part (relating to other credits), and
(2) by amending subsection (g) of section 30D (as so
redesignated) to read as follows:
``(g) Credit Payable Only Into Retirement Account.--
``(1) In general.--The Secretary of the Treasury shall pay
into the designated retirement account of the taxpayer an
amount equal to the credit determined under subsection (a) for
the taxable year.
``(2) Designated retirement account.--For purposes of this
subsection, the term `designated retirement account' means any
account or plan--
``(A) with respect to which qualified retirement
savings contributions of the taxpayer are taken into
account under subsection (a) for the taxable year,
``(B) which is designated by the taxpayer (in such
form and manner as the Secretary may provide) on the
return of tax for the taxable year, and
``(C) which, under the terms of the account or
plan, accepts the payment described in paragraph (1).
``(3) No double benefit.--The credit determined under
subsection (a) shall not be allowed as a credit against any tax
imposed by this title.''.
(b) Expansion of Phaseout Ranges.--Subsection (b) of section 30D of
such Code, as redesignated by this section, is amended to read as
follows:
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--With respect to any taxpayer for any
taxable year, the applicable percentage shall be reduced (but
not below zero) by the percentage which bears the same ratio to
50 percent as--
``(A) the excess of--
``(i) the taxpayer's adjusted gross income
for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) the phaseout range.
If any reduction under this paragraph is not a multiple of 1
percent, such reduction shall be rounded to the nearest
multiple of 1 percent.
``(3) Applicable dollar amount; phaseout range.--The
applicable dollar amount and the phaseout range shall be
determined in accordance with the following table:
The phaseout
In the case of: The applicable dollar amount is: range is:
A joint return.................................. $60,000 $10,000
A head of a household........................... $45,000 $7,500
Any other case.................................. $30,000 $5,000''.
(c) Tax-Preferred Education Savings Treated as Retirement
Savings.--Subsection (d) of section 30D of such Code, as redesignated
by this section, is amended by adding at the end the following new
paragraph:
``(3) Education savings account contributions treated as
retirement savings.--Amounts contributed to qualified tuition
programs under section 529 and amounts contributed to Coverdell
education savings accounts under section 530 shall be treated
as qualified retirement savings contributions (subject to any
reduction under paragraph (2)).''.
(d) Limitation on Retirement Contributions Taken Into Account
Indexed for Inflation.--Section 30D of such Code, as redesignated by
this section, is amended by adding at the end the following new
subsection:
``(h) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2007, the dollar amounts in
subsection (a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `2006' for `1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $100.''.
(e) Conforming Amendments.--
(1) Section 24(b)(3)(B) of such Code is amended by striking
``and 25B''.
(2) Section 25(e)(1)(C) of such Code is amended by striking
``25B,''.
(3) Sections 26(a)(1), 904(i), and 1400C(d) of such Code
are each amended by striking ``24, and 25B'' and inserting
``and 24''.
(4) The heading of section 30D of such Code, as
redesignated by this section, is amended to read as follows:
``SEC. 30D. SAVER'S CREDIT.''.
(5) Section 30D(a) of such Code, as so redesignated, is
amended by striking ``there shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year''
and inserting ``the credit determined under this subsection for
the taxable year is''.
(6) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B.
(7) The table of sections for subpart B of such part is
amended by adding at the end the following new item:
``Sec. 30D. Saver's credit.''.
(8) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 30D'' after ``section 35''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Retirement Savings for Working Americans Act - Amends Internal Revenue Code provisions relating to the tax credit for retirement savings contributions (saver's credit) to: (1) require the Secretary of the Treasury to deposit saver's credit amounts directly into the designated retirement account of the taxpayer; (2) expand income eligibility levels for the saver's credit; (3) allow taxpayers that contribute to a qualified tuition program or a Coverdell education savings account to claim such contributions as retirement savings contributions; and (4) adjust the saver's credit maximum contribution amount for inflation beginning after 2007. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the saver's credit."} | 1,350 | 123 | 0.522321 | 1.150412 | 0.61182 | 2.36036 | 11.045045 | 0.846847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Improvements Act of
2017''.
SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL HISTORY
REVIEW PROGRAM.
The National Child Protection Act of 1993 (34 U.S.C. 40101 et seq.)
is amended--
(1) in section 3 (34 U.S.C. 40102)--
(A) by striking ``provider'' each place it appears
and inserting ``covered individual'';
(B) by striking ``provider's'' each place it
appears and inserting ``covered individual's'';
(C) by amending subsection (a)(3) to read as
follows:
``(3)(A) The Attorney General shall establish a program, in
accordance with this section, to provide qualified entities
located in States that do not have in effect procedures
described in paragraph (1), or qualified entities located in
States that do not prohibit the use of the program established
under this paragraph, with access to national criminal history
background checks on, and criminal history reviews of, covered
individuals.
``(B) A qualified entity described in subparagraph (A) may
submit to the appropriate designated entity a request for a
national criminal history background check on, and a criminal
history review of, a covered individual. Qualified entities
making a request under this paragraph shall comply with the
guidelines set forth in subsection (b), and with any additional
applicable procedures set forth by the Attorney General or by
the State in which the entity is located.'';
(D) in subsection (b)--
(i) in paragraph (1)(E), by striking
``unsupervised'';
(ii) by striking paragraph (2) and
inserting the following:
``(2)(A) that the State, or in a State that does not have
in effect procedures described in subsection (a)(1), the
designated entity, ensures that--
``(i) each covered individual who is the subject of
a background check under subsection (a) is entitled to
obtain a copy of any background check report;
``(ii) each covered individual who is the subject
of a background check under subsection (a) is provided
a process by which the covered individual may appeal
the results of the background check to challenge the
accuracy or completeness of the information contained
in the background report of the covered individual; and
``(iii)(I) each covered individual described in
clause (ii) is given notice of the opportunity to
appeal;
``(II) each covered individual described in clause
(ii) will receive instructions on how to complete the
appeals process if the covered individual wishes to
challenge the accuracy or completeness of the
information contained in the background report of the
covered individual; and
``(III) the appeals process is completed in a
timely manner for each covered individual described in
clause (ii); and
``(B) the State, or in a State that does not have in effect
procedures described in subsection (a)(1), the designated
entity, may allow for a review process--
``(i) through which the State or designated entity,
as the case may be, may determine that a covered
individual who is the subject of a background check
under subsection (a) is disqualified for a crime
specified in subsection (f)(2)(C); and
``(ii) which shall be consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.);'';
(iii) in paragraph (3), by inserting after
``authorized agency'' the following: ``or
designated entity, as applicable,''; and
(iv) in paragraph (4), by inserting after
``authorized agency'' the following: ``or
designated entity, as applicable,'';
(E) in subsection (d), by inserting after ``officer
or employee thereof,'' the following: ``, nor shall any
designated entity nor any officer or employee
thereof,'';
(F) by amending subsection (e) to read as follows:
``(e) Fees.--
``(1) State program.--In the case of a background check
conducted pursuant to a State requirement adopted after
December 20, 1993, conducted with fingerprints on a covered
individual, the fees collected by authorized State agencies and
the Federal Bureau of Investigation may not exceed the actual
cost of the background check conducted with fingerprints.
``(2) Federal program.--In the case of a national criminal
history background check and criminal history review conducted
pursuant to the procedures established pursuant to subsection
(a)(3), the fees collected by a designated entity shall be set
at a level that will ensure the recovery of the full costs of
providing all such services. The designated entity shall remit
the appropriate portion of such fee to the Attorney General,
which amount is in accordance with the amount published in the
Federal Register to be collected for the provision of a
criminal history background check by the Federal Bureau of
Investigation.
``(3) Ensuring fees do not discourage volunteers.--A fee
system under this subsection shall be established in a manner
that ensures that fees to qualified entities for background
checks do not discourage volunteers from participating in
programs to care for children, the elderly, or individuals with
disabilities. A fee charged to a qualified entity that is not
organized under section 501(c)(3) of the Internal Revenue Code
of 1986 may not be less than the total sum of the costs of the
Federal Bureau of Investigation and the designated entity.'';
and
(G) by inserting after subsection (e) the
following:
``(f) National Criminal History Background Check and Criminal
History Review Program.--
``(1) National criminal history background check.--Upon a
designated entity receiving notice of a request submitted by a
qualified entity pursuant to subsection (a)(3), the designated
entity shall forward the request to the Attorney General, who
shall, acting through the Director of the Federal Bureau of
Investigation, complete a fingerprint-based check of the
national criminal history background check system, and provide
the information received in response to such national criminal
history background check to the appropriate designated entity.
The designated entity may, upon request from a qualified
entity, complete a check of a State criminal history database.
``(2) Criminal history review.--
``(A) Designated entities.--The Attorney General
shall designate, and enter into an agreement with, one
or more entities to make determinations described in
paragraph (2). The Attorney General may not designate
and enter into an agreement with a Federal agency under
this subparagraph.
``(B) Determinations.--A designated entity shall,
upon the receipt of the information described in
paragraph (1), make a determination of fitness
described in subsection (b)(4), using the criteria
described in subparagraph (C).
``(C) Criminal history review criteria.--A covered
individual may be determined to be unfit under
subsection (b)(4) if the covered individual--
``(i) refuses to consent to a criminal
background check under this section;
``(ii) knowingly makes a materially false
statement in connection with a criminal
background check under this section;
``(iii) is registered, or is required to be
registered, on a State sex offender registry or
repository or the National Sex Offender
Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (34 U.S.C.
20901 et seq.);
``(iv) has been convicted of a felony
consisting of--
``(I) murder, as described in
section 1111 of title 18, United States
Code;
``(II) child abuse or neglect;
``(III) a crime against children,
including child pornography;
``(IV) spousal abuse;
``(V) a crime involving rape or
sexual assault;
``(VI) kidnapping;
``(VII) arson;
``(VIII) physical assault or
battery; or
``(IX) a drug-related offense
committed during the preceding 5 years;
``(v) has been convicted of a violent
misdemeanor committed as an adult against a
child, including--
``(I) child abuse;
``(II) child endangerment;
``(III) sexual assault; or
``(IV) of a misdemeanor involving
child pornography; or
``(vi) in the case of a covered individual
who has, seeks to have, or may have access to
the elderly or individuals with disabilities,
has been convicted of any criminal offense
relating to the abuse, exploitation, or neglect
(as those terms are defined in section 2011 of
the Social Security Act (42 U.S.C. 1397j)) of
an elder or an individual with disabilities.'';
and
(2) in section 5 (34 U.S.C. 40104)--
(A) by amending paragraph (9) to read as follows:
``(9) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have access to
children, the elderly, or individuals with
disabilities, served by a qualified entity; and
``(B) who--
``(i) is employed by or volunteers with, or
seeks to be employed by or volunteer with, a
qualified entity; or
``(ii) owns or operates, or seeks to own or
operate, a qualified entity;'';
(B) in paragraph (10), by striking ``and'' at the
end;
(C) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after paragraph (11) the
following:
``(12) the term `designated entity' means an entity
designated by the Attorney General under section 3(f)(2)(A).''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be fully
implemented by not later than 1 year after the date of enactment of
this Act.
Passed the Senate October 16, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 705
_______________________________________________________________________
AN ACT
To amend the National Child Protection Act of 1993 to establish a
voluntary national criminal history background check system and
criminal history review program for certain individuals who, related to
their employment, have access to children, the elderly, or individuals
with disabilities, and for other purposes. | Child Protection Improvements Act of 2017 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to establish a program to provide national criminal history background checks and criminal history reviews for individuals who apply to work or volunteer at organizations that serve children, elderly adults, or individuals with disabilities. | {"src": "billsum_train", "title": "Child Protection Improvements Act of 2017"} | 2,358 | 63 | 0.463632 | 1.150542 | 0.516699 | 3 | 38.762712 | 0.830508 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hunting,
Education, and Recreational Development Act'' or the ``HEARD Act''.
(b) Table of Contents.--The table of contents for this Act is:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Disposal.
Sec. 5. Lands to provide or increase recreational and other
opportunities.
Sec. 6. Public availability of information on land potentially
available for disposal.
Sec. 7. Recreation and Public Purposes Act.
Sec. 8. Limitations for administrative costs.
Sec. 9. Recording.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The total Federal estate exceeds more than 635,000,000
acres.
(2) The Federal Government owns parcels of varying size
interspersed with or adjacent to private, State, and tribal
lands throughout the United States, making many of these
parcels difficult to manage and more appropriate for disposal.
(3) The Bureau of Land Management identifies certain lands
potentially available for disposal in revisions to resource
management plans.
(4) Existing law does not require the Bureau of Land
Management to dispose of identified lands on a regular or
frequent basis. As a result, lands identified as potentially
available for disposal under valid resource management plans
are rarely disposed of by the Bureau of Land Management.
(5) The Forest Service has several authorities to dispose
of Federal lands, but such authorities are rarely used.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the orderly disposal of certain Federal
lands;
(2) to benefit education through the sales of such lands
and research focused on natural resource issues at educational
institutions;
(3) to consolidate Federal lands to achieve better
management; and
(4) to provide for the acquisition of certain lands to
provide or increase recreational and other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful--
(A) pursuit, shooting, capture, collection,
trapping, or killing of wildlife; or
(B) attempt to pursue, shoot, capture, collect,
trap, or kill wildlife.
(2) Land grant university.--The term ``land grant
university'' means a land grant university--
(A) established under the Act of July 2, 1862
(known as the ``First Morrill Act''; 12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.);
(B) established under the Act of August 30, 1890
(known as the ``Second Morrill Act''; 26 Stat. 419,
chapter 841; 7 U.S.C. 321 et seq.); or
(C) described in section 533(a)(1) of the Equity in
Educational Land-Grant Status Act of 1994 (part C of
title V of Public Law 103-382).
(3) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to pursue, capture, collect, or kill
fish.
(4) Recreational off-highway vehicles.--The term
``recreational off-highway vehicle'' means a motorized off-
highway vehicle designed to travel on four or more tires,
intended by the manufacturer for recreational use by one or
more persons and having all of the following characteristics:
(A) A steering wheel for steering control.
(B) Foot controls for throttle and service brake.
(C) Non-straddle seating.
(D) Maximum speed capability greater than 30 miles
per hour.
(E) Gross vehicle weight rating no greater than
3,750 pounds.
(F) Less than 80 inches in overall width, exclusive
of accessories.
(G) Engine displacement equal to or less than 61
cubic inches for gasoline fueled engines.
(H) Identification by means of a 17-character
personal or vehicle information number.
(5) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act entitled
``An Act to authorize acquisition or use of public lands by
States, counties, or municipalities for recreational
purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
(6) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, in reference to
lands under the jurisdiction of that Secretary; and
(B) the Secretary of Agriculture, in reference to
lands under the jurisdiction of that Secretary.
(8) Special account.--The term ``special account'' means
the account in the Treasury of the United States established
under this Act.
(9) Unit of local government.--The term ``unit of local
government'' means the governing body of each, community,
county, municipality, city, town, or township created pursuant
to State law with boundaries interspersed with or adjacent to
Federal lands.
SEC. 4. DISPOSAL.
(a) Disposal.--In accordance with this Act, and other applicable
law, and subject to valid existing rights, the Secretary concerned is
authorized to dispose of Federal land.
(b) Reservation for Local Public Purposes.--Not less than 30 days
before the offering of lands for sale or exchange pursuant to
subsection (a), States or the unit of local government in whose
jurisdiction the lands are located may elect to obtain any such lands
for local public purposes pursuant to the provisions of the Recreation
and Public Purposes Act. Pursuant to any such election, the Secretary
concerned shall retain the elected lands for conveyance to the States
or such unit of the local government in accordance with the provisions
of the Recreation and Public Purposes Act.
(c) Selection.--
(1) Joint selection required.--The Secretary concerned and
the unit of local government in whose jurisdiction lands
referred to in subsection (a) are located shall jointly select
lands to be offered for sale or exchange under this section.
The Secretary concerned shall coordinate land disposal
activities with the unit of local government concerned. Land
disposal activities of the Secretary concerned shall be
consistent with local land use planning and zoning requirements
and recommendations.
(2) Offering.--(A) The Secretary concerned shall make the
first offering of land as soon as practicable after land has
been selected in accordance with this subsection.
(B) The Secretary of the Interior shall dispose of not less
than 10 percent of lands currently identified by the Bureau of
Land Management for disposal as of the date of the enactment of
this Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(C) The Secretary of the Interior shall dispose of not less
than 20 percent of lands identified by the Bureau of Land
Management for disposal in any resource management plan
amendment made after the date of the enactment of this Act in
each of the 4 years after such an amendment is made, for a
total of 80 percent of such lands by the end of the fourth year
after the date of such amendment.
(D) The Secretary of Agriculture shall dispose of not less
than 10 percent of lands currently identified by the Forest
Service for disposal as of the date of the enactment of this
Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(E) The Secretary of Agriculture shall dispose of not less
than 20 percent of lands identified by the Forest Service for
disposal in any resource management plan amendment made after
the date of the enactment of this Act in each of the 4 years
after such an amendment is made, for a total of 80 percent of
such lands by the end of the fourth year after the date of such
amendment.
(F) Private landowners with inholdings interspersed with or
adjacent to Federal land being disposed of shall have the first
right of refusal for the purchase of land sold or exchanged
under this Act.
(d) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year shall be made available
as follows:
(A) Fifteen percent shall be paid directly to the
State where the sale takes place for use to supplement
the education of students in kindergarten through grade
12, to supplement public support of institutions of
public higher education, and to supplement State
agricultural and natural resource agencies.
(B) Fifteen percent shall be paid directly to the
one or more land grant universities within the
boundaries of the State of which the revenue is derived
for the purposes of providing agricultural and natural
resources research, extension, teaching and
infrastructure.
(C) Ten percent shall be paid directly to the one
or more counties within the boundaries of which the
revenue is derived with 50 percent of those revenues
going to a county extension office.
(D) Ten percent shall be deposited in a special
account created in the Treasury of the United States
for use pursuant to the provisions of paragraph (3).
(E) The remainder shall be deposited into the
General Fund of the Treasury.
(2) Payments.--
(A) In general.--Amounts paid to land grant
universities under subsection (B) shall be in addition
to any other payments of public support.
(B) Payments in lieu of taxes.--A payment to a
county under subsection (C) shall be in addition to a
payment in lieu of taxes received by the county under
chapter 69 of title 31, United States Code.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary concerned
for--
(i) any of the purposes described in
section 5; and
(ii) deferred maintenance, repairs, and
capital improvements.
(B) Procedures.--The Secretary concerned shall
coordinate the use of the special account with States,
the unit of local government in whose jurisdiction the
lands are located, and other interested persons, to
ensure accountability and demonstrated results.
(C) Investment of special account.--All funds
deposited as principal in the special account shall
earn interest in the amount determined by the Secretary
of the Treasury on the basis of the current average
market yield on outstanding marketable obligations of
the United States of comparable maturities. Such
interest shall be added to the principal of the account
and expended according to the provisions of paragraph
(3).
SEC. 5. LANDS TO PROVIDE OR INCREASE RECREATIONAL AND OTHER
OPPORTUNITIES.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``recreational beneficial land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary concerned provide an opportunity--
(A) for hunting, recreational fishing, recreational
shooting, recreational off-highway vehicles, or other
recreational purposes; or
(B) to achieve better management of public land
through consolidation of Federal ownership.
(2) Concurrence.--Before initiating efforts to acquire land
under this subsection, the Secretary concerned shall obtain the
concurrence of each affected State and unit of local government
within whose jurisdiction the lands are located, including
appropriate planning and regulatory agencies, and with other
interested persons, concerning the necessity of making the
acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
Concurrence under this paragraph is in addition to any other
consultation required by law.
(3) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary
concerned may acquire, with the proceeds of the special
account, recreational beneficial land and interests in
recreational beneficial land. Lands may not be acquired by
eminent domain or condemnation or without the consent of the
owner thereof. Funds made available from the special account
may be used with any other funds made available under any other
provision of law or any other non-Federal matching funds
provided by a nongovernmental organization.
(b) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary concerned
under this section shall be determined pursuant to section 206 of the
Federal Land Policy and Management Act of 1976 and shall be consistent
with other applicable requirements and standards. Fair market value
shall be determined without regard to the presence of a species listed
as threatened or endangered under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(c) Payments in Lieu of Taxes.--Subparagraph (H) of section 6901(1)
of title 31, United States Code, is amended by inserting ``or the
Hunting, Education, and Recreational Development Act'' after ``the
Southern Nevada Public Land Management Act of 1998''.
(d) Limitation.--The total land acreage acquired annually under
this Act shall not exceed the total Federal land acreage disposed of
annually under this Act.
SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ON LAND POTENTIALLY
AVAILABLE FOR DISPOSAL.
(a) Bureau of Land Management.--The Bureau of Land Management,
shall make publicly available, including on the Internet at http://
www.blm.gov/wo/st/
en/prog/planning/planning_overview/lands_potentially0
.html, or any successor website, all public lands managed by the agency
potentially available for disposal as identified in agency resource
management plans.
(b) Forest Service.--The Forest Service, shall make publicly
available, including on the Internet, all public lands managed by the
agency identified for disposal as identified in agency land and
resource management plans.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) In General.--Upon request by a grantee of lands within a local
county that are subject to a lease or patent issued under the
Recreation and Public Purposes Act, the Secretary concerned may
transfer the reversionary interest in such lands to other non-Federal
lands. The transfer of the reversionary interest under this section
shall only be made to lands of equal value, except that with respect to
States or a unit of local government an amount equal to the excess (if
any) of the fair market value of lands received by the unit of local
government over the fair market value of lands transferred by the unit
of local government shall be paid to the Secretary concerned and shall
be treated under subsection (d)(1) of section 4 as proceeds from the
sale of land. For purposes of this subsection, the fair market value of
lands to be transferred by States or a unit of local government may be
based upon a statement of value prepared by a qualified appraiser.
(b) Terms and Conditions Applicable to Reversionary Interest.--
Other non-Federal lands selected under this subsection by a grantee
described in subsection (a) shall be subject to the activities defined
as permissible under parts 2920 and 2930 of title 43, Code of Federal
Regulations, shall be permissible.
SEC. 8. LIMITATIONS FOR ADMINISTRATIVE COSTS.
Amounts deposited in the special account created by this Act shall
be expended by the Secretary concerned for reimbursement of--
(1) costs incurred by the local offices of the Bureau of
Land Management and the Forest Service in arranging sales,
conveyances, or exchanges under this Act; and
(2) reimbursement of any other costs associated with this
Act including investigations, reports, appraisals, surveys, and
clearances.
SEC. 9. RECORDING.
The Secretary concerned shall record all final sales, conveyances
and exchanges under this Act with the county within whose jurisdiction
the lands are located. | Hunting, Education, and Recreational Development Act or the HEARD Act This bill authorizes the Department of the Interior and the Department of Agriculture (USDA) to dispose of federal lands under their respective jurisdictions by offering them for sale or exchange to units of local government in accordance with this bill. Before the offering of lands for sale or exchange, states or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the Recreation and Public Purposes Act. Interior or USDA, as appropriate, shall retain the elected lands for conveyance to such states or unit of local government in accordance with that Act. The bill prescribes requirements for disposition of the gross proceeds of the sales of lands under this bill, including that: 15% be paid to the state where the sale takes place to be used to supplement the education of students in kindergarten through grade 12, to supplement public support of institutions of public higher education, and to supplement state agricultural and natural resource agencies; and 10% of such proceeds be deposited in a special account to be created in the Treasury which may be used for the acquisition of recreational beneficial lands and interests (providing an opportunity for hunting, recreational fishing, recreational shooting, recreational off-highway vehicles, or other recreational purposes, or to achieve better management of public lands through consolidation of federal ownership). | {"src": "billsum_train", "title": "HEARD Act"} | 3,618 | 293 | 0.54578 | 1.725344 | 0.64142 | 4.856089 | 12.309963 | 0.915129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital TV Transition Fairness
Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Communications and
Information of the Department of Commerce.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Digital-to-analog converter box.--The term ``digital-
to-analog converter box'' has the same meaning as in section
3005(d) of the Digital Television Transition and Public Safety
Act of 2005.
(4) Local market.--The term ``local market'' has the same
meaning as in section 122(j) of title 17, United States Code.
(5) Multichannel video programming distributor.--The term
``multichannel video programming distributor'' has the same
meaning as in section 602(13) of the Communications Act of
1934.
(6) Television broadcast station.--The term ``television
broadcast station'' has the same meaning as in section
325(b)(7) of the Communications Act of 1934.
SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM.
(a) Creation of Program.--The Assistant Secretary, in coordination
and consultation with the Commission, shall implement and administer a
program through which households or individuals in the United States
may obtain coupons that can be applied toward--
(1) the cost to install a digital-to-analog converter box;
(2) the purchase of an indoor or outdoor antenna, or both
if needed, to facilitate the reception and display of signals
of channels broadcast in digital television service;
(3) the cost to install any antenna described in paragraph
(2); and
(4) the cost to install, or the cost of any other equipment
needed to receive and display, basic broadcast television
service, as such service is described in section 4.
(b) Program Specifications.--
(1) Eligibility.--
(A) Household or individual.--Any household or
individual that was or is eligible for a digital-to-
analog converter box coupon under the coupon program
established under section 3005 of the Digital
Television Transition and Public Safety Act of 2005
shall be eligible to receive a coupon under the coupon
program established under this section.
(B) Product eligibility.--The Assistant Secretary,
in consultation with the Commission, shall determine
minimum standards for which types of antennas,
installation providers, and other companies are
eligible to participate in the coupon program
established under this section. Such minimum standards
shall be established not later than 30 days after the
date of enactment of this Act.
(C) Limitation.--No household or individual may be
eligible to participate in the coupon program
established under this section if--
(i) on the date of enactment of this Act,
the household or individual was receiving
broadcast television that it had purchased from
a multichannel video programming distributor;
or
(ii) after the date of enactment of this
Act, the household or individual purchases
television broadcasts, other than basic
broadcast television service described in
section 4, from a multichannel video
programming distributor.
(2) Request.--A household or individual may obtain coupons
under this section by making a request as required by the
regulations implementing this section.
(3) Coupon value.--The Assistant Secretary shall determine
the value of any coupons issued under this section, provided
that the value of any single coupon does not exceed $80. In
making the determination of the value of any single coupon, the
Assistant Secretary shall consider the purpose for which the
requesting household or individual is requesting the coupon and
the types of costs to which the coupon will be applied.
(4) Duration.--All coupons issued under this section shall
expire upon the later of the date of termination of the program
established under this section or 90 days.
(5) Termination.--The program established under this
section shall terminate on the date that is 18 months after the
date on which the first coupon under this section is issued.
(c) Consumer Education.--The Assistant Secretary shall develop, in
consultation with the Commission and broadcast and television industry
representatives, an Internet website and a toll-free telephone hotline
accessible to consumers that have degraded or lost signals or channels
as a result of the full power transition from analog to digital
television that is to occur on February 17, 2009. The website and
telephone hotline shall provide relevant information in order to assist
consumers in determining--
(1) if the purchase or installation of an outdoor or indoor
antenna will assist the consumer in resolving or improving
their digital television reception problems; and
(2) what options are available to them should they find
that purchasing an outdoor or indoor antenna will not assist in
resolving or improving their digital television reception.
(d) Reporting Requirement.--
(1) In general.--Not later than 1 month after the date of
enactment of this Act, and every 7 days thereafter, the
National Telecommunications and Information Administration
shall make publicly available on its website the--
(A) number of requests for coupons under this
section;
(B) number of coupons issued under this section;
(C) amount of each coupon issued, including the
total amount of all such issued coupons;
(D) types of costs to which each such issued coupon
will be applied, as such costs are self-reported on the
application of each household or individual;
(E) number of issued coupons that have been
redeemed; and
(F) amount of unobligated and unexpended funds that
remain from the amounts authorized under section 6.
(2) Termination.--The requirement described under paragraph
(1) shall terminate 3 months after the last coupon under this
section is issued.
SEC. 4. BASIC BROADCAST TELEVISION SERVICE.
(a) Requirement.--
(1) In general.--The Commission shall promulgate rules
requiring that each multichannel video programming distributor,
who provides broadcast television for a local market, provide
to eligible consumers in that local market access to basic
broadcast television service, as such service is described in
subsection (b).
(2) Safe harbor.--
(A) In general.--The retransmission or secondary
transmission of any televison broadcast station by a
multichannel video programming distributor pursuant to
paragraph (1) shall not be subject to any prohibitions
on such activities as described under sections 325 and
338 of the Communications Act of 1934 or under section
122 of title 17, United States Code, and any such
distributor shall be immune from any civil liability
related to fulfilling the requirements under paragraph
(1).
(B) Fee exemption.--In promulgating rules under
paragraph (1), the Commission shall require that each
television broadcast station--
(i) grant consent to multichannel video
programming distributors to retransmit the
signal of such broadcasting station only for
the purposes of fulfilling the requirements
under paragraph (1); and
(ii) waive any fees or charges that are
customarily or usually applied for the grant of
such consent.
(b) Basic Broadcast Television Service.--Any rule promulgated under
subsection (a) relating to the definition of basic broadcast television
service shall ensure that, at a minimum, such service includes the
transmission, retransmission, or secondary transmission of the over-
the-air signal of any nonsubscription television broadcast station
located within the local market.
