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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Escheatment Act of 1993''.
SEC. 2. DISPOSITION OF UNCLAIMED DISTRIBUTIONS.
Title VI of the Act entitled ``An Act to increase deposit insurance
from $20,000 to $40,000, to provide full insurance for public unit
deposits of $100,000 per account, to establish a National Commission on
Electronic Fund Transfers, and for other purposes.'' and approved
October 28, 1974 (12 U.S.C. 2501 et seq.) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE VI--DISPOSITION OF ABANDONED MONEY ORDERS AND TRAVELER'S CHECKS
AND OTHER UNCLAIMED DISTRIBUTIONS
``Subtitle A--Disposition of Abandoned Money Orders and Traveler's
Checks''; and
(2) by adding at the end the following new subtitle:
``Subtitle B--Disposition of Other Unclaimed Distributions
``SEC. 611. CONGRESSIONAL FINDINGS.
``The Congress finds that--
``(1) banks and other intermediaries hold securities which
are registered in the street name or nominee name of banks or
other intermediaries;
``(2) a very small percentage of the dividends, interest,
and other distributions made by issuers of securities is unable
to be transmitted by the banks and other intermediaries because
the intermediaries do not know the identities or addresses of
the beneficial owners;
``(3) this small percentage of unclaimed distributions
nonetheless amounts to a substantial sum of money annually; and
``(4) as a matter of equity among the several States, the
State entitled to such unclaimed distributions should be the
State in which the principal executive offices of the issuer of
such distribution are maintained.
``SEC. 612. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Beneficial owner.--The term `beneficial owner' means
any person who holds an ownership interest in a security and is
entitled to receive the economic benefits of ownership.
``(2) Distribution.--The term `distribution' means the
payment of a dividend or interest or any other transfer of
money, securities, or value made with respect to a security,
including a transfer of any ownership interest in such security
and any payment of principal with respect to such security.
``(3) Holder.--The term `holder' means a person in
possession of all or part of a distribution who is not the
beneficial owner of the security with respect to which a
distribution is made, including banks, depositories, brokerage
firms, and other financial intermediaries.
``(4) Issuer.--The term `issuer' means a corporation,
partnership, trust, or governmental entity, including a
federally chartered or foreign entity, that issues equity or
debt securities.
``(5) Principal executive offices.--
``(A) In general.--Except as provided in
subparagraph (B), the term `principal executive
offices' means--
``(i) the offices identified as the
principal executive offices in the most recent
filing, as required under section 13 of the
Securities Exchange Act of 1934, during the 12-
month period ending on the date immediately
prior to the date of payment of such
distribution;
``(ii) in any case in which principal
executive offices were not identified or
required to be identified in a filing described
in clause (i), or where no filing was required,
the offices identified as the principal
executive offices in--
``(I) the most recent required
filing with a Federal regulatory
agency; or
``(II) if no filing described in
subclause (I) was required, any other
filing with a self-regulatory agency
(as defined in section 3(26) of the
Securities Exchange Act of 1934); and
``(iii) in any case in which no filing
described in clause (i) or (ii) was made, the
offices identified by the holder.
``(B) State and municipal issuers.--In the case of
any issuer that is a State or States, or a political
subdivision thereof, the principal executive offices
shall be deemed to be located within such State or
States.
``(6) Security.--The term `security' has the same meaning
as in section 2 of the Securities Act of 1933.
``(7) State.--The term `State' has the same meaning as in
section 3(a)(3) of the Federal Deposit Insurance Act.
``SEC. 613. STATE ENTITLEMENT TO ESCHEAT OR CUSTODY.
``(a) Escheat or Custody to State in Which the Principal Executive
Offices of the Issuer Are Located.--
``(1) In general.--Subject to paragraph (2), if--
``(A) the books and records of the holder of a
distribution paid on a security do not contain the
last-known address of the beneficial owner of such
security; or
``(B) the last-known address of the beneficial
owner of a security, as contained on the books and
records of the holder of a distribution paid with
respect to such security, is in a State that does not
provide for the escheat or custodial taking of any
distribution with respect to such security or is in a
foreign country;
such distribution shall be subject to escheat or custodial
taking only by the State in which the principal executive
offices of the issuer of the security are located, to the
extent that the laws of such State relating to the escheat or
custodial taking of unclaimed property authorize the State to
take possession of such distribution.
``(2) Recovery by state described in paragraph (1)(b).--If
a law that provides for the escheat or custodial taking of any
distribution by any State described in paragraph (1)(B) is
enacted by or otherwise takes effect in such State at any time
after a distribution has escheated to or has been taken into
the custody of another State pursuant to paragraph (1), the
State described in paragraph (1)(B) shall have the right to
recover such distribution (other than amounts paid by the other
State to the beneficial owner) from the other State for
disposition in accordance with such law.
``(b) Escheat or Custody to State in Which the Principal Executive
Offices of the Holder Are Located.--
``(1) In general.--Subject to paragraph (2), if, in any
case described in subparagraph (A) or (B) of subsection
(a)(1)--
``(A) the books and records of the holder of a
distribution do not contain the identity of the issuer
of the security with respect to which the distribution
was made; or
``(B) the principal executive offices of the issuer
of the security with respect to which the distribution
was made are in a State which does not provide for the
escheat or custodial taking of any distribution with
respect to such security or are in a foreign country;
such distribution shall be subject to escheat or custodial
taking only by the State in which the principal executive
offices of the holder of the distribution are located, to the
extent that the laws of such State relating to the escheat or
custodial taking of unclaimed property authorize the State to
take possession of such distribution.
``(2) Recovery by state described in paragraph (1)(b).--If
a law that provides for the escheat or custodial taking of any
distribution by a State described in paragraph (1)(B) is
enacted by or otherwise takes effect in such State at any time
after a distribution has escheated to or has been taken into
the custody of another State pursuant to paragraph (1), the
State described in paragraph (1)(B) shall have the right to
recover such distribution (other than amounts paid by the other
State to the beneficial owner) from the other State for
disposition in accordance with such law.
``(c) Determination of Identification and Addresses of Beneficial
Owners, Issuers, and Holders.--
``(1) In general.--With respect to any unclaimed
distribution in the possession of a holder, the holder's
determination of--
``(A) the identity and address of the beneficial
owner of the security with respect to which such
distribution was made;
``(B) the issuer of such security; and
``(C) the location of the principal executive
offices;
shall be prima facie evidence for purposes of this subtitle. In
making such determinations, the holder shall make reasonable
efforts to review its books and records, publicly available
information, and databases containing such information.
``(2) Burden of showing otherwise.--The burden shall rest
upon any State seeking to contest a holder's determination in
accordance with paragraph (1) to demonstrate, at the cost of
such State, that the books and records of the holder, other
publicly available information, or databases identify a
different State.
``(3) Beneficial owner unknown.--For purposes of this
subsection, a holder's determination, after reasonable inquiry,
that its books and records do not contain the identity or last-
known address of the beneficial owner of the security with
respect to which a distribution was made shall be conclusive
evidence that its books and records do not contain such
identity or address.
``(d) Distributions in Event of Principal Executive Offices in More
Than 1 State.--If an issuer or holder identifies principal executive
offices in more than 1 State, each State identified as the location of
a principal executive office shall be entitled to escheat or to take
custodially on a pro rata basis to the extent that the laws of such
State relating to the escheat or custodial taking of unclaimed property
authorize the State to take possession of a distribution.
``SEC. 614. CHANGES IN PRINCIPAL EXECUTIVE OFFICES DESIGNATION.
``No issuer may change the issuer's designation of principal
executive offices in any filing described in section 612(5)(A) for the
sole purpose of altering the entitlement of any State to escheatment or
custodial possession of property subject to this subtitle.
``SEC. 615. SCOPE OF APPLICATION.
``(a) In General.--Section 613 shall apply to all unclaimed
distributions (other than amounts paid to the beneficial owner) without
regard to the date on which any such distribution was made by the
issuer or whether any distribution was paid over by a holder to 1 or
more States.
``(b) Other Application.--With respect to distributions that
escheated to or were taken into custody by a State before the date of
enactment of the Equitable Escheatment Act of 1993--
``(1) those distributions described in section 613(a)(1)
(other than amounts paid by such State to a beneficial owner)
shall be subject to escheat or custodial taking by any other
State in the manner provided in section 613(a); and
``(2) those distributions described in section 613(b)(1)
(other than amounts paid by such State to a beneficial owner)
shall be subject to escheat or custodial taking by any other
State in the same proportion as the proportion which that other
State is entitled to receive of the total distributions payable
by such State under paragraph (1).''.
SEC. 3. TECHNICAL AMENDMENTS.
Sections 602 and 604 of title VI of the Act entitled ``An Act to
increase deposit insurance from $20,000 to $40,000, to provide full
insurance for public unit deposits of $100,000 per account, to
establish a National Commission on Electronic Fund Transfers, and for
other purposes.'' and approved October 28, 1974 (12 U.S.C. 2501 note,
2502) are amended by striking ``title'' and inserting ``subtitle'' each
place such term appears. | Equitable Escheatment Act of 1993 - Amends specified Federal law to prescribe guidelines under which unclaimed distributions of security interests shall be subject to the custodial taking (escheatment) by the State which contains the principal executive offices of either the issuer or the holder of those securities. | {"src": "billsum_train", "title": "Equitable Escheatment Act of 1993"} | 2,694 | 68 | 0.496765 | 1.331967 | 0.842183 | 2.46 | 48.12 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Using Evidence to Move Welfare
Recipients into Work Act''.
SEC. 2. WHAT WORKS CLEARINGHOUSE.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Development of What Works Clearinghouse of Proven and
Promising Approaches Into Move Welfare Recipients to Work.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall develop a database (which shall be
referred to as the `What Works Clearinghouse of Proven and
Promising Projects to Move Welfare Recipients into Work') of
the projects that used a proven approach or a promising
approach in moving welfare recipients into work, based on
independent, rigorous evaluations of the projects. The database
shall include a separate listing of projects that used a
developmental approach in delivering services and a further
separate listing of the projects that used an approach in
delivering services that was proven to be ineffective in
achieving positive outcomes. The Secretary shall add to the
What Works Clearinghouse of Proven and Promising Projects to
Move Welfare Recipients into Work data about the projects that,
based on an independent, well-conducted experimental evaluation
of a program or project, using random assignment or other
research methodologies that allow for the strongest possible
causal inferences, have shown they are proven, promising,
developmental, or ineffective approaches.
``(2) Criteria for evidence of effectiveness of approach.--
The Secretary, in consultation with the Secretary of Labor and
organizations with experience in evaluating research on the
effectiveness of various approaches in delivering services to
move welfare recipients into work, shall--
``(A) establish criteria for evidence of the
effectiveness of the approaches used in the
demonstration projects; and
``(B) ensure that the process for establishing the
criteria--
``(i) is transparent;
``(ii) is consistent across agencies;
``(iii) provides opportunity for public
comment; and
``(iv) takes into account efforts of
Federal agencies to identify and publicize
effective interventions, including efforts at
the Department of Health and Human Services,
the Department of Education, and the Department
of Justice.
``(3) Definitions.--In this subsection:
``(A) Approach.--The term `approach' means a
process, product, strategy, or practice that is--
``(i) research-based, based on the results
of 1 or more empirical studies, and linked to
program-determined outcomes; and
``(ii) evaluated using rigorous research
designs.
``(B) Proven approach.--The term `proven approach'
means an approach used in a demonstration project
conducted under this section that--
``(i) meets the requirements of a promising
approach; and
``(ii) has demonstrated significant
positive outcomes at more than 1 site in terms
of increasing work and earnings of
participants, reducing poverty and dependence,
or strengthening families.
``(C) Promising approach.--The term `promising
approach' means an approach used in a demonstration
project conducted under this section--
``(i) that has been used in the project or
elsewhere for at least 3 years;
``(ii) that meets the requirements of
subparagraph (D)(i);
``(iii) that has been evaluated using well-
designed and rigorous randomized controlled or
quasi-experimental research designs;
``(iv) that has demonstrated significant
positive outcomes at only 1 site in terms of
increasing work and earnings of participants,
reducing poverty and dependence, or
strengthening families; and
``(v) under which the benefits of the
positive outcomes have exceeded the costs of
achieving the outcomes.
``(D) Developmental approach.--The term
`developmental approach' means an approach used in a
demonstration project conducted under this section
that--
``(i) is research-based, grounded in
relevant empirically based knowledge, and
linked to program-determined outcomes;
``(ii) is evaluated using rigorous research
designs; and
``(iii) has yet to demonstrate a
significant positive outcome in terms of
increasing work and earnings of participants in
a cost-effective way.
``(4) Funding.--Of the amounts made available to carry out
section 403(b) for fiscal year 2016 and each succeeding fiscal
year, the Secretary shall reserve such funds as are necessary
to carry out this subsection.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1,
2015. | Using Evidence to Move Welfare Recipients into Work Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to direct the Department of Health and Human Services to develop a database of the projects that used a proven approach or a promising approach in moving welfare recipients into work, which shall be called the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work. | {"src": "billsum_train", "title": "Using Evidence to Move Welfare Recipients into Work Act"} | 1,032 | 107 | 0.668691 | 1.871551 | 0.94325 | 4.535714 | 11.440476 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RFS Reform Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS
Sec. 101. Amendments to the Clean Air Act.
Sec. 102. Cellulosic biofuel requirement based on actual production.
Sec. 103. Applicability and regulations.
TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL
Sec. 201. Prohibition of gasoline blends with greater than 10-volume-
percent ethanol.
Sec. 202. Prohibition of waivers.
Sec. 203. Misfueling rule.
TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS
SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT.
(a) Revised Definition of Renewable Fuel.--
(1) In general.--Section 211(o)(1)(J) of the Clean Air Act
(42 U.S.C. 7545(o)(1)(J)) is amended to read as follows:
``(J) Renewable fuel.--The term `renewable fuel'
means fuel that--
``(i) is produced from renewable biomass;
``(ii) is used to replace or reduce the
quantity of fossil fuel present in a
transportation fuel; and
``(iii) beginning on January 1, 2015, is
advanced biofuel.''.
(2) Conforming amendment.--Section 211(o)(1)(B)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by
striking ``renewable fuel'' and inserting ``fuel described in
clauses (i) and (ii) of subparagraph (J)''.
(b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air
Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
(1) in the table in subclause (I)--
(A) by striking ``20.5'' and inserting ``5.5'';
(B) by striking ``22.25'' and inserting ``7.25'';
(C) by striking ``24.0'' and inserting ``9.0'';
(D) by striking ``26.0'' and inserting ``11.0'';
(E) by striking ``28.0'' and inserting ``13.0'';
(F) by striking ``30.0'' and inserting ``15.0'';
(G) by striking ``33.0'' and inserting ``18.0'';
and
(H) by striking ``36.0'' and inserting ``21.0'';
(2) in subclause (II)--
(A) in the matter preceding the table, by striking
``2022'' and inserting ``2014''; and
(B) in the table, by striking the items relating to
calendars years 2015 through 2022;
(3) in subclause (III), by striking ``of the volume of
advanced biofuel required under subclause (II)'' and inserting
``of the volume of advanced biofuel required for calendar years
2010 through 2014 under subclause (II), as in effect on the day
before the date of enactment of the Renewable Fuel Standard
Amendments Act, and of the volume of renewable fuel required
for calendar years 2015 through 2022 under the subclause (I)'';
and
(4) in subclause (IV), by inserting ``, as in effect on the
day before the date of enactment of the Renewable Fuel Standard
Amendments Act'' after ``of the volume of advanced biofuel
required under subclause (II)''.
(c) Conforming Amendments.--
(1) Other calendar years.--Section 211(o)(2)(B) of the
Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
(A) in clause (ii)(III), by striking ``advanced
biofuels in each category (cellulosic biofuel and
biomass-based diesel)'' and inserting ``cellulosic
biofuel and biomass-based diesel'';
(B) by striking clause (iii); and
(C) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively.
(2) Applicable percent reduction level.--Section 211(o)(4)
of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
(A) in subparagraph (E), by striking ``20, 50, or
60 percent reduction levels'' and inserting
``applicable percent reduction level''; and
(B) in subparagraph (F), by inserting ``(if
applicable)'' after ``(2)(A)(i)''.
(3) Waivers.--Section 211(o)(7) of the Clean Air Act (42
U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (D)(i), by inserting ``, if
such year is before 2015,'' before ``advanced
biofuels''; and
(B) in subparagraph (E)(ii), by inserting ``, if
such year is before 2015,'' before ``advanced
biofuels''.
SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is
amended--
(1) by inserting ``(i)'' before ``Not later than''; and
(2) by adding at the end the following new clause:
``(ii)(I) In determining any estimate under clause
(i), with respect to the following calendar year, of
the projected volume of cellulosic biofuel production
(as described in paragraph (7)(D)(i)), the
Administrator of the Energy Information Administration
shall--
``(aa) for each cellulosic biofuel
production facility that is producing (and
continues to produce) cellulosic biofuel during
the period of January 1 through October 31 of
the calendar year in which the estimate is made
(in this clause referred to as the `current
calendar year')--
``(AA) determine the average
monthly volume of cellulosic biofuel
produced by such facility, based on the
actual volume produced by such facility
during such period; and
``(BB) based on such average
monthly volume of production, determine
the estimated annualized volume of
cellulosic biofuel production for such
facility for the current calendar year;
and
``(bb) for each cellulosic biofuel
production facility that begins initial
production of (and continues to produce)
cellulosic biofuel after January 1 of the
current calendar year--
``(AA) determine the average
monthly volume of cellulosic biofuel
produced by such facility, based on the
actual volume produced by such facility
during the period beginning on the date
of initial production of cellulosic
biofuel by the facility and ending on
October 31 of the current calendar
year; and
``(BB) based on such average
monthly volume of production, determine
the estimated annualized volume of
cellulosic biofuel production for such
facility for the current calendar year.
``(II) An estimate under clause (i) with respect to
the following calendar year of the projected volume of
cellulosic biofuel production (as described in
paragraph (7)(D)(i)), shall be equal to the total of
the estimated annual volumes of cellulosic biofuel
production for all cellulosic biofuel production
facilities described in subclause (I) for the current
calendar year.''.
(b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section
101(c)(3)(A), is further amended by--
(1) striking ``based on the'' and inserting ``using the
exact'';
(2) striking ``may also reduce'' and inserting ``shall also
reduce''; and
(3) striking ``by the same or a lesser volume'' and
inserting ``by the same volume''.
SEC. 103. APPLICABILITY AND REGULATIONS.
The amendments made by this title to section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar
years 2015 and after, except that the Administrator of the
Environmental Protection Agency shall promulgate regulations to carry
out such amendments not later than 1 year after the date of enactment
of this Act, and take any steps necessary to ensure such amendments may
be carried out for calendar years 2015 and after.
TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL
SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-
PERCENT ETHANOL.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not, including by granting a
waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C.
7545(f)(4)), authorize or otherwise allow the introduction into
commerce of gasoline containing greater than 10-volume-percent ethanol.
SEC. 202. PROHIBITION OF WAIVERS.
(a) In General.--Any waiver granted under section 211(f)(4) of the
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of
this Act that allows the introduction into commerce of gasoline
containing greater than 10-volume-percent ethanol for use in motor
vehicles shall have no force or effect.
(b) Certain Waivers.--The waivers described in subsection (a)
include the following:
(1) The waiver entitled, ``Partial Grant and Partial Denial
of Clean Air Act Waiver Application Submitted by Growth Energy
To Increase the Allowable Ethanol Content of Gasoline to 15
Percent; Decision of the Administrator'', 75 Fed. Reg. 68094
(November 4, 2010).
(2) The waiver entitled, ``Partial Grant of Clean Air Act
Waiver Application Submitted by Growth Energy To Increase the
Allowable Ethanol Content of Gasoline to 15 Percent; Decision
of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011).
SEC. 203. MISFUELING RULE.
The portions of the rule entitled, ``Regulation to Mitigate the
Misfueling of Vehicles and Engines with Gasoline Containing Greater
Than Ten Volume Percent Ethanol and Modifications to the Reformulated
and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25,
2011) to mitigate misfueling shall have no force and effect 60 days
after the date of enactment of this Act. | RFS Reform Act of 2015 This bill amends the Clean Air Act to revise the renewable fuel standard program. Beginning on January 1, 2015, the renewable fuel that is required to be blended into gasoline must be advanced biofuel, which cannot be ethanol derived from corn starch. This bill revises the renewable fuel standards by decreasing the total volume of renewable fuel that must be contained in gasoline sold or introduced into commerce for years 2015 through 2022. The Environmental Protection Agency (EPA) must determine the target amount of cellulosic biofuel to be blended into transportation fuel based on the actual volume of cellulosic biofuel produced in the current year. The EPA must reduce the required volume of renewable fuel in transportation fuel by the same volume of cellulosic biofuel in the fuel. The EPA may not allow gasoline containing greater than 10% ethanol by volume to be introduced into commerce. Waivers that allow gasoline containing a greater percentage of ethanol are nullified. | {"src": "billsum_train", "title": "RFS Reform Act of 2015"} | 2,685 | 213 | 0.570034 | 1.437896 | 0.700902 | 2.123596 | 11.696629 | 0.820225 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Iraq Oil Trust Act of
2008''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the people of Iraq should benefit directly from a share
of the revenues generated by the hydrocarbon resources of their
country; and
(2) the United States Government should present a plan and
provide capacity and economic assistance for the implementation
of an Iraq oil trust.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the future of Iraq's oil reserves remains at the heart
of political reconciliation in Iraq;
(2) ensuring that individual Iraqis benefit directly from
hydrocarbon revenues is critical to promoting reconciliation
and facilitating sustainable stability in Iraq;
(3) the development and implementation of an oil trust
could provide significant benefits to Iraq and its citizens,
including by--
(A) helping to demonstrate the values at the heart
of democratic governance by giving Iraqi citizens a
direct stake in the responsible and transparent
management of the hydrocarbon resources of Iraq and the
use and distribution of hydrocarbon revenues;
(B) helping to diffuse the degree and concentration
of control of the revenues generated from hydrocarbon
resources, thereby reducing the opportunity for and
magnitude of corruption;
(C) facilitating ``bottom-up'' private sector
development, which will be critical to Iraq's future
prosperity and economic diversity, by putting revenues
from the oil resources of Iraq directly in the hands of
its citizens;
(D) helping to alleviate the incentive for
smuggling or sabotage by providing individual citizens
a direct stake in the amount of Iraqi oil that is
legally produced and sold;
(E) contributing to sustainable security by
providing individuals monetary-resource alternatives to
cooperating with militias, extremists, and other extra-
legal entities;
(F) providing additional income directly to
individual citizens, thereby stimulating
entrepreneurship and reducing the reliance on the
ability of the central and provincial governments to
deliver basic services and execute their budgets; and
(G) serving as a model for revenue distribution to
other resource-rich countries in the Middle East; and
(4) the United States should provide assistance to Iraq for
implementation of an oil trust.
SEC. 4. UNITED STATES ASSISTANCE TO IRAQ.
(a) Purpose.--The purpose of this section is to stipulate
limitations on United States assistance to Iraq for reconstruction
purposes.
(b) Limitation.--
(1) In general.--Unless the Secretary of State submits to
the appropriate congressional committees the certification
described in subsection (c) within 90 days after the date of
the enactment of this Act, 10 percent of United States
assistance described in paragraph (4) that is otherwise
available to Iraq through the Economic Support Fund shall be
withheld.
(2) Additional withholding of funds.--An additional 10
percent of United States assistance described in paragraph (4)
that is otherwise available to Iraq through the Economic
Support Fund shall be withheld for each additional 30 days
after funds are withheld under paragraph (1) until the
Secretary of State makes the certification described in
subsection (c).
(3) Release of withheld funds.--Any funds withheld under
paragraphs (1) and (2) shall be made available upon submission
by the Secretary of State of the certification described in
subsection (c).
(4) Covered assistance.--The assistance referred to in
paragraphs (1) and (2) are the following funds:
(A) Provincial Reconstruction Development Council
Funds.
(B) Operations and Maintenance Sustainment.
(C) Targeted Development Program.
(c) Certification.--The certification referred to in subsection (b)
is a certification submitted by the Secretary of State to the
appropriate congressional committees that--
(1) certifies that representatives of the United States
Government have presented to Government of Iraq representatives
an oil trust plan that includes--
(A) background on oil trusts, including those
currently used by sovereign nations or territories and
states within nations; and
(B) options for different types of oil trusts that
could be implemented in Iraq; and
(2) includes a discussion on the steps necessary to
implement an oil trust.
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(a) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(b) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives. | Support for Iraq Oil Trust Act of 2008 - Withholds specified percentages of Economic Support Fund assistance for Iraq unless the Secretary of State certifies within specified time periods to the appropriate congressional committees that U.S. government representatives have presented an oil trust plan to Iraqi government representatives. | {"src": "billsum_train", "title": "A bill to require United States Government representatives to present to the Government of Iraq a plan to establish an oil trust."} | 988 | 61 | 0.491792 | 1.265505 | 0.768354 | 2.591837 | 19.530612 | 0.836735 |
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 all
waters of the Gulf of Mexico--
(A) shoreward of the baseline from which the
territorial sea of the United States is measured; and
(B) seaward from the baseline described in
subparagraph (A) to the inner boundary of the exclusive
economic zone.
(2) Commission.--The term ``Commission'' means the Gulf
States Marine Fisheries Commission.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given to such term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(4) Federal fishery management plan.--The term ``Federal
fishery management plan'' means the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico prepared by the
Gulf of Mexico Fishery Management Council pursuant to section
622.1 of title 50, Code of Federal Regulations.
(5) Fishery management measure.--The term ``fishery
management measure'' means any policy, process, or tool used by
a Gulf coastal State to implement the fishery management plan.
(6) Fishery management plan.--The term ``fishery management
plan'' means a plan created by the Commission for the
sustainability of Gulf of Mexico red snapper and the economic
and community benefits of each of the Gulf coastal States.
(7) Gulf coastal state.--The term ``Gulf coastal State''
means any of--
(A) Alabama;
(B) Florida;
(C) Louisiana;
(D) Mississippi; or
(E) Texas.
(8) 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
shoreward of coastal waters.
(9) Overfishing.--The term ``overfishing'' has the meaning
given to such term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. DATA COLLECTION STRATEGY FOR GULF OF MEXICO RED SNAPPER.
Not later than one year after the date of the enactment of this
Act, the Commission, with the support of the Secretary, shall prepare
and adopt by vote a strategy for the collection of data on the Gulf of
Mexico red snapper fishery that shall include--
(1) measures to enhance interstate collaboration on the
collection of data regarding the Gulf of Mexico red snapper
fishery; and
(2) a plan to undertake annual stock assessments of Gulf of
Mexico red snapper.
SEC. 4. ADOPTING A FISHERY MANAGEMENT PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commission shall prepare and adopt by vote a
fishery management plan and submit the plan to the Secretary.
(b) Requirements.--In adopting a fishery management plan under
subsection (a), the Commission shall ensure--
(1) adequate opportunity for public participation prior to
a vote under subsection (a), including--
(A) at least 1 public hearing held in each Gulf
coastal State; and
(B) procedures for submitting written comments on
the fishery management plan to the Commission and for
making such comments and responses of the Commission
available to the public; and
(2) that such plan contains standards and procedures for
the long-term sustainability of Gulf of Mexico red snapper
based on the available science.
(c) Limitations on Quotas.--The fishery management plan shall
address the quotas of Gulf of Mexico red snapper on the date of the
enactment of this Act as follows:
(1) Based on stock assessments, the fishery management plan
may increase the quota apportioned to commercial fishing in a
fair and equitable manner.
(2) Except as provided in paragraph (3), the fishery
management plan shall not reduce such quota until the date that
is 3 years after the date of the enactment of this Act.
(3) If there is a reduction in the stock of Gulf of Mexico
red snapper prior to the date specified in paragraph (2), the
fishery management plan shall reduce quotas apportioned to all
fishing sectors in a fair and equitable manner that ensures a
sustainable harvest of Gulf of Mexico red snapper.
(d) Gulf Coastal State Requirements.--The fishery management plan
shall describe standards of compliance for Gulf coastal States to use
in developing fishery management measures.
SEC. 5. REVIEW AND CERTIFICATION BY SECRETARY.
(a) Plan Review.--The Secretary shall review the fishery management
plan submitted pursuant to section 4 to determine if the plan--
(1) is compatible, to the extent practicable, with section
301 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1851); and
(2) will ensure the long-term sustainability of Gulf of
Mexico red snapper populations.
(b) Plan Certification.--The Secretary shall determine whether to
certify the fishery management plan based on the review conducted under
subsection (a).
(c) Failure To Certify.--If the Secretary does not certify the
fishery management plan under subsection (b), the Secretary shall
submit a written explanation to the Commission explaining why the plan
was not certified. The Commission may submit a new fishery management
plan to the Secretary pursuant to section 4.
(d) Time for Secretary Response.--If the Secretary fails to act
pursuant to subsection (b) within 120 days of receipt of the fishery
management plan, the plan shall be treated as certified by the
Secretary.
SEC. 6. STATE IMPLEMENTATION OF THE FISHERY MANAGEMENT PLAN.
(a) Management Measures Deadline.--The Commission shall establish a
deadline for each Gulf coastal State to submit fishery management
measures to the Commission.
(b) Review and Approval.--Within 60 days of receipt of the fishery
management measures, the Commission shall review and approve such
measures that ensure each Gulf coastal State is in compliance with the
objectives of the fishery management plan.
(c) Revocation of Federal Management.--The Commission shall certify
to the Secretary that the Commission has approved the fishery
management measures submitted under subsection (a) for all Gulf coastal
States. Upon receipt of the certification, the Secretary shall--
(1) publish a notice in the Federal Register revoking those
regulations and portions of the Federal fishery management plan
that are in conflict with the fishery management plan submitted
under section 4, including the deletion of the Gulf of Mexico
red snapper from the Federal fishery management plan; and
(2) transfer management of Gulf of Mexico red snapper to
the Gulf coastal States.
(d) Implementation.--Upon the transfer of management described in
subsection (c)(2), each Gulf coastal State shall implement the measures
approved under subsection (b).
SEC. 7. COMMISSION OVERSIGHT RESPONSIBILITIES.
(a) Implementation and Enforcement of Fishery Management
Measures.--In December of the year following the transfer of management
described in section 6(c)(2), and at any other time the Commission
considers appropriate after that December, the Commission shall
determine if--
(1) each Gulf coastal State has fully adopted and
implemented fishery management measures;
(2) such measures continue to be in compliance with the
fishery management plan; and
(3) the enforcement of such measures by each Gulf coastal
State is satisfactory to maintain the long-term sustainability
and abundance of Gulf of Mexico red snapper.