(c) Eligible Consumers.--
(1) In general.--For purposes of this section, an
``eligible consumer'' is a consumer whose primary residence is
located in a local market where at least 1 television broadcast
station has certified to the Commission that channel signal
loss has occurred as a result of the transition from analog to
digital television that is to occur on February 17, 2009.
(2) Loss of eligibility; purchase of additional service.--
If at any time after purchasing basic broadcast television
service pursuant to this section, an eligible consumer
purchases any additional channel service from a multichannel
video programming distributor, such consumer shall no longer be
eligible to purchase such basic broadcast television service.
(d) Additional Cost Requirements.--In promulgating rules under
subsection (a), the Commission shall ensure that--
(1) the cost to purchase basic broadcast television service
does not exceed $10 per month, except that such maximum monthly
fee shall be adjusted annually in accordance with the annual
percentage increase in the Consumer Price Index of the Bureau
of Labor Statistics of the Department of Labor in increments of
$1 only when the percentage increase in such index, when
applied to the maximum monthly fee, produces dollar increases
that exceed $1; and
(2) a multichannel video programming distributor providing
such basic broadcast service may not charge installation costs
for such service that are in excess of the regular market rate
charged to normal non-basic broadcast customers who purchase
installation for any other services provided by the
multichannel video programming distributor.
(e) Report to Congress.--Not later than 6 months after the date of
enactment of this Act, and every 12 months thereafter, the Commission
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives on--
(1) the number of eligible consumers who have purchased
basic broadcast television service;
(2) the problems encountered by eligible consumers and
multichannel video programming distributors in adhering to the
requirements of this section; and
(3) any other information the Commission determines
appropriate.
(f) Public Availability.--The Commission shall make any report
required under subsection (e) available to the public on its website in
a searchable and downloadable manner.
(g) Termination Only by Act of Congress.--This section may be
limited, canceled, terminated, or rescinded only by an Act of Congress.
SEC. 5. OUTREACH CAMPAIGN.
(a) In General.--The Commission, in consultation and coordination
with the National Telecommunications and Information Administration,
the Administrator of the Administration on Aging, the heads of any
other relevant Federal agency, State and local agencies, the broadcast,
cable, satellite, and other telecommunications industries, and
nonprofit, religious, community-based, and other similar organizations,
shall carry out an education and outreach campaign to inform and
educate consumers on the availability, benefits, and advantages of the
programs and requirements established under this Act.
(b) Requirements.--The education and outreach campaign required
under subsection (a) shall, at a minimum--
(1) begin immediately upon the date of enactment of this
Act;
(2) involve dissemination of information over radio,
television, the Internet, and other electronic media, as well
other traditional nonelectronic media;
(3) require that each agency described in subsection (a)
maintain information relating to the programs and requirements
established under this Act on the website of such agency; and
(4) require efforts to inform and educate all relevant
consumers, in particular those consumers--
(A) in vulnerable populations such as--
(i) senior citizens;
(ii) consumers living in rural and tribal
areas;
(iii) non-English speaking consumers;
(iv) consumers with disabilities; and
(v) low-income consumers; and
(B) located in a local market where channel signal
loss as a result of the full power transition from
analog to digital television that is to occur on
February 17, 2009, is likely or predicted to be likely.
(c) Provision of Funds.--The Commission may distribute funds to
nonprofit, religious, community-based, and other similar organizations
to assist with the education and outreach campaign required under this
section.
(d) Website.--Each Federal agency participating in the education
and outreach campaign required under this section shall work to ensure
the existence and operation of a single website accessible by the
public that shall serve as the clearinghouse for all information
relating to this Act and the programs established by this Act.
SEC. 6. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $75,000,000 for each of fiscal years
2009 and 2010. Any amounts appropriated to carry out this Act shall
remain available until expended.
(b) Transfer of Funds in the Digital Television Transition and
Public Safety Fund.--Notwithstanding any other provision of law, any
funds remaining in the Digital Television Transition and Public Safety
Fund established under section 309(j)(8)(E) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the
digital-to-analog converter box program established under section 3005
of the Digital Television Transition and Public Safety Act of 2005, be
used to cary out the provisions of this Act. | Digital TV Transition Fairness Act - Requires the Department of Commerce to implement and administer a program to obtain coupons that can be applied toward: (1) the cost to install a digital-to-analog converter box; (2) the purchase and installation of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; and (3) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service.
Sets forth consumer and product eligibility criteria.
Provides for a website and telephone hotline to provide relevant information to assist consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009.
Requires the Federal Communications Commission (FCC) to promulgate rules requiring that each multichannel video programming distributor providing broadcast television for a local market provide to eligible consumers in that local market access to basic broadcast television service.
Directs the FCC to carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act. | {"src": "billsum_train", "title": "A bill to ensure access to basic broadcast television after the Digital Television Transition, and for other purposes."} | 2,714 | 252 | 0.64918 | 1.724141 | 0.790307 | 7.225532 | 11.012766 | 0.961702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Entitlement Reform
Commission Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Comprehensive Entitlement Reform Commission established under
section 3.
(2) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Medicare.--The term ``Medicare'' means the program
established under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(4) Social security.--The term ``Social Security'' means
the program of old-age, survivors, and disability insurance
benefits established under title II of the Social Security Act
(42 U.S.C. 401 et seq.).
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the
``Comprehensive Entitlement Reform Commission''.
SEC. 4. PURPOSE.
The Commission will review Social Security, Medicare, and Medicaid
and make comprehensive recommendations to sustain the solvency and
stability of these three programs for future generations.
SEC. 5. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall conduct a comprehensive
review of Social Security, Medicare, and Medicaid consistent with the
purpose specified in section 4 and shall submit the report required
under subsection (b).
(b) Report.--
(1) Report.--Not later than 1 year after the selection of
the 2 Co-Chairpersons and the Executive Director of the
Commission, the Commission shall prepare and submit a final
report that contains a detailed statement of the
recommendations, findings, and conclusions of the Commission to
the appropriate Committees of Congress and the President.
(2) Public availability.--The report submitted under this
subsection shall be made available to the public.
SEC. 6. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members, to be appointed as follows:
(1) The majority leader of the Senate shall appoint 2
members.
(2) The minority leader of the Senate shall appoint 2
members.
(3) The Speaker of the House of Representatives shall
appoint 2 members.
(4) The minority leader of the House of Representatives
shall appoint 2 members.
(b) Prohibited Appointments.--Members of the Commission shall not
include Members of Congress or other elected Federal, State, or local
government officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed by not
later than 30 days after the date of enactment of this Act.
(e) Initial Organization Period.--Not later than 60 days after the
date of enactment of this Act, the Commission shall develop and
implement a schedule for completion of the review and report required
under section 5.
(f) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons
from among its members.
(g) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the report
required under section 5(b)(1).
SEC. 7. ADMINISTRATION.
(a) Quorum.--Five members of the Commission shall constitute a
quorum for purposes of voting, but a quorum is not required for members
to meet and hold hearings.
(b) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Co-Chairpersons or a majority of its members.
(2) Open meetings.--Each meeting of the Commission, other
than meetings in which classified information is to be
discussed, shall be open to the public.
(c) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines to be necessary to
carry out its duties.
(d) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
(e) Staff.--
(1) Executive director.--The Commission shall have a staff
headed by an Executive Director. The Executive Director shall
be paid at a rate equivalent to a rate established for the
Senior Executive Service under section 5382 of title 5, United
States Code.
(2) Staff appointment.--With the approval of the
Commission, the Executive Director may appoint such personnel
as the Executive Director determines to be appropriate.
(3) Actuarial experts and consultants.--With the approval
of the Commission, the Executive Director may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code.
(4) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the Federal
employee.
(5) Other resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to carry
out its duties from the Library of Congress, the Chief Actuary
of Social Security, the Congressional Budget Office, and other
agencies and elected representatives of the executive and
legislative branches of the Federal Government. The Co-
Chairpersons of the Commission shall make requests for such
access in writing when necessary.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2006, $1,500,000 to carry out the purposes of this Act.
(b) Availability.--Any sums appropriated under the subsection (a)
shall remain available, without fiscal year limitation, until expended. | Comprehensive Entitlement Reform Commission Act of 2005 - Establishes the Comprehensive Entitlement Reform Commission to review Social Security, Medicare, and Medicaid and make comprehensive recommendations to sustain the solvency and stability of these programs for future generations. | {"src": "billsum_train", "title": "To establish the Comprehensive Entitlement Reform Commission."} | 1,391 | 49 | 0.574864 | 1.309394 | 1.272818 | 5.575 | 30.55 | 0.975 |
SECTION 1. CONTINUATION OF MEDICAID EMERGENCY PSYCHIATRIC DEMONSTRATION
PROJECT.
(a) Original States.--Paragraph (2) of section 2707(d) of Public
Law 111-148 (42 U.S.C. 1396a note) is amended to read as follows:
``(2) Extension of participation eligibility for originally
selected states.--
``(A) In general.--
``(i) State option to resume
participation.--The Secretary shall allow any
State selected as an eligible State to
participate in the demonstration project on or
prior to March 13, 2012, to resume
participation in the demonstration project upon
the request of the State.
``(ii) Timeline for election and
participation.--A State that elects to resume
participation in the demonstration project
under clause (i) shall--
``(I) make such election before
April 1, 2017; and
``(II) resume participation not
sooner than July 1, 2018, and not later
than December 31, 2018.''.
(b) Authority To Substitute a New State for an Originally Selected
State.--Paragraph (2) of section 2707(d) of Public Law 111-148 (42
U.S.C. 1396a note), as amended by subsection (a), is amended by adding
at the end the following new subparagraphs:
``(B) Authority to replace an originally selected
state.--
``(i) In general.--If any State that was
selected to participate in the demonstration
project on or prior to March 13, 2012, does not
elect before April 1, 2017, to resume the
State's participation in the demonstration
project, the Secretary may select on a
competitive basis another State to participate
in the project.
``(ii) Timeline for participation by a
replacement state.--A State selected to
participate in the demonstration project under
clause (i) shall begin to participate not
sooner than July 1, 2018, and not later than
December 31, 2018.
``(C) Length of participation for original and
replacement states.--A State that elects to resume
participation in the demonstration project under
subparagraph (A) or is selected to participate under
subparagraph (B) shall be permitted to participate in
the demonstration project for a period of three
consecutive years, and no State may continue to
participate in the demonstration project after such
period without the approval of Congress in accordance
with subsection (f)(4)(C).
``(D) Cap on number of states.--In no event may the
number of States authorized to participate in the
demonstration project under this paragraph exceed 12
States.''.
(c) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C.
1396a note) is amended--
(1) by amending subparagraph (A) of paragraph (1) to read
as follows:
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, there is appropriated to
carry out this section--
``(i) $75,000,000 for fiscal year 2011, to
remain available until expended; and
``(ii) $75,000,000 for fiscal year 2017, to
remain available through March 31, 2022.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Limitation on payments.--In no case may--
``(A) the aggregate amount of payments made by the
Secretary to eligible States under this section for the
period beginning on July 1, 2018, and ending on
December 31, 2021, exceed $75,000,000; or
``(B) payments be provided by the Secretary under
this section after March 31, 2022, unless a law
described in subsection (f)(4)(C) is in effect.''.
(d) Permanent and Expansion Evaluation and Recommendation.--
Subsection (f)(4) of section 2707 of such Act (42 U.S.C. 1396a note) is
amended--
(1) in subparagraph (A)--
(A) by striking ``April 1, 2019'' and inserting
``June 30, 2021''; and
(B) by striking ``December 31, 2019'' and inserting
``December 31, 2021'';
(2) in subparagraph (C), by striking ``December 31, 2019''
each place it appears and inserting ``December 31, 2021''; and
(3) by adding at the end the following new subparagraph:
``(D) Collection of data from states.--The
Secretary shall provide each State participating in the
demonstration project with a template of the data
needed from the State to conduct the evaluation
required under this paragraph and at least 1 fiscal
quarter to collect and submit such data.''.
(e) Conforming Amendments.--
(1) Authority to conduct project.--Subsection (a) of
section 2707 of such Act (42 U.S.C. 1396a note) is amended by
inserting ``or (d)(2)(B)'' after ``subsection (c)''.
(2) Technical correction to stabilization review
requirement.--The first sentence of section 2707(b) of such Act
(42 U.S.C. 1396a note) is amended to read as follows: ``A State
shall specify in its application the mechanism established for
ensuring that institutions participating in the demonstration
will determine whether or not such individuals have been
stabilized (as defined in subsection (h)(5)).''.
(3) Eligible state definition.--Subsection (c)(1) of
section 2707 of such Act (42 U.S.C. 1396a note) is amended by
inserting ``and subsection (d)(2)(B)'' after ``paragraph (4)''.
(4) Length of project.--Subsection (d) of section 2707 of
such Act (42 U.S.C. 1396a note) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2)''; and
(B) by striking paragraphs (3) and (4).
(5) Funding.--Subsection (e)(4) of section 2707 of such Act
(42 U.S.C. 1396a note) is amended--
(A) by striking ``an evaluation under subsection
(f)(1)'' and inserting ``the evaluations required under
subsection (f)''; and
(B) by striking ``or (3)''.
(f) Offset.--From amounts appropriated for the Prevention and
Public Health Fund for fiscal year 2021 under section 4002(b) of the
Patient Protection and Affordable Care Act (42 U.S.C. 300u-11(b)),
$75,000,000 shall be rescinded. | This bill: (1) continues the Medicaid emergency psychiatric demonstration project; (2) authorizes the Centers for Medicare & Medicaid Services to replace with another state, on a competitive basis, any originally selected state that elects not to resume its participation in the project; and (3) modifies other requirements related to the project. | {"src": "billsum_train", "title": "A bill to continue the Medicaid emergency psychiatric demonstration project."} | 1,478 | 70 | 0.565956 | 1.376675 | 0.84123 | 1.769231 | 20.261538 | 0.815385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Contract and Rate Expenditure
Act of 2014'' or the ``Native CARE Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federal health services to maintain and improve the
health of American Indians and Alaska Natives are consonant
with and required by the Federal Government's historical and
unique legal relationship with, and resulting trust
responsibility to, the American Indian and Alaska Native
people.
(2) The unmet health needs of American Indians and Alaska
Natives are severe and the health status of American Indians
and Alaska Natives is far below that of the general population
of the United States, resulting in an average life expectancy
for American Indians and Alaska Natives 4.2 years less than
that for the all races population of the United States.
(3) The Indian Health Service and tribal Purchased/Referred
Care programs purchase primary and specialty care services from
private health care providers when those services are not
available at Indian Health Service or Tribal health facilities.
(4) Available Purchased/Referred Care funds have been
insufficient to ensure access to care for American Indians and
Alaska Natives, resulting in rationed care and diagnosis and
treatment delays that lead to the need for more intensive and
expensive treatment, further reducing already scarce Purchased/
Referred Care funds.
(5) In 2003, Congress amended title XVIII of the Social
Security Act to require Medicare-participating hospitals to
accept patients referred from the Indian Health Service and
Tribal Purchased/Referred Care programs and to accept payment
at no more than Medicare rates--the Medicare-like rate cap--for
the services provided.
(6) The Medicare-like rate cap only applies to hospital
services, and does not apply to other types of Medicare-
participating providers and suppliers.
(7) Unlike other Federal health care programs, the Indian
Health Service and Tribal Purchased/Referred Care programs
continue to pay full billed charges for non-hospital services.
(8) Because Purchased/Referred programs continue to pay
full billed charges for non-hospital services, in many cases
the Indian Health Service may only treat the most desperate
``Life'' or ``Limb'' cases, leading to many undesirable health
outcomes for American Indians and Alaska Natives, and
ultimately increasing costs to the Purchased/Referred Care
programs.
(9) On April 11, 2013, the Government Accountability Office
released a report finding that capping Purchased/Referred Care
reimbursement at Medicare-like rates for nonhospital services
would enable the Indian Health Service to double the number of
physician services provided by adding an additional 253,000
patient visits annually.
SEC. 3. LIMITATION ON CHARGES FOR CERTAIN CONTRACT HEALTH SERVICES
PROVIDED TO INDIANS BY MEDICARE PROVIDERS OF SERVICES AND
SUPPLIERS.
(a) Application to All Providers of Services.--
(1) In general.--Section 1866(a)(1)(U) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)(U)) is amended, in the
matter preceding clause (i), by striking ``in the case of
hospitals which furnish inpatient hospital services for which
payment may be made under this title,''.
(2) Regulations.--The Secretary of Health and Human
Services shall promulgate regulations to account for the
amendment made by paragraph (1).
(3) Effective date.--The amendment made by paragraph (1)
shall apply to Medicare participation agreements in effect (or
entered into) on or after the date that is 90 days after the
date of enactment of this Act.
(b) Application to All Suppliers.--
(1) In general.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by adding at the end the following
new subsection:
``(r) Limitation on Charges for Certain Contract Health Services
Provided to Indians by Suppliers.--No payment may be made under this
title for an item or service furnished by a supplier (as defined in
section 1861(d)) unless the supplier agrees (pursuant to a process
established by the Secretary) to be a participating provider of medical
and other health services both--
``(1) under the Purchased/Referred Care program (formerly
referred to as the `contract health services program') funded
by the Indian Health Service and operated by the Indian Health
Service, an Indian tribe, or tribal organization (as those
terms are defined in section 4 of the Indian Health Care
Improvement Act), with respect to items and services that are
covered under such program and furnished to an individual
eligible for such items and services under such program; and
``(2) under any program funded by the Indian Health Service
and operated by an urban Indian organization with respect to
the purchase of items and services for an eligible urban Indian
(as those terms are defined in such section 4),
in accordance with regulations promulgated by the Secretary regarding
payment methodology and rates of payment (including the acceptance of
no more than such payment rate as payment in full for such items and
services).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to items and services furnished on or after the
date that is 90 days after the date of enactment of this Act.
(c) Limitation.--There shall be no reduction, offset, or limitation
to any appropriations made to the Indian Health Service under the
Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.), the Act of
November 2, 1921 (25 U.S.C. 13) (commonly known as the ``Snyder Act''),
or any other provision of law as a result of the provisions of,
including amendments made by, this Act.
(d) Studies and Reports.--
(1) Study.--The Secretary of Health and Human Services (in
this subsection referred to as the ``Secretary''), acting
through the Director of the Indian Health Service, shall
conduct a study on the impact of the amendments made by this
section on access to care under the Purchased/Referred Care
program of the Indian Health Service.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report containing the results of the study conducted under
paragraph (1), including recommendations for such legislation
and administrative action as the Secretary determines
appropriate.
(3) Section 219(c) study and report.--Section 219(c) of the
Indian Health Care Improvement Act (25 U.S.C. 1621r(c)) is
amended by striking ``12 months after the date of the enactment
of this section'' and inserting ``12 months after the date of
the enactment of the Native Contract and Rate Expenditure Act
of 2014, and biennially thereafter through 2020''. | Native Contract and Rate Expenditure Act of 2014 or the Native CARE Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to remove the restriction to hospitals furnishing inpatient Medicare services and allow all service providers to participate under: (1) the Purchased/Referred Care program (formerly called the contract health services program) funded and operated by the Indian Health Service (IHS), and (2) any program funded by IHS and operated by an urban Indian organization. Prohibits Medicare payment for an item or service furnished by a supplier unless the supplier agrees to participate under both such programs. Prohibits any reduction, offset, or limitation to any appropriations made to IHS under the Indian Health Care Improvement Act, the Snyder Act, or any other provision of law as a result of this Act. Directs the Secretary of Health and Human Services (HHS), acting through the Director of IHS, to study the impact of this Act on access to care under the IHS Purchased/Referred Care program. | {"src": "billsum_train", "title": "Native CARE Act of 2014"} | 1,524 | 228 | 0.539779 | 1.674129 | 0.865914 | 3.948718 | 7.051282 | 0.902564 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Embassy Design and Security Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Embassies--
(A) are an important reflection of American values,
openness, ingenuity, and innovation;
(B) should reflect the best of United States
design, architecture, sustainability, and technology;
and
(C) should maintain security as a top priority.
(2) Since 2001, the Bureau of Overseas Buildings Operations
(referred to in this section as ``OBO'') has--
(A) completed 71 new diplomatic and consular
facilities; and
(B) moved more than 20,000 individuals into safer,
more secure and functional facilities.
(3) OBO, which has 34 other building projects in design or
construction in 2010, has demonstrated its ability to construct
diplomatic and consular facilities in a timely and expeditious
manner.
(4) Since the August 1998 embassy bombings in East Africa,
United States diplomatic and consular facilities have faced
increasing attacks.
(5) OBO constructs safe and functional facilities for
American diplomats to allow them to advance foreign policy and
to strive to create better, safer, and more secure communities
for all citizens of the world.
(6) In his seminal memo, entitled ``Guiding Principles for
Federal Architecture'', the Honorable Daniel Patrick Moynihan
laid out the following core principles:
(A) ``It should be our object to meet the test of
Pericles' evocation to the Athenians, which the
President commended to the Massachusetts legislature in
his address of January 9, 1961: `We do not imitate--for
we are a model to others.'''.
(B) ``The policy shall be to provide requisite and
adequate facilities in an architectural style and form
which is distinguished and which will reflect the
dignity, enterprise, vigor and stability of the
American National Government.''.
(C) ``The development of an official style must be
avoided. . . . The advice of distinguished architects,
as a rule, ought to be sought prior to the award of
important design contracts.''.
(D) ``The choice and development of the building
site should be considered the first step of the design
process.''.
(7) The principles set forth in paragraph (2) provide the
foundation for the General Services Administration's Design
Excellence Program, which--
(A) establishes nationwide policies and procedures
for selecting distinguished architects and artists for
General Services Administration's commissions; and
(B) implements rigorous review processes to produce
facilities and civic artworks of outstanding quality
and value.
(8) Section 401 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) defines a high-performance
building as ``a building that integrates and optimizes on a
life cycle basis all major high performance attributes,
including energy conservation, environment, safety, security,
durability, accessibility, cost-benefit, productivity,
sustainability, functionality, and operational
considerations''.
(9) The 2009 American Institute of Architects ``Design for
Diplomacy: New Embassies for the 21st Century'' reports
``significant interest in developing an approach that would
enable architects and engineers to design embassies that
reflected the unique needs of a site at a foreign post''.
(10) The Center for Strategic and International Studies
published a report in 2007, authored by the Embassy of the
Future Commission and entitled ``The Embassy of the Future'',
which makes the following statements:
(A) ``The new embassy facilities have in some
places created the perception among some of a fearful
United States, retreating behind high walls and
isolating itself from the people it is trying to
reach.''.
(B) ``The commission believes that it is important
to meet security needs in ways that reflect the new
diplomatic job.''.
(C) ``[S]etbacks, barriers, and other security
features can be designed in ways that integrate
security with the overall building design and
surroundings.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to adopt design excellence as
a mandate to advance a new generation of secure, high-performance,
sustainable diplomatic and consular facilities in support of United
States foreign policy.
SEC. 4. ESTABLISHMENT OF A DESIGN EXCELLENCE PROGRAM AT THE DEPARTMENT
OF STATE.
The Secretary of State should--
(1) develop and establish a design excellence program,
which shall be--
(A) modeled after the program used by the General
Services Administration; and
(B) tailored to the specific requirements of the
Bureau of Overseas Building Operations;
(2) ensure that security remains a top priority for all
diplomatic and consular facilities;
(3) integrate sustainability and sustainable design and
construction best practices for all facilities constructed
under the direction of the Bureau of Overseas Building
Operations;
(4) encourage innovation in building design;
(5) create a framework for testing new technologies as they
come on the market that can create potential value for new
facilities;
(6) create a design excellence policies and procedures
manual, which shall--
(A) explain the mandate of the design excellence
program; and
(B) describe how the Department of State will
implement and operate the program;
(7) establish a high-level board to track the progress of
the design excellence program, which--
(A) shall be composed of an equivalent number of--
(i) outside professionals who have specific
architectural, design, and industry expertise;
and
(ii) senior United States Government
officials; and
(B) shall meet not less frequently than
semiannually--
(i) to review and analyze the progress and
results of the program; and
(ii) to provide guidance to the Department
of State on questions that may arise;
(8) train staff to support design excellence through
education and training on program implementation to ensure
consistency and quality on all projects;
(9) perform post-occupancy evaluations to identify the
problems and successes of each facility;
(10) consider utilizing research studies from outside the
Department of State to bring new ideas and provide cost-
effective solutions;
(11) include fine arts advisors as part of the design
excellence program and peer review panels for all embassy
projects; and
(12) undertake a concurrent review of the Standard Embassy
Design Program (referred to in this section as the ``SED
Program'') to determine--
(A) the best way to integrate the newly established
design excellence program with the SED Program; and
(B) modifications that need to be made to the SED
Program.
SEC. 5. ARCHITECTURAL ADVISORY BOARD.
(a) In General.--The Secretary shall reestablish the Architectural
Advisory Board (referred to in this section as the ``Board'') in order
to--
(1) advise the Department of State on design standards;
(2) recommend the most appropriate style of architecture
for prospective projects;
(3) review the quality and fitness of designs;
(4) advise on an appropriate balance and integration
between security priorities and American values of openness and
design;
(5) advise how the Department can construct new diplomatic
and consular facilities that are built to the most up-to-date
energy efficiency requirements, standards, checklists, or
rating systems, to the extent possible;
(6) advise how the Department can place diplomatic and
consular facilities in urban and city center locations, to the
extent possible--
(A) to permit greater accessibility to national
government institutions; and
(B) to facilitate ease of access for local
residents; and
(7) advise how the Department can construct new diplomatic
and consular facilities with future, projected growth needs in
mind, including growth needs for other Federal agencies.
(b) Composition.--The Board shall be composed of 5 members
appointed by the Secretary from outside the United States Government,
who are noted for their knowledge of, and experience with, architecture
and design.
(c) Deadline for Appointments.--All members of the Board shall be
appointed not later than 60 days after the date of the enactment of
this Act.
(d) Meetings.--The Board shall meet not less frequently than
semiannually at the call of the Chairperson.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Board--
(A) shall be paid compensation out of funds made
available for the purposes of this title at the daily
equivalent of the highest rate payable under section
5332 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the actual performance of duties as a member
of the Board; and
(B) while away from the member's home or regular
place of business on necessary travel in the actual
performance of duties as a member of the Board, shall
be paid per diem, travel, and transportation expenses
in the same manner as is provided under subchapter I of
chapter 57 of title 5, United States Code.
(2) Limitation.--A member of the Board may not be paid
compensation under paragraph (1)(B) for more than 90 days in
any calendar year.
(f) Exemption.--The Board shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 6. REPORT TO REVIEW THE STANDARD EMBASSY DESIGN PROGRAM.
Not later than 1 year after the date of the enactment of this Act,
the Architectural Review Board established under section 5 shall submit
to the appropriate congressional committees an assessment of the
Standard Embassy Design Program, which shall include--
(1) a comprehensive review of the Standard Embassy Design
template, including the utility of the template in overseas
contexts and general strengths, weaknesses, drawbacks, and
limitations to the template;
(2) an analysis of the cost-effectiveness and overall
utility of incorporating 1 of 4 classes of Standard Embassy
Design (small, medium, large, and extra large);
(3) an analysis of whether such approach unduly limits the
flexibility of design and responsiveness to local contexts and
priorities;
(4) a consideration of alternative approaches to enable
architects and engineers--
(A) to design embassies that reflect the unique
needs of a site at a foreign post; and
(B) to incorporate appropriate standard design and
construction components common to the building type;
(5) an examination of the effectiveness of the SED Program
in--
(A) integrating security concerns with design
considerations;
(B) ensuring an adequate growth footprint for
future embassy personnel increases;
(C) incorporating sustainable design and the most
up-to-date energy efficiency requirements, standards,
checklists, or rating systems for diplomatic and
consular facilities;
(D) allowing for open and public access; and
(E) ensuring overall design excellence; and
(6) recommendations on--
(A) the best way to integrate the newly established
Embassy Design Excellence Program with the SED Program;
and
(B) the modifications to the SED Program that are
warranted.
SEC. 7. MODIFIED SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC AND
CONSULAR FACILITIES.
(a) Sense of Congress on Co-Location and Security Requirements.--It
is the sense of Congress that--
(1) while assessing the necessity, security, and efficiency
of co-locating all United States Government personnel at a
single embassy site within a single foreign country, the
Secretary should consider placing United States Government
personnel at locations conducive to maximizing their use;
(2) while cost efficiency and security considerations may
justify the consolidation of multiple Federal departments and
agencies at a single location, such a determination should not
be made without taking into account other crucial policy
considerations;
(3) the Secretary should consider alternative location
arrangements that do not affect the strength and
appropriateness of security arrangements for United States
Government personnel;
(4) it is crucial that security standards remain uniformly
high in all locations hosting United States Government
personnel;
(5) the perimeter distance requirement under section
606(a)(3) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(3)) imposes a
uniform security standard for all diplomatic and consular
facilities regardless of country context or specific security
needs;
(6) a more nuanced approach may tailor specific security
requirements, such as perimeter distance requirements, to
particular security considerations in a given country; and
(7) while every country with diplomatic representation must
have a modern, secure, safe, and functional facility, it is
important to integrate security with the long-term impact on
the foreign policy objectives of the Department of State.