(b) Certification of Overfishing and Rebuilding Plans.--If the Gulf
of Mexico red snapper in a Gulf coastal State is experiencing
overfishing or is subject to a rebuilding plan, that Gulf coastal State
shall submit a certification to the Commission showing that such
State--
(1) has implemented the necessary measures to end
overfishing or rebuild the fishery; and
(2) in consultation with the National Oceanic and
Atmospheric Administration, has implemented a program to
provide for data collection adequate to monitor the harvest of
Gulf of Mexico red snapper by such Gulf coastal State.
SEC. 8. OPPORTUNITY TO REMEDY.
(a) In General.--If the Commission finds that a Gulf coastal State
is noncompliant under section 7, the Commission shall offer assistance
to that Gulf coastal State to remedy the finding of noncompliance.
(b) Notification to Secretary for Continued Noncompliance.--If,
after such time as determined by the Commission, the Gulf coastal State
receiving assistance described in subsection (a) remains noncompliant,
the Commission shall vote on whether to notify the Secretary.
SEC. 9. CLOSURE OF THE GULF OF MEXICO RED SNAPPER FISHERY.
(a) Conditions for Closure.--Not later than 60 days after the
receipt of a notice under section 8(b), the Secretary may declare a
closure of the Gulf of Mexico red snapper fishery within the Federal
waters adjacent to the waters of the Gulf coastal State that is the
subject of such notice.
(b) Considerations.--Prior to making a declaration under subsection
(a) the Secretary shall consider the comments of such Gulf coastal
State and the Commission.
(c) Actions Prohibited During Closure.--During a closure of the
Gulf of Mexico red snapper fishery under subsection (a), it is unlawful
for any person--
(1) to engage in fishing for Gulf of Mexico red snapper
within the Federal waters adjacent to the waters of the Gulf
coastal State covered by the closure;
(2) to land, or attempt to land, the Gulf of Mexico red
snapper to which the closure applies; or
(3) to fail to return to the water any Gulf of Mexico red
snapper to which the closure applies that are caught incidental
to commercial harvest or in other recreational fisheries.
SEC. 10. ECONOMIC ANALYSIS AND REPORT.
(a) Economic Analysis of Gulf of Mexico Red Snapper Fishery.--The
Secretary, in consultation with the Gulf coastal States and the
Commission, shall conduct a study and analysis of the economic impacts
for the local, regional, and national economy of the Gulf of Mexico red
snapper fishery. The study shall include an analysis of--
(1) the beneficial economic impacts on industries directly
related to the Gulf of Mexico red snapper fishery, including
boat sales, marina activity, boat construction and repair,
fishing gear and tackle sales, and other closely related
industries; and
(2) the downstream economic impacts of the Gulf of Mexico
red snapper fishery on the economies of the Gulf coastal
States, including hotels, restaurants, grocery stores, related
tourism, and other peripheral businesses and industries.
(b) Biennial Reports.--Beginning 2 years after the date of the
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit a report on the findings of the study conducted under
subsection (a) to Congress, the Governor of each of the Gulf coastal
States, and the Commission. Each report shall be made available to the
public and shall include recommendations for additional actions to be
taken to encourage the sustainability 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: (1) prepare and adopt a data collection strategy for the Gulf of Mexico red snapper fishery, including interstate collaboration measures and a plan for annual stock assessments; and (2) 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 describing the standards of compliance for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to use in developing fishery management measures. Permits an increase in the quota of Gulf of Mexico red snapper apportioned to commercial fishing based on stock assessments. Prohibits such plan, for a three-year period, from reducing such quota, except in the event of a reduction in stock prior to the end of such period in which case the quotas apportioned to all fishing sectors shall be reduced to ensure a sustainable harvest. Directs the Secretary to determine whether the plan: (1) includes fishery management measures compatible with the Magnuson-Stevens Fishery Conservation and Management Act, and (2) ensures the long-term sustainability of Gulf of Mexico red snapper. Requires each Gulf coastal state to submit for the Commission's approval appropriate management measures that ensure compliance with the objectives of the fishery management plan. Directs the Secretary, upon receiving the Commission's certification that the management measures of all such states have been approved, to: (1) revoke federal regulations and portions of the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, and (2) transfer management of Gulf of Mexico red snapper to such states. Directs the Commission to determine, periodically, whether state enforcement is satisfactory. Requires the Commission to: (1) offer assistance to noncompliant states, and (2) vote on whether to notify the Secretary when a state remains noncompliant. Authorizes the Secretary to close a fishery within federal waters adjacent to a noncompliant state. Directs the Secretary to report biennially to Congress, the governor of each Gulf coastal state, and the Commission regarding the economic impacts 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"} | 2,519 | 503 | 0.666923 | 1.996041 | 0.670317 | 3.970183 | 5.178899 | 0.924312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Cash Smuggling Act of 2010''.
SEC. 2. ADDITION OF MEANS OF ACCESS TO FUNDS OR THE VALUE OF FUNDS.
Chapter 53 of subtitle IV of title 31, United States Code, is
amended--
(1) by inserting after section 5316 the following new
section:
``Sec. 5316A. Reports on exporting and importing means of access to
funds
``(a) In General.--
``(1) Reports required.--The Secretary of the Treasury, in
consultation with the Secretary of Homeland Security, shall, by
regulation and subject to the limitations of this section,
require reports concerning means of access to funds or the
value of funds belonging or credited to a person.
``(2) Means of access to funds or the value of funds
defined.--The Secretary of the Treasury shall define the term
`means of access to funds or the value of funds' for purposes
of this section. Such definition shall--
``(A) include means that a person, agent, or bailee
can use to electronically--
``(i) initiate transfers of funds;
``(ii) obtain currency in place of funds or
the value of funds; or
``(iii) purchase goods or services;
``(B) include, but not be limited to, prepaid or
stored value cards; and
``(C) not include debit cards or credit cards, as
such terms are defined under section 603(r)(3) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)) and
under section 103(k) of the Truth in Lending Act (15
U.S.C. 1602(k)), respectively.
``(b) Reports Required When Exporting or Importing.--A person, or
an agent or bailee of that person, shall as required by regulation file
a report under this section only when the person, agent, or bailee
knowingly--
``(1) transports, is about to transport, or has transported
a means of access to funds or the value of funds from a place
in the United States to or through a place outside the United
States or to a place in the United States from or through a
place outside the United States; or
``(2) receives a means of access to funds or the value of
funds transported into the United States from or through a
place outside the United States.
``(c) Timing and Content of Reports.--A report under this section
shall be filed at the time and place prescribed by the Secretary of the
Treasury, in consultation with the Secretary of Homeland Security. The
report shall contain the following information, to the extent the
Secretary of the Treasury, in consultation with the Secretary of
Homeland Security, prescribes:
``(1) The legal capacity in which the person filing the
report is acting.
``(2) The origin, destination, and route of the means of
access to funds or the value of funds.
``(3) When the means of access to funds or the value of
funds is not legally and beneficially owned by the person
transporting the such means of access, or if the person
transporting such means of access personally is not going to
use it, the identity of the person that gave such means of
access to the person transporting it, the identity of the
person who is to receive such means of access, or both.
``(4) The amount and kind of funds or the value of funds to
which the means of access to funds or the value of funds
provides access, and the person to whom the funds or value of
funds belong or are credited.
``(5) Such additional information as the Secretary of the
Treasury, in consultation with the Secretary of Homeland
Security, determines to be appropriate.
``(d) Nonapplicability to Certain Common Carriers.--This section
shall not apply to a common carrier of passengers when a passenger is
transporting a means of access to funds or the value of funds, or to a
common carrier of goods if the shipper does not declare such means of
access.
``(e) Additional Information Needed To Facilitate Reporting.--The
Secretary of the Treasury, in consultation with the Secretary of
Homeland Security, may prescribe regulations under this section
requiring a person that holds funds or the value of funds belonging or
credited to another person, and that provides such other person a means
of access to such funds or value, to provide information at the time
and place and in the manner prescribed by the Secretary, in
consultation with the Secretary of Homeland Security, in order to
facilitate reporting under this section. Such information may include,
but is not limited to, placing conspicuous markings on any tangible
mechanism that constitutes, or together with a personal identification
number, code, or other input comprises, a means of access to funds or
the value of funds in order to manifest reportable characteristics of
the means of access.'';
(2) in section 5316--
(A) by amending the heading to read as follows:
``Sec. 5316. Reports on exporting and importing monetary instruments
and access devices'';
(B) by amending subsection (a) to read as follows:
``(a) Except as provided in subsection (c), a person or an agent or
bailee of the person shall file a report under subsection (b) when the
person, agent, or bailee knowingly--
``(1) transports, is about to transport, or has
transported, monetary instruments, funds accessible by means of
access to funds or the value of funds (as defined under section
5316A(a)(2)), or a combination of monetary instruments and
funds accessible by such means of access, of more than $10,000
at one time--
``(A) from a place in the United States to or
through a place outside the United States; or
``(B) to a place in the United States from or
through a place outside the United States; or
``(2) receives monetary instruments, funds accessible by
means of access to funds or the value of funds, or a
combination of monetary instruments and funds accessible by
such means of access, of more than $10,000 at one time
transported into the United States from or through a place
outside the United States.''; and
(C) in subsection (b), by striking ``Secretary
prescribes'' and inserting ``Secretary of the Treasury,
in consultation with the Secretary of Homeland
Security, prescribes'';
(3) by amending section 5317 to read as follows:
``Sec. 5317. Search and forfeiture of monetary instruments and access
devices
``(a) In General.--The Secretary of the Treasury or the Secretary
of Homeland Security may apply to a court of competent jurisdiction for
a search warrant when such Secretary reasonably believes a monetary
instrument or a tangible mechanism that constitutes, or together with a
personal identification number, code, or other input comprises, a means
of access to funds or the value of funds is being transported and a
report on the instrument or means of access to funds or the value of
funds under section 5316 or 5316A has not been filed or contains a
material omission or misstatement. Such Secretary shall include a
statement of information in support of the warrant. On a showing of
probable cause, the court may issue a search warrant for a designated
person or a designated or described place or physical object. This
subsection does not affect the authority of the Secretary of the
Treasury or the Secretary of Homeland Security under any other
provision of law.
``(b) Searches at Border.--For purposes of ensuring compliance with
the requirements of section 5316 and 5316A, a customs officer may stop
and search, at the border and without a search warrant, any vehicle,
vessel, aircraft, or other conveyance, any envelope or other container,
and any person entering or departing from the United States.
``(c) Forfeiture.--
``(1) Criminal forfeiture.--
``(A) In general.--The court in imposing sentence
for any violation of section 5313, 5316, 5316A, or
5324, or any conspiracy to commit such violation, shall
order the defendant to forfeit all property, real or
personal, involved in the offense, including but not
limited to any tangible mechanism that constitutes, or
together with a personal identification number, code,
or other input comprises, a means of access to funds or
the value of funds, and any property traceable thereto.
``(B) Procedure.--Forfeitures under this paragraph
shall be governed by the procedures established in
section 413 of the Controlled Substances Act.
``(2) Civil forfeiture.--Any property involved in a
violation of section 5313, 5316, 5316A, or 5324, or any
conspiracy to commit any such violation, and any property
traceable to any such violation or conspiracy, may be seized
and forfeited to the United States in accordance with the
procedures governing civil forfeitures in money laundering
cases pursuant to section 981(a)(1)(A) of title 18, United
States Code.'';
(4) by amending section 5324(c) to read as follows:
``(c) International Transactions.--No person shall, for the purpose
of evading the reporting requirements of section 5316 or 5316A--
``(1) fail to file a report required by section 5316 or
5316A, or cause or attempt to cause a person to fail to file
such a report;
``(2) file or cause or attempt to cause a person to file a
report required under section 5316 or 5316A that contains a
material omission or misstatement of fact; or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any importation or
exportation of monetary instruments or means of access to funds
or the value of funds.''; and
(5) by amending section 5332 to read as follows:
``Sec. 5332. Smuggling of cash, monetary instruments, and means of
access to funds or the value of funds into or out of the
United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316 or 5316A,
knowingly conceals more than $10,000 in currency or other
monetary instruments, or any tangible mechanism that
constitutes, or together with a personal identification number,
code, or other input comprises, a means of access to funds or
the value of funds, on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport
or transfer such currency, other monetary instruments, or
tangible mechanism from a place within the United States to a
place outside of the United States, or from a place outside the
United States to a place within the United States, shall be
guilty of a currency smuggling offense and subject to
punishment pursuant to subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency, other monetary instruments, or
tangible mechanisms on the person of any individual includes
concealment in any article of clothing worn by the individual
or in any luggage, backpack, or other container worn or carried
by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for not
more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of
the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited pursuant to section 413(p) of the Controlled
Substances Act, the court shall enter a personal money judgment
against the defendant for the amount that would be subject to
forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency, other monetary instrument, or tangible mechanism
that constitutes, or together with a personal identification
number, code, or other input comprises, a means of access to
funds or the value of funds that is concealed or intended to be
concealed in violation of subsection (a) or a conspiracy to
commit such violation, any article, container, or conveyance
used, or intended to be used, to conceal or transport the
currency, other monetary instrument, or tangible mechanism, and
any other property used, or intended to be used to facilitate
the offense (including the funds or value of funds accessible
by such tangible mechanism at the time of the offense), shall
be considered property involved in the offense.''. | Anti-Cash Smuggling Act of 2010 - Directs the Secretary of the Treasury to require reports concerning means of access to funds or the value of funds belonging or credited to a person, including electronic means and prepaid or stored cards (but not debit or credit cards).
Requires such reports to be filed when a person: (1) transports, is about to transport, or has transported a means of access to funds or the value of funds from a place in the United States to or through a place outside the United States, or to a place in the United States from or through a place outside the United States; or (2) receives a means of access to funds or the value of funds transported into the United States from or through a place outside the United States.
Authorizes either the Secretary of the Treasury or the Secretary of Homeland Security (DHS) to apply to a court for a search warrant upon a reasonable belief that: (1) a monetary instrument or a tangible mechanism that constitutes a means of access to funds or the value of funds is being transported; and (2) a required report has not been filed or contains a material omission or misstatement.
Authorizes a customs officer to stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.
Subjects violations of this Act to criminal and civil forfeiture.
Revises penalties and procedures regarding smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to include means of access to funds or the value of funds in certain records and reports on monetary instrument transactions, and for other purposes."} | 3,037 | 364 | 0.647263 | 2.078216 | 0.819344 | 7.897516 | 8.779503 | 0.953416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Card Fairness Act of 2010''.
SEC. 2. PROTECTION FOR CONSUMERS WHO HAVE GOVERNMENT BENEFIT CARDS.
(a) Government Payment Accounts Included in Definition of
Account.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C.
1693a) is amended--
(1) in paragraph (2), by inserting ``and includes a
government payment account,'' before ``but'';
(2) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively; and
(3) by inserting after paragraph (8) the following:
``(9) the term `government payment account' means an
account that is directly or indirectly established through a
government agency and to which electronic fund transfers are
made by or on behalf of a government agency on a recurring
basis;''.
(b) Elimination of Exemption for Government Electronic Benefit
Transfer Systems.--
(1) In general.--Section 904(d) of such Act (15 U.S.C.
1693b(d)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(2) Conforming amendments.--
(A) Section 905(a)(10)(A) of such Act (15 U.S.C.
1693c(a)(10)(A)) is amended by striking
``903(d)(3)(D)(i)'' and inserting ``903(d)(2)(D)(i)''.
(B) Section 910(d) of such Act (15 U.S.C. 1693h(d))
is amended by striking ``903(d)(3)(B)(i)'' each place
it appears and inserting ``903(d)(2)(B)(i)''.
(c) Consumer Protection.--The Electronic Fund Transfer Act (15
U.S.C. 1693-1693r) is amended by adding at the end the following:
``SEC. 922. GOVERNMENT PAYMENT ACCOUNTS.
``(a) In General.--A financial institution shall not offer a
government payment account except in compliance with this section.
``(b) Consumer Choice.--An electronic fund transfer on behalf of a
consumer may not be made automatically to a government payment account,
unless--
``(1) the consumer has first been offered and has declined
the choice of direct deposit to an existing account chosen by
the consumer;
``(2) the consumer has, when offered the choice of direct
deposit to an existing account, been provided a clear and
conspicuous list of the types and amounts of all fees and
charges associated with the government payment account; and
``(3) the consumer has the opportunity, in case of
hardship, to opt out of electronic transfer of payments to the
consumer and elect to receive payments in the form of a check.
``(c) Access to Account Balance and Transaction History.--
``(1) A financial institution shall provide the means for
the consumer to access the balance of a government payment
account through a telephone line, online, and at a terminal
(such as by providing balance information, routinely or on
request, on a screen or on a receipt from an automated teller
machine).
``(2) A financial institution shall either provide periodic
statements pursuant to section 906(c), or make available to a
consumer at a consumer's option all of the following without a
fee, except for the fee permitted in subparagraph (E):
``(A) A written history of the consumer's account
transactions that is provided promptly in response to
an oral or written request and that is available for
transactions at least 24-months preceding the date of
the request by the consumer.
``(B) An electronic history of the consumer's
account transactions, such as through an Internet Web
site, that covers at least 60 days preceding the date
the consumer electronically accesses the account.
``(C) An electronic periodic statement.
``(D) Electronic mail notification of the
availability of an electronic history or an electronic
periodic statement at least once each period, unless
the consumer has declined to provide an electronic mail
address.
``(E) The choice of receiving a written periodic
statement upon payment of a nominal fee, not to exceed
$1 per statement.
``(3) A history of account transactions provided under
subparagraphs (A) and (B) of paragraph (1) of this subsection
shall include the information required by section 906(c).
``(d) Fees.--
``(1) In general.--A fee or charge may not be assessed on a
government payment account except as authorized by this
section.
``(2) Prohibited fees.--A fee or charge may not be charged
on a government payment account for any of the following:
``(A) The first withdrawal from an in-network
automated teller machine and the first withdrawal from
a bank teller, after each deposit.
``(B) An application.
``(C) Participation, whether on a one-time or
periodic basis.
``(D) An overdraft, including a shortage of funds
or a transaction processed for an amount exceeding the
account balance.
``(E) A purchase.
``(F) A declined transaction.
``(G) Inactivity.
``(H) An inquiry, or balance or transaction
information, at an automated teller machine or through
the Internet or an automated system.
``(I) Customer service.
``(J) An ad hoc request for a statement.
``(K) An extension of credit.
``(L) 1 replacement card each year.
``(M) Anything for which a fee is not permitted by
or under paragraph (3).
``(3) Permitted fees.--
``(A) Nominal fee for written periodic
statements.--The consumer may be charged a nominal fee
not to exceed $1 for written periodic statements if the
fee is designed solely to cover the costs of printing
and mailing the statements, and if other account
information is made available in accordance with this
section.
``(B) Transaction fees.--Subject to subparagraph
(C), a consumer may be charged a fee for only the
following transactions in connection with a government
payment account:
``(i) The second or any subsequent
withdrawal from an in-network automated teller
machine and the second or any subsequent
withdrawal from a bank teller, after each
deposit.
``(ii) A surcharge imposed by a non-network
automated teller machine in compliance with
section 904(d)(3).
``(iii) A transfer to another account.
``(iv) Bill payment.
``(v) A replacement card after the first
one each year.
``(vi) Expedited delivery of a replacement
card.
``(vii) International automated teller
machine withdrawal.
``(viii) A purchase or withdrawal in an
international currency.
``(C) Authority to permit other fees.--The Board
may by regulation authorize other permissible fees for
specific services beyond ordinary use of the account.
``(e) Disclosures.--
``(1) In general.--A financial institution shall disclose
the following:
``(A) Means to obtain account balance.--The means
by which the consumer may obtain information without a
fee concerning the account balance, including a
telephone number and Web site.
``(B) Written account history.--A summary of the
consumer's right to receive a written account history
on request and other means to obtain transaction
information.
``(C) Fee information.--
``(i) Any fee or charge associated with the
account shall be disclosed in a prominent
location on or in conjunction with any
application or solicitation, or other
applicable document, and in the form of a table
with headings, content, and format
substantially similar to the tables required
pursuant to section 127(c)(1)(A) of the Truth
in Lending Act and regulations under that
section.
``(ii) The card or device used to access
the account shall display a toll-free number
and Web site at which a clear and conspicuous
list of fees and charges may be obtained.
``(iii) The initial disclosure of fees and
charges shall include a wallet-sized summary of
the fees and charges, the Web site where fee
information can be found, and the telephone
number for customer service.
``(2) Modified requirements.--The following requirements
shall apply to financial institutions that do not furnish
periodic statements for the transfers referred to in subsection
(c):
``(A) Error resolution.--The financial institution
shall provide a notice to consumers concerning error
resolution as prescribed in regulations of the Board.
``(B) Limitations on liability.--For purposes of
section 909(a), the 60-day period for reporting an
unauthorized transfer that appears on a periodic
statement shall begin with transmittal of a written
account history or other account information, provided
to or accessed by the consumer under subsection (c) of
this section, in which the unauthorized transfer is
first reflected.
``(C) Error resolution.--If a financial institution
receives oral or written notice of an error from the
consumer within 60 days after the consumer, under
subsection (c) of this section, obtains a written
account history or other account information in which
the error is first reflected, the financial institution
shall comply with section 908.
``(f) FDIC Insurance.--A financial institution shall not offer
electronic fund transfer services in connection with a government
payment account unless the account complies with requirements of the
Federal Deposit Insurance Corporation for the provision of insurance by
the Federal Deposit Insurance Corporation to the consumer on either a
direct or pass-through basis.
``(g) Standard State Contracts.--The Secretary of the Treasury, in
consultation with the Secretary of Labor and the Secretary of Health
and Human Services, shall promulgate a request for proposals from
financial institutions for a standard contract into which a State or
local government agency may enter for government payment account
services in compliance with this section.
``(h) Definition of Financial Institution.--In this section, the
term `financial institution' means any provider of a government payment
account.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect 1 year after
the date of the enactment of this Act.
(2) Inapplicability to services provided under contracts
entered into before enactment.--The amendments made by this
section shall not apply with respect to the provision of goods
or services under a contract entered into before the date of
the enactment of this Act. | Benefit Card Fairness Act of 2010 - Amends the Electronic Fund Transfer Act (EFTA) to extend its coverage to any account directly or indirectly established through a government agency to which electronic fund transfers (EFTs) are made by or on behalf of a government agency on a recurring basis (government payment account).
Repeals the exemption from EFTA disclosure, protection, responsibility, and remedy requirements of electronic benefit transfer systems established by a federal, state, or local government agency for distributing needs-tested benefits, such as through automated teller machines (ATMs) or point-of-sale terminals.
Requires a financial institution to offer a government payment account in compliance with this Act and with the requirements of the Federal Deposit Insurance Corporation (FDIC) for the provision of insurance to the consumer.
Prescribes requirements for consumer choice in making an EFT to a government payment account, as well as for access to account balance and transaction history.
Prohibits the assessment of specified fees on a government payment account, except certain transaction fees, a nominal fee of up to $1 for written periodic statements, and other permissible fees for specific services beyond ordinary use of the account.
Requires a financial institution to make certain disclosures including: (1) the means to obtain account balance; (2) written account history; (3) fee information; and (4) error resolution. | {"src": "billsum_train", "title": "To amend the Electronic Fund Transfer Act to provide protection for consumers who have government benefit cards."} | 2,394 | 298 | 0.518478 | 1.5306 | 0.709399 | 3.18797 | 8.285714 | 0.87218 |
SECTION 1. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Increase in Amount.--Section 16131(b)(1) of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking ``$251'' and inserting
``$600'';
(2) in subparagraph (B), by striking ``$188'' and inserting
``$450''; and
(3) in subparagraph (C), by striking ``$125'' and inserting
``$300''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to payments of educational assistance allowances under
chapter 1606 of title 10, United States Code, made for months beginning
on or after that date.
SEC. 2. REDUCTION IF RETIREMENT AGE FOR YEARS OF SERVICE IN THE ARMED
FORCES BY CERTAIN MEMBERS OF THE NATIONAL GUARD AND
RESERVE WHO SERVE ON ACTIVE DUTY AFTER SEPTEMBER 11,
2001.
(a) In General.--Section 12731 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) has attained the eligibility age applicable under
subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2) the eligibility age for purposes
of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a reserve of the armed
forces serves on active duty in Iraq or Afghanistan after September 11,
2001, the eligibility age for purposes of subsection (a)(1) shall be
reduced below 60 years of age by six months for each aggregate of 90
days on which such person so serves after such date, subject to
subparagraph (B). A day of service may be included in only one
aggregate of 90 days for purposes of this subparagraph.
``(B) The eligibility age for purposes of subsection (a)(1) may not
be reduced below 50 years of age for any person under subparagraph
(A).''.
(b) Administration of Related Provisions of Law or Policy.--With
respect to any provision of law, or of any policy, regulation, or
directive of the executive branch, that refers to a member or former
member of the uniformed services as being eligible for, or entitled to,
retired pay under chapter 1223 of title 10, United States Code, but for
the fact that the member or former member is under 60 years of age,
such provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60 years of
age a reference to having attained the eligibility age applicable under
subsection (f) of section 12731 of title 10, United States Code (as
added by subsection (a)), to such member or former member for
qualification for such retired pay under subsection (a) of that
section.
(c) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect as of September 11, 2001, and shall
apply with respect to applications for retired pay that are submitted
under section 12731(a) of title 10, United States Code, on or after the
date of the enactment of this Act.
SEC. 3. LOCATION OF TREATMENT OF CERTAIN RESERVES REQUIRING TREATMENT
FOR WOUNDS OR INJURIES INCURRED ON ACTIVE DUTY.
(a) Location of Treatment.--
(1) In general.--If a member of a reserve component of the
Armed Forces requires treatment for more than 30 days for a
wound or injury incurred on active duty in the Armed Forces,
the Secretary of the military department concerned shall
transfer such member to a military medical treatment facility,
medical facility of the Department of Veterans Affairs, or
private medical facility appropriate for the treatment of such
wound or injury that is located not more than 30 miles from a
location elected by such member for such purpose from among the
locations as follows:
(A) The hometown of such member.
(B) The permanent duty station of such member.
(2) Transfers to va facilities.--(A) Any transfer under
paragraph (1) to a medical facility of the Department of
Veterans Affairs shall be made on a space-available basis at
such medical facility.
(B) Transfers under paragraph (1) to medical facilities of
the Department of Veterans Affairs shall be made in accordance
with the terms of a memorandum of agreement entered into by the
Secretary of Defense and the Secretary of Veterans Affairs for
purposes of this section.
(3) Transfers to private facilities.--Any transfer under
paragraph (1) to a private medical facility shall be made with
the consent of such medical facility.
(4) Cost of treatment.--All costs of treatment of a member
transferred under paragraph (1) to a medical facility of the
Department of Veterans Affairs or private medical facility for
the wound or injury for which so transferred shall be borne by
the Secretary of the military department concerned.
(b) Enhancement of Travel and Transportation for Family Members for
Travel Incident to Illness or Injury of Members.--Section 411h of title
37, United States Code, is amended--
(1) in subsection (a), by striking paragraph (3);
(2) by striking subsection (c) and inserting the following
new subsection (c):
``(c) The amount payable under subsection (a) for travel and
transportation of a family member of a member of the uniformed services
is the amount as follows:
``(1) During the 180-day period beginning with the
commencement of treatment of such member as described in
subsection (a), $100 per day for not more than 5 days in each
consecutive 30-day period during such 180-day period.
``(2) During the 180-day period beginning at the end of the
180-day period covered by subparagraph (A), $100 per day for
not more than 5 days in each consecutive 60-day period during
the 180-day period covered by this subparagraph.
``(3) After the 180-day period covered by subparagraph (B),
$100 per day for not more than 5 days in each consecutive 90-
day period thereafter.''; and
(3) in subsection (d), by striking paragraph (3).
SEC. 4. TRAVEL AND TRANSPORTATION ALLOWANCE FOR MEMBERS OF THE NATIONAL
GUARD TRAVELING LONG DISTANCES FOR DRILL OR ANNUAL
TRAINING.
(a) Allowances.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 408 the following new section:
``Sec. 408a. Travel and transportation allowances: members of the
National Guard traveling long-distances for drill or
annual training
``(a) Eligibility for Reimbursement.--Under regulations prescribed
jointly by the Secretary of the Army and the Secretary of the Air
Force, a member of a reserve component of the armed forces who travels
more than 50 miles for drill or instruction, or annual training duty,
under section 502 of title 32 shall be reimbursed by the applicable
Secretary for the costs of such travel.
``(b) Limitation.--The total reimbursement of a member for travel
under subsection (a) may not exceed the cost of Government-procured
commercial round-trip travel between the locations involved.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 408 the following new item:
``408a. Travel and transportation allowances: members of the National
Guard traveling long-distances for drill or
annual training.''. | Increases authorized monthly educational assistance amounts for members of the Selected Reserve.
Reduces the military retirement eligibility age in the case of a person who serves in the reserves on active duty in Iraq or Afghanistan after September 11, 2001, below 60 years of age by six months for each 90 days that the person so serves. Prohibits such eligibility age from being reduced below 50.
Requires that, if a member of the reserves requires treatment for more than 30 days for a wound or injury incurred on active duty, the Secretary of the military department concerned shall transfer such member to a treatment facility that is not more than 30 miles from either the hometown or permanent duty station of the member, as elected by such member.
Requires a member of the reserves who travels more than 50 miles for drill, instruction, or annual training duty to be reimbursed for the costs of such travel. | {"src": "billsum_train", "title": "A bill to amend titles 10 and 37, United States Code, to reduce the minimum age of retirement for years of non-regular service for reserves who serve on active duty in Iraq and Afghanistan, to increase the amount of educational assistance for members of the Selected Reserve, and to provide certain other benefits relating to service in the reserve components of the Armed Forces, and for other purposes."} | 1,737 | 189 | 0.553169 | 1.519327 | 0.83436 | 4.830409 | 9.409357 | 0.959064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Geothermal Production on
Federal Lands Act''.