(b) Diplomatic and Consular Facilities Task Force.--
(1) In general.--The Secretary of State should establish
the Diplomatic and Consular Facilities Task Force (referred to
in this section as the ``Task Force'')--
(A) to review existing regulations, standards, and
procedures to implement paragraphs (2) and (3) of
section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and
(B) to make appropriate recommendations to modify
or revoke the regulations, standards, and procedures
under such Act.
(2) Composition.--The Task Force shall be composed of 7
members, of whom--
(A) 4 shall be senior career professionals of the
Department of State with different personnel
backgrounds; and
(B) 3 shall be professionals outside the United
States Government who are noted for their knowledge and
experience in construction and security issues.
(3) Deadline for appointments.--All members of the Task
Force shall be appointed not later than 60 days after the date
of the enactment of this Act.
(4) Exemption.--The Task Force shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).
(5) Termination.--The Task Force shall terminate on the
date on which the report is submitted to Congress under
subsection (c)(2).
(c) Reports.--
(1) Secretary of state.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that describes--
(A) the recommendations made by the Task Force
under subsection (b)(1)(B); and
(B) the impact of such recommendations on the
operations of, and security standards for, United
States diplomatic and consular facilities.
(2) Comptroller general.--Not later than 120 days after the
submission of the report under paragraph (1), the Comptroller
General of the United States shall submit a report to the
appropriate congressional committees that contains--
(A) a review of, and comments on, the
recommendations made by the Task Force under subsection
(b)(1)(B); and
(B) the Comptroller General's recommendations for
improving the security standards at all United States
diplomatic and consular facilities. | Embassy Design and Security Act of 2010 - States that it is U.S. policy to adopt design excellence as a mandate for a new generation of secure, high-performance diplomatic and consular facilities.
Urges the Secretary of State to establish: (1) a design excellence program modeled after the General Services Administration (GSA) program to integrate security, innovation, and design and construction best practices for all facilities constructed under the direction of the Bureau of Overseas Building Operations; and (2) a high-level board to track the design excellence program's progress.
Directs the Secretary to reestablish the Architectural Advisory Board to: (1) advise the Department of State on design standards; and (2) review design quality and fitness. | {"src": "billsum_train", "title": "A bill to establish a Design Excellence Program at the Department of State, to reestablish the Architectural Advisory Board, to assess the Standard Embassy Design Program, and for other purposes."} | 3,242 | 155 | 0.530182 | 1.710924 | 0.695327 | 4.765957 | 22.212766 | 0.964539 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cloning Prohibition Act of 2001''.
SEC. 2. PROHIBITION AGAINST HUMAN CLONING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding at the end the following:
``CHAPTER X--HUMAN CLONING
``prohibition against human cloning
``Sec. 1001. (a) Nuclear Transfer Technology.--
``(1) In general.--It shall be unlawful for any person--
``(A) to use or attempt to use human somatic cell
nuclear transfer technology with the intent to initiate
a pregnancy; or
``(B) to ship or transport the cellular product
resulting from human somatic cell nuclear transfer
technology knowing that the product is intended to be
used to initiate a pregnancy.
``(2) Definition.--For purposes of this section, the term
`human somatic cell nuclear transfer technology' means
transferring the nucleus of a human somatic cell into an egg
cell from which the nucleus has been removed or rendered inert.
``(b) Rule of Construction.--This section may not be construed as
applying to any of the following:
``(1) The use of somatic cell nuclear transfer technology
to clone molecules, DNA, cells, or tissues.
``(2) The use of mitochondrial, cytoplasmic, or gene
therapy.
``(3) The use of in vitro fertilization, the administration
of fertility-enhancing drugs, or the use of other medical
procedures to assist a woman in becoming or remaining pregnant.
``(4) The use of somatic cell nuclear transfer technology
to clone or otherwise create animals other than humans.
``(5) Any other activity (including biomedical,
microbiological, or agricultural research or practices) not
expressly prohibited in subsection (a).
``(c) Registration.--
``(1) In general.--Each individual who intends to perform
human somatic cell nuclear transfer technology shall, prior to
first performing such technology, register with the Secretary
his or her name and place of business (except that, in the case
of an individual who performed such technology before the date
of the enactment of the Cloning Prohibition Act of 2001, the
individual shall so register not later than 60 days after such
date). The Secretary may by regulation require that the
registration provide additional information regarding the
identity and business locations of the individual, and
information on the training and experience of the individual
regarding the performance of such technology.
``(2) Attestation.--A registration under paragraph (1)
shall include a statement, signed by the individual submitting
the registration, declaring that the individual is aware of the
prohibitions described in subsection (a) and will not engage in
any violation of such subsection.
``(3) Confidentiality.--Information provided in a
registration under paragraph (1) shall not be disclosed to the
public by the Secretary except to the extent that--
``(A) the individual submitting the registration
has in writing authorized the disclosure; or
``(B) the disclosure does not identify such
individual or any place of business of the individual.
``(d) Preemption of State Law.--This section supersedes any State
or local law that--
``(1) establishes prohibitions, requirements, or
authorizations regarding human somatic cell nuclear transfer
technology that are different than, or in addition to, those
established in subsection (a) or (c); or
``(2) with respect to humans, prohibits or restricts
research regarding or practices constituting--
``(A) somatic cell nuclear transfer;
``(B) mitochondrial or cytoplasmic therapy; or
``(C) the cloning of molecules, DNA, cells,
tissues, or organs;
except that this subsection does not apply to any State or local law
that was in effect as of the day before the date of the enactment of
the Cloning Prohibition Act of 2001.
``(e) Sunset.--This section and section 301(bb) do not apply to
any activity described in subsection (a) that occurs on or after the
expiration of the 10-year period beginning on the date of the enactment
of the Cloning Prohibition Act of 2001.
``(f) Right of Action.--This section may not be construed as
establishing any private right of action.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(bb) The violation of section 1001(a), or the failure to register
in accordance with section 1001(c).''.
(2) Criminal penalty.--Section 303(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding
at the end the following:
``(7) Notwithstanding subsection (a), any person who violates
section 301(bb) shall be imprisoned not more than 10 years or fined in
accordance with title 18, United States Code, or both.''.
(3) Civil penalty.--Section 303 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333) is amended by adding at the
end the following:
``(h)(1) Any person who violates section 301(bb) shall be liable to
the United States for a civil penalty in an amount not to exceed the
greater of--
``(A) $1,000,000; or
``(B) an amount equal to the amount of any gross pecuniary
gain derived from such violation multiplied by 2.
``(2) Paragraphs (3) through (5) of subsection (g) apply with
respect to a civil penalty under paragraph (1) of this subsection to
the same extent and in the same manner as such paragraphs (3) through
(5) apply with respect to a civil penalty under paragraph (1) or (2) of
subsection (g).''.
(4) Forfeiture.--Section 303 of the Federal Food, Drug, and
Cosmetic Act, as amended by paragraph (3), is amended by adding
at the end the following:
``(i) Any property, real or personal, derived from or used to
commit a violation of section 301(bb), or any property traceable to
such property, shall be subject to forfeiture to the United States.''.
SEC. 3. STUDY BY INSTITUTE OF MEDICINE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall request the
Institute of Medicine to enter into an agreement with the Secretary
under which such Institute conducts a study to--
(1) review the current state of knowledge about the
biological properties of stem cells obtained from embryos,
fetal tissues, and adult tissues;
(2) evaluate the current state of knowledge about
biological differences among stem cells obtained from embryos,
fetal tissues, and adult tissues and the consequences for
research and medicine; and
(3) assess what is currently known about the ability of
stem cells to generate neurons, heart, kidney, blood, liver and
other tissues and the potential clinical uses of these tissues.
(b) Other Entities.--If the Institute of Medicine declines to
conduct the study described in subsection (a), the Secretary shall
enter into an agreement with another appropriate public or nonprofit
private entity to conduct the study.
(c) Report.--The Secretary shall ensure that, not later than three
years after the date of the enactment of this Act, the study required
in subsection (a) is completed and a report describing the findings
made in the study is submitted to the Committee on Energy and Commerce
in the House of Representatives and the Committee on Health, Education,
Labor, and Pensions in the Senate. | Cloning Prohibition Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from: (1) using or attempting to use human somatic cell nuclear transfer technology with the intent to initiate a pregnancy; or (2) shipping or transporting the cellular product resulting from such technology knowing that it is intended for such use.Sets forth registration requirements for individuals who intend to perform human somatic cell nuclear transfer technology, including attesting that such prohibitions will not be violated.Directs the Secretary of Health and Human Services to request the Institute of Medicine to enter into an agreement to conduct a study to: (1) review the current state of knowledge about the biological properties of stem cells obtained from embryos and fetal and adult tissues; (2) evaluate the current state of knowledge about biological differences among stem cells obtained from embryos and fetal and adult tissues and the consequences for research and medicine; and (3) assess what is currently known about the ability of stem cells to generate neurons, heart, kidney, blood, liver, and other tissues and the potential clinical uses of these tissues. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the cloning of humans, and for other purposes."} | 1,777 | 232 | 0.613862 | 1.728557 | 0.983856 | 6 | 7.584112 | 0.934579 |
SECTION 1. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Secure payments.--
(A) In general.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7111) is amended, in subsections (a) and
(b), by striking ``2015'' each place it appears and
inserting ``2017''.
(B) Special rule for fiscal year 2016 payments.--
Section 101 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7111) is
amended by adding at the end the following:
``(d) Special Rule for Fiscal Year 2016 Payments.--
``(1) State payment.--If an eligible county in a State that
will receive a share of the State payment for fiscal year 2016
has already received, or will receive, a share of the 25-
percent payment for fiscal year 2016 distributed to the State
before the date of enactment of this subsection, the amount of
the State payment shall be reduced by the amount of the share
of the eligible county of the 25-percent payment.
``(2) County payment.--If an eligible county that will
receive a county payment for fiscal year 2016 has already
received a 50-percent payment for fiscal year 2016, the amount
of the county payment shall be reduced by the amount of the 50-
percent payment.
``(3) Prompt payment.--Not later than 45 days after the
date of enactment of this subsection, the Secretary of the
Treasury shall make all payments under this title for fiscal
year 2016.''.
(2) Payments to states and counties.--
(A) Election to receive payment amount.--Section
102(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(b)) is
amended--
(i) in paragraph (1), by striking
subparagraph (C) and inserting the following:
``(C) Payments for fiscal years 2014 through
2017.--The election otherwise required by subparagraph
(A) shall not apply for each of fiscal years 2014
through 2017.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``fiscal years 2014 and 2015''
and inserting ``each of fiscal years
2014 through 2017''; and
(II) in subparagraph (B), by
striking ``2015'' and inserting
``2017''.
(B) Expenditure rules for eligible counties.--
Section 102(d) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7112(d)) is amended--
(i) in paragraph (1), by striking
subparagraph (E) and inserting the following:
``(E) Payments for fiscal years 2014 through
2017.--The election made by an eligible county under
subparagraph (B), (C), or (D) for fiscal year 2013, or
deemed to be made by the county under paragraph (3)(B)
for that fiscal year, shall be effective for each of
fiscal years 2014 through 2017.''; and
(ii) in paragraph (3)--
(I) in subparagraph (B)(ii), by
striking ``purpose described in section
202(b)'' and inserting ``purposes
described in section 202(b), section
203(c), or section 204(a)(5)''; and
(II) by striking subparagraph (C)
and inserting the following:
``(C) Payments for fiscal years 2014 through
2017.--This paragraph does not apply for each of fiscal
years 2014 through 2017.''.
(C) Treatment as supplemental funding.--Section 102
of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112) is amended
by adding at the end the following:
``(f) Treatment as Supplemental Funding.--None of the funds made
available to an eligible county under this Act may be used in lieu of,
or to otherwise offset, a State funding source for a local school,
facility, or educational purpose.''.
(D) Distribution of payments to eligible
counties.--Section 103(d)(2) of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7113(d)(2)) is amended by striking ``2015''
and inserting ``2017''.
(b) Continuation of Authority To Conduct Special Projects on
Federal Land.--
(1) Repeal of contracting pilot program.--Section 204(e) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph
(3).
(2) Resource advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012''
each place it appears and inserting ``2017''.
(3) Availability of project funds.--Section 207(d)(2) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking
``subparagraph (B)'' and inserting ``subparagraph (B)(i),
(B)(ii),''.
(4) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2017'' and
inserting ``2019''; and
(B) in subsection (b), by striking ``2018'' and
inserting ``2020''.
(c) Termination of Authority.--Section 304 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144)
is amended--
(1) in subsection (a), by striking ``2017'' and inserting
``2019''; and
(2) in subsection (b), by striking ``2018'' and inserting
``2020''.
(d) Offset.--It is the sense of the House of Representatives that
the costs of carrying out this section and the amendments made by this
section will be offset. | This bill extends the Secure Rural Schools and Community Self-Determination Act of 2000 through FY2017, including provisions concerning secure payments to eligible states, territories, and counties containing federal land. The bill: (1) sets forth special rules for state and county payments for FY2016, and (2) requires all FY2016 payments to be made within 45 days of enactment of this bill. No funds made available to eligible counties under such Act may be used in lieu of, or to otherwise offset, a state funding source for a local school, facility, or educational purpose. The merchantable timber contracting pilot program is repealed. The bill extends through FY2019 the authority under such Act to initiate special projects on such federal lands and certain county activities. | {"src": "billsum_train", "title": "To extend the Secure Rural Schools and Community Self-Determination Act of 2000."} | 1,498 | 158 | 0.526028 | 1.434953 | 0.731644 | 3.650685 | 8.582192 | 0.760274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Military Families Act of
2009''.
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
SEC. 101. DEFINITION OF COVERED ACTIVE DUTY.
(a) Definition.--Section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Covered active duty.--The term `covered active duty'
means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country under a call or order to active duty
under a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code.''; and
(2) by striking paragraph (15) and redesignating paragraphs
(16) through (19) as paragraphs (15) through (18),
respectively.
(b) Leave.--Section 102 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(E)--
(A) by striking ``active duty'' each place it
appears and inserting ``covered active duty''; and
(B) by striking ``in support of a contingency
operation''; and
(2) in subsection (e)(3)--
(A) in the paragraph heading, by striking ``active
duty'' and inserting ``covered active duty'';
(B) by striking ``active duty'' each place it
appears and inserting ``covered active duty''; and
(C) by striking ``in support of a contingency
operation''.
(c) Conforming Amendment.--Section 103(f) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection
heading, by striking ``Active Duty'' each place it appears and
inserting ``Covered Active Duty''.
SEC. 102. DEFINITION OF COVERED SERVICEMEMBER.
Paragraph (15) of section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611) (as redesignated by section 101) is amended to
read as follows:
``(15) Covered servicemember.--The term `covered
servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical
treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy.''.
SEC. 103. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.
Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611) is further amended by striking paragraph (18) (as redesignated by
section 101) and inserting the following:
``(18) Serious injury or illness.--The term `serious injury
or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period
described in paragraph (15)(B), means an injury or
illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was
aggravated by service in line of duty on active duty in
the Armed Forces) and that manifested itself before or
after the member became a veteran.
``(19) Veteran.--The term `veteran' has the meaning given
the term in section 101 of title 38, United States Code.''.
SEC. 104. TECHNICAL AMENDMENT.
Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(e)(2)(A)) is amended by striking ``or parent'' and
inserting ``parent, or next of kin''.
SEC. 105. REGULATIONS.
The Secretary of Labor, after consultation with the Secretary of
Defense and Secretary of Veterans Affairs, shall prescribe such
regulations as are necessary to carry out the amendments made by this
title.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
SEC. 201. EXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED ACTIVE DUTY.
(a) Definition.--Section 6381(7) of title 5, United States Code, is
amended to read as follows:
``(7) the term `covered active duty' means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country under a call or order to active duty
under a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code;''.
(b) Leave.--Section 6382 of title 5, United States Code, is
amended--
(1) in subsection (a)(1), by adding at the end the
following:
``(E) Because of any qualifying exigency arising out of the
fact that the spouse, or a son, daughter, or parent of the
employee is on covered active duty (or has been notified of an
impending call or order to covered active duty) in the Armed
Forces.'';
(2) in subsection (b)(1), by inserting after the second
sentence the following: ``Subject to subsection (e)(3) and
section 6383(f), leave under subsection (a)(1)(E) may be taken
intermittently or on a reduced leave schedule.'';
(3) in subsection (d), by striking ``or (D)'' and inserting
``(D), or (E)''; and
(4) in subsection (e), by adding at the end the following:
``(3) In any case in which the necessity for leave under subsection
(a)(1)(E) is foreseeable, whether because the spouse, or a son,
daughter, or parent, of the employee is on covered active duty, or
because of notification of an impending call or order to covered active
duty, the employee shall provide such notice to the employer as is
reasonable and practicable.''.
(c) Certification.--Section 6383(f) of title 5, United States Code,
is amended by striking ``section 6382(a)(3)'' and inserting ``paragraph
(1)(E) or (3) of section 6382(a)''.
SEC. 202. DEFINITION OF COVERED SERVICEMEMBER.
Paragraph (8) of section 6381 of title 5, United States Code, is
amended to read as follows:
``(8) the term `covered servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical
treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy;''.
SEC. 203. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.
Section 6381 of title 5, United States Code, is further amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) by striking paragraph (11) and inserting the following:
``(11) the term `serious injury or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period
described in paragraph (8)(B), means an injury or
illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was
aggravated by service in line of duty on active duty in
the Armed Forces) and that manifested itself before or
after the member became a veteran; and
``(12) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.''.
SEC. 204. TECHNICAL AMENDMENT.
Section 6382(e)(2)(A) of title 5, United States Code, is amended by
striking ``or parent'' and inserting ``parent, or next of kin''.
SEC. 205. REGULATIONS.
The Office of Personnel Management, after consultation with the
Secretary of Defense and Secretary of Veterans Affairs, shall prescribe
such regulations as are necessary to carry out the amendments made by
this title. | Supporting Military Families Act of 2009 - Amends the Family and Medical Leave Act of 1993 to revise its requirements for exigency leave with respect to employees belonging to the family of members of the Armed Forces, particularly the requirement that an employee's spouse, son, daughter, or parent be on active duty in the Armed Forces in support of a contingency operation. Repeals the condition "in support of a contingency operation," and requires only that the Armed Forces member be on duty during deployment to a foreign country.
Entitles to coverage by the Act an eligible employee who is a family member caring for a veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness who was a member of the Armed Forces (or of the National Guard or Reserves) at any time during the five-year period preceding the date on which the veteran undergoes that treatment, recuperation, or therapy.
Defines a veteran's serious injury or illness of a veteran to be one: (1) incurred by the veteran as an Armed Forces member in the line of duty while on active duty in the Armed Forces, or which existed before the beginning of the member's active duty but was aggravated by service in line of duty on active duty in the Armed Forces; and (2) that manifested itself before or after the Armed Forces member became a veteran.
Amends federal civil service law to entitle civilian federal employees to the same leave allowance with respect to family members who are: (1) members of the Armed Forces in deployment to a foreign country; or (2) ill or injured veterans for whom they are caring. | {"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to provide leave for family members of members of regular components of the Armed Forces, and leave to care for covered veterans, and for other purposes."} | 2,555 | 371 | 0.555061 | 1.621915 | 0.690209 | 3.580952 | 6.996825 | 0.869841 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(2) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--In addition to positions authorized before
the date of the enactment of this Act and any existing officer
vacancies within United States Customs and Border Protection on such
date, the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, hire, train, and
assign to duty, by not later than September 30, 2016, the following:
(1) Five thousand full-time Customs and Border Protection
officers to serve on all inspection lanes (primary, secondary,
incoming, and outgoing) and enforcement teams at United States
land ports of entry on the Northern border and the Southern
border.
(2) Three hundred fifty full-time support staff for all
United States ports of entry.
(b) Waiver of FTE Limitation.--The Secretary of Homeland Security
may waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security in order to
fulfill the requirements under subsection (a).
(c) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit a report containing the Department of
Homeland Security's plans for ensuring the placement of
sufficient United States Customs and Border Protection officers
on outbound inspections, and adequate outbound infrastructure,
at all Southern border land ports of entry to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Agricultural specialists.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of
Agriculture, shall submit a report to the committees set forth
in paragraph (1) that contains plans for ensuring the placement
of sufficient agriculture specialists at all Southern border
land ports of entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security shall submit a
report to the committees set forth in paragraph (1) that--
(A) details the Department of Homeland Security's
implementation plan for staff enhancements required
under subsection (a)(1);
(B) includes the number of additional personnel
assigned to duty at land ports of entry by location;
and
(C) describes the methodology used to determine the
distribution of additional personnel to address
northbound and southbound cross-border inspections.
SEC. 4. SECURE COMMUNICATIONS AND DETECTION EQUIPMENT FOR BORDER
PERSONNEL.
(a) Secure Communication.--The Secretary of Homeland Security shall
ensure that each United States Customs and Border Protection officer is
equipped with a secure 2-way communication and satellite-enabled
device, supported by system interoperability, that allows United States
Customs and Border Protection officers to communicate between ports of
entry and inspection stations, and with other Federal, State, local,
and tribal law enforcement entities.
(b) Border Area Security Initiative Grant Program.--The Secretary
of Homeland Security shall establish a program for awarding grants for
the purchase of detection equipment at land ports of entry and mobile,
hand-held, 2-way communication and biometric devices for State and
local law enforcement officers serving on the Southern border.
SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF
ENTRY.
(a) In General.--In order to aid in the enforcement of Federal
customs, immigration, and agriculture laws, the Commissioner of U.S.
Customs and Border Protection may--
(1) design, construct, and modify land ports of entry and
other structures and facilities, including living quarters for
officers, agents, and personnel;
(2) acquire, by purchase, donation, exchange or otherwise,
land or any interest in land determined to be necessary to
carry out the Commissioner's duties under this section; and
(3) construct additional ports of entry along the Southern
border and the Northern border.
(b) Consultation.--
(1) Locations for new ports of entry.--The Secretary of
Homeland Security is encouraged to consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
State, the International Boundary and Water Commission, the
International Joint Commission, and appropriate representatives
of States, local governments, Indian tribes, and property
owners--
(A) to determine locations for new ports of entry;
and
(B) to minimize adverse impacts from such ports on
the environment, historic and cultural resources,
commerce, and quality of life for the communities and
residents located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality and validity of any
determination under this Act by the Secretary; or
(C) to affect any consultation requirement under
any other law.
SEC. 6. AUTHORITY TO ACQUIRE LEASEHOLDS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security may acquire a leasehold interest in real property,
and may construct or modify any facility on the leased property, if the
Secretary determines that the acquisition of such interest, and such
construction or modification, are necessary to facilitate the
implementation of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $6,000,000,000 to carry out
this Act during the 6-year period beginning on October 1, 2011, of
which $30,000,000 shall be used for grants authorized under section
4(b).
SEC. 8. RESCISSION OF UNOBLIGATED FEDERAL FUNDS.
(a) In General.--There is hereby rescinded, from appropriated
discretionary funds that remain available for obligation as of the date
of the enactment of this Act (other than the unobligated funds covered
by subsection (d)), amounts determined by the Director of the Office of
Management and Budget such that the aggregate amount of the rescission
equals the amount authorized to be appropriated under section 7.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify--
(1) the appropriation accounts from which the rescission
under subsection (a) shall apply; and
(2) the amount of the rescission that shall be applied to
each such account.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director of the Office of Management and Budget shall
submit to Congress and the Secretary of the Treasury a report that
describes the accounts and amounts determined and identified under
subsection (b) for rescission under subsection (a).
(d) Exceptions.--This section shall not apply to unobligated funds
of--
(1) the Department of Defense;
(2) the Department of Veterans Affairs; or
(3) the Department of Homeland Security. | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2011 - Directs the Secretary of Homeland Security (DHS) to hire, by the end of FY2016, an additional: (1) 5,000 full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders of the United States, and (2) 350 full-time support staff for all U.S. ports of entry.
Directs the Secretary to: (1) equip each CBP officer with a secure communication and satellite-enabled device that allows communication between ports of entry and inspection stations, and with federal, state, local, and tribal law enforcement entities; and (2) establish a grant program for the purchase of detection equipment at land ports of entry and communication and biometric devices for state and local law enforcement officers serving on the southern border.
Authorizes: (1) the Commissioner of CBP to construct land ports of entry, acquire necessary land or land interests, and construct additional ports of entry along the borders; and (2) the Secretary to acquire necessary real property leaseholds.
Authorizes appropriations. Rescinds specified funds equal to such appropriations. | {"src": "billsum_train", "title": "A bill to provide additional resources and funding for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and for other purposes."} | 1,654 | 260 | 0.580193 | 1.638702 | 0.745728 | 4.174468 | 6.497872 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Housing Subsidies for the Rich
Act of 2016''.
SEC. 2. LIMITATION ON PUBLIC HOUSING TENANCY FOR OVER-INCOME FAMILIES.
Section 16(a) of the United States Housing Act of 1937 (42 U.S.C.
1437n(a)) is amended by adding at the end the following:
``(5) Limitations on tenancy for over-income families.--
``(A) Limitations.--Except as provided in
subparagraph (B), in the case of any family residing in
a dwelling unit of public housing whose income for the
most recent 2 consecutive years, as determined pursuant
to income reviews conducted under section 3(a)(1), has
exceeded the applicable income limitation under
subparagraph (D), the public housing agency shall
terminate the tenancy of the family in public housing
not later than 6 months after the income determination.
``(B) Exception.--A family described in
subparagraph (A) may continue to occupy the dwelling
unit of public housing on a month-to-month basis if--
``(i) the public housing agency charges the
family as monthly rent for the dwelling unit an
amount equal the applicable fair market rental
established under section 8(c) for a dwelling
unit in the same market area of the same size;
and
``(ii) there are no eligible families
applying for housing assistance from the public
housing agency for that month and the agency
provides not less than 30-day public notice of
the availability of such assistance.
``(C) Notice.--In the case of any family residing
in a dwelling unit of public housing whose income for a
year has exceeded the applicable income limitation
under subparagraph (D), upon the conclusion of that
year the public housing agency shall provide written
notice to the family of the requirements under
subparagraph (A).
``(D) Income limitation.--The income limitation
under this subparagraph shall be 120 percent of the
median income for the area, as determined by the
Secretary with adjustments for smaller and larger
families.
``(E) Reports on over-income families and waiting
lists.--The Secretary shall require that each public
housing agency shall--
``(i) submit a report annually, in a format
required by the Secretary, that specifies--
``(I) the number of families
residing, as of the end of the year for
which the report is submitted, in
public housing administered by the
agency who had incomes exceeding the
applicable income limitation under
subparagraph (D); and
``(II) the number of families, as
of the end of the year for which the
report is submitted year, on the
waiting lists for admission to public
housing dwelling units of the agency;
and
``(ii) make the information reported
pursuant to clause (i) publicly available.''.
SEC. 3. LIMITATION ON ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended by inserting after subsection (d) the following:
``(e) Eligibility for Assistance Based on Assets.--
``(1) Limitation on assets.--Subject to paragraph (3) and
notwithstanding any other provision of this Act, a dwelling
unit assisted under this Act may not be rented and assistance
under this Act may not be provided, either initially or at each
recertification of family income, to any family--
``(A) whose net family assets exceed $100,000, as
such amount is adjusted annually by applying an
inflationary factor as the Secretary considers
appropriate; or
``(B) who has a present ownership interest in, a
legal right to reside in, and the effective legal
authority to sell, real property that is suitable for
occupancy by the family as a residence, except that the
prohibition under this subparagraph shall not apply
to--
``(i) any property for which the family is
receiving assistance under subsection (y) or
(o)(12) of section 8;
``(ii) any person that is a victim of
domestic violence; or
``(iii) any family that is offering such
property for sale.
``(2) Net family assets.--
``(A) In general.--For purposes of this subsection,
the term `net family assets'--
``(i) means, for all members of the
household, the net cash value of all assets
after deducting reasonable costs that would be
incurred in disposing of real property,
savings, stocks, bonds, and other forms of
capital investment; and
``(ii) does not include interests in Indian
trust land, equity in property for which the
family is receiving assistance under subsection
(y) or (o)(12) of section 8, equity accounts in
homeownership programs of the Department of
Housing and Urban Development, or Family Self
Sufficiency accounts.
``(B) Exclusions.--Such term does not include--
``(i) the value of personal property,
except for items of personal property of
significant value, as the Secretary may
establish or the public housing agency may
determine;
``(ii) the value of any retirement account;
``(iii) real property for which the family
does not have the effective legal authority
necessary to sell such property;
``(iv) any amounts recovered in any civil
action or settlement based on a claim of
malpractice, negligence, or other breach of
duty owed to a member of the family and arising
out of law, that resulted in a member of the
family being disabled;
``(v) the value of any Coverdell education
savings account under section 530 of the
Internal Revenue Code of 1986 or any qualified
tuition program under section 529 of such Code;
and
``(vi) such other exclusions as the
Secretary may establish.
``(C) Trust funds.--In cases in which a trust fund
has been established and the trust is not revocable by,
or under the control of, any member of the family or
household, the value of the trust fund shall not be
considered an asset of a family if the fund continues
to be held in trust. Any income distributed from the
trust fund shall be considered income for purposes of
section 3(b) and any calculations of annual family
income, except in the case of medical expenses for a
minor.