SEC. 2. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definition of Geothermal Exploration Test Project.--In this
section, the term `geothermal exploration test project' means the
drilling of a well to test or explore for geothermal resources on lands
for which the Secretary has issued a lease under this Act, that--
``(1) is carried out by the holder of the lease;
``(2) causes--
``(A) less than 5 acres of soil or vegetation
disruption at the location of each geothermal
exploration well; and
``(B) not more than an additional 5 acres of soil
or vegetation disruption during access or egress to the
test site;
``(3) is developed--
``(A) less than 9 inches in diameter;
``(B) in a manner that does not require off-road
motorized access other than to and from the well site
along an identified off-road route;
``(C) without construction of new roads other than
upgrading of existing drainage crossings for safety
purposes;
``(D) with the use of rubber-tired digging or
drilling equipment vehicles; and
``(E) without the use of high-pressure well
stimulation;
``(4) is completed in less than 90 days, including the
removal of any surface infrastructure from the site; and
``(5) requires the restoration of the project site within 3
years of the date of first exploration drilling to
approximately the condition that existed at the time the
project began, unless the site is subsequently used as part of
energy development under the lease.
``(b) Categorical Exclusion.--
``(1) In general.--Unless extraordinary circumstances
exist, a project that the Secretary determines under subsection
(c) is a geothermal exploration test project shall be
categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation).
``(2) Extraordinary circumstances definition.--In this
subsection, the term `extraordinary circumstances' has the same
meaning given such term in the Department of the Interior
Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2
(or successor provisions).
``(c) Process.--
``(1) Requirement to provide notice.--A leaseholder shall
provide notice to the Secretary of the leaseholder's intent to
carry out a geothermal exploration test project at least 30
days before the start of drilling under the project.
``(2) Review and determination.--Not later than 10 days
after receipt of a notice of intent under paragraph (1), the
Secretary shall, with respect to the project described in the
notice of intent--
``(A) determine if the project qualifies for a
categorical exclusion under subsection (b); and
``(B) notify the leaseholder of such determination.
``(3) Opportunity to remedy.--If the Secretary determines
under paragraph (2)(A) that the project does not qualify for a
categorical exclusion under subsection (b), the Secretary
shall--
``(A) include in such notice clear and detailed
findings on any deficiencies in the project that
resulted in such determination; and
``(B) allow the leaseholder to remedy any such
deficiencies and resubmit the notice of intent under
paragraph (1).''.
SEC. 3. GEOTHERMAL LEASING PRIORITY AREAS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
further amended by adding at the end the following:
``SEC. 31. GEOTHERMAL LEASING PRIORITY AREAS.
``(a) Definition of Covered Land.--In this section, the term
`covered land' means land that is--
``(1) Federal land; and
``(2) not excluded from the development of geothermal
energy under--
``(A) a land use plan established under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.); or
``(B) any other Federal law.
``(b) Designation of Geothermal Leasing Priority Areas.--The
Secretary, in consultation with the Secretary of Energy, shall
designate portions of covered land as geothermal leasing priority areas
as soon as practicable, but not later than 5 years, after the date of
the enactment of this section.
``(c) Criteria for Selection.--In determining which covered lands
to designate as geothermal leasing priority areas under subsection (b),
the Secretary, in consultation with the Secretary of Energy, shall
consider if--
``(1) the covered land is preferable for geothermal
leasing;
``(2) production of geothermal energy on such land is
economically viable, including if such land has access to
methods of energy transmission; and
``(3) the designation would be in compliance with section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), including subsection (c)(9) of that section.
``(d) Review and Modification.--Not less frequently than once every
10 years, the Secretary shall--
``(1) review covered land and, if appropriate, make
additional designations of geothermal leasing priority areas;
and
``(2) review each area designated as a geothermal leasing
priority area under this section, and, if appropriate, remove
such designation.
``(e) Programmatic Environmental Impact Statement.--
``(1) Initial designations.--No later than one year after
the initial designation of a geothermal leasing priority area,
the Secretary shall prepare a supplement to any final
programmatic environmental impact statement for geothermal
leasing that is the most recently finalized such statement with
respect to covered land designated as a geothermal leasing
priority area under subsection (b).
``(2) Subsequent designations.--Each designation of a
geothermal leasing priority area under subsection (d) shall be
included in a programmatic environmental impact statement for
geothermal leasing or in a supplement to such a statement.
``(3) Consultations.--In developing any programmatic
environmental impact statement for geothermal leasing or
supplement to such a statement under this section, the
Secretary shall consult, on an ongoing basis, with appropriate
State, Tribal, and local governments, transmission
infrastructure owners and operators, developers, and other
appropriate entities.
``(4) Procedure.--The Secretary may not delay issuing a
permit or holding a lease sale under this Act because the
supplement required under paragraph (1) has not been finalized
by the Secretary.
``(f) Compliance With NEPA.--If the Secretary determines that the
designation of a geothermal leasing priority area has been sufficiently
analyzed by a programmatic environmental impact statement, the
Secretary shall not prepare any additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to geothermal lease sales for such geothermal leasing priority area.''.
SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for noncompetitive
leasing under subsection (c) by the holder of the oil and gas
lease--
``(A) on a determination that geothermal energy
will be produced from a well producing or capable of
producing oil and gas; and
``(B) in order to provide for the coproduction of
geothermal energy with oil and gas.''.
SEC. 5. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is further amended by adding at the end the following:
``(5) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre (taking into account the
determination under subparagraph
(B)(iii) regarding a valid discovery on
the adjoining land) as determined by
the Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 180-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person who may hold
a geothermal lease under this Act (including
applicable regulations).
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that geothermal feature
extends into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish, with an opportunity
for public comment for a period of 30
days, any proposed determination under
this subparagraph of the fair market
value of an area that the qualified
lessee seeks to lease under this
paragraph; and
``(IV) provide to the qualified
lessee and any adversely affected party
the opportunity to appeal the final
determination of fair market value in
an administrative proceeding before the
applicable Federal land management
agency, in accordance with applicable
law (including regulations).
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(iii) Annual rental.--For purposes of
section 5(a)(3), a lease awarded under this
paragraph shall be considered a lease awarded
in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after
the date of enactment of this paragraph, the Secretary
shall issue regulations to carry out this paragraph.''. | Enhancing Geothermal Production on Federal Lands Act This bill amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of certain federal land for geothermal development. Interior must lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Lessees must make annual rental payments equal to those required for lands that are leased competitively. The bill exempts geothermal exploration test projects from complying with environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Interior must designate portions of certain federal land as geothermal leasing priority areas. The bill sets forth requirements for environmental review under NEPA with respect to the priority areas. | {"src": "billsum_train", "title": "Enhancing Geothermal Production on Federal Lands Act"} | 3,142 | 173 | 0.541855 | 1.499813 | 0.70656 | 2.631944 | 19.333333 | 0.840278 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Profiting from Access to Computer
Technology (PACT) Act'' or the ``Child PACT Act''.
SEC. 2. PROTECTION OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.
Each Federal agency shall, to the extent practicable, protect and
safeguard potential educationally useful Federal equipment that has
been determined to be surplus, so that such equipment may be
transferred under this Act.
SEC. 3. EFFICIENT TRANSFER OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL
EQUIPMENT.
(a) Transfer of Equipment to GSA.--Each Federal agency, to the
extent permitted by law and where appropriate, shall--
(1) identify potential educationally useful Federal
equipment that it no longer needs or such equipment that has
been declared surplus in accordance with section 549 of title
40, United States Code;
(2) erase all hard drives and other information storage
devices, before transfer under paragraph (3), in accordance
with standards in effect under the National Security Agency's
Information Assurance Directorate; and
(3)(A) transfer the equipment to the Administrator of
General Services for conveyance to educational recipients; or
(B) transfer the equipment directly to--
(i) an educational recipient, through an
arrangement made by the Administrator of General
Services under subsection (b); or
(ii) a nonprofit refurbisher under subsection (d).
(b) Advance Reporting of Equipment to GSA.--Each Federal agency
shall report to the Administrator of General Services the anticipated
availability of potential educationally useful Federal equipment as far
as possible in advance of the date the equipment is to become surplus,
so that the Administrator may attempt to arrange for the direct
transfer from the donating agency to educational recipients.
(c) Preference.--In carrying out conveyances to educational
recipients under this Act, the Administrator of General Services shall,
to the extent practicable, give particular preference to educational
recipients located in an enterprise community, empowerment zone, or
renewal community designated under section 1391, 1400, or 1400E of the
Internal Revenue Code of 1986.
(d) Refurbishment of Potential Educationally Useful Equipment.--
Potential educationally useful Federal equipment that is not classroom-
usable shall be conveyed initially to a nonprofit refurbisher for
upgrade before transfer to the educational recipient. The refurbisher
shall be responsible for proper disposal of any equipment that cannot
be successfully refurbished.
(e) Lowest Cost.--All transfers to educational recipients shall be
made at the lowest cost to the recipient permitted by law.
(f) Notice of Availability of Equipment.--The Administrator of
General Services shall provide notice of the anticipated availability
of potential educationally useful Federal equipment (including
nonclassroom-usable equipment) to educational recipients by all
practical means, including the Internet, newspapers, nonprofit
refurbishers and community announcements.
(g) Facilitation by Regional Federal Executive Boards.--The
regional Federal Executive Boards (as that term is used in part 960 of
title 5, Code of Federal Regulations) shall help facilitate the
transfer of potential educationally useful Federal equipment from the
agencies they represent to recipients eligible under this Act.
SEC. 4. RULEMAKING.
The Administrator of General Services shall prescribe rules and
procedures to carry out this Act.
SEC. 5. EFFECT ON OTHER LAWS.
This Act supersedes Executive Order No. 12999 of April 17, 1996.
SEC. 6. RULE OF CONSTRUCTION.
This Act may not be construed to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States or its agencies, officers, or employees.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``Federal agency'' means an Executive
department or an Executive agency (as such terms are defined in
chapter 1 of title 5, United States Code).
(2) The term ``educational recipient'' means a school or a
community-based educational organization.
(3) The term ``school'' includes a pre-kindergarten program
(as that term is used in the Elementary and Secondary Education
Act of 1965), an elementary school, a secondary school, and a
local educational agency (as those terms are defined in section
9101 of that Act).
(4) The term ``community-based educational organization''
means a nonprofit entity that--
(A) is engaged in collaborative projects with
schools or the primary focus of which is education; and
(B) qualifies as a nonprofit educational
institution or organization for purposes of section
549(c)(3) of title 40, United States Code.
(5) The term ``potential educationally useful Federal
equipment'' means computers and related peripheral tools (such
as computer printers, modems, routers, and servers), including
telecommunications and research equipment, that are appropriate
for use by an educational recipient. The term also includes
computer software, where the transfer of a license is
permitted.
(6) The term ``classroom-usable,'' with respect to
potential educationally useful Federal equipment, means such
equipment that does not require an upgrade of hardware or
software in order to be used by an educational recipient
without being first transferred under section 3(d) to a
nonprofit refurbisher for such an upgrade.
(7) The term ``nonprofit refurbisher'' means an
organization that--
(A) is exempt from income taxes under section
501(c) of the Internal Revenue Code of 1986; and
(B) upgrades potential educationally useful Federal
equipment that is not yet classroom-usable at no cost
or low cost to the ultimate recipient school or
community-based educational organization. | Profiting from Access to Computer Technology (PACT) Act or the Child PACT Act - Directs each Federal agency to: (1) safeguard and identify potential educationally useful Federal equipment that it no longer needs or that has been declared surplus; and (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients or nonprofit refurbishers. | {"src": "billsum_train", "title": "To establish a program to transfer surplus computers of Federal agencies to schools and nonprofit community-based educational organizations, and for other purposes."} | 1,237 | 76 | 0.602821 | 1.660383 | 0.991559 | 3.027778 | 15.847222 | 0.944444 |
SECTION 1. TAX CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING
QUALIFIED INFECTIOUS DISEASE PRODUCTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45O. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING QUALIFIED
INFECTIOUS DISEASE PRODUCTS.
``(a) General Rule.--For purposes of section 38, the infectious
disease research credit determined under this section for the taxable
year is an amount equal to 50 percent of the qualified infectious
disease research expenses for the taxable year.
``(b) Qualified Infectious Disease Research Expenses.--For purposes
of this section--
``(1) Qualified infectious disease research expenses.--
Except as otherwise provided in this subsection, the term
`qualified infectious disease research expenses' means the
amounts which are paid or incurred by the taxpayer during the
taxable year with respect to any research and development of
any qualified infectious disease product which would be
described in subsection (b) of section 41 if such subsection
were applied with the modifications set forth in paragraph (2).
``(2) Modifications; increased incentive for contract
research payments.--For purposes of paragraph (1), subsection
(b) of section 41 shall be applied--
``(A) by substituting `qualified infectious disease
research' for `qualified research' each place it
appears in paragraphs (2) and (3) of such subsection,
and
``(B) by substituting `100 percent' for `65
percent' in paragraph (3)(A) of such subsection.
``(3) Exclusion for amounts funded by grants, etc.--The
term `qualified infectious disease research expenses' shall not
include any amount to the extent such amount is funded by any
grant, contract, or otherwise by another person (or any
governmental entity).
``(4) Qualified infectious disease research.--The term
`qualified infectious disease research' means qualified
research (as defined in section 41(d)) which relates to the
development of a qualified infectious disease product, except
that qualified infectious disease research shall include
expenses related to re-formulating existing qualified
infectious disease products.
``(5) Qualified infectious disease product.--
``(A) In general.--The term `qualified infectious
disease product' means any antibiotic drug, antiviral,
diagnostic test, biological product, or vaccine that is
developed for the purpose of treating, detecting,
preventing, or identifying a qualifying pathogen.
``(B) Qualifying antibiotic drug and antiviral
formulations.--To qualify as a qualified infectious
disease product under subparagraph (A), any antibiotic
drug or antiviral shall be in a formulation for which
the Secretary of Health and Human Services, after
consulting with infectious diseases clinicians and
appropriate professional associations, has determined
there is a significant medical need.
``(6) Other definitions.--
``(A) Antibiotic drug.--The term `antibiotic drug'
has the meaning given to that term in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
``(B) Antiviral.--The term `antiviral' means a drug
or biological product intended for human use that
impedes the reproduction of a virus.
``(C) Biological product.--The term `biological
product' has the meaning given to that term in section
351 of the Public Health Service Act (42 U.S.C. 262).
``(D) Device.--The term `device' has the meaning
given to that term in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
``(E) Diagnostic test.--The term `diagnostic test'
means a device or product used to detect the presence,
concentration, or characteristics of an infectious
human disease.
``(F) Drug.--The term `drug' has the meaning given
to that term in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
``(G) Qualifying pathogen.--The term `qualifying
pathogen' means--
``(i) methicillin-resistant staphylococcus
aureus,
``(ii) life-threatening gram negative
bacteria, such as Escherichia coli (E. coli),
Acinetobacter, Klebsiella species, and
Pseudomonas aeruginosa,
``(iii) extensively drug resistant
tuberculosis (XDR-TB), or
``(iv) any other infectious pathogen
identified for purposes of this section by the
Secretary of Health and Human Services, in
concurrence with infectious disease clinicians
and appropriate professional associations, as a
significant threat to public health because of
drug resistance or other factors (or likely to
become such a threat).
``(H) Vaccine.--The term `vaccine' means a vaccine
intended for human use.
``(c) Coordination With Credit for Increasing Research
Expenditures.--
``(1) In general.--Except as provided in paragraph (2), any
qualified infectious disease research expenses for a taxable
year to which an election under this section applies shall not
be taken into account for purposes of determining the credit
allowable under section 41 for such taxable year.
``(2) Expenses included in determining base period research
expenses.--Any qualified infectious disease research expenses
for any taxable year which are qualified research expenses
(within the meaning of section 41(b)) shall be taken into
account in determining base period research expenses for
purposes of applying section 41 to subsequent taxable years.
``(d) Special Rules.--
``(1) Certain rules made applicable.--Rules similar to the
rules of paragraphs (1) and (2) of section 41(f) shall apply
for purposes of this section.
``(2) Coordination with credit for clinical testing
expenses for certain drugs for rare diseases.--Any qualified
infectious disease research expenses for a taxable year to
which an election under this section applies shall not be taken
into account for purposes of determining the credit allowable
under section 45C for such taxable year.
``(3) Election.--This section shall apply to any taxpayer
for any taxable year only if such taxpayer elects (at such time
and in such manner as the Secretary may by regulations
prescribe) to have this section apply for such taxable year.
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2012.''.
(b) Inclusion in General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (30), by striking the period at the end of paragraph
(31) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(32) the infectious disease research credit determined
under section 45O.''.
(c) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following new
subsection:
``(f) Credit for Qualified Infectious Disease Research Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified infectious disease research expenses
(as defined in section 45O(b)) otherwise allowable as a
deduction for the taxable year which is equal to the amount of
the credit determined for such taxable year under section
45O(a).
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2), (3), and (4) of subsection (c) shall apply
for purposes of this subsection.''.
(d) Deduction for Unused Portion of Credit.--Section 196(c) of the
Internal Revenue Code of 1986 (defining qualified business credits) is
amended by striking ``and'' at the end of paragraph (12), by striking
the period at the end of paragraph (13) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(14) the infectious disease research credit determined
under section 45O(a) (other than such credit determined under
the rules of section 280C(e)(2)).''.
(e) Technical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45O. Credit for medical research related to developing qualified
infectious disease products.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Amends the Internal Revenue Code to allow a general business tax credit for 50% of expenses paid for research and development of any qualified infectious disease product. Defines "qualified infectious disease product" as any antibiotic drug, antiviral, diagnostic test, biological product, or vaccine developed to treat, detect, prevent, or identify certain pathogens. Terminates such credit after 2012. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit for medical research related to developing qualified infectious disease products."} | 2,015 | 79 | 0.581556 | 1.474749 | 0.396038 | 3.071429 | 25.171429 | 0.842857 |
SECTION 1. APPLICATION OF INDEMNIFICATION AUTHORITY.
(a) In General.--The discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) includes authority for the President to
provide under such law for the indemnification of a contractor or
subcontractor in connection with procurement of an anti-terrorism
technology or an anti-terrorism service from the contractor or
subcontractor for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(b) Exercise of Authority.--The authority to provide under Public
Law 85-804 for indemnification of contractors and subcontractors in
connection with procurements described in subsection (a) includes
authority for the President to provide for--
(1) indemnification for economic damages not fully covered
by private liability insurance within the scope of the losses
or damages of the indemnification coverage;
(2) negotiation for inclusion of an indemnification clause
in a contract prior to the commencement of the performance of
the contract;
(3) coverage of information technology used to prevent,
detect, identify, otherwise deter, or recover from acts of
terrorism; and
(4) applicability of the authority to procurements by the
United States Postal Service.
SEC. 2. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE AND LOCAL
GOVERNMENT CONTRACTORS.
(a) Authority.--Subject to the limitations of subsection (b), the
President may exercise the discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) so as to provide under such law for
indemnification of contractors and subcontractors in procurements by
States or units of local government of an anti-terrorism technology or
an anti-terrorism service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of terrorism.
(b) Limitations.--Any authority that is delegated by the President
under subsection (a) to the head of a Federal agency to provide for the
indemnification of contractors and subcontractors under Public Law 85-
804 (50 U.S.C. 1431 et seq.) for procurements by States or units of
local government may be exercised only--
(1) in the case of a procurement by a State or unit of
local government that--
(A) is made under a contract awarded pursuant to
section 3; and
(B) is approved, in writing, for the provision of
indemnification by the President or the official
designated by the President under section 3(a); and
(2) with respect to--
(A) amounts of losses or damages not fully covered
by private liability insurance and State or local
government-provided indemnification; and
(B) liabilities of a contractor or subcontractor
not arising out of willful misconduct or lack of good
faith on the part of the contractor or subcontractor,
respectively.
SEC. 3. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND ANTI-TERRORISM
SERVICES BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL
CONTRACTS.
(a) In General.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States to
establish, and the designated official shall establish, a
program under which States and units of local government may
procure through contracts entered into by the designated
official anti-terrorism technologies or anti-terrorism services
for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official may, but shall not be required to, award
contracts using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41 U.S.C.
259(b)(3)).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In carrying out
the program established under this section, the designated Federal
procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under this
program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local government under
contracts awarded by the designated official.
(c) Required Procedures.--The procedures required by subsection
(b)(2) shall implement the following requirements and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in
a procurement of anti-terrorism technologies or anti-
terrorism services through a contract entered into by
the designated Federal procurement official under this
section shall submit to that official in such form and
manner and at such times as such official prescribes,
the following:
(i) Request.--A request consisting of an
enumeration of the technologies or services,
respectively, that are desired by the State and
units of local government within the State.
(ii) Payment.--Advance payment for each
requested technology or service in an amount
determined by the designated official based on
estimated or actual costs of the technology or
service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal
procurement official may award and designate contracts
under which States and units of local government may
procure anti-terrorism technologies and anti-terrorism
services directly from the contractors. No
indemnification may be provided under Public Law 85-804
pursuant to an exercise of authority under section 2
for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or anti-
terrorism services from units of local government within the
State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall be
responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a procurement
made by or for a State or unit of local government under the procedures
established under this section, the designated Federal procurement
official shall require the State or unit of local government to
reimburse the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures required
by subsection (b) of this section shall be completed as soon as
practicable and no later than 210 days after the enactment of this Act.
SEC. 4. CONGRESSIONAL NOTIFICATION.
(a) In General.--The President shall ensure that an appropriate
officer of the United States submits to the appropriate committees of
Congress a written notification of each contract for a procurement
described in this Act for which indemnification is provided under
Public Law 85-804 within 30 days after the contract is entered into.
(b) Congressional Committees.--In this section, the term
``appropriate committees of Congress'' means the following:
(1) The Committee on Appropriations, Committee of Armed
Services, and Committee on Governmental Affairs of the Senate.
(2) The Committee on Appropriations, Committee of Armed
Services, and Committee on Government Reform of the House of
Representatives.
SEC. 5. DEFINITIONS.
In this Act:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other kind
of service (including a support service), respectively, that is
related to technology and is designed, developed, modified, or
procured for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(2) Act of terrorism.--The term ``act of terrorism'' means
a calculated attack or threat of attack against any person,
property, or infrastructure to inculcate fear, or to intimidate
or coerce a government, the civilian population, or any segment
thereof, in the pursuit of political, religious, or ideological
objectives.
(3) Information technology.--The term ``information
technology'' has the meaning such term in section 11101(6) of
title 40, United States Code.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and any territory or possession
of the United States.
(5) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State; an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior; or
any agency of the District of Columbia Government or the United
States Government performing law enforcement functions in and
for the District of Columbia or the Trust Territory of the
Pacific Islands. | States that the discretionary authority of the President to provide indemnification for government contractors in the interest of national defense shall include the authority to indemnify a contractor or subcontractor in connection with the procurement of an anti-terrorism technology or service for preventing, detecting, identifying, deterring, or recovering from acts of terrorism. Authorizes the President, under such authority, to provide for: (1) indemnification for economic damages not fully covered by private liability insurance; and (2) the applicability of such authority to procurements by the U.S. Postal Service.Authorizes the President to indemnify State and local contractors in the procurement of an anti-terrorism technology or service, with limitations.Requires the President to designate an official to establish a program under which States and local governments may procure, through contracts entered into by such official, anti-terrorism technologies or services. Requires the designated official to produce and maintain a catalog of anti-terrorism technologies and services suitable for such procurement. Outlines required procedures for participating States and local governments.Directs the President to ensure that an appropriate officer of the United States notifies specified congressional committees of each procurement contract providing such indemnification. | {"src": "billsum_train", "title": "A bill to provide risk sharing and indemnification for government contractors supplying anti-terrorism technology and services, and for other purposes."} | 2,175 | 262 | 0.672333 | 2.027166 | 0.875089 | 3.630137 | 8.931507 | 0.926941 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Great Lakes Fish
and Wildlife Restoration Act of 2016''.
(b) References.--Except as otherwise expressly provided, wherever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Great Lakes Fish and
Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.).
SEC. 2. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION ACT
OF 1990.
(a) Findings.--The Act is amended by striking section 1002 and
inserting the following:
``SEC. 1002. FINDINGS.
``Congress finds that--
``(1) the Great Lakes have fish and wildlife communities
that are structurally and functionally changing;
``(2) successful fish and wildlife management focuses on
the lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
``(3) it is in the national interest to undertake
activities in the Great Lakes Basin that support sustainable
fish and wildlife resources of common concern provided under
the Great Lakes Restoration Initiative Action Plan based on the
recommendations of the Great Lakes Regional Collaboration
authorized under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task Force);
``(4) additional actions and better coordination are needed
to protect and effectively manage the fish and wildlife
resources, and the habitats on which the resources depend, in
the Great Lakes Basin;
``(5) as of the date of enactment of this Act, actions are
not funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats on which the resources depend, in the Great Lakes
Basin; and
``(6) this Act allows Federal agencies, States, and Indian
tribes to work in an effective partnership by providing the
funding for restoration work.''.
(b) Identification, Review, and Implementation of Proposals and
Regional Projects.--
(1) Requirements for proposals and regional projects.--
Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the
Great Lakes Restoration Initiative; and
``(viii) each applicable State wildlife
action plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C.
941c(c)(2)(C)) is amended by striking ``Great Lakes Coordinator
of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is
amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraphs (2) and (4), not less than 25
percent of the cost of implementing a
proposal'' and inserting the following:
``(A) Non-federal share.--Except as provided in
paragraphs (3) and (5) and subject to paragraph (2),
not less than 25 percent of the cost of implementing a
proposal or regional project''; and
(ii) by adding at the end the following:
``(B) Time period for providing match.--The non-
Federal share of the cost of implementing a proposal or
regional project required under subparagraph (A) may be
provided at any time during the 2-year period preceding
January 1 of the year in which the Director receives
the application for the proposal or regional
project.'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the
non-Federal share under paragraph (1) by taking into
account--
``(i) the appraised value of land or a
conservation easement as described in
subparagraph (B); or
``(ii) as described in subparagraph (C),
the costs associated with--
``(I) land acquisition or securing
a conservation easement; and
``(II) restoration or enhancement
of that land or conservation easement.
``(B) Appraisal of land or conservation easement.--
``(i) In general.--The value of land or a
conservation easement may be used to satisfy
the non-Federal share of the cost of
implementing a proposal or regional project
required under paragraph (1)(A) if the Director
determines that the land or conservation
easement--
``(I) meets the requirements of
subsection (b)(2);
``(II) is acquired before the end
of the grant period of the proposal or
regional project;
``(III) is held in perpetuity for
the conservation purposes of the
programs of the United States Fish and
Wildlife Service related to the Great
Lakes Basin, as described in section
1006, by an accredited land trust or
conservancy or a Federal, State, or
tribal agency;
``(IV) is connected either
physically or through a conservation
planning process to the proposal or
regional project; and
``(V) is appraised in accordance
with clause (ii).
``(ii) Appraisal.--With respect to the
appraisal of land or a conservation easement
described in clause (i)--
``(I) the appraisal valuation date
shall be not later than 1 year after
the price of the land or conservation
easement was set under a contract; and
``(II) the appraisal shall--
``(aa) conform to the
Uniform Standards of
Professional Appraisal Practice
(USPAP); and
``(bb) be completed by a
Federal- or State-certified
appraiser.
``(C) Costs of land acquisition or securing
conservation easement.--
``(i) In general.--All costs associated
with land acquisition or securing a
conservation easement and restoration or
enhancement of that land or conservation
easement may be used to satisfy the non-Federal
share of the cost of implementing a proposal or
regional project required under paragraph
(1)(A) if the activities and expenses
associated with the land acquisition or
securing the conservation easement and
restoration or enhancement of that land or
conservation easement meet the requirements of
subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in
clause (i) may include cash, in-kind
contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to
in clause (i) may not be costs associated with
mitigation or litigation (other than costs
associated with the Natural Resource Damage
Assessment program).''.
(c) Establishment of Offices.--Section 1007 (16 U.S.C. 941e) is
amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Fishery Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Fishery Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(d) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2007 through 2012'' and inserting ``2016
through 2020''; and
(B) in paragraph (5), by inserting ``the Great
Lakes Restoration Initiative Action Plan based on''
after ``in support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings and
Recommendations.--The Director--
``(1) shall continue to monitor the status, and the
assessment, management, and restoration needs, of the fish and
wildlife resources of the Great Lakes Basin; and
``(2) may reassess and update, as necessary, the findings
and recommendations of the Report.''.
(e) Authorization of Appropriations.--Section 1009 (16 U.S.C. 941g)
is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``$14,000,000'' and inserting ``$6,000,000'';
(B) in subparagraph (A), by striking ``$4,600,000''
and inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000''
and inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and
all that follows through ``section 1007'' and inserting ``the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and
Wildlife Conservation Office under section 1007''.
(f) Conforming Amendment.--Section 8 of the Great Lakes Fish and
Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109-
326) is repealed. | Great Lakes Fish and Wildlife Restoration Act of 2016 This bill reauthorizes for FY2016-FY2021 the Great Lakes Fish and Wildlife Restoration Act of 1990 and revises requirements for: (1) funding requests to the U.S. Fish and Wildlife Service for proposals and regional projects that restore the fish and wildlife resources and habitat of the Great Lakes Basin, and (2) cost-share requirements for the proposals and projects. The bill renames: (1) the Lower Great Lakes Fishery Resources Office as the Lower Great Lakes Fish and Wildlife Conservation Office, and (2) the Upper Great Lakes Fishery Resources Office as the Upper Great Lakes Fish and Wildlife Conservation Office. | {"src": "billsum_train", "title": "Great Lakes Fish and Wildlife Restoration Act of 2016"} | 2,332 | 143 | 0.630849 | 1.651604 | 0.695333 | 3.201613 | 16.919355 | 0.895161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Immigrants Facing
Persecution in Their Native Country 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.--
``(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) is a Haitian--
``(aa) who filed an
application for asylum with the
Immigration and Naturalization
Service before October 15,
1994, and the Immigration and
Naturalization Service had not
granted, denied, or referred
that application as of April 1,
1997; or
``(bb) who was paroled into
the United States prior to
October 15, 1994, to file an
application for asylum;
``(II) 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
``(III) 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. | Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens. | {"src": "billsum_train", "title": "Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997"} | 1,515 | 55 | 0.48952 | 1.173673 | 1.157923 | 3.7 | 37.725 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Gallatin Range Consolidation
and Protection Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the lands north of Yellowstone National Park possess
outstanding natural characteristics and wildlife habitats that give
the lands high value as lands added to the National Forest System;
and
(2) it is in the interest of the United States for the
Secretary, acting through the Forest Service, to enter into an
option agreement with Big Sky Lumber Company and Louisiana Pacific
Corporation to fulfill the purposes of this Act.