``(3) Self-certification.--
``(A) Net family assets.--A public housing agency
or owner may determine the net assets of a family, for
purposes of this section, based on a certification by
the family that the net assets of such family do not
exceed $50,000, as such amount is adjusted annually by
applying an inflationary factor as the Secretary
considers appropriate.
``(B) No current real property ownership.--A public
housing agency or owner may determine compliance with
paragraph (1)(B) based on a certification by the family
that such family does not have any current ownership
interest in any real property at the time the agency or
owner reviews the family's income.
``(C) Standardized forms.--The Secretary may
develop standardized forms for the certifications
referred to in subparagraphs (A) and (B).
``(4) Compliance for public housing dwelling units.--When
recertifying family income with respect to families residing in
public housing dwelling units, a public housing agency may, in
the discretion of the agency and only pursuant to a policy that
is set forth in the public housing agency plan under section 5A
for the agency, choose not to enforce the limitation under
paragraph (1).
``(5) Enforcement.--When recertifying the income of a
family residing in a dwelling unit assisted under this Act, a
public housing agency or owner may choose not to enforce the
limitation under paragraph (1) or may establish exceptions to
such limitation based on eligibility criteria, but only
pursuant to a policy that is set forth in the public housing
agency plan under section 5A for the agency or under a policy
adopted by the owner. Eligibility criteria for establishing
exceptions may provide for separate treatment based on family
type and may be based on different factors, such as age,
disability, income, the ability of the family to find suitable
alternative housing, and whether supportive services are being
provided.
``(6) Authority to delay evictions.--In the case of a
family residing in a dwelling unit assisted under this Act who
does not comply with the limitation under paragraph (1), the
public housing agency or project owner may delay eviction or
termination of the family based on such noncompliance for a
period of not more than 6 months.
``(7) Verifying income.--
``(A) Beginning in fiscal year 2018, the Secretary
shall require public housing agencies to require each
applicant for, or recipient of, benefits under this Act
to provide authorization by the applicant or recipient
(or by any other person whose income or resources are
material to the determination of the eligibility of the
applicant or recipient for such benefits) for the
public housing agency to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the
Right to Financial Privacy Act (12 U.S.C. 3415(a)))
from any financial institution (within the meaning of
section 1101(1) of such Act (12 U.S.C. 3401(1))) any
financial record (within the meaning of section 1101(2)
of such Act (12 U.S.C. 3401(2))) held by the
institution with respect to the applicant or recipient
(or any such other person) whenever the public housing
agency determines the record is needed in connection
with a determination with respect to such eligibility
or the amount of such benefits.
``(B) Notwithstanding section 1104(a)(1) of the
Right to Financial Privacy Act (12 U.S.C. 3404(a)(1)),
an authorization provided by an applicant or recipient
(or any other person whose income or resources are
material to the determination of the eligibility of the
applicant or recipient) pursuant to subparagraph (A) of
this paragraph shall remain effective until the
earliest of--
``(i) the rendering of a final adverse
decision on the applicant's application for
eligibility for benefits under this Act;
``(ii) the cessation of the recipient's
eligibility for benefits under this Act; or
``(iii) the express revocation by the
applicant or recipient (or such other person
referred to in subparagraph (A)) of the
authorization, in a written notification to the
Secretary.
``(C)(i) An authorization obtained by the public
housing agency pursuant to this paragraph shall be
considered to meet the requirements of the Right to
Financial Privacy Act for purposes of section 1103(a)
of such Act (12 U.S.C. 3403(a)), and need not be
furnished to the financial institution, notwithstanding
section 1104(a) of such Act (12 U.S.C. 3404(a)).
``(ii) The certification requirements of section
1103(b) of the Right to Financial Privacy Act (12
U.S.C. 3404(b)) shall not apply to requests by the
public housing agency pursuant to an authorization
provided under this clause.
``(iii) A request by the public housing agency
pursuant to an authorization provided under this clause
is deemed to meet the requirements of section
1104(a)(3) of the Right to Financial Privacy Act (12
U.S.C. 3404(a)(3)) and the flush language of section
1102 of such Act (12 U.S.C. 3402).
``(iv) The public housing agency shall inform any
person who provides authorization pursuant to this
paragraph of the duration and scope of the
authorization.
``(D) If an applicant for, or recipient of,
benefits under this Act (or any such other person
referred to in subparagraph (A)) refuses to provide, or
revokes, any authorization made by the applicant or
recipient for the public housing agency to obtain from
any financial institution any financial record, the
public housing agency may, on that basis, determine
that the applicant or recipient is ineligible for
benefits under this title.''. | End Housing Subsidies for the Rich Act of 2016 This bill amends the United States Housing Act of 1937 to revise eligibility requirements for assisted housing. If a public housing agency (PHA) determines that a tenant's income is greater than 120% of the area median income for two consecutive years, the PHA must terminate the family's tenancy within six months. Such a family may, however, continue to occupy the dwelling unit month-to-month if: the PHA charges the family the fair market rent, and there are no eligible families applying for housing assistance from the PHA for that month and the agency provides at least a 30-day public notice of the availability of such assistance. A PHA may not rent a dwelling unit to or assist families with net family assets exceeding $100,000 annually (adjusted for inflation) or an ownership interest in property that is suitable for occupancy. This restriction does not apply to victims of domestic violence, individuals using housing assistance for homeownership opportunities, or a family that is offering a property for sale. PHAs must require applicants to authorize financial institutions to disclose records necessary to determine eligibility for benefits. | {"src": "billsum_train", "title": "End Housing Subsidies for the Rich Act of 2016"} | 2,687 | 249 | 0.567232 | 1.567186 | 0.793923 | 2.588235 | 11.357466 | 0.850679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Columbia River Habitat Protection
and Recreational Access Act of 1997''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The 51-mile stretch of the Columbia River, known as the
``Hanford Reach'', provides 80 percent of the fall Chinook
salmon in the river system, critical habitat for wildlife, a
high-quality waterfowl sanctuary, as well as numerous scenic,
historic, and recreational opportunities for the public.
(2) In 1996 Congress, through Public Law 104-333,
prohibited damming, dredging, channeling, or other such
activities along the Hanford Reach in order to help preserve
and protect the unique environmental benefits of the region.
(3) The lands surrounding the Hanford Reach area of the
Columbia River, Washington, should be properly managed in order
to protect plant, fish, wildlife, cultural, recreational, and
scenic resources, while preserving access to these lands.
(4) Recognizing the unique and pristine values of the area,
local citizens in cooperation with Federal and State
authorities have developed a comprehensive protection plan
which has enhanced salmon habitat along the Hanford Reach. This
plan, known as the Vernita Bar Agreement, has preserved the
free flowing, riparian character of the Hanford Reach, and
serves as a blueprint for further successful management along
the Columbia River.
(5) Although dozens of local, State, and Federal
environmental protection and management laws and regulations
exist for the Hanford Reach, management efforts can be better
integrated and can lead to more efficient use of public
resources and improved habitat and recreation management.
(6) Several of the areas adjacent to the Hanford Reach of
the Columbia River, including lands known as the Wahluke Slope,
currently owned by the United States, have been extensively
studied and reviewed through environmental impact statements
and have been declared environmentally sound and certified
suitable for conveyance.
(7) Inasmuch as Federal financial resources are
constrained, joint partnerships among Federal, State, and local
entities can provide long-term habitat and wildlife management,
maintain recreational opportunities, and develop a responsible
and environmentally sound local land use plan for the region.
(8) The people and the governments of Benton, Franklin,
Grant, and Adams Counties desire to enter into such a
partnership with the State of Washington and the United States
to ensure the continued protection of plant, fish, wildlife,
cultural, recreational, and scenic resources on the lands
surrounding the Hanford Reach.
(9) Such a cooperative partnership will provide a forum for
public input from the entire region and ensure the long-term
protection of the river as wild, scenic, and accessible.
(10) Congress recommends the formation of a commission, of
which a majority of the members of such a commission represent
the local entities, to ensure that the above goals are achieved
and to maintain maximum involvement by the citizens of Benton,
Franklin, Grant, and Adams Counties.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of Energy;
(2) the term ``Hanford Works'' means the property
represented as ``Department of Energy'' under the Land Status
Legend on the Bureau of Land Management topographic map of
Priest Rapids, Washington, Edition-1991; and
(3) the term ``Commission'' means the Hanford Reach
Protection and Management Commission.
SEC. 4. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.
(a) Authority.--As soon as practicable after the date of the
enactment of this Act, the Secretary for no consideration shall convey
to the governmental entities referred to in subsection (b) all right,
title, and interest of the United States in and to the properties
described in subsection (b).
(b) Conveyances.--
(1) State of washington.--The Secretary shall convey to the
State of Washington the property that consists of the portion
of the Hanford Works that runs along both banks of the Columbia
River and lies within the one quarter mile to the north of the
mean high water mark on the north bank of the Columbia River,
and that lies within the one quarter mile to the south of the
mean high water mark on the south bank of the Columbia River.
(2) Adams county, washington.--The Secretary shall convey
to Adams County, Washington, the property that consists of the
portion of the Hanford Works that lies within Adams County,
Washington.
(3) Grant county, washington.--The Secretary shall convey
to Grant County, Washington, the property that consists of the
portion of the Hanford Works that lies within Grant County,
Washington, to the north of the Columbia River and that is not
part of the conveyance made pursuant to paragraph (1) of this
subsection.
(4) Franklin county, washington.--The Secretary shall
convey to Franklin County, Washington, the property that
consists of the portion of Hanford Works that lies within
Franklin County, Washington, to the north of the Columbia River
and that is not part of the conveyance made pursuant to
paragraph (1) of this subsection.
(5) Additional properties.--In addition to properties
described in paragraphs (1) through (4), the Secretary may
convey to a State or local government referred to in paragraphs
(1) through (4) such property within the Hanford Works as the
Secretary and the State or local government agree is
appropriate to carry out this Act.
SEC. 5. TERMS AND CONDITIONS.
(a) Special Rules for State of Washington.--
(1) Environmental safety.--The conveyance made under
section 4(b)(1) shall be made only after the Administrator of
the Environmental Protection Agency certifies to the Secretary
that--
(A) the properties described in section 4(b)(1) are
clean of hazardous, toxic, or radioactive materials or
substances;
(B) all corrective, remedial, or response actions
have been completed; and
(C) all obligations of the Secretary at the Hanford
Nuclear Reservation under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and other applicable
laws have been fulfilled.
(2) Federal leaseholds.--Any leasehold interest by any
agency of the United States on lands described under section
4(b) shall terminate upon enactment of this Act, and such
interest shall be transferred pursuant to section 4.
(3) Water rights and utility easements.--The conveyances
under section 4 shall be made subject to all existing water
rights and all easements and rights of any public and private
utility districts which operate and maintain transmission and
generation facilities along the lands described under section
4.
(b) Establishment of Hanford Reach Protection and Management
Commission.--Not later than 6 months after the conveyances under
section 4(b)(1) are made, the State of Washington shall enter into a
written joint agreement with the governments of Benton, Franklin, and
Grant Counties to establish the Hanford Reach Protection and Management
Commission as follows:
(1) Membership appointment.--The Commission shall be
composed of 7 members. As soon as practicable, but not more
than 6 months after the date of the enactment of this Act, the
members shall be appointed as follows:
(A) One member who shall be a resident of Benton
County, appointed by the government of such county.
(B) One member who shall be a resident of Franklin
County, appointed by the government of such county.
(C) One member who shall be a resident of Grant
County, appointed by the government of such county.
(D) One member who shall be a resident of the State
of Washington, appointed by the Governor of the State
of Washington.
(E) One member who shall be a resident of the State
of Washington, appointed by the Secretary of Energy.
(F) One member who shall be a resident of the State
of Washington, appointed by the Secretary of the
Interior.
(G) One member who shall be a resident of any
county in the State of Washington through or along
which the Columbia River runs, appointed by a majority
vote of the other members of the Commission.
(2) Terms of office.--The length of the terms of office of
the members appointed under (1) shall be fixed by each
appointing governmental entity at the time of appointment, but
no term shall exceed 4 years.
(3) Vacancy.--Any vacancy that may occur prior to the
expiration of a member's term shall be filled for the balance
of such term by appointment made by the entity which appointed
the vacating member.
(4) Restriction.--Except as provided herein, no person
shall be appointed to the Commission who is an employee, agent,
or independent contractor of the United States or any agency
thereof.
(5) Failure to appoint.--In the event a member has not been
appointed within 6 months of the establishment of the
Commission, any such vacancy shall be filled by joint
appointment by the governments of Benton, Franklin, and Grant
Counties.
(6) Establishment of commission authority.--As soon as
practicable after the appointment of a majority of the members
of the Commission, such members shall be authorized to convene
meetings of the Commission and to adopt rules and provisions
governing the administration, voting, meeting, terms of
service, and finances of the Commission. The first meeting
shall be held no later than 1 year from the date of the
establishment of the Commission.
(7) Development of hanford reach protection and management
plan.--
(A) The primary duty of the Commission shall be to
develop and implement a plan to manage the lands
conveyed pursuant to section 4(b)(1) to protect and
enhance plant resources, fish and wildlife resources,
cultural resources, recreational access, and other uses
or resources prescribed by the Commission.
(B) From the date the conveyances under section
4(b)(1) are made until such time as a permanent
protection and management plan is approved by the
Commission, the lands conveyed pursuant to such section
shall be managed under an interim management plan
approved by the governments of Benton, Franklin, and
Grant Counties, which shall be consistent with the
purposes of this Act.
(c) Nonperformance of State of Washington, Transfer to and
Management by Counties Authorized.--If the State of Washington does not
fulfill its obligations under subsection (b), all right, title, and
interest to the property conveyed pursuant to section 4(b)(1) shall be
transferred to the counties, with the consent of such counties, in
which the lands are situated in order to carry out the purposes of this
Act, and the governments of such counties shall jointly establish the
Commission pursuant to subsection (b) and to provide for the management
of the lands conveyed pursuant to section 4(b)(1).
(d) Reversion and Right To Reenter.--If the State of Washington
does not fulfill its obligations under subsection (b), and if the
governments of Benton, Franklin, and Grant Counties do not fulfill
their obligations under subsection (c), all right, title, and interest
to the property conveyed pursuant to section 4(b)(1) shall revert to
the United States and the United States shall have the right of
immediate entry thereon.
(e) Use of Federal Resources Authorized.--The Secretary of the
Interior may enter into agreements with the State of Washington and the
governmental entities referred to in paragraphs (1) through (4) of
section 4(b) to allow the utilization of personnel, and the provision
of technical and financial assistance from the United States Fish and
Wildlife Service to assist the county governments in the administration
and management of the lands transferred under this Act.
(f) Special Rule for Adams County, Grant County, and Franklin
County.--The properties described under paragraphs (2) through (4) of
section 4(b) shall be conveyed only after Adams County, Grant County,
and Franklin County, Washington, have submitted a written report to the
Secretary of the Interior which shall include--
(1) a risk analysis of debris slides in the White Bluffs
Wasteway;
(2) any recommendations necessary to address the risk of
such slides; and
(3) a comprehensive land use plan of the Wahluke Slope. | Columbia River Habitat Protection and Recreational Access Act of 1997 - Directs the Secretary of Energy to convey to the State of Washington and to Adams, Grant, and Franklin counties in Washington specified portions of the Hanford Works, an area of property along the Columbia River in Washington. Allows such conveyances only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area.
Directs the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a 51-mile stretch of land along the Columbia River containing fish, wildlife, and other resources).
Requires Adams, Grant, and Franklin Counties to submit to the Secretary: (1) a risk analysis of debris slides in the White Bluffs Wasteway; and (2) a comprehensive land use plan of the Wahluke Slope. | {"src": "billsum_train", "title": "Columbia River Habitat Protection and Recreational Access Act of 1997"} | 2,620 | 250 | 0.631282 | 2.037128 | 0.836052 | 4.137778 | 11.142222 | 0.937778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developmental Disability Endowment
Act''.
SEC. 2. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART IX--STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS
``Sec. 531. State developmental
disabilities endowment
programs.
``SEC. 531. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS.
``(a) General rule.--A qualified State developmental disabilities
endowment program shall be exempt from taxation under this subtitle.
Notwithstanding the preceding sentence, such program shall be subject
to the taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable organizations).
``(b) Qualified State Developmental Disabilities Endowment
Program.--For purposes of this section--
``(1) In general.--The term `qualified State developmental
disabilities endowment program' means a program established and
maintained by a State or agency or instrumentality thereof--
``(A) under which a person may make contributions
to an account which is established for the purpose of
providing qualified services to the designated
beneficiary of the account, and
``(B) which meets the other requirements of this
subsection.
``(2) Cash contributions.--A program shall not be treated
as a qualified State developmental disabilities endowment
program unless it provides that contributions may only be made
in cash.
``(3) Refunds.--A program shall not be treated as a
qualified State developmental disabilities endowment program
unless it imposes a more than de minimis penalty on any refund
of earnings from the account which are not--
``(A) used for qualified services with respect to
the designated beneficiary, or
``(B) made on account of the death or disability of
the designated beneficiary.
``(4) Separate accounting.--A program shall not be treated
as a qualified State developmental disabilities endowment
program unless it provides separate accounting for each
designated beneficiary.
``(5) No investment direction.--A program shall not be
treated as a qualified State developmental disabilities
endowment program unless it provides that any contributor to,
or designated beneficiary under, such program may not directly
or indirectly direct the investment of any contributions to the
program (or any earnings thereon).
``(6) No pledging of interest as security.--A program shall
not be treated as a qualified State developmental disabilities
endowment program if it allows any interest in the program or
any portion thereof to be used as security for a loan.
``(7) Prohibition on excess contributions.--A program shall
not be treated as a qualified State developmental disabilities
endowment program unless it provides adequate safeguards to
prevent contributions on behalf of a designated beneficiary in
excess of those necessary to provide for the qualified services
with respect to the beneficiary.
``(c) Tax Treatment of Designated Beneficiaries and Contributors.--
``(1) In general.--Except as otherwise provided in this
subsection, no amount shall be includible in gross income of--
``(A) a designated beneficiary under a qualified
State developmental disabilities endowment program, or
``(B) a contributor to such program on behalf of a
designated beneficiary,
with respect to any distribution or earnings under such
program.
``(2) Gift tax treatment of contributions.--For purposes of
chapters 12 and 13--
``(A) In general.--Any contribution to a qualified
developmental disabilities endowment program on behalf
of any designated beneficiary--
``(i) shall be treated as a completed gift
to such beneficiary which is not a future
interest in property, and
``(ii) shall not be treated as a qualified
transfer under section 2503(e).
``(B) Treatment of excess contributions.--If the
aggregate amount of contributions described in
subparagraph (A) during the calendar year by a donor
exceeds the limitation for such year under section
2503(b), such aggregate amount shall, at the election
of the donor, be taken into account for purposes of
such section ratably over the 5-year period beginning
with such calendar year.
``(3) Distributions.--
``(A) In general.--Any distribution under a
qualified State developmental disabilities endowment
program shall be includible in the gross income of the
distributee in the manner as provided under section 72
to the extent not excluded from gross income under any
other provision of this chapter.
``(B) In-kind distributions.--Any benefit furnished
to a designated beneficiary under a qualified State
developmental disabilities endowment program shall be
treated as a distribution to the beneficiary.
``(C) Change in beneficiaries.--
``(i) Rollovers.--Subparagraph (A) shall
not apply to that portion of any distribution
which, within 60 days of such distribution, is
transferred to the credit of another designated
beneficiary under a qualified State
developmental disabilities endowment program.
``(ii) Change in designated
beneficiaries.--Any change in the designated
beneficiary of an interest in a qualified State
developmental disabilities endowment program
shall not be treated as a distribution for
purposes of subparagraph (A).
``(D) Operating rules.--For purposes of applying
section 72--
``(i) to the extent provided by the
Secretary, all qualified State developmental
disabilities endowment programs of which an
individual is a designated beneficiary shall be
treated as one program,
``(ii) all distributions during a taxable
year shall be treated as one distribution, and
``(iii) the value of the contract, income
on the contract, and investment in the contract
shall be computed as of the close of the
calendar year in which the taxable year begins.
``(4) Estate tax treatment.--
``(A) In general.--No amount shall be includible in
the gross estate of any individual for purposes of
chapter 11 by reason of an interest in a qualified
developmental disabilities endowment program.
``(B) Amounts includible in estate of designated
beneficiary in certain cases.--Subparagraph (A) shall
not apply to amounts distributed on account of the
death of a beneficiary.
``(C) Amounts includible in estate of donor making
excess contributions.--In the case of a donor who makes
the election described in paragraph (2)(B) and who dies
before the close of the 5-year period referred to in
such paragraph, notwithstanding subparagraph (A), the
gross estate of the donor shall include the portion of
such contributions properly allocable to periods after
the date of death of the donor.
``(5) Other gift tax rules.--For purposes of chapters 12
and 13, in no event shall a distribution from a qualified
developmental disabilities endowment program be treated as a
taxable gift.
``(d) Reports.--Each officer or employee having control of the
qualified developmental disabilities endowment program or their
designee shall make such reports regarding such program to the
Secretary and to designated beneficiaries with respect to
contributions, distributions, and such other matters as the Secretary
may require. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.
``(e) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Designated beneficiary.--The term `designated
beneficiary' means--
``(A) the individual designated at the commencement
of participation in the qualified State developmental
disabilities endowment program as the beneficiary of
amounts paid (or to be paid) to the program,
``(B) in the case of a change in beneficiaries
described in subsection (c)(3)(C), the individual who
is the new beneficiary, and
``(C) any individual not described in subparagraph
(A) or (B) who is designated as a beneficiary under the
qualified developmental disabilities endowment program.
``(2) Qualified services.--The term `qualified services'
means the services designated under the qualified developmental
disabilities endowment program.''.
(b) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by adding after the item relating to
part VIII the following new item:
``Part IX. State developmental
disabilities trust funds.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Sets forth the tax and estate tax treatment of designated beneficiaries and contributors. | {"src": "billsum_train", "title": "Developmental Disability Endowment Act"} | 1,938 | 17 | 0.479504 | 1.065739 | -0.321672 | 2.357143 | 123.928571 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina Worker Safety and Filing
Flexibility Act of 2005''.
SEC. 2. SENSE OF CONGRESS CONCERNING THE SAFETY AND HEALTH OF EMERGENCY
RESPONSE, RECOVERY, AND RECONSTRUCTION WORKERS.
(a) Findings.--Congress finds that--
(1) individuals working in emergency response, recovery,
and reconstruction in the disaster areas in Louisiana,
Mississippi, and Alabama in the wake of Hurricane Katrina face
numerous and uncommon worksite and environmental hazards;
(2) workers may be facing hazards with which they have
little prior experience or training, and typical communication
channels may not be as effective as they are under normal
circumstances;
(3) the Occupational Safety and Health Administration
(referred to in this section as ``OSHA'') has deployed safety
and health professionals to Louisiana, Mississippi, and Alabama
to provide technical assistance to emergency response,
recovery, and reconstruction workers in their ongoing cleanup
efforts along the Gulf Coast of the United States; and
(4) OSHA's efforts to protect first responders and
emergency response, recovery and reconstruction workers are
being guided by the Worker Health and Safety Annex plan, as
established in the National Response Plan that was recently
adopted by the Department of Homeland Security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) as soon as practicable after the date of enactment of
this Act OSHA should--
(A) implement all of the relevant provisions of the
Worker Health and Safety Annex plan;
(B) in addition to making public service
announcements, develop additional methods to provide
workers and employers with the information they need to
maintain a safe workplace, including their rights and
obligations under health and safety laws, such as
working through OSHA's Strategic Partnerships, and
working with contractors and labor organizations to
reach all employers and workers involved in the
emergency response, recovery, and reconstruction;
(C) work to communicate with immigrant and non-
English speaking workers and employers about safety
rights, resources, and requirements;
(D) deploy sufficient personnel to the region to
successfully carry out their mission, including
enforcement of and education about safety standards and
rights;
(E) work with State, local, and tribal governments
to ensure the availability and management of all
available safety resources for emergency response,
recovery, and reconstruction workers;
(F) work with other Federal agencies such as
Federal Emergency Management Agency, the National
Institute of Occupational Safety and Health, the
Environmental Protection Agency, the Chemical Safety
Hazard Board, the National Institute of Environmental
Health Sciences, the Department of Energy, the
Department of Health and Human Services, and the
Department of Transportation to identify hazards,
determine the optimum hazard abatement solutions and
communicate those solutions to potentially endangered
workers and employers, and to identify the need for
personal protective equipment for employees engaged in
clean-up of hazardous materials and, when possible,
coordinate and facilitate distribution of such
equipment; and
(G) work with the Environmental Protection Agency
and the National Institute of Environmental Health
Sciences to provide technical assistance and training
for workers covered by Hazardous Waste Operations and
Emergency Response Standards; and
(2) records of the identity of individuals involved in the
recovery and rebuilding efforts should be maintained, and
therefore all entities engaged in these efforts are encouraged
to maintain such records, and, if maintained, to forward such
records and rosters to OSHA or the appropriate agency for
collection and central storage.
SEC. 3. COMMUNICATIONS, ENFORCEMENT, AND TRAINING.
There are authorized to be appropriated such sums as may be
necessary to enable the Department of Labor and the Occupational Safety
and Health Administration to pay for needed communications, including
public service announcements on radio and television, to provide for
additional personnel, to enforce safety standards, and to provide
needed health and safety training and resources to affected workers and
employers.
SEC. 4. REPORTING.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Labor jointly with the Administrator of the Occupational
Safety and Health Administration, shall provide a briefing to the
members of the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the members of the
Committee on Education and the Workforce and the Committee on
Appropriations of the House of Representatives concerning the progress
made toward providing necessary personnel to enforce safety standards
providing needed health and safety training and resources to affected
workers and employers relating to Hurricane Katrina reconstruction and
coordinating efforts with other agencies including Federal Emergency
Management Agency, the National Institute of Occupational Safety and
Health, the Environmental Protection Agency, and the National Institute
of Environmental Health Sciences. Such briefing shall include a report
on the resources expended or needed to implement such measures. Not
later than 9 months after such date of enactment, the Secretary of
Labor and the Administrator of the Occupational Safety and Health
Administration shall deliver a written report to Congress summarizing
the success in achieving such goals.
SEC. 5. EXTENSION OF DEADLINES FOR LMRDA.
With respect to--
(1) any labor organization or employer, the principal place
of business of which is located in an area declared a disaster
area by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), related to Hurricane Katrina, or whose financial
records, or any potion thereof, are located in such an area; or
(2) any officer or employee of a labor organization who
resides in such an area or whose financial records, or any
potion thereof, are located in such an area; and
that is required to file an annual financial report pursuant to Title
II of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431
et seq.) by September 30, 2005, the Secretary of Labor shall extend the
deadline for filing such reports as appropriate, but in no case to a
date that is earlier than March 31, 2006.
SEC. 6. DEPARTMENT OF LABOR INSPECTOR GENERAL AUDIT AND REPORT.
(a) In General.--The Inspector General of the Department of Labor
(referred to in this section as the ``Inspector General'') shall
conduct an audit and investigation of each program carried out by the
Department of Labor that includes response and recovery activities
related to Hurricane Katrina.
(b) Weekly Report.--Not less frequently than once a week, the
Inspector General shall provide 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 listing the
audits and investigations initiated pursuant to subsection (a).
(c) Status Report.--Not later than 6 months after the date of
enactment of this section, and biannually thereafter until the audits
and investigations described in subsection (a) are complete, the
Inspector General shall 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 on the full status of the
activities of the Inspector General under this section.
(d) Cooperative Ventures.--In carrying out this section, the
Inspector General is encouraged to enter into cooperative ventures with
Inspectors General of other Federal agencies. | Katrina Worker Safety and Filing Flexibility Act of 2005 - Expresses the sense of Congress with respect to the safety of workers in Hurricane Katrina-related response and recovery activities, and maintenance of records on such workers.
Authorizes appropriations to the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) for necessary communications including public service announcements, additional personnel, safety standards enforcement, and health and safety training and resources for affected workers and employers.
Directs the Secretary of Labor and the OSHA Administrator to give a briefing to specified congressional committees on progress towards providing necessary personnel for such enforcement and training, and on coordination with other federal agencies.
Extends annual financial report deadlines under the Labor-Management Reporting and Disclosure Act for unions or employers in the Hurricane Katrina disaster area.
Directs the DOL Inspector General to audit, investigate, and report on each of the DOL programs that includes Hurricane Katrina-related response and recovery activities. | {"src": "billsum_train", "title": "A bill to express the sense of Congress and to improve reporting with respect to the safety of workers in the response and recovery activities related to Hurricane Katrina, and for other purposes."} | 1,577 | 220 | 0.539629 | 1.620861 | 1.091305 | 2.486339 | 8.185792 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Review EPA's Language on Agriculture
and Thoroughly Engage with the Farm Act of 2013'' or the ``RELATE with
the Farm Act of 2013''.
SEC. 2. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE.