SEC. 3. BIG SKY LUMBER LAND EXCHANGE--GALLATIN AREA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture (referred to in this Act as the ``Secretary'',
unless the context otherwise requires) shall acquire by exchange certain
lands and interests in lands of the Big Sky Lumber Company (referred to
in this Act as the ``Company''), in and adjacent to the Hyalite-
Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness
Area, and other lands in the Gallatin National Forest in accordance with
this section.
(b) Description of Lands.--
(1) Offer and acceptance of land.--If the Company offers to the
United States acceptable fee title, including mineral interests, to
approximately 37,752 acres of land owned by the Company and
available for exchange, as depicted on two maps entitled ``Proposed
BSL Land Acquisitions'', East Half and West Half Gallatin National
Forest, dated February 1993 the Secretary shall accept a warranty
deed to the land.
(2) Exchange.--In exchange for the lands described in paragraph
(1) and subject to valid existing rights, the Secretary of the
Interior shall convey, by patent, the fee title to approximately
16,278 acres of National Forest System lands available for exchange
as depicted on the maps referred to in paragraph (1), and the five
maps entitled ``H.R. 873, the Gallatin Range Consolidation and
Protection Act of 1993'', Lolo and Flathead National Forest, subject
to--
(A) the reservation of ditches and canals required by the
first section of the Act entitled ``An Act making appropriations
for sundry civil expenses of the Government for the fiscal year
ending June thirtieth, eighteen hundred and ninety-one, and for
other purposes'', approved August 30, 1890 (26 Stat. 371,
chapter 837; 43 U.S.C. 945);
(B) the reservation of rights under Federal Oil and Gas
Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736,
and 38684; and
(C) such other terms, conditions, reservations, and
exceptions as may be agreed upon by the Secretary and the
Company.
(3) Termination of leases.--
(A) Vesting of rights and interests.--Upon termination or
relinquishment of the leases referred to in paragraph (2)(B),
all the rights and interests in such leases reserved under
paragraph (2)(B) shall immediately vest in the Company and its
successors and assigns.
(B) Notice.--The Secretary shall provide notice of the
termination or relinquishment of the leases referred to in
paragraph (2)(B) by a document suitable for recording in the
county in which the leased lands are located.
(c) Easements.--
(1) In general.--Reciprocal easements in accordance with this
subsection shall be conveyed at the time of the exchange authorized
by this section.
(2) Conveyance by the secretary.--The Secretary shall, in
consideration of the easements conveyed by the Company under
paragraph (3), and under the authority of section 2 of Public Law
88-257 (commonly known as the ``National Forest Roads and Trails
Act'') (16 U.S.C. 533), or the Federal Lands Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), execute and deliver to the
Company such easements or other rights-of-way over federally owned
lands as may be agreed to by the Secretary and the Company.
(3) Conveyance by the company.--The Company shall, in
consideration of the easements conveyed by the Secretary under
paragraph (2), execute and deliver to the United States such
easements or other rights-of-way across Company-owned lands included
in this exchange as may be agreed to by the Secretary and the
Company.
(d) North Bridger Range.--
(1) Covenants and other restrictions.--As a condition of the
exchange, with respect to such lands depicted on the map entitled
``North Bridger Range'', dated May 1993, the Company shall agree
that--
(A) the holders, or their successors or assigns, of grazing
leases on such lands on the date of enactment of this Act shall
be permitted to continue to use such lands for grazing under
terms acceptable to the Company and the permittees for so long
as the Company owns such lands and for two years after the
Company has sold or disposed of such lands; and
(B) the timber harvest practices used on such lands shall be
conducted in accordance with Montana Forestry Best Management
Practices, the Montana Streamside Zone Management Law (Mont.
Code Ann. sec. 77-5-301 et seq.), and all other applicable laws
of the State of Montana.
(2) Future acquisition.--The Secretary shall consider the
desirability of possible acquisition, through exchange under
existing law, of any of the lands described in paragraph (1), and
shall, not later than one year after the date of enactment of this
Act, report to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives concerning the desirability of an exchange.
(e) Timing of Transaction.--
(1) Determination.--The Secretary shall review the title for the
non-Federal lands described in subsection (b), and the appraisal and
titles for the non-Federal lands described in sections 4 and 5, and,
within sixty days after receipt of all applicable appraisal and
title documents from the Company, determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied or the quality of title is
otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents have been
received and approved;
(C) a current title commitment verifying compliance with
applicable title standards has been issued to the Secretary;
(D) the appraisals comply with applicable Forest Service
standards; and
(E) except as provided in section (8)(b), the title includes
both the surface and subsurface estates without reservation or
exception (except by the United States or the State of Montana,
by patent), including--
(i) minerals or mineral rights;
(ii) timber or timber rights; and
(iii) any other interest in the property.
(2) Conveyance of title.--In the event the appraisal and/or
quality of title do not meet Federal standards or are otherwise
determined unacceptable to the Secretary, the Secretary shall advise
the Company regarding corrective actions necessary to make an
affirmative determination under paragraph (1). The Secretary, acting
through the Chief of the Forest Service, shall effect the conveyance
of lands described in subsection (b)(2) not later than sixty days
after the Secretary has made an affirmative determination under
paragraph (1).
(f) Compliance With Option.--Notwithstanding section (3)(e)(2), the
Secretary shall not consummate the conveyance of lands described in
subsection (b)(2) until the Secretary has determined that title to the
lands described in sections 4 and 5 have been escrowed as required by
the document entitled ``Option Agreement for the Exchange and/or
Purchase of Real Property Pursuant to the Gallatin Range Consolidation
and Protection Act of 1993'' (referred to in this Act as ``the
Option''), executed by the Company, as seller.
(g) References.--References in this Act to the Company shall include
references to the successors and assigns of the Company.
SEC. 4. LAND CONSOLIDATION--PORCUPINE AREA.
(a) Acquisition of Porcupine Property.--The Secretary is authorized
and directed to acquire, by purchase or exchange, lands and interests in
lands listed as ``Exhibit A, Porcupine Area'', in the Option, in
accordance with the terms and conditions of the Option for the fair
market value of such lands and interests, determined at the time of
acquisition, in accordance with the appraisal standards specified in the
Option.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the acquisition authorized by this section.
SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.
(a) Acquisition of Taylor Fork Property.--The Secretary is
authorized and directed to acquire, by purchase or exchange, lands and
interests in lands as listed as ``Exhibit A, Taylor Fork Area'', in the
Option, in accordance with the terms and conditions of the Option for
the fair market value of such lands and interests, determined at the
time of acquisition, in accordance with the appraisal standards
specified in the Option.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the pending acquisition authorized by this section.
SEC. 6. LAND CONSOLIDATION--GALLATIN ROADED AREA.
(a) Acquisition of Gallatin Roaded Property.--The Secretary is
authorized and directed to acquire, by purchase or exchange, lands and
interests in lands as listed as ``Exhibit A, Gallatin Roaded'', in the
Option, in accordance with the terms and conditions of the Option not
otherwise acquired, purchased, or exchanged under section 3, 4, or 5.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the acquisition authorized by this section.
SEC. 7. SEVERED MINERAL EXCHANGE.
(a) Findings.--Congress finds that--
(1) underlying certain areas in Montana described in subsection
(b) are mineral rights owned by subsidiaries of Burlington
Resources, Incorporated and its successors and assigns (referred to
in this Act as ``Burlington'');
(2) there are federally owned minerals underlying lands of
Burlington lying outside those areas;
(3) Burlington has agreed in principle with the Secretary to an
exchange of mineral rights to consolidate surface and subsurface
ownerships and to avoid potential conflicts with the surface
management of the areas; and
(4) it is desirable that an exchange of lands be completed not
later than two years after the date of enactment of this Act.
(b) Mineral Interests.--
(1) Acquisition.--Pursuant to an exchange agreement between the
Secretary and Burlington, the Secretary may acquire mineral
interests owned by Burlington or an affiliate of Burlington
underlying surface lands owned by the United States located in the
areas depicted on the maps entitled ``Severed Minerals Exchange,
Clearwater-Monture Area'', dated September 1988, and ``Severed
Mineral Exchanges, Gallatin Area'', dated September 1988, or in
fractional sections adjacent to the areas depicted on the maps.
(2) Exchange.--In exchange for the mineral interests conveyed to
the Secretary pursuant to paragraph (1), the Secretary of the
Interior shall convey, subject to valid existing rights, such
federally owned mineral interests as the Secretary and Burlington
may agree upon.
(c) Equal Value.--
(1) In general.--The value of the mineral interests exchanged
under subsection (b) shall be approximately equal in value based
upon available information.
(2) Appraisal.--To ensure that the wilderness or other natural
values of the area are not affected by the exchange, a formal
appraisal based upon drilling or other surface disturbing activities
shall not be required for any mineral interest proposed for
exchange, except that the Secretary and Burlington shall fully share
all available information on the quality and quantity of mineral
interests proposed for exchange.
(3) Inadequate information.--In the absence of adequate
information regarding values of minerals proposed for exchange, the
Secretary and Burlington may agree to an exchange on the basis of
mineral interests of similar development potential, geologic
character, and similar factors.
(d) Identification of Federally Owned Mineral Interests.--
(1) In general.--Subject to paragraph (2), mineral interests
conveyed by the United States pursuant to this section shall
underlie lands the surface of which are owned by Burlington.
(2) Other interests.--If there are not sufficient federally
owned mineral interests of approximately equal value underlying
lands owned by Burlington, the Secretary and the Secretary of the
Interior may identify for exchange other federally owned mineral
interests in lands in the State of Montana of which the surface
estate is in private ownership.
(e) Consultation With the Department of the Interior.--
(1) In general.--The Secretary shall consult with the Secretary
of the Interior in the negotiation of the exchange agreement
authorized by subsection (b), particularly with respect to the
inclusion in the agreement of a provision authorizing the exchange
of federally owned mineral interests lying outside the boundaries of
units of the National Forest System.
(2) Conveyance.--Notwithstanding any other law, the Secretary of
the Interior shall convey the federally owned mineral interests
identified in a final exchange agreement between the Secretary of
Agriculture and Burlington and affiliates of Burlington.
(f) Mineral Interest Defined.--For purposes of this section, the
term ``mineral interests'' includes all locatable and leasable minerals,
including oil and gas, geothermal resources, and other subsurface
rights.
SEC. 8. GENERAL PROVISIONS.
(a) Maps.--The maps referred to in sections 3, 4, 5, 6, and 7 are
subject to such minor corrections as may be agreed upon by the Secretary
and the Company. The Secretary shall notify the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives of any
corrections made pursuant to the subsection. The maps shall be on file
and available for public inspection in the office of Chief, Forest
Service, USDA.
(b) Title of Lands Conveyed to the United States.--
(1) Quality of title and rights.--Subject to paragraph (2), the
rights, title, and interests to lands conveyed to the United States
under sections 4, 5, and 6 shall, at a minimum, consist of the
surface estate and the subsurface rights owned by the Company or
Burlington where applicable.
(2) Exception.--The Secretary may accept title subject to
outstanding or reserved oil and gas and geothermal rights, except
that there shall be no surface occupancy permitted on the lands
acquired by the United States under sections 4, 5, and 6 for access
to reserved or outstanding rights or exploration or development of
such lands.
(3) Access.--No portion of lands acquired by the United States
under this Act shall be available for access to, or exploration or
development of, any reserved or outstanding oil, gas, geothermal, or
other non-Federal property interest.
(c) National Forest Lands.--
(1) In general.--All lands conveyed to the United States under
this Act shall be added to and administered as part of the Gallatin
National Forest of the National Forest System by the Secretary in
accordance with the laws and regulations pertaining to the National
Forest System.
(2) Hyalite-porcupine-buffalo horn wilderness study area.--Lands
acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study
Area shall be managed to maintain their presently existing
wilderness character and potential for inclusion in the National
Wilderness Preservation System in accordance with the Montana
Wilderness Study Act of 1977 (16 U.S.C. 1132 note).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Gallatin Range Consolidation and Protection Act of 1993 - Directs the Secretary of Agriculture to acquire: (1) by exchange from the Big Sky Lumber Company, specified lands and interests north of Yellowstone National Park, including land in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest; and (2) by purchase or exchange from the Company, lands and interests in the Porcupine Area, the Taylor Fork Area, and the Gallatin Area. Requires the Secretary of the Interior to convey National Forest System lands as part of such exchange. Sets forth conditions for such exchange with respect to leases and easements. Provides for the continuation of grazing on the North Bridger Range lands and requires timber harvest practices on such lands to be in accordance with the laws of the State of Montana. Authorizes the Secretary of Agriculture, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Clearwater-Monture Area and the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior in the negotiation of such exchange. Requires all lands conveyed to the United States under this Act to be added to and administered as part of the Gallatin National Forest. Authorizes appropriations. | {"src": "billsum_train", "title": "Gallatin Range Consolidation and Protection Act of 1993"} | 3,694 | 349 | 0.668151 | 2.210181 | 0.837001 | 3.646209 | 11.848375 | 0.953069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Transaction
Facilitation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Bureau of Land Management has authority under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) to sell land identified for disposal under its land
use planning;
(2) the Bureau of Land Management has authority under that
Act to exchange Federal land for non-Federal land if the
exchange would be in the public interest;
(3) through land use planning under that Act, the Bureau of
Land Management has identified certain tracts of public land
for disposal;
(4) the Federal land management agencies of the Departments
of the Interior and Agriculture have authority under existing
law to acquire land consistent with the mission of each agency;
(5) the sale or exchange of land identified for disposal
and the acquisition of certain non-Federal land from willing
landowners would--
(A) allow for the reconfiguration of land ownership
patterns to better facilitate resource management;
(B) contribute to administrative efficiency within
Federal land management units; and
(C) allow for increased effectiveness of the
allocation of fiscal and human resources within the
Federal land management agencies;
(6) a more expeditious process for disposal and acquisition
of land, established to facilitate a more effective
configuration of land ownership patterns, would benefit the
public interest;
(7) many private individuals own land within the boundaries
of Federal land management units and desire to sell the land to
the Federal Government;
(8) such land lies within national parks, national
monuments, national wildlife refuges, national forests, and
other areas designated for special management;
(9) Federal land management agencies are facing increased
workloads from rapidly growing public demand for the use of
public land, making it difficult for Federal managers to
address problems created by the existence of inholdings in many
areas;
(10) in many cases, inholders and the Federal Government
would mutually benefit from Federal acquisition of the land on
a priority basis;
(11) proceeds generated from the disposal of public land
may be properly dedicated to the acquisition of inholdings and
other land that will improve the resource management ability of
the Federal land management agencies and adjoining landowners;
(12) using proceeds generated from the disposal of public
land to purchase inholdings and other such land from willing
sellers would enhance the ability of the Federal land
management agencies to--
(A) work cooperatively with private landowners and
State and local governments; and
(B) promote consolidation of the ownership of
public and private land in a manner that would allow
for better overall resource management;
(13) in certain locations, the sale of public land that has
been identified for disposal is the best way for the public to
receive fair market value for the land; and
(14) to allow for the least disruption of existing land and
resource management programs, the Bureau of Land Management may
use non-Federal entities to prepare appraisal documents for
agency review and approval consistent with applicable
provisions of the Uniform Standards for Federal Land
Acquisition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, historic, cultural,
or recreational value that has been documented by a Federal,
State, or local governmental authority, and for which
extraordinary conservation and protection is required to
maintain the resource for the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)) that on the date of enactment of this Act was within the
boundary of--
(A) a national monument, area of critical
environmental concern, national conservation area,
national riparian conservation area, national
recreation area, national scenic area, national
volcanic area, research natural area, national
outstanding natural area, or a national natural
landmark managed by the Bureau of Land Management or
under the National Forest System;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
or
(D) a wilderness area designated under the
Wilderness Act (16 U.S.C. 1131 et seq.), the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.), or the
National Trails System Act (16 U.S.C. 1241 et seq.), or areas of the
National Forest System designated for special management by an Act of
Congress,
(3) Inholding.--The term ``inholding'' means any right,
title, or interest, held by a non-Federal entity, in or to a
tract of land that lies within the boundary of a federally
designated area.
(4) Public land.--The term ``public land'' means public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. IDENTIFICATION OF INHOLDINGS.
(a) In General.--The Secretary and the Secretary of Agriculture
shall establish a procedure to--
(1) identify, by State, inholdings for which the landowner
has indicated a desire to sell the land or an interest in land
to the Federal Government; and
(2) establish the date on which the land or interest in
land identified became an inholding.
(b) Notice of Policy.--The Secretary and the Secretary of
Agriculture shall provide, in the Federal Register and through such
other means as the Secretaries may determine to be appropriate,
periodic notice to the public of the policy under subsection (a),
including any information required to consider an inholding for
acquisition under section 6.
(c) Identification.--An inholding--
(1) shall be considered for identification under this
section only if the Secretary or the Secretary of Agriculture
receive notification of a desire to sell from the landowner in
response to public notice given under subsection (b); and
(2) shall be deemed to have been established as of the
later of--
(A) the earlier of--
(i) the date on which the land was
withdrawn from the public domain; or
(ii) the date on which the land was
established or designated for special
management; or
(B) the date on which the inholding was acquired by
the current owner.
(d) No Obligation To Convey or Acquire.--The identification of an
inholding under this section creates no obligation on the part of a
landowner to convey the inholding or any obligation on the part of the
United States to acquire the inholding.
SEC. 5. DISPOSAL OF PUBLIC LAND.
(a) In General.--The Secretary shall establish a program, using
funds made available under section 6, to complete appraisals and
satisfy other legal requirements for the sale or exchange of public
land identified for disposal under approved land use plans (as in
effect on the date of enactment of this Act) under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so identified
shall be conducted in accordance with sections 203 and 209 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713, 1719).
(2) Exceptions to competitive bidding requirements.--The
exceptions to competitive bidding requirements under section
203(f) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713(f)) shall apply to this section in cases in
which the Secretary determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall provide
in the annual publication of Public Land Statistics, a report of
activities under this section.
(d) Termination of Authority.--The authority provided under this
section shall terminate 10 years after the date of enactment of this
Act.
SEC. 6. FEDERAL LAND DISPOSAL ACCOUNT.
(a) Deposit of Proceeds.--Notwithstanding any other law (except a
law that specifically provides for a proportion of the proceeds to be
distributed to any trust funds of any States), the gross proceeds of
the sale or exchange of public land under this Act shall be deposited
in a separate account in the Treasury of the United States to be known
as the ``Federal Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal Account
shall be available to the Secretary and the Secretary of Agriculture,
without further Act of appropriation, to carry out this Act.
(c) Use of the Federal Land Disposal Account.--
(1) In general.--Funds in the Federal Land Disposal Account
shall be expended in accordance with this subsection.
(2) Fund allocation.--
(A) Purchase of land.--Except as authorized under
subparagraph (C), funds shall be used to purchase--
(i) inholdings; and
(ii) land that is adjacent to federally
designated areas and contains exceptional
resources.
(B) Inholdings.--Not less than 80 percent of the
funds allocated for the purchase of land within each
State shall be used to acquire inholdings identified
under section 4.
(C) Administrative and other expenses.--An amount
not to exceed 20 percent of the funds in the Federal
Land Disposal Account shall be used by the Secretary
for administrative and other expenses necessary to
carry out the land disposal program under section 5.
(D) Same state purchases.--Of the amounts not used
under subparagraph (C), not less than 80 percent shall
be expended within the State in which the funds were
generated. Any remaining funds may be expended in any
other State.
(3) Priority.--The Secretary and the Secretary of
Agriculture may each develop and use criteria for priority of
acquisition that are based on--
(A) the date on which land or interest in land
became an inholding;
(B) the existence of exceptional resources on the
land; and
(C) management efficiency.
(4) Basis of sale.--Any acquisition of land under this
section shall be--
(A) from a willing seller;
(B) contingent on the conveyance of title
acceptable to the Secretary, or the Secretary of
Agriculture in the case of an acquisition of National
Forest System land, using title standards of the
Attorney General; and
(C) at a price not to exceed fair market value
consistent with applicable provisions of the Uniform
Appraisal Standards for Federal Land Acquisitions.
(d) Contaminated Sites and Sites Difficult and Uneconomic To
Manage.--Funds in the Federal Land Disposal Account shall not be used
to purchase land or an interest in land that, as determined by the
Secretary or the Secretary of Agriculture--
(1) contains a hazardous substance or is otherwise
contaminated; or
(2) because of the location or other characteristics of the
land, would be difficult or uneconomic to manage as Federal
land.
(e) Land and Water Conservation Fund Act.--Funds made available
under this section shall be supplemental to any funds appropriated
under the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et
seq.).
(f) Termination.--On termination of activities under section 5--
(1) the Federal Land Disposal Account shall be terminated;
and
(2) any remaining balance in the account shall become
available for appropriation under section 3 of the Land and
Water Conservation Fund Act (16 U.S.C. 460l-6).
SEC. 7. SPECIAL PROVISIONS.
(a) In General.--Nothing in this Act provides an exemption from any
limitation on the acquisition of land or interest in land under any
Federal Law in effect on the date of enactment of this Act.
(b) Other Law.--This Act shall not apply to land eligible for sale
under--
(1) Public Law 96-568 (commonly known as the ``Santini-
Burton Act'') (94 Stat. 3381); or
(2) the Southern Nevada Public Land Management Act of 1998
(112 Stat. 2343).
(c) Exchanges.--Nothing in this Act precludes, preempts, or limits
the authority to exchange land under authorities providing for the
exchange of Federal lands, including but not limited to--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of 1988 (102
Stat. 1086) or the amendments made by that Act.
(d) No New Right or Benefit.--Nothing in this Act creates a right
or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its agencies, its officers, or
any other person. | Directs the Secretary to establish a program, using funds from a Federal Land Disposal Account of the Treasury established by this Act, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans. Sets forth reporting and program termination requirements. Requires that gross proceeds generated by the sale or exchange of public land under this Act be deposited in the Federal Land Disposal Account. Sets forth provisions regarding use of the Account, contaminated sites and sites difficult and uneconomic to manage, and program termination. | {"src": "billsum_train", "title": "Federal Land Transaction Facilitation Act"} | 2,838 | 122 | 0.488659 | 1.443579 | 0.540511 | 4.866667 | 25.019048 | 0.92381 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Pursuant to the invitation and requirements contained
in the 15th paragraph under the heading ``Surveying the Public
Lands'' in the Act of June 4, 1897 (30 Stat. 11, 36), as
amended or supplemented by the Acts of June 6, 1900 (31 Stat.
588, 614), March 4, 1901 (31 Stat. 1010, 1037), and September
22, 1922 (42 Stat. 1067), certain landowners or entrymen within
forest reserves acted to transfer their lands to the United
States as the basis for an in lieu selection of other Federal
lands (hereafter in this Act referred to as ``lieu lands'') in
exchange for such lands within such reserves (hereafter in this
Act referred to as ``base lands'').
(2) By the Act of March 3, 1905 (33 Stat. 1264), Congress
repealed the in lieu selection provisions of the Act of June 4,
1897, as amended, and terminated the right to select lieu
lands, but expressly preserved the rights of land owners who
had valid pending applications for in lieu selections, most of
which have subsequently been granted.
(3) Other persons affected by the Acts cited in paragraphs
(1) and (2) who acted to transfer base lands, or their
successors in interest, have never obtained either (A) a patent
to the lieu lands or any other consideration for their
relinquishment, or (B) a quitclaim of their base lands,
notwithstanding relief legislation enacted in 1922 and 1930.
(4) By the Act of July 6, 1960 (74 Stat. 334), Congress
established a procedure to compensate persons affected by the
Acts cited in paragraphs (1) and (2) who had not received
appropriate relief under prior legislation. However, no
payments of such compensation were made under that Act.
(5) Section 4 of the Act of July 6, 1960, further provided
that lands with respect to which compensation under that Act
were or could have been made, and not previously disposed of by
the United States, shall be a part of any national forest,
national park, or other area withdrawn from the public domain
wherein they are located.
(6) Absent further legislation, lengthy and expensive
litigation will be required to resolve existing questions about
the title to lands covered by section 4 of the 1960 Act.
(b) Purpose.--The purpose of this Act is to resolve the status of
the title to base lands affected by the past legislation cited in
subsection (a).
SEC. 2. IDENTIFICATION AND QUITCLAIM OF FEDERAL INTEREST IN BASE LANDS.
(a) Quitclaim.--Except as otherwise provided by this Act, and
subject to valid existing rights, but notwithstanding any other
provision of law, the United States hereby quitclaims to the listed
owner or entryman, his heirs, devisees, successors, and assigns, all
right, title, and interest of the United States in and to the base
lands described on a final list published pursuant to subsection
(d)(1), effective on the date of publication of such list.
(b) Preparation of Initial Lists.--(1) Not later than 6 months
after the date of enactment of this Act, the Secretary of the Interior,
with respect to lands under such Secretary's jurisdiction, and the
Secretary of Agriculture with respect to National Forest System lands,
shall each prepare an initial list of all parcels of base lands that
were relinquished to the United States pursuant to the Act of June 4,
1897 (as amended), and for which selection or other rights under that
Act or supplemental legislation were not realized or exercised.
(2) The initial lists prepared under paragraph (1) shall be based
on information in the actual possession of the Secretaries of the
Interior and Agriculture on the date of enactment of this Act,
including information submitted to Congress pursuant to the directive
contained in Senate Report No. 98-578, issued for the Fiscal Year 1985
Interior and Related Agencies Appropriation, as revised and updated.
The initial lists shall be published and distributed for public review
in accordance with procedures adopted by the Secretary concerned.
(3) For a period of 180 days after publication of a list pursuant
to paragraph (2), persons asserting that particular parcels omitted
from such a list should have been included may request the Secretary
concerned to add such parcels to the appropriate list. The Secretary
concerned shall add to the list any such parcels which the Secretary
determines meet the conditions specified in paragraph (1).
(c) Nationally Significant Lands.--(1) During preparation or
revision of an initial list under subsection (b), the Secretary
concerned shall identify those listed lands which are located wholly or
partially within any conservation system unit and all other listed
lands which Congress has designated for specific management or which
the Secretary concerned decides, in the concerned Secretary's sole
discretion, should be retained in order to meet public, resource
protection, or administrative needs. For purposes of this paragraph,
the term ``conservation system unit'' means any unit of the National
Park System, National Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, or National Wilderness
Preservation System, a national forest monument, or a national
conservation area, a national recreation area, or any lands being
studied for possible designation as part of such a system or unit.
(2) The provisions of subsection (a) shall not apply to any lands
identified by the Secretary concerned pursuant to paragraph (1). The
Secretary concerned shall not include any such lands on any list
prepared pursuant to subsection (d). Subject to valid existing rights
arising from factors other than those described in subsection (b)(1),
any right, title, and interest in and to lands identified pursuant to
paragraph (1) and not previously vested in the United States is hereby
vested and confirmed in the United States.
(3) In the same manner as the initial list was published and
distributed pursuant to subsection (b)(2), the Secretary concerned
shall publish and distribute an identification of all lands in which
right, title, and interest is vested and confirmed in the United States
by paragraph (2).
(d) Final Lists.--(1) As soon as possible after considering any
requests made pursuant to subsection (b)(3) and the identification of
lands pursuant to subsection (c), the Secretary of the Interior and the
Secretary of Agriculture shall each publish a final list, consisting of
lands included on each Secretary's initial list not identified pursuant
to subsection (c)(1). Unless a Secretary has published a final list on
or before the date -1-8 24 months after the date of publication,
pursuant to subsection (b)(2), of such Secretary's initial list, the
initial list prepared by such Secretary shall be deemed on such date to
be the final list required to be published by such Secretary, and
thereafter no lands included on such initial list shall be excluded
from operation of subsection -(-a-)-. (a) except lands located wholly
or partially within a conservation system unit or any other area which
Congress has designated for specific management.
(2) If after publication of a final list a court makes a final
decision that a parcel of land was arbitrarily and capriciously
excluded from -o-p-e-r-a-t-i-o-n -o-f -s-u-b-s-e-c-t-i-o-n -(-a-)-, an
initial list as provided by subsection 2(b), such parcel shall be
deemed to have been included on a final list published pursuant to
paragraph (1), unless such parcel is located wholly or partially inside
a conservation system unit or any other area which Congress has
designated for specific management, in which case such parcel shall be
subject to the provisions of subsection (c)(2).
(e) Issuance of Instruments.--(1) Except as otherwise provided in
this Act, no later than 6 months after the date on which the Secretary
concerned publishes a final list of lands pursuant to subsection (d),
the Secretary concerned shall issue -d-e-e-d-s documents of disclaimer
of interest confirming the quitclaim made by subsection (a) of this
section of all right, title, and interest of the United States in and
to the lands included on such final list, subject to valid existing
rights arising from factors other than a relinquishment to the United
States of the type described in subsection (b). Each such confirmatory
-d-e-e-d document of disclaimer of interest shall operate to estop the
United States from making any claim of right, title, or interest of the
United States in and to the base lands described in the -d-e-e-d
document of disclaimer of interest, shall be made in the name of the
listed owner or entryman, his heirs, devisees, successors, and assigns,
and shall be in a form suitable for recordation and shall be filed and
recorded by the United States with the recorder of deeds or other like
official of the county or counties within which the lands covered by
such confirmatory -d-e-e-d document of disclaimer of interest are
located so that the title to such lands may be determined in accordance
with applicable State law.
(2) The United States shall not adjudicate and, notwithstanding any
provision of law to the contrary, does not consent to be sued in any
suit instituted to adjudicate the ownership of, or to quiet title to,
any base land included in a final list and described in a confirmatory
-d-e-e-d document of disclaimer of interest .
(3) Neither the Secretary of the Interior nor the Secretary of
Agriculture shall be required to inspect any lands included on a final
list nor to inform any member of the public regarding the condition of
such lands prior to the issuance of the confirmatory -d-e-e-d-s
documents of disclaimer of interest required by this subsection, and
nothing in this Act shall be construed as affecting any valid rights
with respect to lands covered by a confirmatory -d-e-e-d document of
disclaimer of interest deed issued pursuant to this subsection that
were in existence on the date of issuance of such confirmatory -d-e-e-d
document of disclaimer of interest.
(4) For purposes of this Act, the term ``document of disclaimer of
interest'' means a memorandum or other document, however styled or
described, that references the quitclaim made by subsection (a) of this
section and that meets the requirements for recordation established by
applicable laws of the State in which the lands to which such document
refers are located.
(f) Waiver of Certain Claims Against the United States.--Any person
or entity accepting the benefits of this Act or failing to act to seek
such benefits within the time allotted by this Act with respect to any
base or other lands shall be deemed to have waived any claims against
the United States, its agents or contractors, with respect to such
lands, or with respect to any revenues received by the United States
from such lands prior to the date of enactment of this Act. All non-
Federal, third party rights granted by the United States with respect
to base lands shall remain effective subject to the terms and
conditions of the authorizing document. The United States may reserve
any rights-of-way currently occupied or used for Government purposes.