(a) Review of Regulatory Agenda.--The Secretary of Agriculture
shall review publications that may give notice that the Environmental
Protection Agency is preparing or plans to prepare any guidance,
policy, memorandum, regulation, or statement of general applicability
and future effect that may have a significant impact on a substantial
number of agricultural entities, including--
(1) any regulatory agenda of the Environmental Protection
Agency published pursuant to section 602 of title 5, United
States Code;
(2) any regulatory plan or agenda published by the
Environmental Protection Agency or the Office of Management and
Budget pursuant to an Executive order, including Executive
Order 12866; and
(3) any other publication issued by the Environmental
Protection Agency or the Office of Management and Budget that
may reasonably be foreseen to contain notice of plans by the
Environmental Protection Agency to prepare any guidance,
policy, memorandum, regulation, or statement of general
applicability and future effect that may have a significant
impact on a substantial number of agricultural entities.
(b) Information Gathering.--For a publication item reviewed under
subsection (a) that the Secretary determines may have a significant
impact on a substantial number of agricultural entities, the Secretary
shall--
(1) solicit from the Administrator of the Environmental
Protection Agency any information the Administrator may provide
to facilitate a review of the publication item;
(2) utilize the Chief Economist of the Department of
Agriculture to produce an economic impact statement for the
publication item that contains a detailed estimate of potential
costs to agricultural entities;
(3) identify individuals representative of potentially
affected agricultural entities for the purpose of obtaining
advice and recommendations from such individuals about the
potential impacts of the publication item; and
(4) convene a review panel for analysis of the publication
item that includes the Secretary, any full-time Federal
employee of the Department of Agriculture appointed to the
panel by the Secretary, and any employee of the Environmental
Protection Agency or the Office of Information and Regulatory
Affairs within the Office of Management and Budget that accepts
an invitation from the Secretary to participate in the panel.
(c) Duties of the Review Panel.--A review panel convened for a
publication item under subsection (b)(4) shall--
(1) review any information or material obtained by the
Secretary and prepared in connection with the publication item,
including any draft proposed guidance, policy, memorandum,
regulation, or statement of general applicability and future
effect;
(2) collect advice and recommendations from agricultural
entity representatives identified by the Administrator after
consultation with the Secretary;
(3) compile and analyze such advice and recommendations;
and
(4) make recommendations to the Secretary based on the
information gathered by the review panel or provided by
agricultural entity representatives.
(d) Comments.--
(1) In general.--Not later than 60 days after the date the
Secretary convenes a review panel pursuant to subsection
(b)(4), the Secretary shall submit to the Administrator
comments on the planned or proposed guidance, policy,
memorandum, regulation, or statement of general applicability
and future effect for consideration and inclusion in any
related administrative record, including--
(A) a report by the Secretary on the concerns of
agricultural entities;
(B) the findings of the review panel;
(C) the findings of the Secretary, including any
adopted findings of the review panel; and
(D) recommendations of the Secretary.
(2) Publication.--The Secretary shall publish the comments
in the Federal Register and make the comments available to the
public on the public Internet website of the Department of
Agriculture.
(e) Waivers.--The Secretary may waive initiation of the review
panel under subsection (b)(4) as the Secretary determines appropriate.
(f) Definition of Agricultural Entity.--In this section, the term
``agricultural entity'' means any entity involved in or related to
agricultural enterprise, including enterprises that are engaged in the
business of production of food and fiber, ranching and raising of
livestock, aquaculture, and all other farming and agricultural related
industries. | Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013 or the RELATE with the Farm Act of 2013 - Directs the Secretary of Agriculture (USDA) to review publications that may give notice that the Environmental Protection Agency (EPA) is preparing or plans to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation. | {"src": "billsum_train", "title": "Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013"} | 914 | 221 | 0.795577 | 2.317309 | 0.841596 | 4.847716 | 4.482234 | 0.939086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2017''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) in the matter preceding subparagraph (A), by
striking ``shall,'';
(B) in subparagraph (A)--
(i) in clause (i), by adding ``and'' at the
end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii),
by striking ``and'' at the end; and
(C) by adding at the end the following:
``(C) if a court determines that a juvenile should
be placed in a secure detention facility or secure
correctional facility for violating an order described
in subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that the juvenile has violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated the order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in a secure detention facility
or secure correctional facility, with
due consideration to the best interest
of the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or secure
correctional facility;
``(V) includes a plan for the
release of the juvenile from the secure
detention facility or secure
correctional facility; and
``(VI) may not be renewed or
extended; and
``(ii) the court may not issue a subsequent
order described in clause (i) relating to a
juvenile, unless the juvenile violates a valid
court order after the date on which the court
issues an order described in clause (i);
``(D) there are procedures in place to ensure that
a juvenile held in a secure detention facility or
secure correctional facility pursuant to a court order
described in subparagraph (C)(i) does not remain in a
secure detention facility or secure correctional
facility longer than 3 days (with the exception of
weekends and holidays) or the length of time authorized
by the court, or authorized under applicable State law,
whichever is shorter; and
``(E) a juvenile status offender held in a secure
detention facility or secure correctional facility
pursuant to a court order described in subparagraph
(C)(i) may only be held in a secure detention facility
or secure correctional facility 1 time in any 6-month
period, provided that the conditions set forth in
subparagraph (C) are satisfied.''; and
(2) by adding at the end the following:
``(g) Additional Requirement.--Not later than 1 year after the date
of enactment of this subsection, no State receiving a formula grant
under this part may use a valid court order described in subsection
(a)(11)(A)(ii) to place a juvenile status offender in a secure
detention facility or secure correctional facility. A State that can
demonstrate hardship as determined by the Administrator may submit to
the Administrator an application for a single 1-year extension to
comply with the requirement described in this subsection, which shall
describe--
``(1) the measurable progress and good faith effort in the
State to reduce the number of juvenile status offenders who are
placed in a secure detention facility or correctional facility
pursuant to a court order described in subsection
(a)(11)(A)(ii); and
``(2) a plan to comply with the requirement described in
this subsection not later than 1 year after the date the
extension is granted.''. | Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order, a three-day maximum length of detention, and a plan for release. | {"src": "billsum_train", "title": "Prohibiting Detention of Youth Status Offenders Act of 2017"} | 938 | 253 | 0.58966 | 1.697976 | 0.750169 | 1.590909 | 4.282828 | 0.752525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Emergency Supplemental
Appropriations Act, 2001''.
TITLE I--SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide supplemental
appropriations for fiscal year 2001:
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$227,400,000, of which $2,100,000 shall be available only for
supplemental subsistence allowances under section 402a of title 37,
United States Code (as added by section 604 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106-398).
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$159,100,000, of which $1,100,000 shall be available only for
supplemental subsistence allowances under section 402a of title 37,
United States Code (as added by section 604 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106-398).
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$90,100,000, of which $300,000 shall be available only for supplemental
subsistence allowances under section 402a of title 37, United States
Code (as added by section 604 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law by Public
Law 106-398).
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$356,600,000, of which $500,000 shall be available only for
supplemental subsistence allowances under section 402a of title 37,
United States Code (as added by section 604 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106-398).
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$119,600,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$600,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$58,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$1,276,900,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,531,000,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $437,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $728,400,000.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $99,100,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $22,300,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $187,000,000.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$28,200,000.
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$97,000,000.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$46,800,000.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$98,400,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'' for
Operation and Maintenance, $1,000,000,000.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Family Housing, Army
For an additional amount for ``Family Housing, Army'' for Operation
and Maintenance, $101,300,000.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' for Operation and Maintenance, $8,900,000.
CHAPTER 3
DEPARTMENT OF TRANSPORTATION
COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'', $100,000,000;
of which $36,000,000 shall be available for pay and allowances;
$32,000,000 shall be available for operational fuel and unit level
operational readiness; $27,000,000 shall be available for aviation and
vessel spare parts; and $5,000,000 shall be available for costs related
to the delivery of health care to Coast Guard personnel, retirees, and
their dependents.
TITLE II--GENERAL PROVISIONS
SEC. 201. EMERGENCY DESIGNATION.
Each amount appropriated in this Act--
(1) is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985; and
(2) shall be available only to the extent that the
President transmits to the Congress an official budget request
that includes designation of the entire amount of the request
as an emergency requirement pursuant to such section. | Defense Emergency Supplemental Appropriations Act, 2001 - Makes emergency supplemental appropriations for the Department of Defense for FY 2001 for: (1) active and reserve military personnel; (2) operation and maintenance; (3) procurement; (4) shipbuilding and conversion; (5) the Defense Health Program; and (6) military family housing.Makes emergency supplemental appropriations for the Department of Transportation for operating expenses of the Coast Guard.Designates each amount appropriated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). | {"src": "billsum_train", "title": "To make emergency supplemental appropriations for fiscal year 2001 for the Department of Defense, and the Coast Guard."} | 1,266 | 128 | 0.502516 | 1.301985 | 0.573864 | 2.473214 | 9.5 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American History and Civics
Achievement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 2006 National Assessment of Educational Progress
assessments in United States history and civics demonstrated
high percentages of students scoring below basic even though
there were increases in scores, particularly for lower-
performing students, compared to previous such assessments;
(2) in the 2006 National Assessment of Educational Progress
assessment in United States history--
(A) 30 percent of students in grade 4 scored below
basic, 35 percent of students in grade 8 scored below
basic, and 53 percent of students in grade 12 scored
below basic;
(B) a 31 point achievement gap exists for students
in grade 4 who are from low-income families, as
compared to students in grade 4 who are from high-
income families, a 32 point achievement gap exists
between black and white students in grade 4, and a 30
point achievement gap exists between white and Hispanic
students in grade 4;
(C) 86 percent of students in grade 12 could not
explain a reason for United States involvement in the
Korean War;
(D) 99 percent of students in grade 8 could not
explain how the fall of the Berlin Wall affected United
States foreign policy; and
(E) 76 percent of students in grade 4 could not
explain why early American pioneers settled on the
western frontier;
(3) in the 2006 National Assessment of Educational Progress
assessment in the United States civics--
(A) 27 percent of students in grade 4 scored below
basic, 30 percent of students in grade 8 scored below
basic, and 34 percent of students in grade 12 scored
below basic;
(B) a 29 point achievement gap exists for students
in grade 4 who are from low-income families, as
compared to students in grade 4 who are from high-
income families, a 25 point achievement gap exists
between black and white students in grade 4, and a 26
point achievement gap exists between white and Hispanic
students in grade 4;
(C) 72 percent of students in grade 8 could not
explain the historical purpose of the Declaration of
Independence; and
(D) 57 percent of students in grade 12 were unable
to describe the meaning of federalism in the United
States;
(4) America's past encompasses great leaders and great
ideas that contribute to our shared heritage and to the
principles of freedom, equality, justice, and opportunity for
all;
(5) an appreciation for the defining events in our Nation's
history can be a catalyst for civic involvement; and
(6) the strength of American democracy and our standing in
the world depend on ensuring that our children have a strong
understanding of our Nation's past.
SEC. 3. AMENDMENT TO THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
AUTHORIZATION ACT.
Section 303(b) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)) is amended--
(1) in paragraph (2)(D), by inserting ``(with a priority in
conducting assessments in history not less frequently than once
every 4 years)'' after ``subject matter''; and
(2) in paragraph (3)(A)--
(A) in clause (iii)--
(i) by inserting ``except as provided in
clause (iv),'' before ``may conduct''; and
(ii) by striking ``and'' after the
semicolon;
(B) by redesignating clause (iv) as clause (v); and
(C) by inserting after clause (iii) the following:
``(iv) shall conduct trial State academic
assessments of student achievement in United
States history in grades 8 and 12 in not less
than 10 States representing geographically
diverse regions of the United States and in
civics in grades 8 and 12 in not less than 10
States representing geographically diverse
regions of the United States (with a priority
given to conducting assessments in United
States history); and''.
SEC. 4. NATIONAL ASSESSMENT GOVERNING BOARD.
Section 302(e)(1) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9621(e)(1)) is amended--
(1) in subparagraph (I), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
(3) in the flush matter at the end, by striking
``subparagraph (J)'' and inserting ``subparagraph (K)''; and
(4) by inserting after subparagraph (I) the following:
``(J) in consultation with the Commissioner for
Education Statistics, identify and select the States
that will participate in the trial State academic
assessments described in section 303(b)(3)(A)(iv);
and''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 305 of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9624) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) History and Civics Assessments.--There are authorized to be
appropriated--
``(1) $7,000,000 for each of fiscal years 2008 and 2009 to
carry out sections 303(b)(3)(A)(iv) and 302(e)(1), of which not
more than $500,000 for each fiscal year shall be available to
carry out section 302(e)(1); and
``(2) such sums as may be necessary to carry out such
sections for each succeeding fiscal year.''.
SEC. 6. CONFORMING AMENDMENT.
Section 113(a)(1) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9513(a)(1)) is amended by striking ``section 302(e)(1)(J)'' and
inserting ``section 302(e)(1)(K)''. | American History and Civics Achievement Act - Amends the National Assessment of Educational Progress Authorization Act to direct the Commissioner for Education Statistics to give a priority to conducting national assessments of student achievement in history at least once every four years in grades 4, 8, and 12.
Requires the Commissioner to conduct, in at least ten geographically diverse states, trial state academic assessments of student achievement in: (1) U.S. history in grades 8 and 12; and (2) civics in grades 8 and 12.
Directs the National Assessment of Educational Progress governing board to select the participating states. | {"src": "billsum_train", "title": "A bill to amend the National Assessment of Educational Progress Authorization Act to require State academic assessments of student achievement in United States history and civics, and for other purposes."} | 1,309 | 121 | 0.481639 | 1.335381 | 0.649191 | 2.902655 | 10.610619 | 0.902655 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Federal Government has owned Plum Island, New York,
since 1899.
(2) Since 1954, the Plum Island Animal Disease Center has
conducted unrivaled scientific research on a variety of
infectious animal-borne diseases, including foot-and-mouth
disease, resulting, most recently, in the development of a new
cell line that rapidly and reliably detects this highly
debilitating disease of livestock.
(3) Over 62 years, the Center has had a strong, proven
record of safety.
(4) $23,200,000 in Federal dollars have been spent on
upgrades to, and the maintenance of, the Center since January
2012.
(5) In addition to the Center, Plum Island contains
cultural, historical, ecological, and natural resources of
regional and national significance.
(6) Plum Island is situated where the Long Island Sound and
Peconic Bay meet, both of which are estuaries that are part of
the National Estuary Program and are environmentally and
economically significant to the region.
(7) The Federal Government has invested hundreds of
millions of Federal dollars over the last two decades to make
long-term improvements with respect to the conservation and
management needs of Long Island Sound and Peconic Bay.
(8) The Department of Homeland Security has undertaken a
study to consider alternatives for the final disposition of
Plum Island, including an analysis of--
(A) conservation of the island's resources;
(B) any remediation responsibilities;
(C) the need for any legislative changes;
(D) cost; and
(E) any revenues from the alternatives.
SEC. 2. REPORT REQUIRED ON STUDY BY DEPARTMENT OF HOMELAND SECURITY ON
CLEAN UP AND ALTERNATIVE USES OF PLUM ISLAND.
(a) Assessment by Comptroller General.--
(1) Assessment required.--The Comptroller General of the
United States shall conduct an assessment of the study by the
Department of Homeland Security on the options for the
disposition of Plum Island referred to in section 1(8). Such
assessment shall include a determination of whether the
methodologies used by the Department in conducting such study
adequately support the Department's findings with respect to
the following:
(A) The possible alternative uses for Plum Island,
including the transfer of ownership to another Federal
agency, a State or local government, a nonprofit
organization, or a combination thereof for the purpose
of education, research, or conservation.
(B) The possible issues and implications, if any,
of pursuing such alternative uses for Plum Island.
(C) The potential cost to be incurred for expenses
related to the transition, cleanup, and hazard
mitigation of Plum Island by a recipient of such
property.
(2) Report required.--Not later than 180 days after the
date on which the Department of Homeland Security completes the
study referred to in section 1(8), the Comptroller General of
the United States shall submit to Congress a report containing
the following:
(A) The results of the assessment described under
paragraph (1).
(B) A description of the Secretary of Homeland
Security's coordination with the Administrator of
General Services, the Secretary of the Interior, and
the Administrator of the Environmental Protection
Agency in conducting the Department of Homeland
Security study referred to in section 1(8).
(b) Study by Comptroller General.--
(1) Study required.--If the Comptroller General of the
United States determines that the methodologies referred to in
subsection (a)(1) do not adequately support the Department of
Homeland Security's findings related to an issue described in
subparagraphs (A) through (C) of such subsection, the
Comptroller General shall conduct a study on any such issue.
(2) Report required.--If the Comptroller General of the
United States conducts a study under paragraph (1), not later
than 1 year after the date on which the Department of Homeland
Security completes the study referred to in section 1(8), the
Comptroller General shall submit to Congress a report
containing the results of the study conducted under paragraph
(1).
SEC. 3. SUSPENSION OF ACTION.
No action may be taken to carry out section 538 of title V of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74; 125 Stat. 976) until at least 180 days after the reports
required by subsection (a)(2) of section 2 and, if applicable,
subsection (b)(2) of such section have been submitted to Congress.
Passed the House of Representatives May 16, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 2) This bill requires the Government Accountability Office (GAO) to assess the Department of Homeland Security's (DHS's) study of the options for the disposition of Plum Island, New York. (In 2005, DHS announced that the operations of the Plum Island Animal Disease Center will move from Plum Island, New York, to a new federal facility in Manhattan, Kansas.) The GAO must determine whether DHS's methodologies adequately support its findings with respect to: the possible alternative uses for Plum Island, including the transfer to another federal agency, a state or local government, a nonprofit organization, or a combination of the entities for the purpose of education, research, or conservation; the issues and implications of the alternative uses; and the cost for the transition, cleanup, and hazard mitigation by a recipient of the property. If the DHS methodologies do not adequately support its findings related to an issue, the GAO must report to Congress on the issue. (Sec. 3) The bill suspends until at least 180 days after the GAO submits its reports to Congress the requirement under current law for the General Services Administration to sell the property and assets which support Plum Island operations. | {"src": "billsum_train", "title": "To authorize the Comptroller General of the United States to assess a study on the alternatives for the disposition of Plum Island Animal Disease Center, and for other purposes."} | 982 | 257 | 0.620913 | 2.204229 | 0.870905 | 2.966245 | 3.978903 | 0.822785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Independence for
Seniors Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Community-based services play an essential role in
keeping individuals healthy.
(2) Without community-based long-term services and
supports, which are not typically covered by Medicare, seniors
frequently experience negative health outcomes and lose their
ability to live independently.
(3) Seniors who deplete their resources often have no
option but to turn to Medicaid for coverage of long-term care
expenses.
(4) Targeting community-based services and supports to at-
risk seniors can help these individuals avoid depleting their
assets and becoming Medicaid dependent.
SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION.
Part C of title XVIII of the Social Security Act is amended by
inserting after section 1859 (42 U.S.C. 1395w-28) the following new
section:
``SEC. 1859A. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN
DEMONSTRATION.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
Community-Based Institutional Special Needs Plan demonstration
program (in this section referred to as the `CBI-SNP
demonstration program') to provide home and community-based
care to eligible Medicare beneficiaries.
``(2) Agreements.--The Secretary shall enter into
agreements with eligible MA organizations under which such
organizations shall offer eligible MA plans under the CBI-SNP
demonstration program to eligible Medicare beneficiaries.
``(3) Limitation on number of plans.--The CBI-SNP
demonstration program shall be carried out with respect to not
greater than five MA plans.
``(4) Eligible ma plans defined.--For purposes of this
section, the term `eligible MA plan' means a plan that, in
addition to items and services for which coverage is otherwise
provided under this part (including benefits under section
1852(a)(3) and notwithstanding any waivers under section
1915(c)), provides for coverage of long-term care services and
supports that the Secretary determines appropriate for the
purposes of the CBI-SNP demonstration program, such as--
``(A) homemaker services;
``(B) home delivered meals;
``(C) transportation services;
``(D) respite care;
``(E) adult day care services; and
``(F) safety and other equipment not otherwise
covered under this title.
``(b) Eligible MA Organizations.--For purposes of this section, the
term `eligible MA organization' means an MA organization that--
``(1) has experience in offering specialized MA plans for
special needs individuals, as defined in section 1859(b)(6)(A),
to individuals who live in the community in which the eligible
MA plan is offered;
``(2) has experience working with low-income seniors
groups;
``(3) is located in a State that the Secretary has
determined is able to participate in the CBI-SNP demonstration
program by agreeing to make available data necessary for
purposes of conducting the independent evaluation required
under subsection (h); and
``(4) meets such other criteria as the Secretary may
require.
``(c) Eligible Medicare Beneficiary Defined.--In this section, the
term `eligible Medicare beneficiary' means a Medicare beneficiary who--
``(1) is eligible to enroll in an eligible MA plan under
the CBI-SNP demonstration program;
``(2) is a subsidy eligible individual (as defined in
section 1860D-14(a)(3)(A));
``(3) is not eligible to receive benefits under title XIX;
``(4) is unable to perform 2 or more activities of daily
living (as defined in section 7702B(c)(2)(B) of the Internal
Revenue Code of 1986); and
``(5) is age 65 or older.
``(d) Payments.--The Secretary shall establish payment rates for
eligible MA organizations offering eligible MA plans under the CBI-SNP
demonstration program for benefits covered under such program (and not
otherwise covered under part C) and provided to eligible Medicare
beneficiaries under such plans. Such payment rates shall--
``(1) be based upon payment rates established for purposes
of payment under section 1853;
``(2) be in addition to payments otherwise made to such
organization with respect to such plans under part C;
``(3) be adjusted to reflect the costs of treating eligible
Medicare beneficiaries under this section; and
``(4) not, with respect to a month in which an eligible MA
organization provides home and community-based care to eligible
Medicare beneficiaries under such demonstration program, exceed
an amount for such month that is equal to the amount that would
be awarded to such organization if the organization were to
receive $400 with respect to each such beneficiary that the
organization provides with such care during such month.
``(e) Special Election Period.--Notwithstanding sections
1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii), an eligible Medicare
beneficiary may, other than during the annual, coordinated election
periods under such sections--
``(1) discontinue enrollment in an MA plan not
participating in the CBI-SNP demonstration program and enroll
in an MA plan participating in such program; and
``(2) discontinue enrollment under the original medicare
fee-for-service program under parts A and B and the enrollment
in a prescription drug plan under part D and enroll in an MA
plan participating in the CBI-SNP demonstration program.
``(f) Beneficiary Education.--The Secretary shall help to educate,
through State Health Insurance Assistance Programs and other
organizations that assist seniors with respect to benefits and
enrollment under this title, eligible Medicare beneficiaries on the
availability of the CBI-SNP demonstration program.
``(g) Implementation.--
``(1) Deadline.--The CBI-SNP demonstration program shall be
implemented not later than January 1 of the second year
beginning after the date of the enactment of this section.
``(2) Duration.--Subject to paragraph (3), the CBI-SNP
demonstration program shall be conducted for a period of five
years.
``(3) Extension or expansion.--Taking into account the
report under subsection (h)(2), the Secretary may, through
rulemaking, expand (including implementation on a nationwide or
permanent basis) the duration or the scope CBI-SNP
demonstration program to the extent determined appropriate by
the Secretary, unless the Secretary determines that such
expansion is expected to--
``(A) increase aggregate expenditures under this
title and title XIX with respect to eligible Medicare
beneficiaries participating in the CBI-SNP
demonstration program; or
``(B) decrease the quality of health care services
furnished to eligible Medicare beneficiaries
participating in the CBI-SNP demonstration program.
``(h) Independent Evaluation and Reports.--
``(1) Independent evaluation.--
``(A) In general.--The Secretary shall provide for
the evaluation of the CBI-SNP demonstration program by
an independent third party.
``(B) Evaluation objectives.--Such evaluation shall
determine the extent to which the CBI-SNP demonstration
program has resulted in--
``(i) improved patient care;
``(ii) reduced hospitalizations or
rehospitalizations;
``(iii) reduced or delayed nursing facility
admissions and lengths of stay under title XIX;
``(iv) reduced spend down of income and
assets for purposes of becoming eligible for
medical assistance under a State plan under
title XIX;
``(v) improved quality of life for the
eligible Medicare beneficiaries enrolled in an
eligible MA plan participating in the CBI-SNP
demonstration program; and
``(vi) improved caregiver satisfaction.
``(C) Evaluation process.--Such evaluation shall be
completed in accordance with the following process:
``(i) The Secretary shall, prior to the
implementation of such program, establish goals
for such program with respect to the evaluation
objectives described in subparagraph (B) and
criteria for measuring the extent to which an
eligible MA plan participating in the CBI-SNP
demonstration program meets such goals.
``(ii) The Secretary shall implement clear
data collection and reporting requirements for
such eligible MA plans in order to carry out
such evaluation.
In carrying out such process, the Secretary shall
recognize that definitions, benefits, and program
requirements for long-term care services and supports
vary across States.
``(2) Reports.--Not later than four years after the
implementation of the CBI-SNP demonstration program, the
Secretary shall submit to Congress a report containing the
results of the evaluation conducted under paragraph (1),
together with such recommendations for legislative or
administrative action as the Secretary determines appropriate.
In preparing such report, the Secretary shall use at least
three years worth of data under the demonstration program.
``(i) Budget Neutrality.--For any year after the third year of the
CBI-SNP demonstration program, the Secretary shall ensure that the
aggregate payments made under this title and title XIX, including under
the demonstration program, do not exceed the amount which the Secretary
estimates would have been expended under such titles during such year
if the CBI-SNP demonstration program had not been implemented.
``(j) Paperwork Reduction Act.--Chapter 35 of title 44, United
States Code, shall not apply to the testing and evaluation of the CBI-
SNP demonstration program.''. | Community-Based Independence for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to establish a Community-Based Institutional Special Needs Plan demonstration program through which up to five eligible Medicare Advantage (MA) organizations shall provide home and community-based care to eligible Medicare beneficiaries. For purposes of the demonstration program, an eligible Medicare beneficiary is ineligible for Medicaid and unable to perform two or more activities of daily living. The Centers for Medicare & Medicaid Services (CMS) shall establish payment rates for eligible MA plans under the demonstration program. Such payment rates are capped but shall be in addition to payments otherwise made to MA organizations with respect to such plans. CMS shall also: (1) help to educate eligible Medicare beneficiaries on the availability of the program, and (2) provide for program evaluation by an independent third party. | {"src": "billsum_train", "title": "Community-Based Independence for Seniors Act of 2015"} | 2,096 | 192 | 0.611747 | 1.650209 | 0.917848 | 3.263473 | 11.712575 | 0.916168 |
SECTION 1. FINANCIAL ASSISTANCE FOR SMALL BUSINESSES OPERATING IN URBAN
EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following:
``(23)(A) Out of the amounts appropriated to carry out this
subsection, not less than $1,000,000,000 shall be expended in
each fiscal year for small business concerns operating in urban
areas designated as empowerment zones or enterprise communities
pursuant to section 1391 of the Internal Revenue Code of 1986.
``(B) Subparagraph (A) shall apply to any fiscal year
beginning after September 30, 1994, in which designations
described in subparagraph (A) are in effect.''.
SEC. 2. EXCLUSION FOR CAPITAL GAIN FROM NEW INVESTMENTS IN SMALL
BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND
ENTERPRISE COMMUNITIES.
(a) In General.--Subchapter U of chapter 1 of the Internal Revenue
Code of 1986 (relating to designation and treatment of empowerment
zones, enterprise communities, and rural development investment areas)
is amended by redesignating part IV as part V and by inserting after
part III the following new part:
``PART IV--EXCLUSION FOR CAPITAL GAIN FROM NEW INVESTMENTS IN SMALL
BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND ENTERPRISE
COMMUNITIES
``Sec. 1397D. Exclusion for gain from new
investments in small businesses
operating in urban empowerment
zones and enterprise
communities.
``SEC. 1397D. EXCLUSION FOR GAIN FROM NEW INVESTMENTS IN SMALL
BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND
ENTERPRISE COMMUNITIES.
``(a) General Rule.--In the case of an individual, gross income
shall not include any qualified capital gain recognized on the sale or
exchange of a qualified zone asset held for more than 5 years.
``(b) Qualified Zone Asset.--For purposes of this section:
``(1) In general.--The term `qualified zone asset' means--
``(A) any qualified zone stock,
``(B) any qualified zone business property, and
``(C) any qualified zone partnership interest.
``(2) Qualified zone stock.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified zone stock' means
any stock in a domestic corporation if--
``(i) such stock is acquired by the
taxpayer on original issue from the corporation
solely in exchange for cash,
``(ii) as of the time such stock was
issued, such corporation was a small urban
enterprise zone business (or, in the case of a
new corporation, such corporation was being
organized for purposes of being a small urban
enterprise zone business), and
``(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a small urban
enterprise zone business.
``(B) Redemptions.--The term `qualified zone stock'
shall not include any stock acquired from a corporation
which made a substantial stock redemption or
distribution (without a bona fide business purpose
therefor) in an attempt to avoid the purposes of this
section.
``(3) Qualified zone business property.--The term
`qualified zone business property' means tangible property if--
``(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) after the date on which the
designation of the urban tax enterprise zone
took effect,
``(ii) the original use of such property in
such an urban tax enterprise zone with the
taxpayer, and
``(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in an urban tax enterprise zone and in a
small urban enterprise zone business of the
taxpayer.