SEC. 3. OTHER CLAIMS.
(a) Jurisdiction and Deadline.--(1) Subject to the requirements and
limitations of this section, a party claiming right, title, or interest
in or to land vested in the United States by section 2(c)(2) of this
Act may file in the United States Claims Court a claim against the
United States seeking compensation based on such vesting.
Notwithstanding any other provision of law, the Claims Court shall have
exclusive jurisdiction over such claim.
(2) A claim described in paragraph (1) shall be barred unless the
petition thereon is filed within 1 year after the date of publication
of a final list pursuant to section 2(d) of this Act.
(3) Nothing in this Act shall be construed as authorizing any claim
to be brought in any court other than a claim brought in the United
States Claims Court based upon the vesting of right, title, and
interest in and to the United States made by section 2(c)(2) of this
Act.
(b) Limitations, Defenses, and Awards.--(1) Nothing in this Act
shall be construed as diminishing any existing right, title, or
interest of the United States in any lands covered by section 2(c),
including but not limited to any such right, title, or interest
established by the Act of July 6, 1960 (74 Stat. 334).
(2) Nothing in this Act shall be construed as precluding or
limiting any defenses or claims (including but not limited to defenses
based on applicable statutes of limitations, affirmative defenses
relating to fraud or speculative practices, or claims by the United
States based on adverse possession) otherwise available to the United
States.
(3) Nothing in this Act shall be construed as entitling any party
to compensation from the United States. However, in the event of a
final judgment of the United States Claims Court in favor of a party
seeking such compensation, or in the event of a negotiated settlement
agreement made between such a party and the Attorney General of the
United States, the United States shall pay such compensation from the
permanent judgment appropriation established pursuant to section 1304
of title 31, United States Code.
(c) Savings Clause.--This Act does not include within its scope
selection rights required to be recorded under the Act of August 5,
1955 (69 Stat. 534), regardless of whether compensation authorized by
the Act of August 31, 1964 (78 Stat. 751) was or was not received.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Directs the Secretary of the Interior and the Secretary of Agriculture: (1) to prepare an initial list of base lands that were relinquished to the United States pursuant to the Act of June 4, 1897, and for which selection or other rights under that Act or supplemental legislation were not realized or exercised; (2) identify those listed lands which are located within any conservation system unit and all other listed lands which the Congress has designated for specific management or which the Secretary concerned decides should be retained to meet public, resource protection, or administrative needs (nationally significant lands); and (3) publish a final list of base lands excluding such nationally significant lands.
Vests in the United States title to those nationally significant lands for which title was not previously vested in the United States and provides for claims for compensation based on such vesting.
Ouitclaims the interest of the United States to the lands on the final list and requires the Secretary concerned to issue documents of disclaimer of interest confirming the quitclaims.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to resolve the status of certain lands relinquished to the United States under the Act of June 1897 (30 Stat. 11, 36), and for other purposes."} | 3,140 | 225 | 0.540933 | 1.647027 | 0.834917 | 5.120603 | 14.603015 | 0.949749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Small and Seasonal
Businesses Act of 2005''.
SEC. 2. NUMERICAL LIMITATIONS ON H-2B WORKERS.
(a) In General.--Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
``(9) An alien counted toward the numerical limitations of
paragraph (1)(B) during any one of the 3 fiscal years prior to the
submission of a petition for a nonimmigrant worker described in section
101(a)(15)(H)(ii)(b) may not be counted toward such limitation for the
fiscal year in which the petition is approved.''.
(b) Effective Date.--
(1) In general.--The amendment in subsection (a) shall take
effect as if enacted on October 1, 2004, and shall expire on
October 1, 2006.
(2) Implementation.--Not later than the date of enactment
of this Act, the Secretary of Homeland Security shall begin
accepting and processing petitions filed on behalf of aliens
described in section 101(a)(15)(H)(ii)(b), in a manner
consistent with this Act and the amendments made by this Act.
SEC. 3. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of
division J of the Consolidated Appropriations Act, 2005 (Public Law
108-447), is amended by adding at the end the following:
``(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1) for
nonimmigrant workers described in section 101(a)(15)(H)(ii)(b).
``(B) The amount of the fee imposed under subparagraph (A) shall be
$150.''.
(b) Use of Fees.--
(1) Fraud prevention and detection account.--Subsection (v)
of section 286 of the Immigration and Nationality Act (8 U.S.C.
1356), as added by section 426(b) of division J of the
Consolidated Appropriations Act, 2005 (Public Law 108-447), is
amended--
(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and
(2)(D) by striking ``H1-B and L'' each place it
appears;
(B) in paragraph (1), as amended by subparagraph
(A), by striking ``section 214(c)(12)'' and inserting
``paragraph (12) or (13) of section 214(c)'';
(C) in paragraphs (2)(A)(i) and (2)(B), as amended
by subparagraph (A), by striking ``(H)(i)'' each place
it appears and inserting ``(H)(i), (H)(ii), ''; and
(D) in paragraph (2)(D), as amended by subparagraph
(A), by inserting before the period at the end ``or for
programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A)
of section 214(c) to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(ii)''.
(2) Conforming amendment.--The heading of such subsection
286 is amended by striking ``H1-B and L''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 2005.
SEC. 4. SANCTIONS.
(a) In General.--Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)), as amended by section 3, is further amended by
adding at the end the following:
``(14)(A) If the Secretary of Homeland Security finds, after notice
and an opportunity for a hearing, a substantial failure to meet any of
the conditions of the petition to admit or otherwise provide status to
a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful
misrepresentation of a material fact in such petition--
``(i) the Secretary of Homeland Security may, in addition
to any other remedy authorized by law, impose such
administrative remedies (including civil monetary penalties in
an amount not to exceed $10,000 per violation) as the Secretary
of Homeland Security determines to be appropriate; and
``(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under section 204
or paragraph (1) of this subsection during a period of at least
1 year but not more than 5 years for aliens to be employed by
the employer.
``(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of Labor, any
of the authority given to the Secretary of Homeland Security under
subparagraph (A)(i).
``(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for willful
failures to meet any of the conditions of the petition that involve
harm to United States workers.
``(D) In this paragraph, the term `substantial failure' means the
willful failure to comply with the requirements of this section that
constitutes a significant deviation from the terms and conditions of a
petition.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2005.
SEC. 5. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)), as amended by section 2, is further amended by adding at the
end the following new paragraph:
``(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens who
enter the United States pursuant to a visa or other provision of
nonimmigrant status under section 101(a)(15)(H)(ii)(b) during the first
6 months of such fiscal year is not more than 33,000.''.
SEC. 6. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B
NONIMMIGRANTS.
Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law 105-277;
8 U.S.C. 1184 note) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following new subsection:
``(d) Provision of Information.--
``(1) Quarterly notification.--Beginning not later than
March 1, 2006, the Secretary of Homeland Security shall notify,
on a quarterly basis, the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of House of
Representatives of the number of aliens who during the
preceding 1-year period--
``(A) were issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)); or
``(B) had such a visa or such status expire or be
revoked or otherwise terminated.
``(2) Annual submission.--Beginning in fiscal year 2007,
the Secretary of Homeland Security shall submit, on an annual
basis, to the Committees on the Judiciary of the House of
Representatives and the Senate--
``(A) information on the countries of origin of,
occupations of, and compensation paid to aliens who
were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(ii)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during the previous fiscal year;
``(B) the number of aliens who had such a visa or
such status expire or be revoked or otherwise
terminated during each month of such fiscal year; and
``(C) the number of aliens who were provided
nonimmigrant status under such section during both such
fiscal year and the preceding fiscal year.
``(3) Information maintained by state.--If the Secretary of
Homeland Security determines that information maintained by the
Secretary of State is required to make a submission described
in paragraph (1) or (2), the Secretary of State shall provide
such information to the Secretary of Homeland Security upon
request.''. | Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006.
Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account.
Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition.
Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000.
Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports. | {"src": "billsum_train", "title": "A bill to revise certain requirements for H-2B employers and require submission of information regarding H-2B non-immigrants, and for other purposes."} | 2,052 | 403 | 0.621024 | 2.031397 | 0.779838 | 3.063091 | 5.302839 | 0.886435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Crime Victims Act of
2017''.
SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS
AFFECTING THE CRIME VICTIMS FUND.
(a) Findings.--Congress finds that--
(1) the Crime Victims Fund was created in 1984, with the
support of overwhelming bipartisan majorities in the House of
Representatives and the Senate and the support of President
Ronald Reagan, who signed the Victims of Crime Act of 1984
(Public Law 98-473) into law;
(2) the Crime Victims Fund was created based on the
principle that funds the Federal Government collects from those
convicted of crime should be used to aid those who have been
victimized by crime;
(3) the Crime Victims Fund is funded from fines, penalties,
and forfeited bonds in Federal court and private donations;
(4) the Crime Victims Fund receives no taxpayer dollars;
(5) Federal law provides that funds deposited into the
Crime Victims Fund shall be used to provide services to victims
of crime in accordance with the Victims of Crime Act of 1984;
(6) the Victims of Crime Act of 1984 gives priority to
victims of child abuse, sexual assault, and domestic violence;
(7) since fiscal year 2000, Congress has been taking funds
collected by the Crime Victims Fund and not disbursing the full
amount provided for under the Victims of Crime Act of 1984;
(8) over $10,000,000,000 has been withheld from victims of
child abuse, sexual assault, domestic violence, and other
crimes;
(9) from fiscal year 2010 through fiscal year 2014, the
Crime Victims Fund collected $12,000,000,000, but Congress
disbursed only $3,600,000,000 (or 30 percent) to crime victims;
(10) under budget rules, Congress represents that the money
it has already spent in prior years is still in the Crime
Victims Fund and available for victims of crime;
(11) Congress concludes that it is time to restore fairness
to crime victims; and
(12) Congress concludes that henceforth, funds collected by
the Crime Victims Fund should be used for services to crime
victims in accordance with the Victims of Crime Act of 1984.
(b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2
U.S.C. 651 et seq.) is amended by adding at the end the following:
``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS
LEGISLATION
``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS
AFFECTING THE CRIME VICTIMS FUND.
``(a) Definitions.--In this section--
``(1) the term `CHIMP' means a provision that--
``(A) would have been estimated as affecting direct
spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 902) (as in effect prior to September 30, 2002)
if the provision was included in legislation other than
appropriation Acts; and
``(B) results in a net decrease in budget authority
in the current year or the budget year, but does not
result in a net decrease in outlays over the period of
the total of the current year, the budget year, and all
fiscal years covered under the most recently adopted
concurrent resolution on the budget;
``(2) the term `Crime Victims Fund' means the Crime Victims
Fund established under section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601); and
``(3) the term `3-year average amount' means the annual
average amount that was deposited into the Crime Victims Fund
during the 3-fiscal-year period beginning on October 1 of the
fourth fiscal year before the fiscal year to which a CHIMP
affecting the Crime Victims Fund applies.
``(b) Point of Order in the Senate.--
``(1) In general.--When the Senate is considering a bill or
joint resolution making appropriations for a fiscal year, or an
amendment thereto, amendment between the Houses in relation
thereto, conference report thereon, or motion thereon, if a
point of order is made by a Senator against a provision
containing a CHIMP that, if enacted, would cause the amount
available for obligation during the fiscal year from the Crime
Victims Fund to be less than the 3-year average amount, and the
point of order is sustained by the Chair, that provision shall
be stricken from the measure and may not be offered as an
amendment from the floor.
``(2) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e).
``(3) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of order
being made by any Senator pursuant to paragraph (1), and such
point of order being sustained, such material contained in such
conference report or House amendment shall be stricken, and the
Senate shall proceed to consider the question of whether the
Senate shall recede from its amendment and concur with a
further amendment, or concur in the House amendment with a
further amendment, as the case may be, which further amendment
shall consist of only that portion of the conference report or
House amendment, as the case may be, not so stricken. Any such
motion in the Senate shall be debatable. In any case in which
such point of order is sustained against a conference report
(or Senate amendment derived from such conference report by
operation of this subsection), no further amendment shall be in
order.
``(4) Supermajority waiver and appeal.--In the Senate, this
subsection may be waived or suspended only by an affirmative
vote of three-fifths of the Members, duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
``(5) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of estimates
provided by the Chairman of the Committee on the Budget of the
Senate.
``(c) Point of Order in the House of Representatives.--
``(1) In general.--A provision in a bill or joint
resolution making appropriations for a fiscal year that
proposes a CHIMP that, if enacted, would cause the amount
available for obligation during the fiscal year from the Crime
Victims Fund to be less than the 3-year average amount shall
not be in order in the House of Representatives.
``(2) Amendments and conference reports.--It shall not be
in order in the House of Representatives to consider an
amendment to, or a conference report on, a bill or joint
resolution making appropriations for a fiscal year if such
amendment thereto or conference report thereon proposes a CHIMP
that, if enacted, would cause the amount available for
obligation during the fiscal year from the Crime Victims Fund
to be less than the 3-year average amount.
``(3) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of estimates
provided by the Chairman of the Committee on the Budget of the
House of Representatives.''.
(c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Congressional Budget Act of 1974 is amended by
inserting after the item relating to section 428 the following:
``Part C--Additional Limitations on Budgetary and Appropriations
Legislation
``Sec. 441. Point of order against changes in mandatory programs
affecting the Crime Victims Fund.''. | Fairness for Crime Victims Act of 2017 This bill amends the Congressional Budget Act of 1974 to establish points of order in the House of Representatives and the Senate against considering appropriations legislation that includes changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the three-year average. A CHIMP is a provision that: (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution. | {"src": "billsum_train", "title": "Fairness for Crime Victims Act of 2017"} | 1,788 | 180 | 0.506972 | 1.463777 | 0.765652 | 6.226994 | 9.760736 | 0.95092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBIR and STTR Enhancement Act''.
SEC. 2. INCREASED NUMBER OF RESEARCH TOPIC SOLICITATIONS ANNUALLY AND
SHORTENED PERIOD FOR FINAL DECISIONS ON APPLICATIONS.
(a) Increased Number of Research Topic Solicitations Annually.--
Section 9(g)(2) of the Small Business Act (15 U.S.C. 638(g)(2)) is
amended by inserting before the semicolon at the end the following: ``,
but not less often than twice per year''.
(b) Shortened Period for Final Decisions on Applications.--Section
9(g)(4) of the Small Business Act (15 U.S.C. 638(g)(4)) is amended by
inserting before the semicolon at the end the following: ``, but a
final decision on each proposal shall be rendered not later than 90
days after the date on which the solicitation closes unless the
Administrator determines, on a case by case basis, that a decision may
be extended from 90 days to 180 days''.
SEC. 3. AGENCIES SHOULD FUND VITAL R&D PROJECTS WITH THE POTENTIAL FOR
COMMERCIALIZATION.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(aa) Multiple First Phase SBIR Awards Report.--The Administrator
shall, on an annual basis, submit to the Committee on Small Business
and the Committee on Science and Technology of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a list identifying each small business
concern that, for the period covered by the preceding 5 fiscal years,
received 15 or more first phase SBIR awards and no second phase SBIR
awards.''.
SEC. 4. FEDERAL AGENCY ENGAGEMENT WITH SBIR AWARDEES THAT HAVE BEEN
AWARDED MULTIPLE PHASE ONE AWARDS BUT HAVE NOT BEEN
AWARDED PHASE TWO AWARDS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(bb) Requirements Relating to Federal Agency Engagement With
Certain First Phase SBIR Awardees.--Each Federal agency required by
this section to conduct an SBIR program shall engage with SBIR awardees
that have been awarded multiple first phase SBIR awards but have not
been awarded any second phase SBIR awards and shall develop performance
measures with respect to awardee progression in the SBIR program.''.
SEC. 5. FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING
COSTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(cc) Assistance for Administrative, Oversight, and Contract
Processing Costs.--
``(1) In general.--From amounts made available to carry out
this subsection, the Administrator may, on petition by Federal
agencies required by this section to conduct an SBIR program,
transfer funds to such agencies to assist with the
administrative, oversight, and contract processing costs
relating to such program.
``(2) Petitions.--The Administrator shall establish rules
for making transfers under paragraph (1). The initial set of
rules shall be promulgated not later than 180 days after the
date of the enactment of this subsection.
``(3) Limit on transfer.--A Federal agency may not receive
under this subsection in a fiscal year an amount greater than 3
percent of the SBIR budget of such agency for such fiscal year.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $27,500,000 for each of fiscal years 2010 and
2011.''.
SEC. 6. COMPTROLLER GENERAL AUDIT OF HOW FEDERAL AGENCIES CALCULATE
EXTRAMURAL RESEARCH BUDGETS.
The Comptroller General of the United States shall carry out a
detailed audit of how Federal agencies calculate extramural research
budgets for purposes of calculating the size of the agencies' Small
Business Innovation Research Program and Small Business Technology
Transfer Program budgets. Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Small Business and the Committee on Science and Technology
of the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on the results of the audit.
SEC. 7. AGENCY DATABASES TO SUPPORT PROGRAM EVALUATION.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``and'' at the end of clause (ii);
(B) by inserting ``and'' at the end of clause
(iii); and
(C) by adding at the end the following new clause:
``(iv) information on the ownership
structure of award recipients, both at the time
of receipt of the award and upon completion of
the award period;'';
(2) by amending paragraph (3) to read as follows:
``(3) Updating information for database.--
``(A) In general.--A Federal agency shall not make
a Phase I or Phase II payment to a small business
concern under this section unless the small business
concern has provided all information required under
this subsection and available at the time with respect
to the award under which the payment is made, and with
respect to any other award under this section
previously received by the small business concern or a
predecessor in interest to the small business concern.
``(B) Apportionment.--In complying with this
paragraph, a small business concern may apportion sales
or additional investment information relating to more
than one second phase award among those awards, if it
notes the apportionment for each award.
``(C) Annual updates upon termination.--A small
business concern receiving an award under this section
shall--
``(i) in the case of a second phase award,
update information in the databases required
under paragraphs (2) and (6) concerning that
award at the termination of the award period;
``(ii) in the case of award recipients not
described in clause (iii), be requested to
voluntarily update such information annually
thereafter for a period of 5 years; and
``(iii) in the case of a small business
concern applying for a subsequent first phase
or second phase award, be required to update
such information annually thereafter for a
period of 5 years.''; and
(3) by adding at the end the following new paragraph:
``(6) Agency program evaluation databases.--Each Federal
agency required to establish an SBIR or STTR program under this
section shall develop and maintain, for the purpose of
evaluating such programs, a database containing information
required to be contained in the database under paragraph (2).
Each such database shall be designed to be accessible to other
agencies that are required to maintain a database under this
paragraph. Each such database shall be developed and operated
in a manner to ensure that each such database is relevant to
and contributes to the agency's oversight and evaluation of the
SBIR and STTR programs. Paragraphs (4) and (5) apply to each
database under this paragraph.''.
SEC. 8. AGENCY DATABASES TO SUPPORT TECHNOLOGY UTILIZATION.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), as
amended, is further amended by adding at the end the following new
paragraph:
``(7) Agency databases to support technology utilization.--
Each Federal agency with an SBIR or STTR program shall create
and maintain a technology utilization database, which shall be
available to the public and shall contain data supplied by the
award recipients specifically to help them attract customers
for the products and services generated under the SBIR or STTR
project, and to attract additional investors and business
partners. Each database created under this paragraph shall
include information on the other databases created under this
paragraph by other Federal agencies. Participation in a
database under this paragraph shall be voluntary, except that
such participation is required of all award recipients who
received supplemental payments from SBIR and STTR program funds
above their initial Phase II award. Each database created under
this paragraph shall be developed and operated in a manner to
ensure that each such database is relevant to and contributes
to the agency's oversight and evaluation of the SBIR and STTR
programs.''.
SEC. 9. INTERAGENCY POLICY COMMITTEE.
(a) Establishment.--The Director of the Office of Science and
Technology Policy shall establish an Interagency SBIR/STTR Policy
Committee comprised of one representative from each Federal agency with
an SBIR program.
(b) Cochairs.--The Director of the Office of Science and Technology
Policy and the Director of the National Institute of Standards and
Technology shall jointly chair the Interagency SBIR/STTR Policy
Committee.
(c) Duties.--The Interagency SBIR/STTR Policy Committee shall
review the following issues and make policy recommendations on ways to
improve program effectiveness and efficiency:
(1) The public and government databases described in
section 9(k) (1) and (2) of the Small Business Act (15 U.S.C.
638(k) (1) and (2)).
(2) Federal agency flexibility in establishing Phase I and
II award sizes, and appropriate criteria to exercise such
flexibility.
(3) Commercialization assistance best practices in Federal
agencies with significant potential to be employed by other
agencies, and the appropriate steps to achieve that leverage,
as well as proposals for new initiatives to address funding
gaps business concerns face after Phase II but before
commercialization.
(d) Reports.--The Interagency SBIR/STTR Policy Committee shall
transmit to the Committee on Science and Technology and the Committee
on Small Business of the House of Representatives, and to the Committee
on Small Business and Entrepreneurship of the Senate--
(1) a report on its review and recommendations under
subsection (c)(1) not later than 1 year after the date of
enactment of this Act;
(2) a report on its review and recommendations under
subsection (c)(2) not later than 18 months after the date of
enactment of this Act; and
(3) a report on its review and recommendations under
subsection (c)(3) not later than 2 years after the date of
enactment of this Act.
SEC. 10. NATIONAL RESEARCH COUNCIL SBIR STUDY.
Section 108(d) of the Small Business Reauthorization Act of 2000,
enacted into law by reference under section 1(a)(9) of the Consolidated
Appropriations Act, 2001 (Public Law 106-554), is amended--
(1) by striking ``of the Senate'' and all that follows
through ``not later than 3'' and inserting ``of the Senate, not
later than 3''; and
(2) by striking ``; and'' and all that follows through
``update of such report''.
SEC. 11. EXPRESS AUTHORITY TO ``FAST-TRACK'' PHASE TWO AWARDS FOR
PROMISING PHASE ONE RESEARCH.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(dd) Authority to `Fast-Track' Phase Two Awards for Promising
Phase One Research.--To address the delay between an award for the
first phase of an SBIR program and the application for and extension of
an award for the second phase of such program, each Federal agency with
an SBIR program may develop `fast-track' programs to eliminate such
delay by issuing second phase SBIR awards as soon as practicable,
including in appropriate cases simultaneously with the issuance of the
first phase SBIR award. The Administrator shall encourage the
development of such `fast-track' programs.''.
SEC. 12. INCREASED SBIR AND STTR AWARD LEVELS.
(a) SBIR Award Level and Annual Adjustments.--Section 9(j) of the
Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end
the following:
``(4) Further Additional Modifications.--Not later than 180 days
after the date of enactment of this paragraph and notwithstanding
paragraph (2)(D), the Administrator shall modify the policy directives
issued pursuant to this subsection to provide for an increase to
$250,000 in the amount of funds which an agency may award in the first
phase of an SBIR program, and to $2,000,000 in the second phase of an
SBIR program, and a mandatory annual adjustment of such amounts to
reflect economic adjustments and programmatic considerations.''.
(b) STTR Award Level and Annual Adjustments.--Section
9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix))
is amended--
(1) by striking ``$100,000'' and ``$750,000'' and inserting
``$250,000'' and ``$2,000,000'', respectively; and
(2) by striking ``greater or lesser amounts'' and inserting
``with a mandatory annual adjustment of such amounts to reflect
economic adjustments and programmatic considerations, and with
lesser amounts''.
(c) Limitation on Certain Awards.--Section 9 of the Small Business
Act (15 U.S.C. 638), as amended, is further amended by adding at the
end the following:
``(ee) Limitation on Phase I and II Awards.--
``(1) In general.--No Federal agency shall issue an award
under the SBIR program or the STTR program if the size of the
award exceeds the amounts established under subsections (j)(4)
and (p)(2)(B)(ix), except as provided in paragraph (2).
``(2) Exception.--The prohibition in paragraph (1) does not
apply to an agency for a fiscal year if the head of the
agency--
``(A) notifies the Administrator that the agency
intends to issue awards in that fiscal year without
regard to the prohibition in paragraph (1); and
``(B) reports to the Committee on Small Business
and the Committee on Science and Technology of the
House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate at least
annually the number of instances in which the agency
issued an award that exceeds the amounts referred to in
paragraph (1) and the justification for each such
instance.''.
SEC. 13. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD SEQUENTIAL PHASE TWO
AWARDS FOR SBIR-FUNDED PROJECTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(ff) Requirements Relating to Additional Second Phase SBIR
Awards.--
``(1) In general.--A small business concern that receives a
second phase SBIR award for a project remains eligible to
receive additional second phase SBIR awards for such project.
``(2) Technical or weapons systems.--Agencies are expressly
authorized to provide additional second phase SBIR awards for
testing and evaluation assistance for the insertion of SBIR
technologies into technical or weapons systems.''.
SEC. 14. FIRST PHASE REQUIRED.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(gg) First Phase Required.--Under this section, a Federal agency
shall provide to a small business concern an award for the second phase
of an SBIR program with respect to a project only if such agency finds
that the small business concern has been provided an award for the
first phase of an SBIR program with respect to such project or has
completed the determinations described in subsection (e)(4)(A) with
respect to such project despite not having been provided an award for
the first phase.''. | SBIR and STTR Enhancement Act - Amends the Small Business Act to direct each federal agency that is required to establish a small business innovation research (SBIR) program to: (1) issue research topic solicitations at least twice a year; and (2) make a final decision on topic proposals within 90 days, unless the Administrator of the Small Business Administration (SBA) determines that a decision may be extended to 180 days.
Requires the Administrator to submit to the congressional small business committees a list of small businesses that, for the preceding five-year period, received 15 or more first phase SBIR awards but no second phase awards. Requires each federal agency conducting an SBIR program to engage with such awardees and develop performance measures for awardee progression in the SBIR program.
Provides funding for SBIR administrative, oversight, and contract processing costs.
Requires a Comptroller General audit on how federal agencies calculate SBIR and STTR (Small Business Technology Transfer) extramural research budgets.
Directs each federal agency conducting an SBIR or STTR program to establish and maintain program evaluation and technology utilization databases.
Establishes an Interagency SBIR/STTR Policy Committee.
Authorizes each federal agency with an SBIR program to "fast track" phase two awards.
Increases SBIR and STTR award levels.
Provides express authority for agencies to award sequential phase two awards for SBIR-funded projects.
Allows a federal agency to provide a second phase award to a small business only if the business has been provided an award for the first phase or has completed first phase requirements despite not having been provided a first phase award. | {"src": "billsum_train", "title": "To amend the Small Business Act to enhance the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes."} | 3,640 | 367 | 0.733832 | 2.506485 | 0.855189 | 3.133987 | 10.300654 | 0.924837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Number Non-
Proliferation Act of 2007''.
SEC. 2. PROHIBITION OF THE SALE, PURCHASE, AND DISPLAY TO THE GENERAL
PUBLIC OF THE SOCIAL SECURITY ACCOUNT NUMBER.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 208 (42 U.S.C. 408) the following new section:
``prohibition of the sale, purchase, and display to the general public
of the social security account number
``Sec. 208A. (a) Definitions.--For purposes of this section:
``(1) Person.--
``(A) In general.--Subject to subparagraph (B), the
term `person' means any individual, partnership,
corporation, trust, estate, cooperative, association,
or any other entity.
``(B) Governmental entities.--Such term does not
include a governmental entity. Nothing in this
subparagraph shall be construed to authorize, in
connection with a governmental entity, an act or
practice otherwise prohibited under this section or
section 205(c)(2)(C).
``(2) Selling and purchasing.--
``(A) In general.--Subject to subparagraph (B)--
``(i) Sell.--The term `sell' in connection
with a social security account number means to
obtain, directly or indirectly, anything of
value in exchange for such number.
``(ii) Purchase.--The term `purchase' in
connection with a social security account
number means to provide, directly or
indirectly, anything of value in exchange for
such number.
``(B) Exceptions.--The terms `sell' and `purchase'
in connection with a social security account number do
not include the submission of such number as part of--
``(i) the process for applying for any type
of Government benefits or programs (such as
grants or loans or welfare or other public
assistance programs),
``(ii) the administration of, or provision
of benefits under, an employee benefit plan, or
``(iii) the sale, lease, merger, transfer,
or exchange of a trade or business.
``(3) Display to the general public.--
``(A) In general.--The term `display to the general
public' means, in connection with a social security
account number, to intentionally place such number in a
viewable manner on an Internet site that is available
to the general public or to make such number available
in any other manner intended to provide access to such
number by the general public.
``(B) Internet transmissions.--In any case in which
a person requires, as a condition of doing business
with such person, transmittal to such person of an
individual's social security account number by means of
the Internet without reasonable provisions to ensure
that such number is encrypted or otherwise secured from
disclosure, any such transmittal of such number as so
required shall be treated as a `display to the general
public' of such number by such person.
``(4) Social security account number.--The term `social
security account number' has the meaning given such term in
section 208(c), except that such term includes any derivative
of such number. Notwithstanding the preceding sentence, any
expression, contained in or on any item sold or displayed to
the general public, shall not be treated as a social security
account number solely because such expression sets forth not
more than the last 4 digits of such number, if the remainder of
such number cannot be determined based solely on such
expression or any other matter presented in or on such item.
``(b) Prohibition of Sale, Purchase, and Display to the General
Public.--(1) Except as provided in paragraph (2), it shall be unlawful
for any person to--
``(A) sell or purchase a social security account number or
display to the general public a social security account number,
or
``(B) obtain or use any individual's social security
account number for the purpose of locating or identifying such
individual with the intent to physically injure or harm such
individual or using the identity of such individual for any
illegal purpose.
``(2) Notwithstanding paragraph (1), and subject to paragraph (3),
a social security account number may be sold or purchased by any person
to the extent provided in this subsection (and for no other purpose) as
follows:
``(A) to the extent necessary for law enforcement,
including (but not limited to) the enforcement of a child
support obligation, as determined under regulations issued as
provided in subsection (j);
``(B) to the extent necessary for national security
purposes, as determined under regulations issued as provided in
subsection (j);
``(C) to the extent necessary for public health purposes;
``(D) to the extent necessary in emergency situations to
protect the health or safety of 1 or more individuals;
``(E) to the extent that the sale or purchase is required
to comply with a tax law of the United States or of any State
(or political subdivision thereof);
``(F) to the extent that the sale or purchase is to or by a
consumer reporting agency (as defined in section 603(f) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(f))) for use or
disclosure solely for permissible purposes described in section
604(a) of such Act (15 U.S.C. 1681b(a)); and
``(G) to the extent necessary for research (other than
market research) conducted by an agency or instrumentality of
the United States or of a State or political subdivision
thereof (or an agent of such an agency or instrumentality) for
the purpose of advancing the public good, on the condition that
the researcher provides adequate assurances that--
``(i) the social security account numbers will not
be used to harass, target, or publicly reveal
information concerning any identifiable individuals;
``(ii) information about identifiable individuals
obtained from the research will not be used to make
decisions that directly affect the rights, benefits, or
privileges of specific individuals; and
``(iii) the researcher has in place appropriate
safeguards to protect the privacy and confidentiality
of any information about identifiable individuals,
including procedures to ensure that the social security
account numbers will be encrypted or otherwise
appropriately secured from unauthorized disclosure.
``(3) Notwithstanding paragraph (1), a social security account
number assigned to an individual may be sold, purchased, or displayed
to the general public by any person--
``(A) to the extent consistent with such individual's
voluntary and affirmative written consent to the sale,
purchase, or display of the social security account number, but
only if--
``(i) the terms of the consent and the right to
refuse consent are presented to the individual in a
clear, conspicuous, and understandable manner,
``(ii) the individual is placed under no obligation
to provide consent to any such sale, purchase, or
display, and
``(iii) the terms of the consent authorize the
individual to limit the sale, purchase, or display to
purposes directly associated with the transaction with
respect to which the consent is sought, and
``(B) under such circumstances as may be deemed appropriate
in regulations issued as provided under subsection (j).
``(4) In the case of social security account numbers which
constitute personally identifiable medical information, the
Commissioner of Social Security, with respect to medical research which
is referred to in paragraph (3)(A) or which is treated in regulations
of the Commissioner issued pursuant to paragraph (3)(B), shall maintain
ongoing consultation with the Office for Civil Rights of the Department
of Health and Human Services to ensure that the sale or purchase of
such social security account numbers is permitted only in compliance
with existing Federal rules and regulations prescribed by the Secretary
of Health and Human Services pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (110 Stat. 2033).
``(c) Prohibition of Unauthorized Disclosure to Government Agencies
or Instrumentalities.--(1) It shall be unlawful for any person to
communicate by any means to any agency or instrumentality of the United
States or of any State or political subdivision thereof the social
security account number of any individual other than such person
without the written permission of such individual, unless the number
was requested by the agency or instrumentality. In the case of an
individual who is legally incompetent, permission provided by the
individual's legal representatives shall be deemed to be permission
provided by such individual.
``(2) Paragraph (1) shall not apply to the extent necessary--
``(A) for law enforcement, including (but not limited to)
the enforcement of a child support obligation, or
``(B) for national security purposes,
as determined under regulations issued as provided under subsection
(j).
``(d) Prohibition of the Displays on Cards or Tags Required for
Access to Goods, Services, or Benefits.--No person may display a social
security account number on any card or tag issued to any other person
for the purpose of providing such other person access to any goods,
services, or benefits or include on such card or tag a magnetic strip,
bar code, or other means of communication which conveys such number.
``(e) Prohibition of the Displays on Employee Identification Cards
or Tags.--No person that is an employer, and no other person offering
benefits in connection with an employee benefit plan maintained by such
employer or acting as an agent of such employer, may display a social
security account number on any card or tag that is commonly provided to
employees of such employer (or to their family members) for purposes of
identification or include on such card or tag a magnetic strip, bar
code, or other means of communication which conveys such number.
``(f) Measures To Preclude Unauthorized Disclosure of Social
Security Account Numbers and Protect the Confidentiality of Such
Numbers.--Subject to the preceding provisions of this section, any
person having in such person's records the social security account
number of any individual other than such person shall, to the extent
that such records are maintained for the conduct of such person's trade
or business--
``(1) ensure that no officer or employee thereof has access
to such number for any purpose other than as necessary for the
conduct of such person's trade or business,
``(2) restrict, in accordance with regulations of the
Commissioner, access to social security account numbers
obtained thereby to officers and employees thereof whose duties
or responsibilities require access for the conduct of such
person's trade or business, and
``(3) provide such safeguards as may be specified, in
regulations of the Commissioner, to be necessary or appropriate
to preclude unauthorized access to the social security account
number and to otherwise protect the confidentiality of such
number.
``(g) Deceased Individuals.--This section does not apply with
respect to the social security account number of a deceased individual.
``(h) Criminal Penalty.--Any person who violates this section shall
be guilty of a felony and upon conviction thereof shall be fined under
title 18, United States Code, or imprisoned for not more than 5 years,
or both.
``(i) Applicability of Other Protections.--Nothing in this section
shall be construed to supersede, alter, or affect any restriction or
limitation on the sale, purchase, display to the general public, or
other disclosure of social security account numbers, provided in any
Federal statute, regulation, order, or interpretation, if the
restriction or limitation is greater than that provided under this
section, as determined under applicable regulations issued by the
Commissioner of Social Security or by another agency or instrumentality
of the United States as provided in subsection (j).
``(j) Regulations.--(1) In issuing regulations to carry out the
provisions of subparagraphs (A) and (B) of subsection (b)(2),
subsection (b)(3)(B), and subsection (c)(2), the Commissioner of Social
Security shall consult with the Attorney General of the United States,
the Secretary of Health and Human Services, the Secretary of Homeland
Security, the Secretary of the Treasury, the Federal Trade Commission,
the Federal banking agencies (as defined in section 3 of the Federal
Deposit Insurance Act), the National Credit Union Administration, the
Securities and Exchange Commission, State attorneys general, and such
representatives of the State insurance commissioners as may be
designated by the National Association of Insurance Commissioners. Any
agency or instrumentality of the United States may exercise the
authority of the Commissioner to issue such regulations, with respect
to matters otherwise subject to regulation by such agency or
instrumentality, to the extent determined appropriate in regulations of
the Commissioner.
``(2) In issuing the regulations described in paragraph (1)
pursuant to the provisions of subparagraph (A) or (B) of (b)(2) or
subsection (c)(2) (relating to law enforcement and national security),
the Commissioner may authorize the sale or purchase of social security
account numbers only if the Commissioner determines that--
``(A) such sale or purchase would serve a compelling public
interest that cannot reasonably be served through alternative
measures, and
``(B) such sale or purchase will not pose an unreasonable
risk of identity theft, or bodily, emotional, or financial harm
to an individual (taking into account any restrictions and
conditions that the Commissioner imposes on the sale, purchase,
or disclosure).
``(3) In issuing the regulations described in paragraph (1)
pursuant to the provisions of subsection (b)(3)(B), the Commissioner
may authorize the sale, purchase, or display to the general public of
social security account numbers only after considering, among other
relevant factors--
``(A) the associated cost or burden to the general public,
businesses, commercial enterprises, non-profit organizations,
and Federal, State, and local governments; and
``(B) the associated benefit to the general public,
businesses, commercial enterprises, non-profit associations,
and Federal, State, and local governments.
``(4) If, after considering the factors in paragraph (3), the
Commissioner authorizes, in regulations referred to in paragraph (3),
the sale, purchase, or display to the general public of social security
account numbers, the Commissioner shall impose restrictions and
conditions on the sale, purchase, or display to the general public to
the extent necessary--
``(A) to provide reasonable assurances that social security
account numbers will not be used to commit or facilitate fraud,
deceptions, or crime, and
``(B) to prevent an unreasonable risk of identity theft or
bodily, emotional, or financial harm to any individual,
considering the nature, likelihood, and severity of the
anticipated harm that could result from the sale, purchase, or
display to the general public of social security account
numbers, together with the nature, likelihood, and extent of
any benefits that could be realized.
``(5) In the issuance of regulations described in paragraph (1),
notice shall be provided as described in paragraphs (1), (2), and (3)
of section 553(b) of title 5, United States Code, and opportunity to
participate in the rule making shall be provided in accordance with
section 553(c) of such title.
``(6) Each agency and instrumentality exercising authority to issue
regulations under this subsection shall consult and coordinate with the
other such agencies and instrumentalities for the purposes of assuring,
to the extent possible, that the regulations prescribed by each such
agency or instrumentality are consistent and comparable, as
appropriate, with the regulations prescribed by the other such agencies
and instrumentalities. The Commissioner shall undertake to facilitate
such consultation and coordination.''.
(b) Effective Date.--Initial final regulations prescribed to carry
out the provisions of section 208A of the Social Security Act (added by
this section) shall be issued not later than the last date of the 18th
calendar month following the date of the enactment of this Act. Such
provisions shall take effect 1 year after the date of the issuance of
such regulations. Section 208A(b) of such Act shall apply in the case
of displays to the general public (as defined in section 208A(a)(3) of
such Act) to such displays to the general public originally occurring
after such 1-year period. Such provisions shall not apply with respect
to any such display to the general public of a record (containing a
social security account number (or any derivative thereof)) generated
prior to the close of such 1-year period. | Social Security Number Non-Proliferation Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prohibit the sale, purchase, and display to the general public of an individual's Social Security account number without the individual's voluntary and written consent, with certain law enforcement, national security, public health, and other exceptions.
Makes it unlawful, also, to obtain or use any individual's Social Security number for the purpose of: (1) locating or identifying the individual with the intent to physically injure or harm him or her; or (2) using the individual's identity for any illegal purpose.
Makes it unlawful for any person to communicate to any agency or instrumentality of the United States or of any state or local government the Social Security account number of an individual, other than his or her own, without the individual's written permission, unless the number was requested by the agency or instrumentality.
Prohibits displays of Social Security account numbers on cards or tags required for access to goods, services, or benefits, and displays on employee identification cards or tags.
Prescribes criminal penalties for violations of this Act. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to prohibit the sale, purchase, and display to the general public of the Social Security account number."} | 3,568 | 256 | 0.517057 | 1.448243 | 0.715366 | 3.961207 | 15.017241 | 0.909483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evacuees Tax Relief Act of 2005''.
SEC. 2. EVACUATION EXPENSES.
(a) Credit for Evacuation Expenses.--Subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
(relating to nonrefundable personal credits) is amended by inserting
after section 25D the following new section:
``SEC. 25E. EVACUATION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the qualified evacuation
expenses paid or incurred by the individual during the taxable year.
``(b) Dollar Limitation.--With respect to an individual, the
aggregate amount of qualified evacuation expenses which may be taken
into account under subsection (a) for all taxable years during the
credit allowance period shall not exceed $5,000.
``(c) Qualified Evacuation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified evacuation expenses'
means, with respect to any taxable year during the credit
allowance period, the sum of all expenses paid or incurred by
the individual during such taxable year by reason of a
qualified evacuation. Such expenses shall include travel and
lodging expenses as do not exceed $1,000, lost wages, and any
property damage not compensated for by insurance or otherwise.
``(2) Qualified evacuation.--With respect to an individual,
the term `qualified evacuation' means a voluntary or mandatory
evacuation ordered by reason of a qualified disaster (as
defined in section 139(c)) of an area in which such individual
resides on the date of such disaster.
``(3) Credit allowance period.--With respect to a qualified
evacuation, the term `credit allowance period' means the
taxable year or years during which the evacuation occurred and
each of the 3 succeeding taxable years.
``(d) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to an
individual under subpart C shall be increased by the lesser
of--
``(A) the credit which would be allowed under this
section without regard to this subsection, or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection) would increase if the
limitation imposed by section 26(a) were increased by
the individual's social security taxes for the taxable
year.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of credit otherwise allowable under
subsection (a).
``(2) Social security taxes.--For purposes of paragraph
(1)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
section 3101 and 3201(a) on amounts received by
the taxpayer during the calendar year in which
the taxable year begins,
``(ii) 50 percent of the taxes imposed by
section 1401 on the self-employment income of
the taxpayer for the taxable year, and
``(iii) 50 percent of the taxes imposed by
section 3211(a)(1) on amounts received by the
taxpayer during the calendar year in which the
taxable year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such paragraph.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(f) Election not to Have Section Apply.--An individual may elect
not to have this section apply with respect to the qualified evacuation
expenses of the individual for any taxable year.''.
(b) Deduction for Evacuation Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by
redesignating section 224 as section 225 and by inserting after
section 223 the following new section:
``SEC. 224. DEDUCTION FOR EVACUATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the qualified
evacuation expenses paid or incurred by the individual during the
taxable year.
``(b) Dollar Limitation.--With respect to an individual, the
aggregate amount of qualified evacuation expenses which may be taken
into account under subsection (a) for all taxable years during the
deduction allowance period shall not exceed $5,000.
``(c) Qualified Evacuation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified evacuation expenses'
means, with respect to any taxable year during the deduction
allowance period, the sum of all expenses paid or incurred by
the individual during such taxable year by reason of a
qualified evacuation. Such expenses shall include travel and
lodging expenses as do not exceed $1,000, lost wages, and any
property damage not compensated for by insurance or otherwise.
``(2) Qualified evacuation.--With respect to an individual,
the term `qualified evacuation' means a voluntary or mandatory
evacuation ordered by reason of a qualified disaster (as
defined in section 139(c)) of an area in which such individual
resides on the date of such disaster.
``(3) Deduction allowance period.--With respect to a
qualified evacuation, the term `deduction allowance period'
means the taxable year or years during which the evacuation
occurred and each of the 3 succeeding taxable years.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(e) Election not to Have Section Apply.--An individual may elect
not to have this section apply with respect to the qualified evacuation
expenses of the individual for any taxable year.''.
(2) Deduction allowed whether or not individual itemizes
other deductions.--Subsection (a) of section 62 of such Code is
amended by redesignating paragraph (19) (relating to health
savings accounts) as paragraph (20) and inserting at the end
the following new paragraph:
``(21) Deduction for evacuation expenses.--The deduction
allowed by section 224.''.
(c) Clerical Amendments.--
(1) 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 25D the following new item:
``Sec. 25E. Evacuation expenses.''.
(2) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Sec. 224. Deduction for evacuation expenses.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after August 27, 2005. | Evacuees Tax Relief Act of 2005 - Amends the Internal Revenue Code to allow individual taxpayers to elect either a tax credit or tax deduction for up to $5,000 of their voluntary or mandatory evacuation expenses due to a disaster. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals either a credit against income tax or a deduction for expenses paid or incurred by reason of a voluntary or mandatory evacuation."} | 1,751 | 52 | 0.523317 | 1.222749 | 0.686801 | 2.214286 | 37.02381 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Deployment
Streamlining Act''.
SEC. 2. STREAMLINING THE DEPARTMENT OF THE INTERIOR AND THE FOREST
SERVICE PROCESS FOR BROADBAND FACILITY LOCATION
APPLICATIONS.
(a) Definitions.--In this section:
(1) Broadband facility.--The term ``broadband facility''
means any communications plant, equipment, supplies, cable,
wire, box, device, meter, tower, pole, duct, conduit, or other
facility related to the provision of advanced
telecommunications capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)).
(2) Covered land.--The term ``covered land'' means--
(A) public land administered by the Secretary of
the Interior; and
(B) National Forest System land administered by the
Secretary of Agriculture.
(3) Department concerned.--The term ``Department
concerned'' means the Department of which the Secretary
concerned is the head.
(4) Organizational unit.--The term ``organizational unit''
means--
(A) within the Bureau of Land Management--
(i) a State office;
(ii) a district office; or
(iii) a field office; and
(B) within the Forest Service--
(i) a regional office;
(ii) the headquarters;
(iii) a management unit; or
(iv) a ranger district office.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
public land; and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary concerned shall issue regulations--
(1) to streamline the process for considering applications
to locate or modify broadband facilities on covered land
administered by the Secretary concerned;
(2) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across the organizational
units of the Department concerned; and
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively and
technologically neutral, non-discriminatory basis.
(c) Requirements.--The regulations issued under subsection (b)
shall include--
(1) procedures that require the tracking of applications
described in subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the
receipt of an application and the issuance of a final
decision on an application;
(2) minimum terms of not less than 5 years for leases with
respect to the location of broadband facilities on covered
land;
(3) a policy under which an easement, license, or other
authorization to locate a broadband facility on covered land
renews automatically on expiration, unless the authorization is
revoked for good cause; and
(4) fees for--
(A) submitting an application described in
subsection (b)(1), based on the cost to the Department
concerned of considering such an application; and
(B) granting an easement, license, or other
authorization to locate or modify a broadband facility
on covered land, based on the cost to the Department
concerned of any maintenance or other activities
required to be performed by the Department concerned as
a result of the location or modification of the
facility.
(d) Additional Considerations.--In issuing regulations under
subsection (b), the Secretary concerned shall consider--
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted simultaneously,
rather than sequentially, by the organizational units of the
Department concerned that must approve the location or
modification; and
(2) how to eliminate overlapping requirements among the
organizational units of the Department concerned with respect
to the location or modification of a broadband facility on
covered land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational Units.--
The Secretary concerned shall, with respect to the regulations issued
under subsection (b)--
(1) communicate the regulations to the organizational units
of the Department concerned; and
(2) ensure that the organizational units of the Department
concerned follow the regulations.
SEC. 3. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
Section 6409(b) of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1455(b)) is amended by adding at the end the
following:
``(5) Timely consideration of applications.--
``(A) In general.--Not later than 270 days after
the date on which an executive agency receives a duly
filed application for an easement or right-of-way under
this subsection, the executive agency shall--
``(i) grant or deny, on behalf of the
Federal Government, the application; and
``(ii) notify the applicant of the grant or
denial.
``(B) Explanation of denial.--If an executive
agency denies an application under subparagraph (A),
the executive agency shall notify the applicant in
writing, including a clear statement of the reasons for
the denial.
``(C) Deemed granted.--If an executive agency does
not grant or deny a duly filed application under
subparagraph (A) by the deadline set forth in that
subparagraph, the executive agency shall be deemed to
have granted the application.
``(D) Applicability of environmental laws.--Nothing
in this paragraph shall be construed to relieve an
executive agency of the requirements of division A of
subtitle III of title 54, United States Code, or the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(E) Point of contact.--Upon receiving an
application under subparagraph (A), an executive agency
shall designate one or more appropriate individuals
within the executive agency to act as a point of
contact with the applicant.''.
SEC. 4. GAO REPORT.
(a) Definition.--In this section, the term ``National Broadband
Map'' means the map established by the National Telecommunications and
Information Administration under section 6001(l) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(l)).
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report evaluating--
(1) how the Federal Communications Commission ensures that
the broadband data collected for the National Broadband Map is
accurate, complete, and reliable, including--
(A) the source of the data; and
(B) whether data may be available from alternative
commercial sources;
(2) the extent to which Federal agencies or other entities
authorized to distribute Federal grants or loans for broadband
projects rely on data from the National Broadband Map to--
(A) award grants or loans for broadband projects;
or
(B) determine whether Federal Government funds will
be used to deploy broadband in areas already served by
private broadband providers;
(3) the actions the Federal Communications Commission has
taken or plans to take to address the limitations, if any, in
using data from the National Broadband Map for policy or
funding decisions;
(4) the extent to which interested parties have challenged
the accuracy of information on the National Broadband Map,
including how the challenges were resolved; and
(5) whether the Federal Communications Commission should
collect data for the National Broadband Map from additional or
alternative commercial sources. | Rural Broadband Deployment Streamlining Act This bill directs the Department of the Interior, for public lands, and the Department of Agriculture, for National Forest System lands, to issue regulations to: (1) streamline the process for the consideration of applications to locate or modify broadband facilities on such lands; and (2) require that such applications be considered and granted on a competitively and technologically neutral, non-discriminatory basis. The bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require executive agencies to grant or deny within 270 days applications for an easement or right-of-way on federal property to install, construct, and maintain wireless service antenna structures and equipment and backhaul transmission equipment. The Government Accountability Office shall report on: how the Federal Communications Commission (FCC) ensures that the broadband data collected for the National Broadband Map is accurate, complete, and reliable; the extent to which federal agencies or other entities authorized to distribute federal grants or loans for broadband projects rely on such data; FCC actions to address the limitations on using such data for policy or funding decisions; the extent to which interested parties have challenged the accuracy of information on the map; and whether the FCC should collect such data from additional or alternative commercial sources. | {"src": "billsum_train", "title": "Rural Broadband Deployment Streamlining Act"} | 1,728 | 268 | 0.573861 | 1.734219 | 0.893812 | 4.214575 | 6.404858 | 0.902834 |
SECTION 1. DUTY-FREE TREATMENT OF CERTAIN CHEMICALS.
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of
the United States is amended by inserting in numerical sequence the
following new subheadings:
`` 9902.31.12 Malonic acid (provided for in subheading 2917.19.50)..... Free No change No change On or before 12/
31/94
9902.31.13 4,4,4-Trifluoro-3-oxobutanoic acid, Ethyl ester and 4,4,4- No change No change On or before 12/
Trifluoro-3-oxobutanoic acid, methyl ester (provided for 31/94
in subheading 2918.30.50)............................... Free
9902.31.14 2-Chloro-N,N-dimethylethyl-amine hydrochloride, 2- No change No change On or before 12/
(diethylamino) ethyl chloride hydrochloride, and 31/94
dimethyl-aminoisopropyl chloride hydrochloride (provided
for in subheading 2921.19.50)........................... Free
9902.31.15 4,4'-Methylenebis-(2,6-diethylaniline) (provided for in No change No change On or before 12/
subheading 2921.51.50).................................. Free 31/94
9902.31.16 2-Amino-5-Chlorobenzophe-none (provided for in subheading No change No change On or before 12/
2922.30.35)............................................. Free 31/94
9902.31.17 3-Aminocrotonic acid, methyl ester (provided for in No change No change On or before 12/
subheading 2922.49.50).................................. Free 31/94
9902.31.18 Tetramethyl-guanidine (provided for in subheading No change No change On or before 12/
2925.20.50)............................................. Free 31/94
9902.31.19 1,3-Phenylenebis (1-methylethyl-idenebis) Cyanic acid 1,4- No change No change On or before 12/
phenylene ester (provided for in subheading 2929.90.10). Free 31/94
9902.31.20 Calcium Lactobionate (provided for in subheading No change No change On or before 12/
2932.90.50)............................................. Free 31/94
9902.31.21 2-Methyl-5-Ethyl-pyridine (provided for in subheading No change No change On or before 12/
2933.39.20)............................................. Free 31/94
9902.31.22 Piperidinoethyl Chloride Hydrochloride (provided for in No change No change On or before 12/
subheading 2933.39.47).................................. Free 31/94
9902.31.23 2-Amino-4-Chloro-6-Methoxy-pyrimidine and 2-Amino-4,6- No change No change On or before 12/
Dimethoxy-pyrimidine (provided for in subheading 31/94
2933.59.90)............................................. Free
9902.31.24 Morpholinoethyl Chloride Hydrochloride (provided for in No change No change On or before 12/
subheading 2934.90.50).................................. Free 31/94
9902.31.25 Physostigmine Salicylate (Eserine Salicylate) (provided No change No change On or before 12/
for in subheading 2939.90.10)........................... Free 31/94
9902.31.26 Lobeline Sulphate (provided for in subheading 2939.90.50) Free No change No change On or before 12/
31/94
9902.31.27 D-Arabinose (provided for in subheading 2940.00.00)...... Free No change No change On or before 12/
31/94
''
SEC. 2. APPLICABILITY.
The amendments made by section 1 apply with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on certain chemicals. | {"src": "billsum_train", "title": "To suspend until January 1, 1995, the duty on certain chemicals."} | 1,001 | 28 | 0.440829 | 1.055217 | -0.518914 | 2.083333 | 27 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Education Opportunities
for Nurses and Nurse Faculty Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In recent years, the Institute of Medicine (IOM) has
described the American health care system in crisis. It is
estimated between 44,000 to 98,000 American die as a result of
medical errors each year. A paramount reason for compromised
patient safety is the critical shortage of Registered Nurses
(RN) in the United States.
(2) In 2002, the Joint Commission found that for roughly a
quarter (24 percent) of hospital patient deaths and injuries,
low nurse staffing levels was a contributing factor.
(3) The current nursing shortage places the lives of
patients at risk and the shortage is only projected to worsen.
In April 2006, the Health Resources and Services Administration
(HRSA) predicted that the nation's nursing shortage would grow
to more than one million nurses by 2020. If the current nursing
shortage trend continues, only sixty-four percent of the
projected demand will be met.
(4) More registered nurses must be educated to meet the
demanding needs of the future. They are a critical component of
the health care delivery system, are the first responders
during natural disasters and are essential to provide health
care to the U.S. military. In the future, RNs will play an even
larger role in the health care delivery system as 78 million
baby boomers age and require additional health care services.
(5) Over the last nine years, the nursing shortage has
become more apparent as constraints in nursing education
programs have intensified. According to the American
Association of Colleges of Nursing report on 2006-2007
Enrollment and Graduations in Baccalaureate and Graduate
Programs in Nursing, U.S. nursing schools turned away 42,866
qualified applicants from baccalaureate and graduate nursing
programs in 2006 due to insufficient number of faculty,
clinical sites, classroom space, clinical preceptors, and
budget constraints.
(6) While graduations increased by 18 percent from 2005 to
2006 in entry-level baccalaureate nursing programs, this
increase does not meet the demand. The April 2006 HRSA
projection noted that nursing schools must increase the number
of graduates by 90 percent in order to adequately address the
nursing shortage.
(7) From 1971 to 1978, Congress provided schools of nursing
Capitation Grants, which are formula grants based on the number
of students enrolled. Most notably, the Nurse Training Act of
1971 (P.L. 92-158) and the Nurse Training Act of 1975 (P.L. 94-
63) facilitated increased enrollments in schools of nursing and
helped relieve past nursing shortages.
(8) According to a 2006 National League for Nursing report,
nurse faculty vacancies continued to grow with 1,390 as the
estimated number of budgeted, unfilled, full-time positions
countrywide in 2006.
SEC. 3. NURSING EDUCATION.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART E--ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL
NURSING STUDENTS
``SEC. 771. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL
NURSING STUDENTS.
``(a) Authorization.--The Secretary shall award grants to
institutions of higher education that offer--
``(1) a R.N. nursing program at the baccalaureate or
associate degree level to enable such program to expand the
faculty and facilities of such program to accommodate
additional R.N. nursing program students; or
``(2) a graduate-level nursing program to accommodate
advanced practice degrees for R.N.s or to accommodate students
enrolled in a graduate-level nursing program to provide
teachers of nursing students.
``(b) Determination of Number of Students and Application.--Each
institution of higher education that offers a program described in
subsection (a) that desires to receive a grant under this section
shall--
``(1) determine for the 4 academic years preceding the
academic year for which the determination is made the average
number of matriculated nursing program students at such
institution for such academic years; and
``(2) submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may require, including the average number determined
under paragraph (1).
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after academic
year 2006-2007, the Secretary shall provide to each institution
of higher education awarded a grant under this section an
amount that is equal to $3,000 multiplied by the number of
matriculated nursing program students at such institution for
such academic year that is more than the average number
determined with respect to such institution under subsection
(b)(1). Such amount shall be used for the purposes described in
subsection (a).
``(2) Distribution of grants among different degree
programs.--
``(A) In general.--Subject to subparagraph (B),
from the funds available to award grants under this
section for each fiscal year, the Secretary shall--
``(i) use 20 percent of such funds to award
grants under this section to institutions of
higher education for the purpose of
accommodating advanced practice degrees or
students in graduate-level nursing programs;
``(ii) use 40 percent of such funds to
award grants under this section to institutions
of higher education for the purpose of
expanding R.N. nursing programs at the
baccalaureate degree level; and
``(iii) use 40 percent of such funds to
award grants under this section to institutions
of higher education for the purpose of
expanding R.N. nursing programs at the
associate degree level.
``(B) Distribution of excess funds.--If, for a
fiscal year, funds described in clause (i), (ii), or
(iii) of subparagraph (A) remain after the Secretary
awards grants under this section to all applicants for
the particular category of nursing programs described
in such clause, the Secretary shall use equal amounts
of the remaining funds to award grants under this
section to applicants for the remaining categories of
nursing programs.
``(C) Equitable distribution.--In awarding grants
under this section, the Secretary shall, to the extent
practicable, ensure--
``(i) an equitable geographic distribution
of the grants among the States; and
``(ii) an equitable distribution of the
grants among different types of institutions of
higher education.
``(d) Prohibition.--
``(1) In general.--Funds provided under this section may
not be used for the construction of new facilities.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit funds provided under this section from
being used for the repair or renovation of facilities.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''. | Increasing Education Opportunities for Nurses and Nurse Faculty Act of 2007 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants to nursing schools to enhance their capacity to accommodate additional students in: (1) Registered Nurse (RN) associate or baccalaureate degree programs; or (2) graduate programs for prospective teachers of nursing or RNs who seek advanced practice degrees.
Bases the amount of a school's grant on the extent to which the school increases its enrollment of nursing students for an academic year over its average nursing student enrollment for the four preceding academic years.