``(A) Special rule for substantial improvements.--
The requirements of clauses (i) and (ii) of
subparagraph (A) shall be treated as satisfied with
respect to--
``(i) property which is substantially
improved by the taxpayer, and
``(ii) any land on which such property is
located.
For purposes of the preceding sentence, property shall
be treated as substantially improved by the taxpayer
if, during any 24-month period beginning after the date
on which the designation of the urban tax enterprise
zone took effect, additions to basis with respect to
such property in the hands of the taxpayer exceed the
greater of (i) an amount equal to the adjusted basis at
the beginning of such 24-month period in the hands of
the taxpayer, or (ii) $5,000.
``(B) Limitation on land.--The term `qualified zone
business property' shall not include land which is not
an integral part of a qualified business (as defined in
section 1397B(d)).
``(4) Qualified zone partnership interest.--The term
`qualified zone partnership interest' means any interest in a
partnership if--
``(A) such interest is acquired by the taxpayer
from the partnership solely in exchange for cash,
``(B) as of the time such interest was acquired,
such partnership was a small urban enterprise zone
business (or, in the case of a new partnership, such
partnership was being organized for purposes of being a
small urban enterprise zone business), and
``(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a small urban enterprise zone business.
A rule similar to the rule of paragraph (2)(C) shall apply for
purposes of this paragraph.
``(5) Treatment of subsequent purchasers.--The term
`qualified zone asset' includes any property which would be a
qualified zone asset but for paragraph (2)(A)(i), (3)(A)(ii),
or (4)(A) in the hands of the taxpayer if such property was a
qualified zone asset in the hands of any prior holder.
``(6) 10-year safe harbor.--If any property ceases to be a
qualified zone asset by reason of paragraph (2)(A)(iii),
(3)(A)(iii), or (4)(C) after the 10-year period beginning on
the date the taxpayer acquired such property, such property
shall continue to be treated as meeting the requirements of
such paragraph; except that the amount of gain to which
subsection (a) applies on any sale or exchange of such property
shall not exceed the amount which would be qualified capital
gain had such property been sold on the date of such cessation.
``(7) Treatment of zone terminations.--The termination of
any designation of an area as a urban tax enterprise zone shall
be disregarded for purposes of determining whether any property
is a qualified zone asset.
``(c) Small Urban Enterprise Zone Business; Urban Tax Enterprise
Zone.--For purposes of this section:
``(1) Small urban enterprise zone business.--The term
`small urban enterprise zone business' means an enterprise zone
business (as defined in section 1397B) which normally employs
500 or fewer employees on any day during the taxable year;
except that, in applying section 1397B for such purposes--
``(A) references to empowerment zones shall be
treated as references only to urban tax enterprise
zones, and
``(B) the term `qualified business' shall not
include any trade or business of producing property of
a character subject to the allowance for depletion
under section 611.
``(B) Urban tax enterprise zone.--The term `urban tax
enterprise zone' means any empowerment zone, and any enterprise
community, which is located in an urban area.
``(d) Other Definitions and Special Rules.--For purposes of this
section:
``(1) Qualified capital gain.--Except as otherwise provided
in this subsection, the term `qualified capital gain' means any
long-term capital gain.
``(2) Certain gain on real property not qualified.--The
term `qualified capital gain' shall not include any gain which
would be treated as ordinary income under section 1250 if
section 1250 applied to all depreciation rather than the
additional depreciation.
``(3) Gain attributable to periods after termination of
zone designation not qualified.--The term `qualified capital
gain' shall not include any gain attributable to periods after
the termination of any designation of an area as an urban tax
enterprise zone.
``(e) Treatment of Pass-Thru Entities.--
``(1) Sales and exchanges.--Gain on the sale or exchange of
an interest in a pass-thru entity held by the taxpayer (other
than an interest in an entity which was a small urban
enterprise zone business during substantially all of the period
the taxpayer held such interest) for more than 5 years shall be
treated as gain described in subsection (a) to the extent such
gain is attributable to amounts which would be qualified
capital gain on qualified zone assets (determined as if such
assets had been sold on the date of the sale or exchange) held
by such entity for more than 5 years and throughout the period
the taxpayer held such interest. A rule similar to the rule of
paragraph (2)(C) shall apply for purposes of the preceding
sentence.
``(2) Income inclusions.--
``(A) In general.--Any amount included in income by
reason of holding an interest in a pass-thru entity
(other than an entity which was a small urban
enterprise zone business during substantially all of
the period the taxpayer held the interest to which such
inclusion relates) shall be treated as gain described
in subsection (a) if such amount meets the requirements
of subparagraph (B).
``(B) Requirements.--An amount meets the
requirements of this subparagraph if--
``(i) such amount is attributable to
qualified capital gain recognized on the sale
or exchange by the pass-thru entity of property
which is a qualified zone asset in the hands of
such entity and which was held by such entity
for the period required under subsection (a),
and
``(ii) such amount is includible in the
gross income of the taxpayer by reason of the
holding of an interest in such entity which was
held by the taxpayer on the date on which such
pass-thru entity acquired such asset and at all
times thereafter before the disposition of such
asset by such pass-thru entity.
``(C) Limitation based on interest originally held
by taxpayer.--Subparagraph (A) shall not apply to any
amount to the extent such amount exceeds the amount to
which subparagraph (A) would have applied if such
amount were determined by reference to the interest the
taxpayer held in the pass-thru entity on the date the
qualified zone asset was acquired.
``(3) Pass-thru entity.--For purposes of this subsection,
the term `pass-thru entity' means--
``(A) any partnership,
``(B) any S corporation,
``(C) any regulated investment company, and
``(D) any common trust fund.
``(f) Sales and Exchanges of Interests in Partnerships and S
Corporations Which are Qualified Zone Businesses.--In the case of the
sale or exchange of an interest in a partnership, or of stock in an S
corporation, which was a small urban enterprise zone business during
substantially all of the period the taxpayer held such interest or
stock, the amount of qualified capital gain shall be determined without
regard to--
``(1) any intangible, and any land, which is not an
integral part of any qualified business (as defined in section
1397B(d)), and
``(2) gain attributable to periods before the designation
of an area as an urban tax enterprise zone.
``(g) Certain Tax-Free and Other Transfers.--For purposes of this
section:
``(1) In general.--In the case of a transfer of a qualified
zone asset to which this subsection applies, the transferee
shall be treated as--
``(A) having acquired such asset in the same manner
as the transferor, and
``(B) having held such asset during any continuous
period immediately preceding the transfer during which
it was held (or treated as held under this subsection)
by the transferor.
``(2) Transfers to which subsection applies.--This
subsection shall apply to any transfer--
``(A) by gift,
``(B) at death, or
``(C) from a partnership to a partner thereof of a
qualified zone asset with respect to which the
requirements of subsection (d)(2) are met at the time
of the transfer (without regard to the 5-year holding
requirement).
``(3) Certain rules made applicable.--Rules similar to the
rules of section 1244(d)(2) shall apply for purposes of this
section.''
(b) Technical Amendments.--
(1) Section 172(d)(2)(B) of such Code (relating to
modifications with respect to net operating loss deduction) is
amended to read as follows:
``(B) the exclusions provided by sections 1202 and
1397D shall not be allowed.''
(2) Paragraph (4) of section 642(c) of such Code is
amended--
(A) by inserting ``or 1397D(a)'' after ``section
1202(a)'', and
(B) by striking ``section 1202'' and inserting
``such section''.
(3) The last sentence of paragraph (3) of section 643(a) of
such Code is amended to read as follows: ``The exclusions under
sections 1202 and 1397D shall not be taken into account.''
(4) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1397D,'' after ``1201,''.
(5) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by striking ``section 1202'' and
inserting ``sections 1202 and 1397D''.
(6) The section 1397D of such Code contained in part V of
subchapter U of chapter 1 of such Code (as redesignated by
subsection (a)) is redesignated as section 1397E.
(7) The table of parts for subchapter U of chapter 1 of
such Code is amended by striking the last item and inserting
the following:
``Part IV. Exclusion for capital gain
from new investments in small
businesses operating in urban
empowerment zones and
enterprise communities.
``Part V. Regulations.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Small Business Act to earmark specified funds to be expended after FY 1994 for small businesses operating in urban empowerment zones or enterprise communities (urban tax enterprise zones).
Amends the Internal Revenue Code to exclude from gross income qualified capital gain recognized on the sale or exchange of an urban tax enterprise zone asset held for more than five years. Describes such assets as enterprise zone stock, business property, and partnership interests. | {"src": "billsum_train", "title": "To amend the Small Business Act to provide financial assistance to small businesses operating in urban empowerment zones and enterprise communities and to amend the Internal Revenue Code of 1986 to allow individuals an exclusion for capital gain from new investments in those small businesses."} | 3,297 | 90 | 0.594434 | 1.433798 | 0.990633 | 3.26506 | 36.204819 | 0.879518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep It in the Ground Act of 2016''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) from 1880 through 2014, global temperatures have
increased by about 0.9 degrees Celsius;
(2) the vast majority of global warming that has occurred
over the past 50 years was due to human activities, primarily
the burning of fossil fuels;
(3) emissions of greenhouse gases and atmospheric
concentrations of greenhouse gases continue to rise, which
results in a continued warming trend;
(4) global warming already has a significant impact on the
economy, including the farming, fishing, forestry, and
recreation industries;
(5) the significant impacts of global warming that are
already occurring will be amplified by a global temperature
increase of 2 degrees Celsius, which will lead to increased
droughts, rising seas, mass extinctions, heat waves,
desertification, wildfires, acidifying oceans, significant
economic disruption, and security threats;
(6) to avoid exceeding 2 degrees Celsius warming, at least
80 percent of carbon from proven fossil fuel reserves must be
kept in the ground;
(7) the potential emissions resulting from extracting and
burning all fossil fuels on Federal land and waters amounts to
a significant percentage of the greenhouse gas emissions limit;
and
(8) ending new leases for fossil fuels will prevent the
release of 90 percent of the potential emissions from Federal
fossil fuels.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) Federal land and waters should be managed for the
benefit of the people of the United States--
(A) to avoid the most dangerous impacts of climate
change; and
(B) to promote a rapid transition to a clean energy
economy by keeping fossil fuels in the ground; and
(2) the Federal Government should pursue management of
Federal land and waters for the benefit of the people of the
United States by not issuing any new lease or renewing any
nonproducing lease for coal, oil, or natural gas in any Federal
land or waters.
SEC. 3. DEFINITIONS.
In this Act:
(1) Extend.--The term ``extend'' means the act of extending
a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
beyond the existing term of the lease.
(2) Nonproducing lease.--The term ``nonproducing lease''
means any lease under which no coal, oil, gas, oil shale, tar
sands, or other fossil fuel approved in the lease contract has
been extracted for commercial use.
(3) Reinstate.--The term ``reinstate'' means the act of
reinstating a lease under the Mineral Leasing Act (30 U.S.C.
181 et seq.) after a violation of any term of the lease that
resulted in suspension or cancellation of the lease.
(4) Renew.--The term ``renew'' means the act of renewing a
lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for
a term that is not longer than the maximum renewal term for a
lease under that Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO
AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS.
(a) Prohibition on New Oil and Gas Leasing on the Outer Continental
Shelf.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C.
1337) is amended by adding at the end the following:
``(q) Prohibition on New Oil and Gas Leasing on the Outer
Continental Shelf.--
``(1) Definitions.--In this subsection:
``(A) Extend.--
``(i) In general.--The term `extend' means
the act of extending a lease under this Act
beyond the existing term of the lease.
``(ii) Inclusion.--The term `extend'
includes the act of extending a lease following
a suspension under this Act.
``(B) Nonproducing lease.--The term `nonproducing
lease' means any lease under which any coal, oil, gas,
oil shale, tar sands, or other fossil fuel approved in
the lease contract has been extracted.
``(C) Reinstate.--The term `reinstate' means the
act of reinstating a lease under this Act after a
violation of any term of the lease that resulted in
suspension or cancellation of the lease.
``(D) Renew.--The term `renew' means the act of
renewing a lease under this Act for a term that is not
longer than the maximum renewal term for a lease under
this Act.
``(2) Prohibition.--Notwithstanding any other provision of
this Act or any other law, the Secretary of the Interior shall
not issue a new lease, renew, reinstate, or extend any
nonproducing lease, or issue any other authorization for the
exploration, development, or production of oil, natural gas, or
any other fossil fuel in--
``(A) the Arctic Ocean;
``(B) the Atlantic Ocean, including the Straits of
Florida;
``(C) the Pacific Ocean;
``(D) the Gulf of Mexico; or
``(E) any other area of the outer Continental
Shelf.''.
(b) Cancellation of Existing Leases.--Notwithstanding any other
provision of law, not later than 60 days after the date of enactment of
this Act, the Secretary shall cancel any lease issued under section 8
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before
the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or
Chukchi Sea.
SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE
LEASES ON FEDERAL LAND.
Notwithstanding any other provision of law, the Secretary shall not
conduct any lease sale, enter into any new lease, reoffer for lease any
land covered by an expiring lease, or renew, reinstate, or extend any
nonproducing lease in existence on or before the date of enactment of
this Act for onshore fossil fuels, including coal, oil, tar sands, oil
shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C.
181 et seq.).
SEC. 6. EXCEPTIONS.
(a) National Security.--
(1) In general.--Subject to paragraph (2), the Secretary
may exempt any provision of this Act or an amendment made by
this Act for a lease if the Secretary determines, on the record
and based on available information, that--
(A) there is an imminent national security threat;
and
(B) issuing an exemption for the lease would
significantly reduce the imminent national security
threat.
(2) Duration.--An exemption under paragraph (1) shall
continue only for as long as the imminent national security
threat persists.
(b) Breach of Contract.--
(1) In general.--Subject to paragraph (2), the Secretary
may allow a nonproducing lease to be renewed or extended if--
(A) the nonproducing lease contract was signed
before the date of enactment of this Act; and
(B) the Secretary determines that giving effect to
any provision of this Act or an amendment made by this
Act is likely to lead to a court with jurisdiction
ruling that there was a material breach of the
nonproducing lease contract.
(2) Duration.--A renewal or extension under paragraph (1)
shall be for the shortest time practicable, consistent with the
terms of the nonproducing lease contract.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such a provision or amendment to any person or
circumstance is held to be invalid or unconstitutional, the remainder
of this Act, the amendments made by this Act, and the application of
those provisions and amendments to any person or circumstance shall not
be affected. | Keep It in the Ground Act of 2017 This bill amends the Outer Continental Shelf Lands Act to prohibit the Bureau of Ocean Energy Management (BOEM) from issuing, renewing, reinstating, or extending any nonproducing lease, or issuing any authorization for the exploration or production of oil, natural gas, or any other fossil fuel in the Arctic Ocean, Atlantic Ocean, Pacific Ocean, Gulf of Mexico, or any other area of the Outer Continental Shelf. BOEM shall also cancel within 60 days any lease issued in the Beaufort Sea, Cook Inlet, or Chukchi Sea (three of the five bodies of water that encompass the Alaska Outer Continental Shelf). The Bureau of Land Management (BLM) must not issue, renew, reinstate, or extend any nonproducing lease for the exploration or production of any onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas, on land subject to the Mineral Leasing Act. The bill provides for exceptions if there is an imminent national security threat that would be significantly reduced by granting an exception. In addition, BOEM and the BLM may allow a nonproducing lease to be renewed or extended if the lease contract was signed before this bill, and giving effect to any provision of this bill is likely to lead to a material breach of contract. | {"src": "billsum_train", "title": "Keep It in the Ground Act of 2016"} | 1,866 | 288 | 0.478775 | 1.460856 | 0.681852 | 4.176 | 6.568 | 0.888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply Enhancement
Act''.
SEC. 2. DEFINITIONS.
(a) The term ``District'' means the Madera Irrigation District,
Madera, California.
(b) The term ``Project'' means the ``Madera Water Supply and
Enhancement Project''.
(c) The term ``Secretary'' means the Secretary of the United States
Department of the Interior.
SEC. 3. STUDY AND REPORT.
(a) Study.-- Pursuant to the Reclamation Act of 1902 (32 Stat. 388)
and Acts amendatory thereof and supplemental thereto, the Secretary,
acting through the Commissioner of the Bureau of Reclamation, and in
consultation and cooperation with the District, is authorized to
conduct a study to determine the feasibility of constructing the
Project.
(b) Report.--
(1) Transmission.--Upon completion of the study authorized
by subsection (a), the Secretary shall transmit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report containing the results of the study, together with
recommendations regarding any recommendation to construct the
project.
(2) Use of available materials.--In developing the report
under this section, the Secretary shall make use of reports and
any other relevant information supplied by the District.
(3) Deadline.--No later than December 30, 2006, the
Secretary shall complete the report and transmit the report to
Congress pursuant to subsection (b)(2).
(c) Cost Share.--
(1) Federal share.--The Federal share of the costs of the
feasibility study authorized by this section shall not exceed
50 percent of the total cost of the study.
(2) In-kind contribution for non-federal share.--The
Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the District as the
Secretary determines will contribute to the conduct and
completion of the study.
SEC. 4. COOPERATIVE AGREEMENT.
All planning, design, and construction of the Project authorized
by this Act shall be undertaken in accordance with a cooperative
agreement between the Secretary and the District for the Project. Such
cooperative agreement shall set forth in a manner acceptable to the
Secretary and the District the responsibilities of the District for
participating in the study and related environmental review, including,
but not limited to:
(1) preparation of an assessment of the need for the
project;
(2) preparation of feasibility and reconnaissance studies;
(3) environmental review;
(4) engineering and design;
(5) construction; and
(6) the administration of contracts pertaining to any of
the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--Upon submission of feasibility
report described in section 3 and a statement by the Secretary that the
project is feasible, the Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
enter into a cooperative agreement through the Bureau with the District
for the support of the design, and construction of the Project.
(b) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital costs
incurred by the District prior to the date of the enactment of this Act
shall be considered a portion of the non-Federal cost share.
(c) In-Kind Services.--In-kind services performed by the District
shall be considered a part of the local cost share to complete the
Project authorized by subsection (a).
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) reasonable costs incurred by the District as a result
of participation in the planning, design, and construction of
the Project; and
(2) for the fair market value of lands used or acquired by
the District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized such sums
as may be appropriated to carry out this section.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act.
Passed the House of Representatives July 10, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Madera Water Supply Enhancement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, to study and report to Congress on the feasibility of constructing the Madera Water Supply and Enhancement Project. Limits the federal share of the cost of the study to 50%.
Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District, California.
Authorizes the Secretary, upon determining that the Project is feasible, to enter into a cooperative agreement through the Bureau with the District for the support of the design and construction of the Project. Limits the federal share of the capital costs of the Project to 25%. Directs the Secretary, before obligating funds, to work cooperatively to use plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project.
Terminates the Secretary's authority to carry out this Act 10 years after its enactment. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project."} | 1,190 | 220 | 0.653666 | 1.761787 | 0.90551 | 5.094241 | 5.790576 | 0.926702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Book on Equal Access to Justice
Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (c)(1), by striking ``, United States
Code'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by striking subsection (e) and inserting the following:
``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report to the Congress, not
later than March 31 of each year, on the amount of fees and other
expenses awarded during the preceding fiscal year pursuant to this
section. The report shall describe the number, nature, and amount of
the awards, the claims involved in the controversy, and any other
relevant information that may aid the Congress in evaluating the scope
and impact of such awards. The report shall be made available to the
public online.
``(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
``(f) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this section:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, if
available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order.
``(h) The head of each agency shall provide to the Chairman of the
Administrative Conference in a timely manner all information requested
by the Chairman to comply with the requirements of subsections (e),
(f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended by adding at the end the following:
``(5)(A) The Chairman of the Administrative Conference of the
United States shall submit to the Congress, not later than March 31 of
each year, a report on the amount of fees and other expenses awarded
during the preceding fiscal year pursuant to this subsection. The
report shall describe the number, nature, and amount of the awards, the
claims involved in each controversy, and any other relevant information
that may aid the Congress in evaluating the scope and impact of such
awards. The report shall be made available to the public online.
``(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
``(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this subsection:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph (6) may
not reveal any information the disclosure of which is prohibited by law
or court order.
``(8) The head of each agency (including the Attorney General of
the United States) shall provide to the Chairman of the Administrative
Conference of the United States in a timely manner all information
requested by the Chairman to comply with the requirements of paragraphs
(5), (6), and (7).''.
(c) Clerical Amendments.--Section 2412 of title 28, United States
Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28,
United States Code,'' and inserting ``of this
section''; and
(B) by striking ``of such title'' and inserting
``of this title''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall first apply with respect to awards of fees and other
expenses that are made on or after the date of the enactment of
this Act.
(2) Initial reports.--The first reports required by section
504(e) of title 5, United States Code, and section 2412(d)(5)
of title 28, United States Code, shall be submitted not later
than March 31 of the calendar year following the first calendar
year in which a fiscal year begins after the date of the
enactment of this Act.
(3) Online databases.--The online databases required by
section 504(f) of title 5, United States Code, and section
2412(d)(6) of title 28, United States Code, shall be
established as soon as practicable after the date of the
enactment of this Act, but in no case later than the date on
which the first reports under section 504(e) of title 5, United
States Code, and section 2412(d)(5) of title 28, United States
Code, are required to be submitted under paragraph (2) of this
subsection. | Open Book on Equal Access to Justice Act Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to report to Congress annually on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires that such reports: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online. Directs the Chairman to create and maintain online a searchable database containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency, including the Attorney General, to provide the Chairman all information requested to comply with such requirements. | {"src": "billsum_train", "title": "Open Book on Equal Access to Justice Act"} | 1,514 | 238 | 0.656226 | 2.138484 | 0.827191 | 4.964758 | 6.625551 | 0.911894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Inspector General for the
Troubled Asset Relief Program Act of 2009''.
SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5231) is amended--
(1) in subsection (c), by adding at the end the following:
``(4)(A) Except as provided under subparagraph (B) and in
addition to the duties specified in paragraphs (1), (2), and
(3), the Special Inspector General shall have the authority to
conduct, supervise, and coordinate an audit or investigation of
any action taken under this title as the Special Inspector
General determines appropriate.
``(B) Subparagraph (A) shall not apply to any action taken
under section 115, 116, 117, or 125.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``subsection
(c)(1)'' and inserting ``subsection (c)(1) and (4)'';
and
(B) by adding at the end the following:
``(3) The Office of the Special Inspector General for the
Troubled Asset Relief Program shall be treated as an office
included under section 6(e)(3) of the Inspector General Act of
1978 (5 U.S.C. App.) relating to the exemption from the initial
determination of eligibility by the Attorney General.''.
SEC. 3. PERSONNEL AUTHORITIES.
Section 121(e) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231(e)) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), the Special Inspector General may
exercise the authorities of subsections (b) through (i) of section 3161
of title 5, United States Code (without regard to subsection (a) of
that section).
``(ii) In exercising the employment authorities under subsection
(b) of section 3161 of title 5, United States Code, as provided under
clause (i) of this subparagraph--
``(I) the Special Inspector General may not make any
appointment on and after the date occurring 6 months after the
date of enactment of the Special Inspector General for the
Troubled Asset Relief Program Act of 2009;
``(II) paragraph (2) of that subsection (relating to
periods of appointments) shall not apply; and
``(III) no period of appointment may exceed the date on
which the Office of the Special Inspector General terminates
under subsection (k).''; and
(2) by adding at the end the following:
``(5)(A) Except as provided under subparagraph (B), if an annuitant
receiving an annuity from the Civil Service Retirement and Disability
Fund becomes employed in a position within the Office of the Special
Inspector General for the Troubled Asset Relief Program, his annuity
shall continue. An annuitant so reemployed shall not be considered an
employee for purposes of chapter 83 or 84 of title 5, United States
Code.
``(B) Subparagraph (A) shall apply to--
``(i) not more than 25 employees at any time as designated
by the Special Inspector General; and
``(ii) pay periods beginning after the date of enactment of
the Special Inspector General for the Troubled Asset Relief
Program Act of 2009.''.
SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION WITH OTHER
ENTITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5231) is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Corrective Responses to Audit Problems.--The Secretary
shall--
``(1) take action to address deficiencies identified by a report or
investigation of the Special Inspector General or other auditor engaged
by the TARP; or
``(2) certify to appropriate committees of Congress that no action
is necessary or appropriate.
``(g) Cooperation and Coordination With Other Entities.--In
carrying out the duties, responsibilities, and authorities of the
Special Inspector General under this section, the Special Inspector
General shall work with each of the following entities, with a view
toward avoiding duplication of effort and ensuring comprehensive
oversight of the Troubled Asset Relief Program through effective
cooperation and coordination:
``(1) The Inspector General of the Department of Treasury.
``(2) The Inspector General of the Federal Deposit
Insurance Corporation.
``(3) The Inspector General of the Securities and Exchange
Commission.
``(4) The Inspector General of the Federal Reserve Board.
``(5) The Inspector General of the Federal Housing Finance
Board.
``(6) The Inspector General of any other entity as
appropriate.
``(h) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member of the
Council of the Inspectors General on Integrity and Efficiency
established under section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) until the date of termination of the Office of the Special
Inspector General for the Troubled Asset Relief Program.''.
SEC. 5. REPORTING REQUIREMENTS.
Subsection (i) (as so redesignated by section 4) of section 121 of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is
amended--
(1) in paragraph (1), by striking the first sentence and
inserting ``Not later than 60 days after the confirmation of
the Special Inspector General, and not later than 30 days
following the end of each fiscal quarter, the Special Inspector
General shall submit to the appropriate committees of Congress
a report summarizing the activities of the Special Inspector
General during that fiscal quarter.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Not later than September 1, 2009, the Special Inspector
General shall submit a report to Congress assessing use of any funds,
to the extent practical, received by a financial institution under the
TARP and make the report available to the public, including posting the
report on the home page of the website of the Special Inspector General
within 24 hours after the submission of the report.''; and
(4) by adding at the end the following:
``(5) Except as provided under paragraph (3), all reports submitted
under this subsection shall be available to the public.''.
SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL.
Subsection (j)(1) (as so redesignated by section 4) of section 121
of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is
amended by inserting before the period at the end the following: ``,
not later than 7 days after the date of enactment of the Special
Inspector General for the Troubled Asset Relief Program Act of 2009''.
SEC. 7. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
The Special Inspector General for Iraq Reconstruction and the
Special Inspector General for Afghanistan Reconstruction shall be a
members of the Council of the Inspectors General on Integrity and
Efficiency established under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.) until the date of termination of the Office of the
Special Inspector General for Iraq Reconstruction and the Office of the
Special Inspector General for Afghanistan Reconstruction, respectively. | Special Inspector General for the Troubled Asset Relief Program Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 to grant the Special Inspector General (SIG) authority to conduct, supervise, and coordinate an audit or investigation of any action taken with regard to the Troubled Asset Relief Program (TARP) that the SIG deems appropriate.
Prohibits any audit or investigation, however, of any action related to: (1) graduated authorization to purchase troubled assets; (2) oversight and audits by the Comptroller General; (3) the Comptroller General's study and report on margin authority; and (4) the Congressional Oversight Panel.
Authorizes the SIG to exercise specified employment authorities for additional personnel, but not after six months following enactment of this Act.
Prohibits any period of appointment from exceeding the date on which the Office of the SIG terminates.
States that if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed within the Office of the SIG for the Troubled Asset Relief Program, such annuity shall continue. Limits such allowance to: (1) not more than 25 employees at any time as designated by the SIG; and (2) only pay periods beginning after the enactment of this Act.
Requires the Secretary of the Treasury either to: (1) take action to address deficiencies identified by a report or investigation of the SIG or other auditor engaged by the TARP; or (2) certify to congressional committees that no action is necessary or appropriate.
Instructs the SIG to work with Inspectors General of designated federal agencies to: (1) avoid duplication of effort; and (2) ensure comprehensive oversight of TARP.
Requires the SIG to: (1) report to Congress by September 1, 2009, on the use of any funds received by a financial institution under TARP; and (2) make such report available to the public, including on the home page of the SIG's website within 24 hours after its submission to Congress.
Requires funding for the office of the SIG to be made available not later than seven days after the the date of enactment of this Act.
Makes the Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction members of the Council of the Inspectors General on Integrity and Efficiency until the termination of their respective Offices. | {"src": "billsum_train", "title": "To amend the Emergency Economic Stabilization Act of 2008 to provide the Special Inspector General with additional authorities and responsibilities, and for other purposes."} | 1,711 | 509 | 0.526986 | 1.842668 | 0.753652 | 3.891353 | 3.614191 | 0.871397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Forest Rescue Act of
2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fire and land management policies have contributed to
the increasing severity and intensity of wildfires over the
past few decades;
(2) a large proportion of Federal forest land is in a
condition of serious degradation because of trees that are--
(A) diseased; or
(B) dying because of--
(i) insect infestation;
(ii) invasive plant species; or
(iii) other natural disasters (including
blowdowns and wildfires);
(3) the drought conditions of 2002 are exacerbating the
conditions on Federal forest land, making the Federal forest
land particularly susceptible to an increased threat of
wildfires;
(4) in addition to threatening Federal forest land,
wildfires threaten thousands of communities that are located on
the border or within the boundaries of the Federal forest land;
(5) the 2000 and 2002 fire seasons demonstrate the
devastation that is possible if emergency action is not taken
to reduce the increased threat of wildfire from diseased and
dying trees;
(6) the combination of drought and diseased and dying trees
creates even more dangerous conditions under which--
(A) the severity of wildfires increases; and
(B) wildfires pose a greater threat to public
health and safety; and
(7) it is critically important that the heads of Federal
agencies responsible for managing Federal forest land have the
authority to declare as emergency mitigation areas any Federal
forest land that has a dangerous buildup of dead or dying trees
because of disease, insect infestation, invasive plant species,
or other natural disasters, for the purposes of--
(A) reducing the threat of wildfires; and
(B) protecting Federal forest land and the
communities located near or adjacent to the Federal
forest land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Designee.--The term ``designee'' means--
(A) the Chief of the Forest Service;
(B) the Director of the Bureau of Land Management;
or
(C) the Director of the United States Fish and
Wildlife Service.
(2) Emergency mitigation area.--The term ``emergency
mitigation area'' means an area designated by the Secretary
under section 4(a).
(3) Federal forest land.--The term ``Federal forest land''
means any forest land under the jurisdiction of the Secretary.
(4) Secretary.--The term ``Secretary'' means--
(A) in the case of Federal forest land under the
jurisdiction of the Forest Service, the Secretary of
Agriculture; or
(B) in the case of Federal forest land under the
jurisdiction of the Bureau of Land Management or the
United States Fish and Wildlife Service, the Secretary
of the Interior.
SEC. 4. EMERGENCY MITIGATION AREAS.
(a) Designation.--The Secretary or a designee shall designate as an
emergency mitigation area any Federal forest land that--
(1) is experiencing a severe drought; and
(2) has a large quantity of trees that are dead or dying
because of disease, insect infestation, an invasive plant
species, or other natural disaster.
(b) Emergency Circumstance.--Designation of an emergency mitigation
area under subsection (a) is an emergency circumstance within the
meaning of part 1506.11 of title 40, Code of Federal Regulations (or a
successor regulation).
(c) Alternative Arrangements.--
(1) In general.--On designation of an emergency mitigation
area under subsection (a), the Secretary or a designee shall
request from the Council on Environmental Quality authority to
use any alternative arrangement (including timber harvesting)
in the emergency mitigation area that is necessary to protect
trees in the emergency mitigation area from disease, insect
infestation, an invasive plant species, or other natural
disaster.
(2) Exemption from applicable law.--In carrying out an
alternative arrangement approved by the Council on
Environmental Quality under paragraph (1), the Secretary of
Agriculture or a designee shall be exempt from the requirements
of section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note). | Emergency Forest Rescue Act of 2002 - Directs the Secretary of Agriculture and the Secretary of the Interior to: (1) designate Federal forest land that is at wildfire risk because of severe drought and dead and dying trees as an emergency mitigation area; and (2) request authority from the Council on Environmental Quality to use alternative arrangements (including timber harvesting) to protect trees in such an area from disease, insect infestation, invasive plant species, or other natural disaster. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture and the Secretary of the Interior to designate certain Federal forest land at risk for catastrophic wildfires as emergency mitigation areas, to authorize the use of alternative arrangements in those areas, and for other purposes."} | 914 | 93 | 0.619917 | 1.536231 | 1.087897 | 3.044444 | 9.555556 | 0.933333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Temporary Tax
Holiday and Government Reduction Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PAYROLL TAX RELIEF
Sec. 101. Extension of payroll tax holiday.
TITLE II--DEFICIT REDUCTION
Subtitle A--Reform of Federal Benefits for Millionaires
Sec. 201. Ending unemployment and supplemental nutrition assistance
program benefits for millionaires.
Sec. 202. Increase in the Medicare part B and D premiums for higher-
income Medicare beneficiaries.
Subtitle B--Federal Employee Provisions
Sec. 211. Reduction in the number of Federal employees.
Sec. 212. Extension of pay freeze for Federal employees.
Sec. 213. Reduction of revised discretionary spending limits to achieve
savings from Federal employee provisions.
Subtitle C--Buffett Rule Act of 2011
Sec. 221. Short title.
Sec. 222. Donation to pay down national debt.
TITLE I--PAYROLL TAX RELIEF
SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY.
Section 601(c) of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is
amended by striking ``year 2011'' and inserting ``years 2011 and
2012''.
TITLE II--DEFICIT REDUCTION
Subtitle A--Reform of Federal Benefits for Millionaires
SEC. 201. ENDING UNEMPLOYMENT AND SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM BENEFITS FOR MILLIONAIRES.
(a) Ending Unemployment Benefits for Millionaires.--
(1) In general.--Subtitle E of the Internal Revenue Code of
1986 is amended by adding at the end the following new chapter:
``CHAPTER 56--EXCESS UNEMPLOYMENT COMPENSATION
``Sec. 5895. Excess unemployment compensation.
``SEC. 5895. EXCESS UNEMPLOYMENT COMPENSATION.
``(a) Imposition of Tax.--There is hereby imposed a tax equal to
100 percent of the excess unemployment compensation received by a
taxpayer in any taxable year.
``(b) Excess Unemployment Compensation.--For purposes of this
section, the term `excess unemployment compensation' means, with
respect to any State, the amount which bears the same ratio (not to
exceed 1) to the amount of unemployment compensation received by the
taxpayer from such State in the taxable year as--
``(1) the excess of--
``(A) the taxpayer's adjusted gross income for such
taxable year, over
``(B) $750,000 ($1,500,000 in the case of a joint
return), bears to
``(2) $250,000 ($500,000 in the case of a joint return).
``(c) Additional Definitions.--For purposes of this section--
``(1) Adjusted gross income.--The term `adjusted gross
income' has the meaning given such term by section 62.
``(2) Unemployment compensation.--The term `unemployment
compensation' has the meaning given such term by section 85(b).
``(d) Administrative Provisions.--For purposes of the deficiency
procedures of subtitle F, any tax imposed by this section shall be
treated as a tax imposed by subtitle A.
``(e) Transfer of Tax Receipts.--With respect to excess
unemployment compensation received by any taxpayer from a State, there
is hereby appropriated to the unemployment fund (as defined in section
3306(f)) of such State, an amount equal to the amount of the tax
imposed under subsection (a) on such excess unemployment compensation
received in the Treasury.''.
(2) Tax not deductible.--Section 275(a) of the Internal
Revenue Code of 1986 is amended by inserting after paragraph
(6) the following new paragraph:
``(7) Tax imposed by section 5895.''.
(3) Clerical amendment.--The table of chapters for subtitle
E of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Chapter 56--Excess Unemployment Compensation''.
(4) Effective date.--The amendments made by this subsection
shall apply to unemployment compensation received in taxable
years beginning after December 31, 2011.
(b) Ending Supplemental Nutrition Assistance Program Benefits for
Millionaires.--
(1) In general.--Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015) is amended by adding at the end the
following:
``(r) Disqualification for Receipt of Assets of at Least
$1,000,000.--Any household in which a member receives income or assets
with a fair market value of at least $1,000,000 shall, immediately on
the receipt of the assets, become ineligible for further participation
in the program until the date on which the household meets the income
eligibility and allowable financial resources standards under section
5.''.
(2) Conforming amendments.--Section 5(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the
second sentence by striking ``sections 6(b), 6(d)(2), and
6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) of
section 6''.
SEC. 202. INCREASE IN THE MEDICARE PART B AND D PREMIUMS FOR HIGHER-
INCOME MEDICARE BENEFICIARIES.
(a) Increase.--
(1) In general.--Section 1839(i)(3) of the Social Security
Act (42 U.S.C. 1395r(i)(3)) is amended--
(A) in subparagraph (A)(i), by inserting ``and
year'' after ``individual'';
(B) in the table specified in subparagraph (C)(i)--
(i) in the fourth row, by inserting ``but
not more than $750,000'' after ``$200,000'';
and
(ii) by adding at the end the following 2
new rows:
------------------------------------------------------------------------
More than $750,000 but not more than $1,000,000............ 95 percent
More than $1,000,000....................................... 100 percent
------------------------------------------------------------------------
(2) Effective date.--The amendments made by paragraph (1)
shall apply to 2013 and subsequent years.
(b) Extension of Freeze on Inflation Adjustments.--Section
1839(i)(6) of the Social Security Act (42 U.S.C. 1395r(i)(6)) is
amended, in the matter preceding subparagraph (A), by striking
``December 31, 2019'' and inserting ``December 31, 2022''.
Subtitle B--Federal Employee Provisions
SEC. 211. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.
(a) Definitions.--In this section--
(1) the term ``agency'' means an executive agency as
defined under section 105 of title 5, United States Code; and
(2) the term ``employee'' has the meaning given that term
under section 2105 of title 5, United States Code.
(b) Determination of Number of Employees.--Not later than 60 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget and the Director of the Office of Personnel
Management shall determine the number of full-time employees employed
in each agency. The head of each agency shall cooperate with the
Director of the Office of Management and Budget and the Director of the
Office of Personnel Management in making the determinations.
(c) Replacement Hire Rate.--
(1) In general.--During the period described under
paragraph (2), the head of each agency may hire no more than 1
employee in that agency for every 3 full-time employees who
leave employment in that agency.
(2) Period of replacement hire rate.--Paragraph (1) shall
apply to each agency during the period beginning 60 days after
the date of enactment of this Act and ending on the date on
which the Director of the Office of Management and Budget and
the Director of the Office of Personnel Management make a
determination that the number of full-time employees employed
in that agency is 10 percent less than the number of full-time
employees employed in that agency determined under subsection
(b).
(d) Waivers.--
(1) In general.--This section may be waived upon a written
determination by the President that--
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, public safety, property, or
the environment so requires.
(2) Submission to congress.--The President shall submit to
Congress any written determination under paragraph (1).
SEC. 212. EXTENSION OF PAY FREEZE FOR FEDERAL EMPLOYEES.
(a) In General.--Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242; 5 U.S.C. 5303 note) is amended--
(1) in subsection (b)(1), by striking ``December 31, 2012''
and inserting ``December 31, 2015''; and
(2) in subsection (c), by striking ``December 31, 2012''
and inserting ``December 31, 2015''.
(b) Clarification That Freeze Applies to Legislative Branch.--
(1) Members of congress.--Notwithstanding any other
provision of law, no adjustment shall be made under section
601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C.
31) (relating to cost of living adjustments for Members of
Congress) during the period beginning on the first day of the
first pay period beginning on or after February 1, 2013 and
ending on December 31, 2015.
(2) Legislative branch employees.--
(A) Definition.--In this paragraph, the term
``legislative branch employee'' means--
(i) an employee whose pay is disbursed by
the Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives; and
(ii) an employee of any agency established
in the legislative branch.
(B) Freeze.--Notwithstanding any other provision of
law, no cost of living adjustment required by statute
with respect to a legislative branch employee which
(but for this subparagraph) would otherwise take effect
during the period beginning on the date of enactment of
this Act and ending on December 31, 2015 shall be made.
SEC. 213. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE
SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS.
Section 251A(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(2)) is amended to read as follows:
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013 through
2021 under section 251(c) shall be replaced with the following:
``(A) For fiscal year 2013--
``(i) for the revised security category,
$542,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $493,000,000,000 in budget authority.
``(B) For fiscal year 2014--
``(i) for the revised security category,
$548,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $497,000,000,000 in budget authority.
``(C) For fiscal year 2015--
``(i) for the revised security category,
$556,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $503,000,000,000 in budget authority.
``(D) For fiscal year 2016--
``(i) for the revised security category,
$567,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $512,000,000,000 in budget authority.
``(E) For fiscal year 2017--
``(i) for the revised security category,
$579,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $522,000,000,000 in budget authority.
``(F) For fiscal year 2018--
``(i) for the revised security category,
$592,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $534,000,000,000 in budget authority.
``(G) For fiscal year 2019--
``(i) for the revised security category,
$605,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $546,000,000,000 in budget authority.
``(H) For fiscal year 2020--
``(i) for the revised security category,
$618,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $557,000,000,000 in budget authority.
``(I) For fiscal year 2021--
``(i) for the revised security category,
$632,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $568,000,000,000 in budget
authority.''.
Subtitle C--Buffett Rule Act of 2011
SEC. 221. SHORT TITLE.
This title may be cited as the ``Buffett Rule Act of 2011''.
SEC. 222. DONATION TO PAY DOWN NATIONAL DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DONATIONS TO PAY DOWN NATIONAL DEBT
``Sec. 6097. Donation to pay down national debt.
``SEC. 6097. DONATION TO PAY DOWN NATIONAL DEBT.
``(a) General Rule.--Every taxpayer who makes a return of the tax
imposed by subtitle A for any taxable year may donate an amount (not
less than $1), in addition to any payment of tax for such taxable year,
which shall be deposited in the general fund of the Treasury.
``(b) Manner and Time of Designation.--Any donation under
subsection (a) for any taxable year--
``(1) shall be made at the time of filing the return of the
tax imposed by subtitle A for such taxable year and in such
manner as the Secretary may by regulation prescribe, except
that--
``(A) the designation for such donation shall be
either on the first page of the return or on the page
bearing the taxpayer's signature, and
``(B) the designation shall be by a box added to
the return, and the text beside the box shall provide:
``By checking here, I signify that in addition to my tax liability, I would like to donate the included payment
to be used exclusively for the purpose of paying down the national debt.'',
and
``(2) shall be accompanied by a payment of the amount so
designated.
``(c) Treatment of Amounts Donated.--For purposes of this title,
the amount donated by any taxpayer under subsection (a) shall be
treated as a contribution made by such taxpayer to the United States on
the last date prescribed for filing the return of tax imposed by
subtitle A (determined without regard to extensions) or, if later, the
date the return is filed.
``(d) Transfers to Account To Reduce Public Debt.--The Secretary
shall, from time to time, transfer to the special account established
by section 3113(d) of title 31, United States Code, amounts equal to
the amounts donated under this section.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
such chapter is amended by adding at the end the following new item:
``Part IX. Donations To Pay Down National Debt''.
(c) Effective Date.--The amendments made by this section shall
apply to returns for taxable years ending after December 31, 2011. | Temporary Tax Holiday and Government Reduction Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2012 the 2% reduction in employment and self-employment tax rates.
Amends the Internal Revenue Code to impose a 100% tax on excess unemployment compensation, as defined by this Act, received by certain high-income taxpayers.
Amends the Food and Nutrition Act of 2008 to render ineligible for the supplemental nutrition assistance program (SNAP), formerly food stamps, any household in which a member receives income or assets with a fair market value of at least $1 million.
Amends title XVIII (Medicare) of the Social Security Act to: (1) increase Medicare Part B and D premiums for Medicare beneficiaries with adjusted gross incomes over $750,000, and (2) extend through 2022 the freeze on the inflation adjustment to the income threshold for the Medicare premium subsidy eligibility.
Requires the Director of the Office of Management and Budget (OMB) and the Director of the Office of Personnel Management (OPM) to determine the number of full-time employees employed in each federal agency. Prohibits a head of a federal agency from hiring more than 1 employee for every 3 full-time employees who leave employment in such agency until OMB and OPM make a determination that the number of full-time federal employees is 10% less than the initial level determined by OMB and OPM.
Extends the freeze on the pay of federal employees through 2015. Provides that such extended pay freeze applies to legislative branch employees, including Members of Congress.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to reduce levels of discretionary spending for FY2013-FY2021.
Buffett Rule Act of 2011 - Amends the Internal Revenue Code to allow taxpayers to donate an amount (not less than $1), in addition to any tax owed, which shall be deposited in the general fund of the Treasury and transferred to an account used to reduce the public debt. | {"src": "billsum_train", "title": "A bill to provide civilian payroll tax relief, to reduce the Federal budget deficit, and for other purposes."} | 3,729 | 440 | 0.521989 | 1.529067 | 0.70674 | 3.732468 | 8.187013 | 0.875325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Nurse Act of 2006''.
SEC. 2. AMENDING PUBLIC HEALTH SERVICE ACT WITH RESPECT TO THE OFFICE
OF THE NATIONAL NURSE.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following section:
``SEC. 1711. OFFICE OF THE NATIONAL NURSE.
``(a) Establishment of Office.--There is established within the
Office of Public Health and Science an office to be known as the Office
of the National Nurse, which shall be headed by an individual serving
in a position to be known as the National Nurse. The Secretary shall
appoint a registered nurse to serve in such position. The Secretary
shall carry out this section acting through the National Nurse.
``(b) Duties.--The National Nurse shall--
``(1) carry out activities to encourage individuals to
enter the nursing profession, including providing education on
the distinct role of nurses in the health professions and
examining nursing issues that would increase public safety,
such as issues relating to staff levels, working conditions,
and patient input;
``(2) carry out activities to encourage nurses to become
educators in schools of nursing;
``(3) carry out activities to promote the public health,
including encouraging nurses to be volunteers to projects that
educate the public on achieving better health; and
``(4) conduct media campaigns and make personal appearances
for purposes of paragraphs (1) through (3).
``(c) Annual Priorities on Achieving Better Health.--
``(1) In general.--Each fiscal year the National Nurse
shall designate four methods of achieving better health that
will be given priority by the National Nurse in carrying out
subsection (b)(3) (referred to in this subsection as `annual
health priorities'). The National Nurse shall designate such
priorities in consultation with the Surgeon General of the
Public Health Service, the heads of the agencies of such
Service, the States, and organizations that represent health
professionals.
``(2) Community-based projects.--
``(A) In general.--In carrying out subsection
(b)(3), the National Nurse shall make grants to
nonprofit private entities to carry out projects for
the purpose of educating the public on the annual
health priorities, including outreach activities in
settings such as schools, senior centers, and
libraries.
``(B) State coordinators; nurse teams.--In making
grants under subparagraph (A), the National Nurse shall
provide for the following with respect to a State and
particular communities in which activities under the
grant will be carried out:
``(i) The designation of an individual to
coordinate such activities within the State
(referred to in this paragraph as the `State
coordinator').
``(ii) Under the guidance of the State
coordinator, the formation of teams of nurses
who volunteer to provide the education referred
to subparagraph (A), which teams are diverse
and representative in terms of educational
level in the field of nursing and in terms of
racial and ethnic minority groups.
``(iii) The collection in such communities,
in accordance with criteria of the National
Nurse, of data relating to the annual health
priorities.
``(C) Media campaigns.--The National Nurse shall
ensure that media campaigns under subsection (b)(4)
include media campaigns regarding the annual health
priorities.
``(D) Evaluations.--The National Nurse shall,
directly or through awards of grants or contracts,
evaluate projects under subparagraph (A) to determine
the extent to which the projects have been successful
in carrying out the purpose described in such
subparagraph.
``(E) Dissemination of information.--The National
Nurse shall--
``(i) disseminate information obtained in
the evaluations under subparagraph (D); and
``(ii) disseminate such other information
obtained pursuant to projects under
subparagraph (A) as the National Nurse
determines to be appropriate.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.''. | National Nurse Act of 2006 - Amends the Public Health Service Act to establish the Office of the National Nurse within the Office of Public Health and Science to: (1) encourage individuals to enter the nursing profession; (2) encourage nurses to become educators in schools of nursing; and (3) promote the public health.
Requires the National Nurse to: (1) designate four methods of achieving better health that will be given priority; and (2) make grants to nonprofit private entities to carry out projects for the purpose of educating the public on the annual health priorities. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish an Office of the National Nurse."} | 934 | 112 | 0.706153 | 1.715746 | 1.776192 | 4.530973 | 7.769912 | 0.973451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``External Regulation of the
Department of Energy Act''.
SEC. 2. ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY.
Effective October 1, 2001, the Department of Energy shall have no
regulatory or enforcement authority with respect to nuclear safety and
occupational safety and health responsibilities assumed by the Nuclear
Regulatory Commission under section 3 or by the Occupational Safety and
Health Administration under section 4 at any facility owned or operated
by the Department.
SEC. 3. NUCLEAR REGULATORY COMMISSION AUTHORITY.
(a) Nuclear Safety Regulatory and Enforcement Responsibilities.--
Effective October 1, 2001, the Nuclear Regulatory Commission shall
assume the nuclear safety regulatory and enforcement responsibilities
of the Department of Energy under the Atomic Energy Act of 1954 with
regard to facilities owned or operated by the Department.
(b) Licensed Entities.--For the purposes of carrying out at
facilities owned or operated by the Department of Energy regulatory and
enforcement responsibilities described in subsection (a), the Nuclear
Regulatory Commission may regulate, through licensing, certification,
or other appropriate means, the Department, the Department's
contractors, or both.
(c) Decommissioning.--A contractor operating a facility owned by
the Department of Energy shall not be responsible for the costs of
decommissioning that facility. No enforcement action may be taken
against such contractor for any violation of Nuclear Regulatory
Commission decommissioning requirements, if such violation is the
result of a failure of the Department to authorize or fund
decommissioning activities. The Nuclear Regulatory Commission and the
Department shall, not later than January 1, 2002, enter into a
memorandum of understanding establishing decommissioning procedures and
requirements for facilities owned or operated by the Department.
(d) Administration.--The responsibilities assumed by the Nuclear
Regulatory Commission under this section shall be administered by the
Nuclear Regulatory Commission, not by States.
(e) Regulation of Defense Nuclear Facilities.--
(1) Repeal.--Chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.) is repealed.
(2) Dedicated organizational element.--The Nuclear
Regulatory Commission shall establish an organizational element
dedicated solely to the regulation of defense nuclear
facilities within the Department of Energy.
(3) Use of available resources.--In carrying out the
responsibilities assumed under this section, the Nuclear
Regulatory Commission shall employ appropriate personnel or
other resources available as a result of the repeal made by
paragraph (1) of this subsection.
(f) Judicial Review.--Section 189b. of the Atomic Energy Act of
1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph
after paragraph (4):
``(5) Any final order or regulation of the Commission
establishing standards to govern facilities owned or operated
by the Department of Energy that are issued to implement the
Commission's responsibilities under the External Regulation of
the Department of Energy Act, and any final determination of
the Commission relating to whether a facility owned or operated
by the Department is in compliance with such standards and all
applicable Commission regulations or orders.''.
(g) Employee Protection.--Any Department of Energy contractor
operating a facility that is regulated by the Nuclear Regulatory
Commission under this section shall be subject to section 211 of the
Energy Reorganization Act of 1974 (41 U.S.C. 5851) to the same extent
as any other employer subject to such section 211.
(h) Conflict of Interest.--Section 170A of the Atomic Energy Act of
1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other
arrangements of the Nuclear Regulatory Commission proposed or entered
into pursuant to its responsibilities assumed under this section.
SEC. 4. OCCUPATIONAL SAFETY AND HEALTH.
(a) OSHA Jurisdiction.--Notwithstanding section 4(b)(1) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) and
any other provision of law, effective October 1, 2001, the Occupational
Safety and Health Administration shall assume the regulatory and
enforcement responsibilities of the Department of Energy relating to
matters covered by the Occupational Safety and Health Act of 1970 with
regard to all facilities owned or operated by the Department, except as
provided in subsection (b). Any Department contractor operating such a
facility shall, with respect to matters relating to occupational safety
and health, be considered to be an employer for purposes of the
Occupational Safety and Health Act of 1970.
(b) Regulation of Hazards Containing Radiological and Non-
Radiological Component.--If a hazard at a facility owned or operated by
the Department presents a risk of occupational exposure and contains
both a radiological and non-radiological component, the Occupational
Safety and Health Administration and the Nuclear Regulatory Commission
shall, effective October 1, 2001, share regulatory and enforcement
responsibilities with respect to the hazard in accordance with the
memorandum of understanding entered into pursuant to section 5.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
The Nuclear Regulatory Commission and the Occupational Safety and
Health Administration shall, before January 1, 2001, enter into and
transmit to the Congress a memorandum of understanding to govern the
exercise of their respective authorities over nuclear safety and
occupational safety and health at facilities owned or operated by the
Department of Energy.
SEC. 6. CIVIL PENALTIES.
The Department of Energy's contractor operating a facility owned or
operated by the Department shall not be liable for civil penalties
under the Atomic Energy Act of 1954 or the Occupational Safety and
Health Act of 1970 for any actions taken before October 1, 2001,
pursuant to the instructions of a Federal agency in preparation for the
transfer of regulatory and enforcement responsibilities required by
this Act.
SEC. 7. INDEMNIFICATION.
The Secretary of Energy shall continue to indemnify facilities
owned or operated by the Department in accordance with the provisions
of section 170d. of the Atomic Energy Act of 1954.
SEC. 8. DEPARTMENT OF ENERGY REPORTING REQUIREMENT.
By April 1, 2001, the Secretary of Energy shall transmit to the
Committee on Commerce, the Committee on Science, and the Committee on
Appropriations of the House of Representatives, and the Committee on
Energy and Natural Resources and the Committee on Appropriations of the
Senate, a plan for the termination of the Department's regulatory and
enforcement responsibilities for facilities owned or operated by the
Department required by this Act. The report shall include--
(1) a detailed transition plan, drafted in coordination
with the Nuclear Regulatory Commission and the Occupational
Safety and Health Administration, giving the schedule for
termination of self-regulation authority as outlined in section
2, including the activities to be coordinated with the Nuclear
Regulatory Commission and the Occupational Safety and Health
Administration;
(2) a description of any issues remaining to be resolved
with the Nuclear Regulatory Commission, the Occupational Safety
and Health Administration, or other external regulators, and a
timetable for resolving such issues before October 1, 2001; and
(3) an estimate of--
(A) the annual cost of administering and
implementing self-regulation of the nuclear safety and
occupational safety and health responsibilities
described in sections 3 and 4 at facilities owned or
operated by the Department;
(B) the number of Federal and contractor employees
administering and implementing such self-regulation;
and
(C) the extent and schedule by which the Department
and the staffs at its facilities will be reduced as a
result of implementation of this Act. | (Sec. 3) Amends the Atomic Energy Act of 1954 to abolish the Defense Nuclear Facilities Safety Board.
(Sec. 4) Provides that if a hazard at a DOE facility presents a risk of occupational exposure and contains both a radiological and non-radiological component, OSHA and the NRC shall share regulatory and enforcement responsibilities in accordance with a mandated Memorandum of Understanding governing their respective authorities over nuclear safety and occupational health and safety at DOE facilities.
(Sec. 6) Shields a DOE contractor from civil liability for actions taken before October 1, 2001, pursuant to the instructions of a Federal agency in preparation for the transfer of functions under this Act.
(Sec. 7) Maintains the responsibility of the Secretary of Energy (Secretary) to indemnify DOE facilities in accordance with specified provisions of the Atomic Energy Act of 1954.
(Sec. 8) Instructs the Secretary to transmit to certain congressional committees a termination plan for DOE regulatory and enforcement responsibilities with respect to DOE facilities. | {"src": "billsum_train", "title": "External Regulation of the Department of Energy Act"} | 1,661 | 239 | 0.55599 | 1.607831 | 0.638384 | 3.740933 | 7.663212 | 0.860104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Continuation Act''.
SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF
APPLICANT FOR BENEFITS.
(a) In General.--Chapter 51 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5127. Deaths of applicants for benefits: continuation of claims
and substitution of parties
``(a) In the case of a claim for compensation, dependency and
indemnity compensation, or pension that was submitted to the Secretary
by a claimant who dies on or after the date of the enactment of the
Veterans Claims Continuation Act and before a decision on that claim
becomes final in accordance with section 7291 of this title, the claim
shall not be extinguished if, within the time period prescribed in
subsection (c)(2), an eligible person submits an application to the
Secretary, or submits a motion to a court with jurisdiction over the
claim, to be substituted as the claimant in order to continue
prosecution of that claim. The Secretary or the court, as the case may
be, shall approve any such application submitted by an eligible person.
``(b)(1) For purposes of this section and section 7270 of this
title, and subject to paragraphs (2) and (3), the term `eligible
person' means any of the following individuals:
``(A) The surviving spouse.
``(B) Surviving children who have attained the age of 21.
``(C) A surviving parent.
``(D) The executor, administrator or other legal
representative of the deceased claimant's estate.
``(E) The heirs of the veteran.
``(2) In a case where more than one individual referred to in
paragraph (1) submits an application or motion under subsection (a) to
be substituted as a claimant, the eligible person shall be determined
in the order listed in subparagraphs (A) through (E) of paragraph (1).
In the case of individuals submitting an application or motion under
subsection (a) who are specified in the same subparagraph of paragraph
(1), the eligible person shall be the first in time to submit such
application or motion.
``(3) The Secretary may determine that an individual who otherwise
would be the `eligible person' for purposes of substitution for a
deceased claimant under this section is not competent or otherwise is
not a proper representative of the estate. In such a case, the
Secretary shall notify the applicant of such determination in writing
and shall substitute another eligible person to represent the interests
of the deceased claimant.
``(c)(1) Upon being notified of the death of a claimant, the
Secretary shall send a notice to the estate of the decedent at the
decedent's last know address and to the authorized representative of
the decedent, if any, informing the estate and the representative that
the claim will be dismissed unless an application for substitution as
the claimant is received by the Secretary within one year of the
claimant's death.
``(2) An application under this section for substitution as the
claimant on a claim must be filed not later than the later of--
``(A) the end of the one-year period beginning on the date
of the claimant's death; or
``(B) the end of the six-month period beginning on the date
of the notification under paragraph (1).
``(d) A person named as a substitute claimant under section (a)
shall be accorded all the rights and responsibilities of the original
claimant.