Prohibits the use of grants to construct new facilities. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to create a capitation grant program to increase the number of nurses and graduate educated nurse faculty to meet the future need for qualified nurses, and for other purposes."} | 1,552 | 138 | 0.413769 | 1.210025 | 0.656842 | 2.225806 | 11.669355 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Gasoline Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the National Air Quality and Emissions
Trends Report of the Environmental Protection Agency, dated
1996, motor vehicles account for a major portion of the
emissions that degrade the air quality of the United States: 49
percent of nitrogen oxides emissions, 26 percent of emissions
of particulate matter with an aerodynamic diameter smaller than
or equal to 10 micrometers (PM-10), and 78 percent of carbon
monoxide emissions;
(2)(A) failure to control gasoline sulfur concentration
adversely affects catalytic converter function for all vehicles
in the national vehicle fleet; and
(B) research performed collaboratively by the auto and oil
industries demonstrates that when sulfur concentration in motor
vehicle gasoline is reduced from 450 parts per million
(referred to in this section as ``ppm'') to 50 ppm--
(i) hydrocarbon emissions are reduced by 18
percent;
(ii) carbon monoxide emissions are reduced by 19
percent; and
(iii) nitrogen oxide emissions are reduced by 8
percent;
(3)(A) recent studies conducted by the American Automobile
Manufacturers Association (AAMA), the Association of
International Automobile Manufacturers (AIMA), and the
Coordinating Research Council confirm that sulfur in vehicle
fuel impairs to an even greater degree the emission controls of
Low-Emission Vehicles (referred to in this section as ``LEVs'')
and Ultra-Low-Emission Vehicles (referred to in this section as
``ULEVs'');
(B) because sulfur-induced impairment of advanced
technology emission control systems is not fully reversible
under normal in-use driving conditions, a nationwide, year-
round sulfur standard is necessary to prevent impairment of
vehicles' emission control systems as the vehicles travel
across State lines;
(C) industry research on LEVs and ULEVs demonstrates that
when gasoline sulfur concentration is lowered from 330 ppm to
40 ppm--
(i) hydrocarbon emissions are reduced by 34
percent;
(ii) carbon monoxide emissions are reduced by 43
percent; and
(iii) nitrogen oxide emissions are reduced by 51
percent;
(D) failure to control sulfur in gasoline will inhibit the
introduction of more fuel-efficient technologies, such as
direct injection engines and ``NO<INF>x</INF> trap'' after-
treatment technology, which require fuel with a very low
concentration of sulfur;
(E) the technology for removing sulfur from fuel during the
refining process is readily available and currently in use; and
(F) the reduction of sulfur concentrations in fuel to the
level required by this Act is a cost-effective means of
improving air quality;
(4)(A) gasoline sulfur levels in the United States--
(i) average between 300 and 350 ppm and range as
high as 1000 ppm; and
(ii) are far higher than the levels allowed in many
other industrialized nations, and higher than the
levels allowed by some developing nations;
(B) the European Union recently approved a standard of 150
ppm to take effect in 2000, to be phased down to 30 through 50
ppm by 2005;
(C) Japan has a standard of 50 ppm; and
(D) gasoline and diesel fuel in Australia, New Zealand,
Taiwan, Hong Kong, Thailand, and Finland have significantly
lower sulfur concentrations than comparable gasoline and diesel
fuel in the United States;
(5)(A) California is the only State that regulates sulfur
concentration in all gasoline sold; and
(B) in June 1996, California imposed a 2-part limitation on
sulfur concentration in gasoline: a 40 ppm per gallon maximum,
or a 30 ppm per gallon annual average with an 80 ppm per gallon
maximum;
(6)(A) a 1998 regulatory impact analysis by the California
Air Resources Board reports that air quality improved
significantly in the year following the introduction of low
sulfur gasoline; and
(B) the California Air Resources Board credits low sulfur
gasoline with reducing ozone levels by 10 percent on the South
Coast, 12 percent in Sacramento, and 2 percent in the Bay Area;
and
(7)(A) reducing sulfur concentration in gasoline to the
level required by this Act is a cost-effective pollution
prevention measure that will provide significant and immediate
benefits; and
(B) unlike vehicle hardware requirements that affect only
new model years, sulfur control produces the benefits of
reduced emissions of air pollutants across the vehicle fleet
immediately upon implementation.
SEC. 3. SULFUR CONCENTRATION REQUIREMENTS FOR GASOLINE.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended--
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following:
``(o) Sulfur Concentration Requirements for Gasoline.--
``(1) In general.--
``(A) Requirement.--Subject to subparagraph (B),
effective beginning 4 years after the date of enactment
of this paragraph, a person shall not manufacture,
sell, supply, offer for sale or supply, dispense,
transport, or introduce into commerce motor vehicle
gasoline that contains a concentration of sulfur that
is greater than 40 parts per million per gallon of
gasoline.
``(B) Alternative method of measuring compliance.--
A person shall not be considered to be in violation of
paragraph (1) if the person manufactures, sells,
supplies, offers for sale or supply, dispenses,
transports, or introduces into commerce, during any 1-
year period, motor vehicle gasoline that contains a
concentration of sulfur that is greater than 40 but
less than or equal to 80 parts per million per gallon
of gasoline, if the average concentration of sulfur in
the motor vehicle gasoline manufactured, sold,
supplied, offered for sale or supply, dispensed,
transported, or introduced into commerce by the person
during the period is less than 30 parts per million per
gallon of gasoline.
``(C) Regulations.--The Administrator shall
promulgate such regulations as are necessary to carry
out this paragraph.
``(2) Lower sulfur concentration.--The Administrator may
promulgate regulations to establish maximum and average
allowable sulfur concentrations in motor vehicle gasoline that
are lower than the concentrations specified in paragraph (1) if
the Administrator determines that--
``(A) research conducted after the date of
enactment of this subparagraph indicates that
significant air quality benefits would result from a
reduction in allowable sulfur concentration in motor
vehicle gasoline; or
``(B) advanced vehicle technologies have been
developed that can significantly reduce emissions of
air pollutants from motor vehicles but that require
motor vehicle gasoline with a lower concentration of
sulfur than that specified in paragraph (1).''.
(b) Penalties and Injunctions.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1), by striking ``or (n)'' each place it
appears and inserting ``(n), or (o)''; and
(2) in paragraph (2), by striking ``and (n)'' each place it
appears and inserting ``(n), and (o)''.
SEC. 4. REPORTS TO CONGRESS.
Not later than 6 years, and not later than 8 years, after the date
of enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to Congress a report that documents the
effects of use of low sulfur motor vehicle gasoline on urban and
regional air quality. | Clean Gasoline Act of 1998 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline.
Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon.
Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than such concentrations if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act.
Prescribes penalties for violations of this Act.
Requires the Administrator to report to the Congress on the effects of the use of low sulfur motor vehicle gasoline on urban and regional air quality within six and eight years of this Act's enactment date. | {"src": "billsum_train", "title": "Clean Gasoline Act of 1998"} | 1,700 | 299 | 0.537885 | 1.578058 | 0.668489 | 4.237736 | 5.90566 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Advisor and Contractor
Integrity Act''.
SEC. 2. PREVENTING CONFLICTS OF INTEREST.
Subpart 2 of part E of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at
the end the following:
``SEC. 9537. PREVENTING CONFLICTS OF INTEREST.
``(a) Service on Advisory Committees.--
``(1) Screening process for advisory committee
candidates.--
``(A) In general.--The Secretary shall establish a
screening process to address conflicts of interest on
the part of an individual who is being considered for
service on an advisory committee established or used by
the Secretary in the administration of this Act or any
part of this Act.
``(B) Factors.--In addition to the disclosure
requirements of the Ethics in Government Act of 1978 (5
U.S.C. App. 38), the screening process shall consider
whether an individual has--
``(i) a past (withing the preceding 3
years) or present professional affiliation with
an organization that promotes a pedagogical
approach that is linked to specific products or
services;
``(ii) a past (within the preceding 3
years) or present involvement with a State
educational agency or a local educational
agency that may receive funds under this Act;
or
``(iii) a past (within the preceding 3
years) or present direct or an indirect
financial interest in a product or service that
may, in fact or appearance, compromise the
integrity of the advice or recommendations of
the individual.
``(C) Waivers.--
``(i) In general.--Where an individual
being considered for service on an advisory
committee described in paragraph (1) has a
conflict of interest, the Secretary may, in
consultation with the Office of General
Counsel, grant an exemption pursuant to section
208(b)(3) of title 18, United States Code, if,
considering the additional requirements of this
subsection--
``(I) the Secretary can demonstrate
that the conflict does not compromise
the integrity, in fact or in
appearance, of the efforts of the
advisory committee;
``(II) the conflict can be
sufficiently mitigated; and
``(III) the Secretary can
demonstrate that reasonable efforts
were made to identify alternate
individuals not having a conflict.
``(ii) Reporting.--The Secretary shall
provide to the Congress an annual report
containing information on any exemption granted
under clause (i) to an advisory committee
member, which shall include--
``(I) the identity of each exempted
individual;
``(II) a detailed description of
the conflict of interest;
``(III) a detailed description of
the efforts made to identify alternate
individuals; and
``(IV) a detailed description of
the conflict mitigation efforts.
``(2) Advisory committee members.--
``(A) Policies and procedures.--The Secretary shall
work with the Office of Government Ethics pursuant to
the Ethics in Government Act of 1978 (5 U.S.C. App. 38)
to develop policies and procedures to address conflicts
of interest on the part of an individual who is serving
on an advisory committee described in paragraph (1),
including, at a minimum, the adoption of an alternative
confidential financial disclosure form for such
individual.
``(B) Special government employees.--An individual
who is serving on an advisory committee described in
paragraph (1) shall be considered a special Government
employee, as defined in section 202(a) of title 18,
United States Code, for purposes of chapter 11 of part
I of such title.
``(3) Secretariat.--Prior to the convening of any group of
individuals who will serve in a capacity to render advice or
recommendations to the Secretary, the Secretary shall consult
with the Committee Management Secretariat within the General
Services Administration to obtain advice as to the
applicability of Federal Advisory Committee Act (5 U.S.C. App.
1).
``(4) Definition.--For purposes of this subsection, the
term `advisory committee' has the meaning given such term in
section 3(2) of the Federal Advisory Committee Act (5 U.S.C.
App. 1).
``(b) Technical Assistance.--
``(1) Screening process for technical assistance provider
candidates.--
``(A) In general.--The Secretary shall establish a
screening process to address conflicts of interest on
the part of individuals who, and entities that, are
being considered for service as a technical assistance
provider in the administration of this Act or any part
of this Act.
``(B) Elements.--The screening process shall
consider, among other factors, whether an individual or
entity has--
``(i) a past (withing the preceding 3
years) or present professional affiliation with
an organization that promotes a pedagogical
approach that is linked to specific products or
services;
``(ii) a past (within the preceding 3
years) or present involvement with a State
educational agency or a local educational
agency that may receive funds under this Act;
or
``(iii) a past (within the preceding 3
years) or present direct or an indirect
financial interest in a product or service that
may, in fact or in appearance, compromise the
integrity of the technical assistance being
provided.
``(2) Requirements for contracting.--
``(A) Prior to award.--The Secretary shall require
that, prior to awarding a technical assistance
contract, potential technical assistance providers--
``(i) provide documentary evidence that the
technical assistance provider will adopt and
effectively implement policies and procedures
to address conflicts of interest; and
``(ii) disclose any conflicts of interest.
``(B) Contract terms.--All technical assistance
contracts shall require the technical assistance
provider--
``(i) to implement fully the conflicts of
interest policies and procedures provided to
the Secretary prior to awarding of the
contract;
``(ii) to ensure that any subcontracted
individuals or entities, at any tier, adopt and
implement the same policies and procedures as
the primary technical assistance provider; and
``(iii) to report to the Secretary any
previously unidentified conflicts and the
measures taken to avoid or mitigate such
conflicts not later than 10 days after becoming
aware of such a conflict.
``(3) Monitoring.--The Secretary shall develop and
implement a process to continually monitor whether technical
assistance providers are appropriately implementing their
conflict of interest policies and procedures.
``(4) Definition.--For the purposes of this subsection, the
term `technical assistance provider' means any entity or
individual providing technical assistance in the administration
of this Act, or any part of this Act, directly or indirectly,
to the Secretary, or on behalf of the Secretary, including--
``(A) a contractor; and
``(B) a contractor's subsidiaries, subcontractors,
employees, and other agents and affiliates.
``(c) Deadline.--The Secretary shall carry out the duties described
in this section not later than 180 days after the date of the enactment
of this section.''. | Educational Advisor and Contractor Integrity Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to establish a screening process to address conflicts of interest on the part of individuals being considered for service on advisory committees used in the Act's administration.
Authorizes the Secretary to grant an exemption to individuals that have a conflict of interest if: (1) the conflict does not compromise the integrity, in fact or appearance, of the committee's efforts; (2) the conflict can be sufficiently mitigated; and (3) reasonable efforts were made to identify alternate conflict-free individuals.
Considers such advisory committee members to be special government employees for purposes of the federal criminal code.
Directs the Secretary to: (1) work with the Office of Government Ethics to develop policies and procedures to address conflicts of interest on the part of advisory committee members, including the adoption of an alternative confidential financial disclosure form for such members; and (2) seek advice, before convening an advisory group, from the Committee Management Secretariat within the General Services Administration (GSA) as to the applicability of the Federal Advisory Committee Act.
Requires the Secretary to screen potential providers of technical assistance under the Act for conflicts of interest and implement a process for continually monitoring whether technical assistance providers are appropriately implementing required conflicts of interest policies and procedures. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to address conflicts of interest associated with use of advisory committees and technical assistance providers in the administration of such Act."} | 1,582 | 275 | 0.641263 | 1.957104 | 0.869822 | 3.279693 | 5.743295 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Energy Research, Development,
and Demonstration Act of 2003''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Cost and performance goals.--The term ``cost and
performance goals'' means the cost and performance goals
established under section 101(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--COAL RESEARCH AND DEVELOPMENT
SEC. 101. COAL AND RELATED TECHNOLOGIES PROGRAMS.
(a) Establishment of Cost and Performance Goals.--
(1) In general.--The Secretary shall perform an assessment
that identifies cost and performance goals, for achievement in
2007, 2015, and the years after 2020, for technologies that
would permit the continued cost-competitive use of coal for
electricity generation, as chemical feedstocks, and as
transportation fuel.
(2) Consultation.--In establishing the cost and performance
goals under this subsection, the Secretary shall--
(A) consider activities and studies undertaken by
industry in cooperation with the Department of Energy
in support of the assessment performed under paragraph
(1); and
(B) consult with interested entities, including
coal producers, industries using coal, organizations to
promote coal and advanced coal technologies,
environmental organizations, and organizations
representing workers.
(3) Timing.--The Secretary shall--
(A) not later than 120 days after the date of
enactment of this Act, issue a set of draft cost and
performance goals for public comment; and
(B) not later than 180 days after the date of
enactment of this Act, after taking into consideration
any public comments received, transmit to Congress the
final cost and performance goals.
(b) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter
through 2016, the Secretary, in cooperation with other
appropriate Federal agencies, shall conduct and transmit to the
Congress a study to--
(A) identify technologies that, by themselves or in
combination with other technologies, may be capable of
achieving the cost and performance goals;
(B) assess the costs that would be incurred by, and
the period of time that would be required for, the
development and demonstration of technologies that, by
themselves or in combination with other technologies,
contribute to the achievement of the cost and
performance goals;
(C) develop recommendations for technology
development programs, which the Department of Energy
could carry out in cooperation with industry, to
develop and demonstrate technologies that, by
themselves or in combination with other technologies,
achieve the cost and performance goals; and
(D) develop recommendations for additional
authorities required to achieve the cost and
performance goals and review and recommend changes, if
any, to those cost and performance goals if the
Secretary determines that such changes are necessary as
a result of ongoing research, development, and
demonstration of technologies.
(2) Expert advice.--In carrying out this subsection, the
Secretary shall give due weight to the expert advice of
representatives of the entities described in subsection (a)(2)(B).
SEC. 102. PRODUCTION AND GENERATION OF COAL-BASED POWER.
(a) In General.--The Secretary shall carry out a technology
research, development, and demonstration program to facilitate
production and generation of coal-based power through methods and
equipment under--
(1) this title;
(2) the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.); and
(4) title XVI of the Energy Policy Act of 1992 (42 U.S.C.
13381 et seq.).
(b) Conditions.--The program described in subsection (a) shall be
designed to achieve the cost and performance goals.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary $200,000,000 for fiscal year 2005, $210,000,000 for fiscal
year 2006, and $220,500,000 for fiscal year 2007, to remain available
until expended, for carrying out the program under section 102, which
may include--
(1) innovations for existing plants;
(2) integrated gasification combined cycle;
(3) advanced combustion systems;
(4) turbines for synthesis gas derived from coal;
(5) carbon capture and sequestration research and
development;
(6) coal-derived transportation fuels and chemicals;
(7) solid fuels and feedstocks;
(8) advanced coal-related research; and
(9) advanced separation technologies.
(b) Limit on Use of Funds.--The Secretary shall not use funds
appropriated under this section until 30 days after the Secretary has
transmitted to the Congress a report describing the proposed use of
such funds and containing a plan that includes--
(1) a detailed description of how proposals, if any, will
be solicited and evaluated, including a list of all activities
expected to be undertaken;
(2) a detailed list of technical milestones for each coal
and related technology that will be pursued; and
(3) a description of how the programs for which such funds
are authorized will be carried out so as to complement and not
duplicate activities authorized under the Clean Coal Power
Initiative authorized under title II.
TITLE II--CLEAN COAL POWER INITIATIVE
SEC. 201. PROJECT CRITERIA.
(a) In General.--The Secretary shall provide funding under this
title for coal energy generation projects that advance efficiency,
environmental performance, and cost competitiveness well beyond the
level of technologies that on a full scale are in operation or have
been demonstrated as of the date of enactment of this Act.
(b) Technical Criteria for Clean Coal Power Initiative.--
(1) Gasification.--
(A) Technologies.--In allocating the funds made
available under section 204(a), the Secretary shall
ensure that up to 80 percent of the funds are used for
coal-based gasification technologies, including
gasification combined cycle, gasification fuel cells,
gasification coproduction, and hybrid gasification/
combustion projects.
(B) Technical milestones.--The Secretary shall set
technical milestones specifying emissions levels for
projects funded under this paragraph. The milestones
shall be designed to increasingly restrict emissions
levels through the life of the program. The milestones
shall be designed to achieve by 2020 coal gasification
projects able--
(i) to remove 99 percent of sulfur dioxide;
(ii) to emit no more than .05 lb of
NO<INF>X</INF> per million BTU;
(iii) to achieve substantial reductions in
mercury emissions; and
(iv) to achieve a thermal efficiency of--
(I) 60 percent for coal of more
than 9,000 Btu;
(II) 59 percent for coal of 7,000
to 9,000 Btu; and
(III) 50 percent for coal of less
than 7,000 Btu.
(2) Other projects.--For projects not described in
paragraph (1), the Secretary shall set technical milestones
specifying emissions levels. The milestones shall be designed
to increasingly restrict emissions levels through the life of
the program. The milestones shall be designed to achieve by
2010 projects able--
(A) to remove 97 percent of sulfur dioxide;
(B) to emit no more than .08 lb of NO<INF>X</INF>
per million BTU;
(C) to achieve substantial reductions in mercury
emissions; and
(D) except as provided in paragraph (4), to achieve
a thermal efficiency of--
(i) 45 percent for coal of more than 9,000
Btu;
(ii) 44 percent for coal of 7,000 to 9,000
Btu; and
(iii) 40 percent for coal of less than
7,000 Btu.
(3) Consultation.--Before setting the technical milestones
under paragraphs (1)(B) and (2), the Secretary shall consult
with the Administrator of the Environmental Protection Agency
and interested entities, including coal producers, industries
using coal, organizations to promote coal or advanced coal
technologies, environmental organizations, and organizations
representing workers.
(4) Existing units.--In the case of projects at coal-
powered electricity generating facilities existing as of the
date of enactment of this Act, in lieu of the thermal
efficiency requirements set forth in paragraph (1)(B)(iv) and
(2)(D), the projects shall be designed to achieve an overall
thermal efficiency improvement, compared to the efficiency of
the unit as of the date of enactment of this Act, of not less
than--
(A) 7 percent for coal of more than 9,000 Btu;
(B) 6 percent for coal of 7,000 to 9,000 Btu; and
(C) 4 percent for coal of less than 7,000 Btu.
(5) Permitted uses.--In allocating amounts made available
under this title, the Secretary may fund projects that include
as part of the project the separation and capture of carbon
dioxide.
(c) Financial Criteria.--The Secretary shall not provide a funding
award under this title unless the recipient has documented to the
satisfaction of the Secretary that--
(1) the award recipient is financially viable without the
receipt of additional Federal funding;
(2) the recipient will provide sufficient information to
the Secretary for the Secretary to ensure that the award funds
are spent efficiently and effectively; and
(3) a market exists for the technology being demonstrated
or applied, as evidenced by statements of interest in writing
from potential purchasers of the technology.
(d) Financial Assistance.--The Secretary shall provide financial
assistance to projects that meet the requirements of subsections (a),
(b), and (c) and are likely to--
(1) achieve overall cost reductions in the utilization of
coal to generate useful forms of energy;
(2) improve the competitiveness of coal among various forms
of energy in order to maintain a diversity of fuel choices in
the United States to meet electricity generation requirements;
and
(3) demonstrate methods and equipment that are applicable
to 25 percent of the electricity generating facilities that use
coal as the primary feedstock as of the date of the enactment
of this Act.
(e) Federal Share.--The Federal share of the cost of a project
funded under this title shall not exceed 50 percent.
(f) Applicability.--No technology, or level of emission reduction,
shall be treated as adequately demonstrated for purposes of any other
statute solely by reason of the use of such technology, or the
achievement of such emission reduction, by one or more facilities
receiving assistance under this title, unless this title is
specifically referenced in such statute.
SEC. 202. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and once every 2 years thereafter through 2012, the Secretary, in
consultation with other appropriate Federal agencies, shall transmit to
the Congress a report describing--
(1) the technical milestones set forth in section 201 and
how those milestones ensure progress toward meeting the
requirements of subsections (b)(1)(B) and (b)(2) of section
201; and
(2) the status of projects funded under this title.
SEC. 203. CLEAN COAL CENTERS OF EXCELLENCE.
As part of the program authorized under this title, the Secretary
shall award competitive, merit-based grants to universities for the
establishment of Centers of Excellence for Energy Systems of the
Future. The Secretary shall provide grants to universities that can
show the greatest potential for advancing new clean coal technologies.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--Except as provided in subsection
(b), there are authorized to be appropriated to the Secretary to carry
out the activities authorized by this title $200,000,000 for each of
the fiscal years 2005 through 2013, to remain available until expended.
(b) Limit on Use of Funds.--
(1) Obligation of funds.--The Secretary is authorized to
obligate the use of funds under this section prior to the
fiscal year such funds are authorized for under subsection (a),
subject to appropriations.
(2) Report.--The Secretary shall transmit to the Congress a
report describing the proposed use of funds which includes--
(A) a detailed assessment of whether the aggregate
funding levels provided under subsection (a) are the
appropriate funding levels for this title;
(B) a detailed description of how proposals will be
solicited and evaluated, including a list of all
activities expected to be undertaken;
(C) a detailed list of technical milestones for
each technology that will be pursued; and
(D) a detailed description of how the initiative
under this title will avoid problems enumerated in
General Accounting Office reports on the Clean Coal
Technology Program, including problems that have
resulted in unspent funds and projects that failed
either financially or scientifically.
(3) Use of funds.--The Secretary may not use funds
appropriated under this section until 30 days have elapsed
after receipt of the report under paragraph (2).
(c) Applicability.--Subsection (b) shall not apply to any project
selected before September 30, 2004. | Coal Energy Research, Development, and Demonstration Act of 2003 - Instructs the Secretary of Energy to: (1) perform an assessment that identifies cost and performance goals of technologies permitting continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and the years after 2020; and (2) implement a technology research, development, and demonstration program to facilitate production and generation of coal-based power through methods and equipment under specified Federal law.Prescribes technical criteria for a clean coal power initiative under which the Secretary shall fund coal energy generation projects that advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that on a full scale are in operation or have been demonstrated to date.Instructs the Secretary to award competitive, merit-based grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future. | {"src": "billsum_train", "title": "To provide for research, development, and demonstration on coal and related technologies, and for other purposes."} | 2,889 | 193 | 0.601028 | 1.697462 | 0.838623 | 6.752874 | 15.264368 | 0.95977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Preservation and
Tobacco Advertising Compliance Act''.
SEC. 2. DISALLOWANCE OF TAX DEDUCTIONS FOR CERTAIN ADVERTISING,
PROMOTION, AND MARKETING EXPENSES RELATING TO TOBACCO
PRODUCT USE.
(a) In General.--Part IX of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to items not deductible)
is amended by adding at the end the following:
``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN TOBACCO ADVERTISING,
PROMOTION, AND MARKETING EXPENSES.
``(a) In General.--No deduction shall be allowed under this chapter
for any taxable year for any expenditure relating to advertising,
promoting, or marketing tobacco products if such advertising,
promoting, or marketing, or such expenditure is prohibited under the
following subsections.
``(b) Prohibition of Certain Advertising.--
``(1) Prohibition on outdoor advertising.--
``(A) In general.--No manufacturer, distributor, or
retailer may use any form of outdoor tobacco product
advertising, including billboards, posters, or
placards.
``(B) Stadia and arenas.--Except as otherwise
provided in this section, a manufacturer, distributor,
or retailer shall not advertise tobacco products in any
arena or stadium where athletic, musical, artistic, or
other social or cultural events or activities occur.
``(2) Prohibition on use of human images and cartoons.--No
manufacturer, distributor, or retailer may use a human image or
a cartoon character or cartoon-type character in its
advertising, labeling, or promotional material with respect to
a tobacco product.
``(3) Prohibition on advertising on the internet.--No
manufacturer, distributor, or retailer may use the Internet to
advertise tobacco products unless such an advertisement is
inaccessible in or from the United States.
``(4) Prohibition on point of sale advertising.--
``(A) In general.--Except as otherwise provided in
this paragraph, no manufacturer, distributor, or
retailer may use point of sale advertising of tobacco
products.
``(B) Adult only stores and tobacco outlets.--
Subparagraph (A) shall not apply to point of sale
advertising at adult only stores and tobacco outlets.
``(C) Permissible advertising.--
``(i) In general.--Each manufacturer of
tobacco products may display not more than 2
separate point of sale advertisements in or at
each location at which tobacco products are
offered for sale.
``(ii) Retailers.--No manufacturer,
distributor, or retailer may enter into any
arrangement with a retailer to limit the
ability of the retailer to display any form of
permissible point of sale advertisement or
promotional material originating with another
manufacturer, distributor, or retailer.
``(D) Limitations.--
``(i) In general.--A point of sale
advertisement permitted under this paragraph
shall be comprised of a display area that is
not larger than 576 square inches (either
individually or in the aggregate) and shall
consist only of black letters on a white
background or other recognized typographical
marks. Such advertisement shall not be attached
to nor located within 2 feet of any fixture on
which candy is displayed for sale.
``(ii) Audio and video formats.--Audio and
video advertisements otherwise permitted under
this section may be distributed to individuals
who are 18 years of age or older at point of
sale but may not be played or viewed at such
point of sale.
``(iii) Display fixtures.--Display fixtures
in the form of signs consisting of brand name
and price and not larger than 2 inches in
height are permitted.
``(c) Additional Restrictions.--
``(1) Restriction on product names.--A manufacturer shall
not use a trade or brand name of a nontobacco product as the
trade or brand name for a cigarette or smokeless tobacco
product, except for a tobacco product whose trade or brand name
was on both a tobacco product and a nontobacco product that
were sold in the United States on January 1, 1998.
``(2) Advertising limit actions.--
``(A) In general.--A manufacturer, distributor, or
retailer may in accordance with this section,
disseminate or cause to be disseminated advertising or
labeling which bears a tobacco product brand name
(alone or on conjunction with any other word) or any
other indicia of tobacco product identification only in
newspapers, in magazines, in periodicals or other
publications (whether periodic or limited
distribution), on billboards, posters and placards in
accordance with subsection (b)(1), in nonpoint of sale
promotional material (including direct mail), in point-
of-sale promotional material, and in audio or video
formats delivered at a point-of-sale.
``(B) Limitation.--A manufacturer, distributor, or
retailer that intends to disseminate, or to cause to be
disseminated, advertising or labeling for a tobacco
product in a medium that is not described in
subparagraph (A) shall notify the Secretary of Health
and Human Services not less than 30 days prior to the
date on which such medium is to be used. Such notice
shall describe the medium and discuss the extent to
which the advertising or labeling may be seen by
individuals who are under 18 years of age.
``(C) Action by secretary.--Not later than 30 days
after the date on which the Secretary receives a notice
under subparagraph (B), the Secretary shall make a
determination with respect to the action to be taken
concerning such notice.
``(3) Restriction on placement in entertainment media.--No
payment shall be made by any manufacturer, distributor, or
retailer for the placement of any tobacco product or tobacco
product package or advertisement--
``(A) as a prop in any television program or motion
picture produced for viewing by the general public; or
``(B) in a video or on a video game machine.
``(4) Restrictions on glamorization of tobacco products.--
No direct or indirect payment shall be made, or consideration
given, by any manufacturer, distributor, or retailer to any
entity for the purpose of promoting the image or use of a
tobacco product through print, film or broadcast media that
appeals to individuals under 18 years of age or through a live
performance by an entertainment artist that appeals to such
individuals.
``(d) Format and Content Requirements for Labeling and
Advertising.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), each manufacturer, distributor, or retailer advertising or
causing to be advertised, disseminating or causing to be
disseminated, any labeling or advertising for a tobacco product
shall use only black text on a white background.
``(2) Certain advertising excepted.--
``(A) In general.--Paragraph (1) shall not apply to
advertising--
``(i) in any facility where vending
machines and self-service displays are located
if the advertising involved--
``(I) is not visible from outside
of the facility; and
``(II) is affixed to a wall or
fixture in the facility;
``(ii) that appears in any publication
(whether periodic or limited distribution) that
is an adult publication.
``(B) Adult publication.--For purposes of
subparagraph (A)(ii), the term `adult publication'
means a newspaper, magazine, periodical, or other
publication--
``(i) whose readers under 18 years of age
constitute 15 percent or less of the total
readership as measured by competent and reliable survey evidence; and
``(ii) that is read by fewer than 2,000,000
individuals who are under 18 years of age as
measured by competent and reliable survey
evidence.
``(3) Audio or video formats.--Each manufacturer,
distributor or retailer advertising or causing to be advertised
any advertising for a tobacco product in an audio or video
format shall comply with the following:
``(A) With respect to an audio format, the
advertising shall be limited to words only with no
music or sound effects.
``(B) With respect to a video format, the
advertising shall be limited to static black text only
on a white background. Any audio with the video
advertising shall be limited to words only with no
music or sound effects.
``(e) Ban on Nontobacco Items and Services, Contests and Games of
Chance, and Sponsorship of Events.--
``(1) Ban on all non-tobacco merchandise.--No manufacturer,
importer, distributor, or retailer shall market, license,
distribute, sell or cause to be marketed, licensed, distributed
or sold any item (other than tobacco products) or service,
which bears the brand name (alone or in conjunction with any
other word), logo, symbol, motto, selling message, recognizable
color or pattern of colors, or any other indicia of product
identification similar or identifiable to those used for any
brand of tobacco products.
``(2) Gifts, contests, and lotteries.--No manufacturer,
distributor, or retailer shall offer or cause to be offered to
any person purchasing tobacco products any gift or item (other
than a tobacco product) in consideration of the purchase of
such products, or to any person in consideration of furnishing
evidence, such as credits, proofs-of-purchase, or coupons, of
such a purchase.
``(3) Sponsorship.--
``(A) In general.--No manufacturer, distributor, or
retailer shall sponsor or cause to be sponsored any
athletic, musical, artistic or other social or cultural
event, or any entry or team in any event, in which the
brand name (alone or in conjunction with any other
word), logo, motto, selling message, recognizable color
or pattern of colors, or any other indicia of product
identification similar or identical to those used for
tobacco products is used.