``(e) If benefits are payable as a result of a decision on a claim
by a substituted claimant named under this section, such benefits shall
be paid as follows:
``(1) If the deceased claimant was claiming benefits as a
veteran, to the living person first listed below:
``(A) The veteran's spouse.
``(B) The veteran's children (in equal shares).
``(C) The veteran's dependent parents (in equal
shares).
``(2) If the deceased claimant was claiming benefits as the
surviving spouse of a veteran, to the surviving children of the
deceased veteran (in equal shares).
``(3) If the deceased claimant was claiming benefits under
chapter 18 of this title as the child of a veteran, to the
surviving parents of the child (in equal shares).
``(4) If there is no beneficiary who meets the criteria of
paragraphs (1), (2), and (3) and in all other cases, to the
decedent's estate, unless the estate will escheat.
``(f) Upon the appointment of a substitute claimant, the Secretary
shall notify the person substituted as the claimant as to the evidence
or information necessary to substantiate the pending claim. If such
information or evidence is not received within one year from the date
of such notification, no benefits may be paid on the claim.
``(g) For purposes of section 5112(b) of this title, the term
`payee' as used in such section shall be deemed to include a deceased
claimant for whom a substitute claimant is appointed under this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5127. Deaths of applicants for benefits: continuation of claims and
substitution of parties.''.
SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO DEATHS BEFORE DATE OF
ENACTMENT.
(a) In General.--Subsection (a) of section 5121 of title 38, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``periodic monetary benefits'' and all that follows through
``be paid'' and inserting ``accrued benefits of a deceased
individual who died before the date of the enactment of the
Veterans Claims Continuation Act that are due and unpaid for a
period not to exceed two years shall be paid''; and
(2) in paragraph (5), by striking ``only so much'' and all
that follows through ``burial'' and inserting ``to the
decedent's estate, unless the estate will escheat''.
(b) Definition of Accrued Benefits.--Such section is further
amended by adding at the end the following new subsection:
``(d) For purposes of this section and section 5122 of this title,
the term `accrued benefits', with respect to a deceased individual,
means periodic monetary benefits (other than insurance and
servicemember's indemnity) under laws administered by the Secretary to
which the deceased individual was entitled at death under existing
ratings or decisions or based on evidence in the file at date of
death.''.
SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT.
(a) In General.--(1) Subchapter II of chapter 72 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 7270. Cases pending on death of claimant: substitution of
parties
``(a) If a claimant dies before filing an appeal under section 7266
of this title, an eligible person may file an appeal as a substituted
claimant for the decedent within the time period specified under
section 7266 of this title. If an appellant or respondent dies while a
claim is pending before a court and before a final decision is rendered
under section 7291 of this title, an eligible person may move the court
for substitution of claimant in the pending action. Any such motion
filed with the the United States Court of Appeals for Veterans Claims
or to the United States Court of Appeals for the Federal Circuit must
be filed within the time period prescribed by sections 7266 and 7292 of
this title, respectively, or within one year of the claimant's death,
whichever is earlier.
``(b) In any case in which a final decision under section 7291 of
this title has not been made, an eligible person may move a court to be
substituted as the appellant (or respondent as the case may be) for an
appellant or respondent who dies while an appeal is pending. The court
shall, upon filing of a timely motion, appoint an eligible person to
substitute as the claimant to continue prosecution or defense of that
claim.
``(c) Nothing in this section shall require or authorize
substitution for a deceased claimant if a final decision under section
7291 of this title has been entered before the filing of a motion for
substitution.
``(d) In this section, the term `eligible person' has the meaning
given that term in section 5127(b) of this title.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``7270. Cases pending on death of claimant: substitution of parties.''.
(b) Effective Date.--Section 7270 of title 38, United States Code,
as added by subsection (a), shall apply with respect to deaths of
claimants on or after the date of the enactment of this Act. | Veterans Claims Continuation Act - Authorizes the substitution of any of the following parties in the case of a veteran's claim for benefits provided through the Department of Veterans Affairs when the original claimant dies while the claim is pending: (1) the surviving spouse; (2) any surviving child at least 21 years of age; (3) a surviving parent; (4) the legal representative of the deceased claimant's estate; or (5) the next of kin of the veteran. Authorizes: (1) the payment of accrued benefits in the case of deaths occurring before the date of enactment of this Act; and (2) the substitution of the above eligible parties in cases pending before a U.S. Circuit Court or the U.S. Court of Appeals for Veterans Claims. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to allow for substitution of parties in the case of a claim for benefits provided by the Department of Veterans Affairs when the applicant for such benefits dies while the claim is pending, and for other purposes."} | 2,115 | 173 | 0.582239 | 1.541055 | 0.72458 | 2.790541 | 13.047297 | 0.912162 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Although title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) does not prohibit discrimination on
the basis of sexual orientation, one section of the Department
of Education's Office for Civil Rights' 1997 final policy
guidance, entitled ``Sexual Harassment Guidance: Harassment of
Students by School Employees, Other Students, or Third
Parties'' published in the Federal Register on March 13, 1997,
62 Fed. Reg. 12034, included a determination that ``sexual
harassment directed at gay or lesbian students that is
sufficiently serious to limit or deny a student's ability to
participate in or benefit from the school's program constitutes
sexual harassment prohibited by title IX under the
circumstances described in this guidance.''. This language was
unchanged in a 2001 update of the policy guidance entitled
``Revised Sexual Harassment Guidance: Harassment of Students by
School Employees, Other Students, or Third Parties'' for which
a notice of availability was published in the Federal Register
on January 19, 2001, 66 Fed. Reg. 5512.
(2) That section of the 2001 ``Revised Sexual Harassment
Guidance: Harassment of Students by School Employees, Other
Students, or Third Parties'' went on to state: ``Though beyond
the scope of this guidance, gender-based harassment, which may
include acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility based on sex or sex-stereotyping,
but not involving conduct of a sexual nature, is also a form of
sex discrimination to which a school must respond, if it rises
to the level that denies or limits a student's ability to
participate in or benefit from the educational program....A
school must respond to such harassment in accordance with the
standards and procedures described in this guidance.''.
(3) There is evidence that brings into question the degree
to which the policy guidance on sexual harassment against gay,
lesbian, bisexual, and transgender students is being
implemented. For example, a 7-State study by Human Rights Watch
of the abuses suffered by gay, lesbian, bisexual, and
transgender students at the hands of their peers, published in
``Hatred in the Hallways: Violence and Discrimination Against
Lesbian, Gay, Bisexual, and Transgender Students in U.S.
Schools'' found that such students were often the victims of
abuses.
(4) A 2000 study by the American Association of University
Women focused on implementation of title IX of the Education
Amendments of 1972 more generally, and the findings of that
study, published in ``A License for Bias: Sex Discrimination,
Schools, and Title IX'', included a finding that many schools
and universities have not established procedures for handling
title IX-based grievances.
(5) The 2001 report of the Surgeon General, entitled
``Surgeon General's Call to Action to Promote Sexual Health and
Responsible Sexual Behavior'' notes that ``antihomosexual
attitudes are associated with psychological distress for
homosexual persons and may have a negative impact on mental
health, including a greater incidence of depression and
suicide, lower self-acceptance and a greater likelihood of
hiding sexual orientation.''. It goes on to report: ``Averaged
over two dozen studies, 80 percent of gay men and lesbians had
experienced verbal or physical harassment on the basis of their
orientation, 45 percent had been threatened with violence, and
17 percent had experienced a physical attack.''.
(b) Purpose.--The purpose of this Act is to provide for an
examination of how secondary schools are implementing the policy
guidance of the Department of Education's Office for Civil Rights
related to sexual harassment directed against gay, lesbian, bisexual,
and transgender students.
SEC. 2. STUDY OF HOW EDUCATIONAL INSTITUTIONS ARE IMPLEMENTING THE
POLICY GUIDANCE RELATING TO SEXUAL HARASSMENT.
(a) In General.--The United States Commission on Civil Rights
(hereafter in this Act referred to as the ``Commission'') shall conduct
a study of the 1997 final policy guidance entitled ``Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students,
or Third Parties'' published in the Federal Register on March 13, 1997,
62 Fed. Reg. 12034, and the application of such policy guidance.
(b) Scope.--
(1) Nationwide.--The study shall be conducted nationwide.
(2) Elements of study.--The study shall examine, at a
minimum, with regard to secondary schools--
(A) the extent to which there exists sexual
harassment against gay and lesbian students in
secondary schools, using the applicable standards in
the policy guidance of the Office for Civil Rights
described in subsection (a);
(B) the extent to which there exists gender-based
harassment that negatively affects the learning
environment of gay, lesbian, bisexual, and transgender
students in secondary schools, applying the definition
of such gender-based harassment contained in the 2001
update of the policy guidance entitled ``Revised Sexual
Harassment Guidance: Harassment of Students by School
Employees, Other Students, or Third Parties'' for which
a notice of availability was published in the Federal
Register on January 19, 2001, 66 Fed. Reg. 5512;
(C) the level of awareness by school officials and
students of the policy guidance described in subsection
(a); and
(D) the level of implementation of such policy
guidance.
(c) Definition.--In this section, the term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
SEC. 3. REPORTING OF FINDINGS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Commission shall transmit to Congress and to
the Secretary of Education--
(1) a report of the Commission's findings under section 2;
and
(2) any policy recommendations developed by the Commission
based upon the study carried out under section 2.
(b) Dissemination.--The report and recommendations shall be
disseminated, in a manner that is easily understandable, to the public
by means that include the Internet.
SEC. 4. COOPERATION OF FEDERAL AGENCIES.
(a) In General.--The head of each Federal department or agency
shall cooperate in all respects with the Commission with respect to the
study under section 2.
(b) Information.--The head of each Federal department or agency
shall provide to the Commission, to the extent permitted by law, such
data, reports, and documents concerning the subject matter of such
study as the Commission may request.
(c) Definition.--In this section, the term ``Federal department or
agency'' means any agency as defined in section 551 of title 5, United
States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act, such sums as may be necessary for fiscal year 2002.
(b) Availability.--Any amount appropriated under the authority of
subsection (a) shall remain available until expended. | Directs the U.S. Commission on Civil Rights to conduct a nationwide study, and report with policy recommendations to Congress and the Secretary of Education, on how secondary schools are implementing specified policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students. | {"src": "billsum_train", "title": "A bill to provide for an examination of how schools are implementing the policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students."} | 1,676 | 74 | 0.504339 | 1.267561 | 1.126766 | 4.180328 | 23.934426 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Information Transparency
Act''.
SEC. 2. DATA STANDARD REQUIREMENTS.
(a) Requirement.--The Director of the Office of Management and
Budget shall adopt a single data standard for the collection, analysis,
and dissemination of business and financial information for use by
private sector entities in accordance with section 3 for information
required to be reported to the Federal Government, and a single data
standard for use by agencies within the Federal Government in
accordance with section 4 for Federal financial information.
(b) Characteristics of Data Standards.--The single data standards
required by subsection (a) shall--
(1) be common across all agencies, to the maximum extent
practicable;
(2) be a widely accepted, open source, non-proprietary,
searchable, computer-readable format for business and financial
data;
(3) be consistent with and implement--
(A) United States generally accepted accounting
principles or Federal financial accounting standards
(as appropriate);
(B) industry best practices; and
(C) Federal regulatory requirements;
(4) improve the transparency, consistency, and usability of
business and financial information; and
(5) be capable of being continually upgraded to be of
maximum use as technologies and content evolve over time.
SEC. 3. IMPLEMENTATION OF SINGLE DATA STANDARD FOR PRIVATE SECTOR.
(a) OMB Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to agencies on the use and implementation
of the single data standard required by section 2 for information
required to be reported to agencies by the private sector.
(b) Agency Requirements.--
(1) Requirement.--To the maximum extent practicable and
consistent with the guidance provided by the Office of
Management and Budget under subsection (a), the head of each
agency shall require the use of the single data standard
required by section 2 for business and financial information
reported to the agency by private sector companies.
(2) Implementation.--The head of the agency shall begin
implementing the requirement of paragraph (1) within one year
after the date of the enactment of this Act.
SEC. 4. IMPLEMENTATION OF SINGLE DATA STANDARD FOR FEDERAL GOVERNMENT.
(a) OMB Development.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall develop the single data standard required by section 2 for
use by agencies within the Federal Government for Federal financial
information.
(b) OMB Guidance.--Not later than 18 months after the date of the
enactment of this Act, the Director shall issue guidance to agencies on
the use and implementation of the single data standard developed under
subsection (a).
SEC. 5. PUBLIC ACCESS TO DATA.
The head of each agency shall ensure that information collected
using the single data standards required under this Act is accessible
to the general public in that format to the extent permitted by law.
SEC. 6. REPORT.
Within one year after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the status of the implementation of
this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means any executive
department, military department, Government corporation,
Government controlled corporation, independent establishment,
or other establishment in the executive branch of the
Government (including the Executive Office of the President),
or any independent regulatory agency, but does not include--
(A) the Government Accountability Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions; or
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
(2) Executive department, military department, government
corporation, government controlled corporation, independent
establishment.--The terms ``Executive department'', ``military
department'', ``Government corporation'', ``Government
controlled corporation'', and ``independent establishment''
have the meanings given those terms by chapter 1 of title 5,
United States Code.
(3) Independent regulatory agency.--The term ``independent
regulatory agency'' has the meaning given that term by section
3502(5) of title 44, United States Code. | Government Information Transparency Act - Requires the Director of the Office of Management and Budget (OMB) to adopt a single data standard for: (1) collection, analysis, and dissemination of business and financial information for use by private sector entities in accordance with this Act for information required to be reported to the federal government; and (2) use by agencies for federal financial information.
Requires the standard to: (1) be common across all agencies; (2) be a widely accepted, open source, nonproprietary, searchable, computer-readable format for business and financial data; (3) be consistent with and implement U.S. generally accepted accounting principles for federal financial accounting standards, industry best practices, and federal regulatory requirements; (4) improve the transparency, consistency, and usability of business and financial information; and (5) be capable of being continually upgraded.
Requires the Director: (1) within 180 days, to issue guidance to agencies on the use and implementation of the single data standard for information required to be reported to agencies by the private sector; (2) within one year, to develop the single data standard required for use by federal agencies for federal financial information; and (3) within 18 months, to issue guidance to agencies on the use and implementation of the single data standard.
Directs each agency head to ensure that information collected using the single data standard is accessible to the general public.
Requires the Director, within one year, to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs a report on the status of the implementation of this Act. | {"src": "billsum_train", "title": "To improve the effectiveness of the Government's collection, analysis, and dissemination of business information by using modern interactive data technologies."} | 1,015 | 331 | 0.79939 | 2.508874 | 0.859717 | 5.484472 | 2.956522 | 0.975155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reach Every Mother and Child Act of
2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to implement a strategic approach for
providing foreign assistance in order to end preventable maternal,
newborn, and child deaths globally within a generation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(3) Coordinator.--The term ``Coordinator'' means the Child
and Maternal Survival Coordinator established under section 6.
(4) Target countries.--The term ``target countries'' means
specific countries that have the greatest need and highest
burden of maternal and child deaths, taking into consideration
countries that--
(A) have high-need communities in fragile states or
conflict-affected states;
(B) are low- or middle-income countries; or
(C) are located in regions with weak health
systems.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States, in partnership with target
countries, other donor country governments, international financial
institutions, nongovernmental organizations, international
organizations, multilateral organizations, and the private sector to
establish and implement a coordinated, integrated, and comprehensive
strategy to combat the leading causes of maternal, newborn, and child
mortality globally and ensure healthy lives by--
(1) scaling up the most effective, evidence-based
interventions, including for the most vulnerable populations,
with a focus on country ownership;
(2) designing, implementing, monitoring, and evaluating
programs in a way that enhances transparency and
accountability, increases the sustainability, and improves
outcomes in target countries;
(3) supporting the development and scale up of innovative
tools and approaches to accelerate progress toward ending
preventable maternal, newborn, and child deaths; and
(4) utilizing and expanding the use of innovative public-
private financing mechanisms.
SEC. 5. STRATEGY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the President shall establish and implement a
comprehensive five-year, whole-of-government strategy to achieve, with
target countries and donors, the goal of ending preventable maternal,
newborn, and child deaths globally and ensure healthy and productive
lives within a generation.
(b) Elements.--The strategy established under subsection (a)
shall--
(1) set outcome-based targets to achieve the goals of the
strategy and ascertain baseline data relevant for each target
country and for all areas of focus and programming as of the
date of the release of the strategy;
(2) building on the evidence outlined in USAID's ``Acting
on the Call: Ending Preventable Child and Maternal Deaths'',
include specific objectives, programs, and approaches to
utilize highest impact evidence-based interventions to address
the leading causes of death among--
(A) women during pregnancy, childbirth, and post
delivery;
(B) newborns in their first 28 days; and
(C) children under the age of five, particularly
among the most vulnerable populations;
(3) include development and scale up of new technologies
and approaches, including those supported by public-private
partnerships for research and innovation;
(4) promote coordination and efficiency within and amongst
the relevant executive branch agencies and initiatives,
including the United States Agency for International
Development, the Department of State, the Department of Health
and Human Services, the Centers for Disease Control and
Prevention, the National Institutes of Health, the Millennium
Challenge Corporation, the Peace Corps, the Department of the
Treasury, the Office of the Global AIDS Coordinator, and the
President's Malaria Initiative;
(5) project general levels of resources needed to achieve
the strategy's stated objectives;
(6) identify strategies for leveraging resources in new and
innovative ways;
(7) align with country-driven maternal, newborn, and child
health and survival plans and improve coordination with foreign
governments and international organizations; and
(8) outline consultations with governments, international
financial institutions, nongovernmental organizations, local
and international civil society groups, multilateral
organizations, the private sector, and local health workers and
professional associations, as appropriate.
SEC. 6. ESTABLISHMENT OF CHILD AND MATERNAL SURVIVAL COORDINATOR.
(a) In General.--The President, acting through the Administrator,
shall designate a current USAID employee serving in a career or non-
career position in the Senior Executive Service or at the level of a
Deputy Assistant Administrator or higher to serve concurrently as the
Child and Maternal and Survival Coordinator, who shall be responsible
for--
(1) overseeing the strategy established under section 5;
and
(2) all United States Government funds appropriated or used
for international maternal and child health and nutrition
programs.
(b) Duties.--The Coordinator shall--
(1) have the primary responsibility for the oversight and
coordination of all resources and international activities of
the United States Government appropriated or used for
international maternal and child health and nutrition programs;
(2) direct the budget, planning, and staffing to implement
international maternal and child health and nutrition projects
and programs for the purpose of achieving reductions in
preventable maternal, newborn, and child deaths;
(3) lead implementation and revision, not less frequently
than once every 5 years, of the strategy established under
section 5(a);
(4) coordinate with relevant executive branch agencies,
governments of partner countries, nongovernmental
organizations, local civil society organizations, and private
sector entities to carry out the strategy established under
section 5(a) and to align current and future instruments with
high-impact, evidence-based interventions to save lives;
(5) provide direction to the design and oversight of
grants, contracts, and cooperative agreements with
nongovernmental organizations (including faith-based,
community-based, and civil society organizations) and private
sector entities for the purpose of carrying out the strategy
established under section 5(a); and
(6) report directly to the Administrator regarding
implementation of the strategy established under section 5(a).
(c) Restriction on Additional or Supplemental Compensation.--The
Coordinator shall receive no additional or supplemental compensation as
a result of carrying out responsibilities and duties under this Act.
SEC. 7. AUTHORITY TO ASSIST IN IMPLEMENTATION OF THE STRATEGY.
(a) In General.--The President shall provide assistance to
implement the strategy established under section 5(a).
(b) Focus on Impact.--
(1) Targets for increased implementation required.--USAID
grants, contracts, and cooperative agreements for the purposes
of the strategy established under section 5(a) shall be
required to include targets for increased implementation of
high-impact, evidence-based interventions and strengthening
health systems, as appropriate, including the establishment of
baseline measurements from which to quantify progress.
(2) Exception.--In exceptional circumstances where USAID
deems that inclusion of coverage targets or baseline measures
are not reasonable or practicable for the grant, contract, or
cooperative agreement, the funding mechanism shall include an
explanation of the omission and explicitly how measurable
impact will be targeted and tracked.
SEC. 8. REPORTS.
(a) Report Required.--The President shall update Congress on
progress made to achieve the strategy established under section 5(a) as
well as progress toward the goals set forth in USAID's 2014 ``Acting on
the Call: Ending Preventable Child and Maternal Deaths'' report by
submitting an annual report to the appropriate congressional committees
and making all report data publicly available.
(b) Information Included in Report.--A report submitted under
subsection (a) shall include the following:
(1) Indicators of progress made by United States Government
programs carried out under international maternal and child
health and nutrition programs for the purposes of improving
maternal, newborn, and child health, particularly among the
most vulnerable populations, in each target country and
overall, including--
(A) number of maternal, newborn, and child deaths
averted;
(B) percentage of births attended by skilled health
personnel;
(C) density of health workforce (number of health
professionals per population);
(D) descriptions of the measured or estimated
impact on maternal, newborn, and child survival of each
ongoing program or project; and
(E) any other targets identified by the Coordinator
as essential to meeting the goals of the strategy for
ending preventable maternal, newborn, and child deaths.
(2) Assessments of progress made toward achieving the
targets set forth under paragraph (1).
(3) Descriptions of how the interventions or programs are
designed--
(A) to increase activities in target countries;
(B) to reach underserved, marginalized, and
impoverished populations;
(C) to address causes of maternal, newborn, and
child mortality with innovative efforts and
interventions posed to go to scale;
(D) to invest in activities that empower women,
support voluntarism, and provide respectful maternity
care;
(E) to improve transparency and accountability at
all levels and include common metrics for tracking
progress;
(F) to ensure that high-impact, evidence-based
interventions are prioritized; and
(G) to expand access to quality services through
community-based approaches and include community
accountability measures.
(4) Reporting on each aspect of the strategy established
under section 5(a), including--
(A) multi-sectoral approaches, specific strategies,
and programming utilizing high-impact, evidence-based
interventions to address the leading causes of
preventable maternal, newborn, and child deaths;
(B) activities to develop and scale up new
technologies and approaches, including those identified
by public-private partnerships for research and
innovation;
(C) coordination with United States agencies,
foreign governments, nongovernmental organizations, and
international organizations;
(D) methods used to leverage new financial and
other public and private resources in innovative ways;
and
(E) best practices identified by the executive
branch.
(5) Reporting on grants, contracts, and cooperative
agreements awarded, including--
(A) a comprehensive list of USAID grants,
contracts, and cooperative agreements awarded in
implementation of the strategy established under
section 5(a); and
(B) a description of--
(i) the targets for coverage of
interventions or services and the baseline
against which they are measured and the status
of progress in meeting the targets; or
(ii) in the case of exceptional
circumstances where USAID determines that
inclusion of targets or baseline measurements
is not reasonably possible, an explanation of
how the impact of the grant, contract,
agreement, or resulting program is being
measured.
(6) Reporting on the innovative public-private financing
tools, including an analysis of the feasibility and potential
effectiveness of new financing tools that could be used to fund
efforts to end preventable maternal, newborn, and child deaths
globally.
SEC. 9. INNOVATIVE PUBLIC-PRIVATE FINANCING TOOLS.
(a) In General.--In addition to existing bilateral and multilateral
assistance for maternal, newborn, and child survival, the United States
Government, through USAID and other relevant executive branch agencies
identified by the Coordinator, should identify and remove financial
barriers to strengthen access to delivery systems that reach vulnerable
and marginalized populations. This can be accomplished through the
utilization of new and existing tools that leverage public and private
capital to expand delivery of high-impact, evidence-based interventions
for international maternal, newborn, and child health.
(b) Authorities.--To carry out provisions of this Act, USAID is
authorized--
(1) to grant loans;
(2) to set aside funds for use in the implementation of
financing tools;
(3) to establish and use a financial intermediary to
implement new financing tools, as appropriate;
(4) to issue sovereign level guarantees; and
(5) to make equity investments. | Reach Every Mother and Child Act of 2015 This bill directs the President to: establish a five-year strategy to achieve, with target countries and donors, the goal of ending preventable maternal, newborn, and child deaths globally and ensure healthy and productive lives within a generation; and provide assistance to implement the strategy. The President shall designate a current U.S. Agency for International Development (USAID) employee serving in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Maternal and Child Survival Coordinator, who shall be responsible for: overseeing such strategy, and all U.S. government funds appropriated or used for international maternal and child health and nutrition programs. The U.S. government, through USAID and other relevant executive branch agencies, should identify and remove financial barriers to strengthen access to delivery systems for vulnerable and marginalized populations by leveraging public and private capital to expand delivery of interventions for maternal, newborn, and child health. | {"src": "billsum_train", "title": "Reach Every Mother and Child Act of 2015"} | 2,537 | 209 | 0.596887 | 1.708618 | 0.781876 | 5.765957 | 13.404255 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antimicrobial Regulation Technical
Corrections Act of 1998''.
SEC. 2. DEFINITION OF PESTICIDE CHEMICAL UNDER FEDERAL FOOD, DRUG, AND
COSMETIC ACT.
(a) In General.--Section 201(q) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(q)) is amended by striking ``(q)(1)'' and
all that follows through the end of subparagraph (1) and inserting the
following:
``(q)(1)(A) Except as provided in clause (B), the term `pesticide
chemical' means any substance that is a pesticide within the meaning of
the Federal Insecticide, Fungicide, and Rodenticide Act, including all
active and inert ingredients of such pesticide. Notwithstanding any
other provision of law, the term `pesticide' within such meaning
includes ethylene oxide and propylene oxide when such substances are
applied on food.
``(B) In the case of the use, with respect to food, of a substance
described in clause (A) to prevent, destroy, repel, or mitigate
microorganisms (including bacteria, viruses, fungi, protozoa, algae,
and slime), the following applies for purposes of clause (A):
``(i) The definition in such clause for the term `pesticide
chemical' does not include the substance if the substance is
applied for such use on food, or the substance is included for such
use in water that comes into contact with the food, in the
preparing, packing, or holding of the food for commercial purposes.
The substance is not excluded under this subclause from such
definition if the substance is ethylene oxide or propylene oxide,
and is applied for such use on food. The substance is not so
excluded if the substance is applied for such use on a raw
agricultural commodity, or the substance is included for such use
in water that comes into contact with the commodity, as follows:
``(I) The substance is applied in the field.
``(II) The substance is applied at a treatment facility
where raw agricultural commodities are the only food treated,
and the treatment is in a manner that does not change the
status of the food as a raw agricultural commodity (including
treatment through washing, waxing, fumigating, and packing such
commodities in such manner).
``(III) The substance is applied during the transportation
of such commodity between the field and such a treatment
facility.
``(ii) The definition in such clause for the term `pesticide
chemical' does not include the substance if the substance is a food
contact substance as defined in section 409(h)(6), and any of the
following circumstances exist: The substance is included for such
use in an object that has a food contact surface but is not
intended to have an ongoing effect on any portion of the object;
the substance is included for such use in an object that has a food
contact surface and is intended to have an ongoing effect on a
portion of the object but not on the food contact surface; or the
substance is included for such use in or is applied for such use on
food packaging (without regard to whether the substance is intended
to have an ongoing effect on any portion of the packaging). The
food contact substance is not excluded under this subclause from
such definition if any of the following circumstances exist: The
substance is applied for such use on a semipermanent or permanent
food contact surface (other than being applied on food packaging);
or the substance is included for such use in an object that has a
semipermanent or permanent food contact surface (other than being
included in food packaging) and the substance is intended to have
an ongoing effect on the food contact surface.
With respect to the definition of the term `pesticide' that is
applicable to the Federal Insecticide, Fungicide, and Rodenticide Act,
this clause does not exclude any substance from such definition.''.
(b) Regulations.--Section 408(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(j)) is amended by adding at the end the
following paragraph:
``(4) Certain substances.--With respect to a substance that is
not included in the definition of the term `pesticide chemical'
under section 201(q)(1) but was so included on the day before the
date of the enactment of the Antimicrobial Regulation Technical
Corrections Act of 1998, the following applies as of such date of
enactment:
``(A) Notwithstanding paragraph (2), any regulation
applying to the use of the substance that was in effect on the
day before such date, and was on such day deemed in such
paragraph to have been issued under this section, shall be
considered to have been issued under section 409.
``(B) Notwithstanding paragraph (3), any regulation
applying to the use of the substance that was in effect on such
day and was issued under this section (including any such
regulation issued before the date of the enactment of the Food
Quality Protection Act of 1996) is deemed to have been issued
under section 409.''.
(c) Technical Amendment.--Section 201(q)(3) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(q)(3)) is amended in the matter
preceding clause (A) by striking ``paragraphs (1) and (2)'' and
inserting ``subparagraphs (1) and (2)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Antimicrobial Regulation Technical Corrections Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the definition of "pesticide chemical," including regarding ethylene oxide and propylene oxide when those substances are applied to food. Considers certain regulations issued previous to the adoption of this Act to have been issued under FDCA food additive provisions. | {"src": "billsum_train", "title": "Antimicrobial Regulation Technical Corrections Act of 1998"} | 1,257 | 82 | 0.46973 | 1.178211 | 0.639668 | 2.776119 | 17.074627 | 0.776119 |
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