``(B) Use of corporate name.--A manufacturer,
distributor, or retailer may sponsor or cause to be
sponsored any athletic, musical, artistic, or other
social or cultural event in the name of the corporation
which manufactures the tobacco product if--
``(i) both the corporate name and the
corporation were registered and in use in the
United States prior to January 1, 1995; and
``(ii) the corporate name does not include
any brand name (alone or in conjunction with
any other word), logo, symbol, motto, selling
message, recognizable color or pattern of
colors, or any other indicia or product
identification identical or similar to, or
identifiable with, those used for any brand of
tobacco products.
``(f) Definitions.--For purposes of this section--
``(1) In general.--Any term used in this section which is
also used in section 5702 shall have the same meaning given
such term by section 5702.
``(2) Brand.--The term `brand' means a variety of a tobacco
product distinguished by the tobacco used, tar content,
nicotine content, flavoring used, size, filtration, or
packaging.
``(3) Distributor.--The term `distributor' means any person
who furthers the distribution of tobacco products, whether
domestic or imported, at any point from the original place of
manufacture to the person who sells or distributes the product
to individuals for personal consumption. Such term shall not
include common carriers.
``(4) Package.--The term `package' means a pack, box,
carton, or container of any kind in which tobacco products are
offered for sale, sold, or otherwise distributed to consumers.
``(5) Point of sale.--The term `point of sale' means any
location at which an individual can purchase or otherwise
obtain tobacco products for personal consumption.
``(6) Point of sale advertising.--The term `point of sale
advertising' means all printed or graphical materials bearing
the brand name (alone or in conjunction with any other word),
logo, motto, selling message, recognizable color or pattern of
colors, or any other indicia of product identification similar
or identical to those used for tobacco products, which, when
used for its intended purpose, can reasonably be anticipated to
be seen by customers at a location at which tobacco products
are offered for sale.
``(7) Retailer.--The term `retailer' means any person who
sells tobacco products to individuals for personal consumption,
or who operates a facility where vending machines or self-
service displays are located.
``(8) Video.--The term `video' means an audiovisual work
produced for viewing by the general public, such as a
television program, a motion picture, a music video, and the
audiovisual display of a video game.
``(9) Video game.--The term `video game' means any
electronic amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own
cathode ray tube, or is designed to be used with a television
set or a monitor, that interacts with the user of the
device.''.
(b) Conforming Amendment.--The table of sections for such part IX
is amended by adding after the item relating to section 280H the
following:
``Sec. 280I. Disallowance of
deduction for certain tobacco
advertising, promotion, and
marketing expenses.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Children's Health Preservation and Tobacco Advertising Compliance Act - Amends the Internal Revenue Code to disallow tax deductions for certain youth-oriented tobacco advertising, promotion, and marketing expenses. | {"src": "billsum_train", "title": "Children's Health Preservation and Tobacco Advertising Compliance Act"} | 3,030 | 42 | 0.516894 | 1.157619 | 0.892307 | 3.666667 | 84.030303 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Plan Clarification Act of
2015''.
SEC. 2. CHURCH PLAN CLARIFICATION.
(a) Application of Controlled Group Rules to Church Plans.--
(1) In general.--Section 414(c) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), for
purposes'', and
(B) by adding at the end the following new
paragraph:
``(2) Special rules relating to church plans.--
``(A) General rule.--Except as provided in
subparagraphs (B) and (C), for purposes of this
subsection and subsection (m), an organization that is
otherwise eligible to participate in a church plan
shall not be aggregated with another such organization
and treated as a single employer with such other
organization for a plan year beginning in a taxable
year unless--
``(i) one such organization provides
(directly or indirectly) at least 80 percent of
the operating funds for the other organization
during the preceding tax year of the recipient
organization, and
``(ii) there is a degree of common
management or supervision between the
organizations such that the organization
providing the operating funds is directly
involved in the day-to-day operations of the
other organization.
``(B) Nonqualified church-controlled
organizations.--Notwithstanding subparagraph (A), for
purposes of this subsection and subsection (m), an
organization that is a nonqualified church-controlled
organization shall be aggregated with 1 or more other
nonqualified church-controlled organizations, or with
an organization that is not exempt from tax under
section 501, and treated as a single employer with such
other organization, if at least 80 percent of the
directors or trustees of such other organization are
either representatives of, or directly or indirectly
controlled by, such nonqualified church-controlled
organization. For purposes of this subparagraph, the
term `nonqualified church-controlled organization'
means a church-controlled tax-exempt organization
described in section 501(c)(3) that is not a qualified
church-controlled organization (as defined in section
3121(w)(3)(B)).
``(C) Permissive aggregation among church-related
organizations.--The church or convention or association
of churches with which an organization described in
subparagraph (A) is associated (within the meaning of
subsection (e)(3)(D)), or an organization designated by
such church or convention or association of churches,
may elect to treat such organizations as a single
employer for a plan year. Such election, once made,
shall apply to all succeeding plan years unless revoked
with notice provided to the Secretary in such manner as
the Secretary shall prescribe.
``(D) Permissive disaggregation of church-related
organizations.--For purposes of subparagraph (A), in
the case of a church plan, an employer may elect to
treat churches (as defined in section 403(b)(12)(B))
separately from entities that are not churches (as so
defined), without regard to whether such entities
maintain separate church plans. Such election, once
made, shall apply to all succeeding plan years unless
revoked with notice provided to the Secretary in such
manner as the Secretary shall prescribe.''.
(2) Clarification relating to application of anti-abuse
rule.--The rule of 26 CFR 1.414(c)-5(f) shall continue to apply
to each paragraph of section 414(c) of the Internal Revenue
Code of 1986, as amended by paragraph (1).
(3) Effective date.--The amendments made by paragraph (1)
shall apply to years beginning before, on, or after the date of
the enactment of this Act.
(b) Application of Contribution and Funding Limitations to 403(b)
Grandfathered Defined Benefit Plans.--
(1) In general.--Section 251(e)(5) of the Tax Equity and
Fiscal Responsibility Act of 1982 (Public Law 97-248), is
amended--
(A) by striking ``403(b)(2)'' and inserting
``403(b)'', and
(B) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it
were a defined benefit plan under section 401(a) of
such Code (and not to the limitations of section 415(c)
of such Code).''.
(2) Effective date.--The amendments made by this subsection
shall apply to years beginning before, on, or after the date of
the enactment of this Act.
(c) Automatic Enrollment by Church Plans.--
(1) In general.--This subsection shall supersede any law of
a State that relates to wage, salary, or payroll payment,
collection, deduction, garnishment, assignment, or withholding
which would directly or indirectly prohibit or restrict the
inclusion in any church plan (as defined in section 414(e) of
the Internal Revenue Code of 1986) of an automatic contribution
arrangement.
(2) Definition of automatic contribution arrangement.--For
purposes of this subsection, the term ``automatic contribution
arrangement'' means an arrangement--
(A) under which a participant may elect to have the
plan sponsor or the employer make payments as
contributions under the plan on behalf of the
participant, or to the participant directly in cash,
(B) under which a participant is treated as having
elected to have the plan sponsor or the employer make
such contributions in an amount equal to a uniform
percentage of compensation provided under the plan
until the participant specifically elects not to have
such contributions made (or specifically elects to have
such contributions made at a different percentage), and
(C) under which the notice and election
requirements of paragraph (3), and the investment
requirements of paragraph (4), are satisfied.
(3) Notice requirements.--
(A) In general.--The plan sponsor of, or plan
administrator or employer maintaining, an automatic
contribution arrangement shall, within a reasonable
period before the first day of each plan year, provide
to each participant to whom the arrangement applies for
such plan year notice of the participant's rights and
obligations under the arrangement which--
(i) is sufficiently accurate and
comprehensive to apprise the participant of
such rights and obligations, and
(ii) is written in a manner calculated to
be understood by the average participant to
whom the arrangement applies.
(B) Election requirements.--A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to a participant unless--
(i) the notice includes an explanation of
the participant's right under the arrangement
not to have elective contributions made on the
participant's behalf (or to elect to have such
contributions made at a different percentage),
(ii) the participant has a reasonable
period of time, after receipt of the
explanation described in clause (i) and before
the first elective contribution is made, to
make such election, and
(iii) the notice explains how contributions
made under the arrangement will be invested in
the absence of any investment election by the
participant.
(4) Default investment.--If no affirmative investment
election has been made with respect to any automatic
contribution arrangement, contributions to such arrangement
shall be invested in a default investment selected with the
care, skill, prudence, and diligence that a prudent person
selecting an investment option would use.
(5) Effective date.--This subsection shall take effect on
the date of the enactment of this Act.
(d) Allow Certain Plan Transfers and Mergers.--
(1) In general.--Section 414 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(z) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be
includible in gross income by reason of--
``(A) a transfer of all or a portion of the accrued
benefit of a participant or beneficiary, whether or not
vested, from a church plan that is a plan described in
section 401(a) or an annuity contract described in
section 403(b) to an annuity contract described in
section 403(b), if such plan and annuity contract are
both maintained by the same church or convention or
association of churches,
``(B) a transfer of all or a portion of the accrued
benefit of a participant or beneficiary from an annuity
contract described in section 403(b) to a church plan
that is a plan described in section 401(a) or an
annuity contract described in section 403(b), if such
plan and annuity contract are both maintained by the
same church or convention or association of churches,
or
``(C) a merger of a church plan that is a plan
described in section 401(a), or an annuity contract
described in section 403(b) with an annuity contract
described in section 403(b), if such plan and annuity
contract are both maintained by the same church or
convention or association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a
transfer or merger unless the participant's or beneficiary's
total accrued benefit immediately after the transfer or merger
is equal to or greater than the participant's or beneficiary's
total accrued benefit immediately before the transfer or
merger, and such total accrued benefit is nonforfeitable after
the transfer or merger.
``(3) Qualification.--A plan or annuity contract shall not
fail to be considered to be described in sections 401(a) or
403(b) merely because such plan or annuity contract engages in
a transfer or merger described in this subsection.
``(4) Definitions.--For purposes of this subsection:
``(A) Church or convention or association of
churches.--The term `church or convention or
association of churches' includes an organization
described in subparagraph (A) or (B)(ii) of subsection
(e)(3).
``(B) Annuity contract.--The term `annuity
contract' includes a custodial account described in
section 403(b)(7) and a retirement income account
described in section 403(b)(9).
``(C) Accrued benefit.--The term `accrued benefit'
means--
``(i) in the case of a defined benefit
plan, the employee's accrued benefit determined
under the plan, and
``(ii) in the case of a plan other than a
defined benefit plan, the balance of the
employee's account under the plan.''.
(2) Effective date.--The amendment made by this subsection
shall apply to transfers or mergers occurring after the date of
the enactment of this Act.
(e) Investments by Church Plans in Collective Trusts.--
(1) In general.--In the case of--
(A) a church plan (as defined in section 414(e) of
the Internal Revenue Code of 1986), including a plan
described in section 401(a) of such Code and a
retirement income account described in section
403(b)(9) of such Code, and
(B) an organization described in section
414(e)(3)(A) of such Code the principal purpose or
function of which is the administration of such a plan
or account,
the assets of such plan, account, or organization (including
any assets otherwise permitted to be commingled for investment
purposes with the assets of such a plan, account, or
organization) may be invested in a group trust otherwise
described in Internal Revenue Service Revenue Ruling 81-100 (as
modified by Internal Revenue Service Revenue Rulings 2004-67,
2011-1, and 2014-24), or any subsequent revenue ruling that
supersedes or modifies such revenue ruling, without adversely
affecting the tax status of the group trust, such plan,
account, or organization, or any other plan or trust that
invests in the group trust.
(2) Effective date.--This subsection shall apply to
investments made after the date of the enactment of this Act. | Church Plan Clarification Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax treatment of church pension plans, to: (1) provide that an organization otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with it unless one such organization provides at least 80% of the operating funds for the other organization during the recipient organization's preceding tax year and there is a degree of common management or supervision between the organizations, (2) adopt benefit accrual limitations for church defined benefit plans established before 1982, and (3) allow transfers and mergers of qualified church retirement plans. The bill also: (1) preempts any state law relating to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding that would directly or indirectly prohibit or restrict the inclusion in any church plan of an automatic contribution arrangement; and (2) allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings). | {"src": "billsum_train", "title": "Church Plan Clarification Act of 2015"} | 2,734 | 218 | 0.609023 | 1.707408 | 0.868443 | 3.952153 | 11.755981 | 0.91866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childproof Handgun Act of 1999''.
SEC. 2. HANDGUN SAFETY.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35)(A) The term `childproof' means, with respect to a
firearm that is a handgun, a handgun that incorporates within
its design and as part of its original manufacture technology
that--
``(i) automatically limits the operational use of
the handgun;
``(ii) is not capable of being readily deactivated;
and
``(iii) ensures that the handgun may only be fired
by an authorized or recognized user.
``(B) The technology referred to in subparagraph (A)
includes--
``(i) radio tagging;
``(ii) touch memory;
``(iii) remote control;
``(iv) fingerprint;
``(v) magnetic encoding; and
``(vi) other automatic user identification systems
that utilize biometrics, mechanical, or electronic
systems.
``(36) The term `locking device' means--
``(A) a device that, if installed on a firearm and
secured by means of a key or a mechanically,
electronically, or electromechanically operated
combination lock, prevents the firearm from being
discharged without first deactivating or removing the
device by means of a key or mechanically,
electronically, or electromechanically operated
combination lock; or
``(B) a locking mechanism incorporated into the
design of a firearm that prevents discharge of the
firearm by any person who does not have access to the
key or other device designed to unlock the mechanism
and thereby allow discharge of the firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
``(z) Childproof Handguns.--
``(1) In general.--Except as provided in paragraph (2),
beginning 3 years after the date of enactment of the Childproof
Handgun Act of 1999, it shall be unlawful for any licensed
manufacturer, licensed importer, or licensed dealer to sell,
deliver, or transfer any handgun to any person other than a
licensed manufacturer, licensed importer, or licensed dealer,
unless the handgun is childproof.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a handgun; or
``(ii) transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off-duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State, of a handgun for purposes of law enforcement
(whether on or off-duty).''.
``(aa) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of enactment of the Childproof
Handgun Act of 1999, it shall be unlawful for any licensed
manufacturer, licensed importer, or licensed dealer to sell,
deliver, or transfer any handgun--
``(A) to any person other than a licensed
manufacturer, licensed importer, or licensed dealer,
unless the transferee is provided with a locking device
for that handgun; or
``(B) to any person, unless the handgun is
accompanied by the following warning, which shall
appear in conspicuous and legible type in capital
letters, and which shall be printed on a label affixed
to the gun and on a separate sheet of paper included
within the packaging enclosing the handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A
HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a handgun; or
``(ii) transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off-duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State, of a handgun for purposes of law enforcement
(whether on or off-duty).''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f) or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Failure To Provide for Childproof
Handguns or Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of
subparagraph (A) or (B) of section 922(z)(1) or
subparagraph (A) or (B) of section 922(aa)(1) by a
licensee, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Secretary.''.
SEC. 3. GRANTS TO IMPROVE GUN SAFETY.
(a) In General.--
(1) Grants.--Subject to the availability of appropriations,
the Attorney General, acting through the Director of the
National Institute of Justice (referred to in this section as
the ``Director''), shall make grants under this section for the
purpose specified in paragraph (2) to applicants that submit an
application that meets requirements that the Attorney General,
acting through the Director, shall establish.
(2) Purpose.--The purpose of a grant under this section
shall be to reduce violence caused by firearms through the
improvement of firearm safety technology, weapon detection
technology, or other technology.
(3) Consultation.--In making grants under this section, the
Attorney General, acting through the Director, shall consult
with appropriate employees of the National Institute of Justice
with expertise in firearms and weapons technology.
(b) Period of Grant.--A grant under this section shall be for a
period of not to exceed 3 years.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section
$10,000,000 for each of fiscal years 2000 through 2002. | Childproof Handgun Act of 1999 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed manufacturer, importer, or dealer, unless the handgun is childproof. Defines "childproof" as a handgun that incorporates within its design and as part of its original manufacture technology that: (1) automatically limits the operational use of the handgun; (2) is not capable of being readily deactivated; and (3) ensures that the handgun may only be fired by an authorized or recognized user.
Makes exceptions for: (1) the manufacture for, transfer to, or possession by the United States, a State, or a Federal, State, or local government department or agency of a handgun or the transfer to, or possession by, a law enforcement officer of a handgun for law enforcement purposes (whether on or off-duty); and (2) the transfer to, or possession by, a certified or commissioned rail police officer of a handgun for law enforcement purposes.
Prohibits a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to any person: (1) other than a licensed manufacturer, importer, or dealer, unless the transferee is provided with a locking device for that handgun; and (2) unless the handgun is accompanied by a specified warning on a label affixed to the gun and on a separate sheet within the packaging, regarding proper locking and storage, penalties, and possession by minors, with the above exceptions.
Sets penalties for failure to provide for childproof handguns and for locking devices and warnings.
Directs the Attorney General to make grants to applicants that submit an application that meets specified requirements to reduce violence caused by firearms through the improvement of firearm safety technology, weapon detection technology, or other technology.
Authorizes appropriations. | {"src": "billsum_train", "title": "Childproof Handgun Act of 1999"} | 1,910 | 429 | 0.654089 | 1.879839 | 0.744384 | 4.214477 | 4.426273 | 0.91689 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2010''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new clause:
``(xi) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
The previous sentence shall not affect the timely submission of
the report required under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out
the previous subsections of this section, including
section 205(c)(2)(C)(xi) of the Social Security Act, as
added by subsection (a), for each of the five fiscal
years beginning after the date of submittal of the
report under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1). | Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative). | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards."} | 991 | 163 | 0.613583 | 1.725308 | 0.738239 | 5.028571 | 6.557143 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Access to Medication and
Improving Health Savings Act of 2016''.
TITLE I--RESTORING ACCESS TO MEDICATION ACT OF 2016
SEC. 101. SHORT TITLE.
This title may be cited as the ``Restoring Access to Medication Act
of 2016''.
SEC. 102. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.
(a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of
1986 is amended by striking the last sentence.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f).
(d) Effective Date.--The amendments made by this section shall
apply to expenses incurred after December 31, 2016.
TITLE II--HEALTH CARE SECURITY ACT OF 2016
SEC. 201. SHORT TITLE.
This title may be cited as the ``Health Care Security Act of
2016''.
SEC. 202. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HEALTH SAVINGS ACCOUNT.
(a) In General.--Section 223(b)(5) of the Internal Revenue Code of
1986 is amended to read as follows:
``(5) Special rule for married individuals with family
coverage.--
``(A) In general.--In the case of individuals who
are married to each other, if both spouses are eligible
individuals and either spouse has family coverage under
a high deductible health plan as of the first day of
any month--
``(i) the limitation under paragraph (1)
shall be applied by not taking into account any
other high deductible health plan coverage of
either spouse (and if such spouses both have
family coverage under separate high deductible
health plans, only one such coverage shall be
taken into account),
``(ii) such limitation (after application
of clause (i)) shall be reduced by the
aggregate amount paid to Archer MSAs of such
spouses for the taxable year, and
``(iii) such limitation (after application
of clauses (i) and (ii)) shall be divided
equally between such spouses unless they agree
on a different division.
``(B) Treatment of additional contribution
amounts.--If both spouses referred to in subparagraph
(A) have attained age 55 before the close of the
taxable year, the limitation referred to in
subparagraph (A)(iii) which is subject to division
between the spouses shall include the additional
contribution amounts determined under paragraph (3) for
both spouses. In any other case, any additional
contribution amount determined under paragraph (3)
shall not be taken into account under subparagraph
(A)(iii) and shall not be subject to division between
the spouses.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
SEC. 203. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.
(a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(D) Treatment of certain medical expenses
incurred before establishment of account.--If a health
savings account is established during the 60-day period
beginning on the date that coverage of the account
beneficiary under a high deductible health plan begins,
then, solely for purposes of determining whether an
amount paid is used for a qualified medical expense,
such account shall be treated as having been
established on the date that such coverage begins.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to coverage beginning after December 31, 2016.
SEC. 204. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT
INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET
LIMITATION.
(a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting
``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
(b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended
by striking ``$4,500'' and inserting ``the amount in effect under
subsection (c)(2)(A)(ii)(II)''.
(c) Conforming Amendments.--Section 223(g)(1) of such Code is
amended--
(1) by striking ``subsections (b)(2) and'' both places it
appears and inserting ``subsection'', and
(2) by striking ``determined by'' in subparagraph (B)
thereof and all that follows through ```calendar year 2003'.''
and inserting ``determined by substituting `calendar year 2003'
for `calendar year 1992' in subparagraph (B) thereof .''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
TITLE III--PROTECTING TAXPAYERS BY RECOVERING IMPROPER OBAMACARE
SUBSIDY OVERPAYMENTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Protecting Taxpayers by Recovering
Improper Obamacare Subsidy Overpayments Act''.
SEC. 302. RECOVERY OF IMPROPER OVERPAYMENTS RESULTING FROM CERTAIN
FEDERALLY SUBSIDIZED HEALTH INSURANCE.
(a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(i) In general.--In the case of a
taxpayer whose household income is less than
300 percent of the poverty line for the size of
the family involved for the taxable year, the
amount of the increase under subparagraph (A)
shall in no event exceed the applicable dollar
amount determined in accordance with the
following table (one-half of such amount in the
case of a taxpayer whose tax is determined
under section 1(c) for the taxable year):
----------------------------------------------------------------------------------------------------------------
``If the household income (expressed as a
percent of poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%............................... $600
At least 200% but less than 250%............. $1,500
At least 250% but less than 300%............. $3,000.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
Passed the House of Representatives July 6, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Restoring Access to Medication and Improving Health Savings Act of 2016 This bill amends the Internal Revenue Code to modify the rules that apply to health savings accounts (HSAs) and overpayments of subsidies under the Patient Protection and Affordable Care Act. Restoring Access to Medication Act of 2016 The bill repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from HSAs, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs). Health Care Security Act of 2016 The bill modifies the rules for HSAs with respect to catch-up contributions for married couples, medical expenses incurred before an HSA is established, and contribution limits. If both spouses of a married couple have family coverage under a high deductible health plan, each spouse may make catch-up contributions to the same HSA. (Catch-up contributions are additional contributions which individuals who are at least 55 years of age may make to an HSA.) If an HSA is established within 60 days of the beginning of coverage under a high deductible health plan, any distribution from the HSA used to pay a qualified medical expense incurred during that 60-day period after the health coverage began is excludible from gross income. (Under current law, the medical expense must be incurred on or after the date that the HSA is established.) The bill increases the maximum contribution limits for HSAs to equal the maximum for the sum of the annual deductible and out-of-pocket expenses that may be required to be paid for covered benefits under a high deductible health plan. Protecting Taxpayers by Recovering Improper Obamacare Subsidy Overpayments Act The bill eliminates the limitation on the increase in tax imposed upon certain low-income families for advance payments of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit. | {"src": "billsum_train", "title": "Restoring Access to Medication and Improving Health Savings Act of 2016"} | 1,829 | 431 | 0.623773 | 1.930897 | 0.743459 | 2.246684 | 3.482759 | 0.809019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America First Act of 2006''.
SEC. 2. AMENDMENTS TO THE DEFENSE PRODUCTION ACT OF 1950.
(a) Notification to Congress.--Section 721(c) of the Defense
Production Act of 1950 (50 U.S.C. App. 2170(c)) is amended--
(1) in the heading, by inserting ``Notification
Requirements;'' before ``Confidentiality'';
(2) by inserting after the heading the following new
paragraph:
``(1) Notification to congress.--
``(A) Receipt of written notification.--Not later
than five days after receipt of written notification of
a proposed or pending merger, acquisition, or takeover
that may be subject to an investigation under
subsection (a) or is subject to an investigation under
subsection (b), the President or the President's
designee shall provide notice of the receipt of such
written notification to the Members of Congress
specified in subparagraph (D).
``(B) Commencement of investigation.--Not later
than one day after commencing an investigation under
subsection (a) or (b), the President or the President's
designee shall provide notice of the investigation and
relevant information regarding the proposed or pending
merger, acquisition, or takeover, including relevant
ownership records, to the Members of Congress specified
in subparagraph (D).
``(C) Access to investigation.--The President or
the President's designee shall--
``(i) provide responses in a timely manner
to any inquiries made by the Members of
Congress specified in subparagraph (D)
regarding an investigation carried out under
subsection (a) or (b); and
``(ii) notify such Members of Congress
promptly of the decision of the President or
the President's designee upon completion of the
investigation.
``(D) Members of congress.--The Members of Congress
referred to in this paragraph are the following:
``(i) The Speaker and Minority Leader of
the House of Representatives.
``(ii) The Majority and Minority Leader of
the Senate.
``(iii) The Chairmen and Ranking Members of
the Committee on Financial Services, the
Committee on Homeland Security, the Committee
on Armed Services, the Committee on Energy and
Commerce, the Committee on Transportation and
Infrastructure, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
``(iv) The Chairmen and Ranking Members of
the Committee on Finance, the Committee on
Homeland Security and Governmental Affairs, the
Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the
Select Committee on Intelligence of the Senate.
``(v) The Senators representing States and
the Members of Congress representing districts
affected by the proposed transaction.'';
(3) by striking ``Any information'' and inserting the
following new paragraph:
``(2) Confidentiality of information.--Any information'';
and
(4) by striking ``Nothing in this subsection'' and
inserting ``Nothing in this paragraph''.
(b) Technical Amendments.--Section 721 of the Defense Production
Act of 1950 (50 U.S.C. App. 2170) is amended--
(1) in subsection (d), by striking ``subsection (d)'' and
inserting ``subsection (e)'';
(2) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (d)''; and
(3) in subsection (g), by striking ``of this Act'' and
inserting ``of this section''.
(c) Effective Date.--The requirements of section 721(c)(1) of the
Defense Production Act of 1950, as added by subsection (a) of this
section, apply with respect to any written notification of a proposed
or pending merger, acquisition, or takeover that may be subject to an
investigation under section 721(a) of such Act or is subject to an
investigation under section 721(b) of such Act that is received on or
after the date of the enactment of this Act.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Committee on Foreign Investment in the United
States (CFIUS), established under Executive Order 11858 (40
Fed. Reg. 20263), should be transferred from the Department of
the Treasury to the Department of Homeland Security; and
(2) the Secretary of Homeland Security should serve as the
Chairman of CFIUS. | Protect America First Act of 2006 - Amends the Defense Production Act of 1950 to direct the President, no later than five days after receipt of written notification of a proposed or pending corporate merger, acquisition, or takeover by an individual controlled or acting on behalf of a foreign government and which may be subject to an investigation for national security purposes, to notify congressional leadership of the receipt of such notification. Requires the President, no later than one day after commencing such an investigation, to provide such leadership notification of the investigation and relevant information regarding the proposed or pending merger, acquisition, or takeover.
Expresses the sense of Congress that: (1) the Committee on Foreign Investment in the United States (CFIUS) should be transferred from the Department of the Treasury to the Department of Homeland Security (DHS); and (2) the Secretary of Homeland Security should serve as CFIUS Chairman. | {"src": "billsum_train", "title": "To amend the Defense Production Act of 1950 to require notification to Congress after receipt of written notification of proposed or pending mergers, acquisitions, or takeovers subject to investigation under such Act, and for other purposes."} | 1,019 | 187 | 0.596336 | 1.665037 | 0.764325 | 4.866279 | 5.430233 | 0.877907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on the
Organization of Petroleum Exporting Countries Act of 2016''.
SEC. 2. ESTABLISHMENT.
There is hereby established a commission to be known as the United
States Commission on the Organization of Petroleum Exporting Countries
(in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
(a) In General.--The Commission shall investigate any anti-
competitive involvement of the Organization of Petroleum Exporting
Countries (OPEC), its member nations, and affiliated entities in oil
markets and make recommendations to reduce the adverse impacts on the
United States of such involvement.
(b) Specific Duties.--The Commission shall--
(1) investigate behavior of OPEC, its member nations, and
affiliated entities, including national oil companies, designed
to disadvantage United States oil producers and secure market
power through anti-competitive behavior;
(2) assess the impact of OPEC's policies on United States
economic and energy security interests, including on innovation
in both energy production and the transportation of goods and
people;
(3) assess existing relationships of Federal agencies with
OPEC and the extent to which Federal officials are making
efforts to mitigate the impact of any potential anti-
competitive actions by OPEC; and
(4) produce recommendations on reducing the adverse impacts
on the United States of such activities, including through
policy reform in the areas of taxes, trade, defense, and
research and development, and diplomacy, among others.
SEC. 4. MEMBERS OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 16
members appointed by the President as follows:
(1) 4 members shall be appointed from among individuals
independently determined by the President to be qualified for
appointment.
(2) 4 members shall be appointed from a list of 8
individuals who shall be nominated by the majority leader of
the Senate in consultation with the chairman of the Committee
on Energy and Natural Resources of the Senate.
(3) 4 members shall be appointed from a list of 8
individuals who shall be nominated by the Speaker of the House
of Representatives in consultation with the chairman of the
Committee on Energy and Commerce and the chairman of the
Committee on Natural Resources of the House of Representatives.
(4) 2 members shall be appointed from a list of 4
individuals who shall be nominated by the minority leader of
the Senate in consultation with the ranking member of the
Committee on Energy and Natural Resources of the Senate.
(5) 2 members shall be appointed from a list of 4
individuals who shall be nominated by the minority leader of
the House of Representatives in consultation with the ranking
member of the Committee on Energy and Commerce and the ranking
member of the Committee on Natural Resources of the House of
Representatives.
(b) Qualifications.--
(1) In general.--In making appointments under this section,
the President shall give consideration to individuals who are
knowledgeable on energy issues, including oil market dynamics,
oil and gas exploration and production, crude oil refining, oil
and gas pipelines, transportation-related fuel consumption, oil
use efficiency, national security, foreign policy,
macroeconomics, labor, environment, logistics, shipping,
tourism, consumer goods, manufacturing, and tourism.
(2) Balance of expertise areas.--In making appointments
under this section, the President shall seek to ensure the
membership of the Commission is balanced by area of expertise
to the extent consistent with maintaining the highest level of
expertise on the Commission.
(3) U.S. citizen requirement.--Members of the Commission
shall be United States citizens.
(c) Timing of Appointments.--Appointments to the Commission shall
be made not later than 60 days after the date of enactment of this Act.
(d) Terms; Vacancies.--Each member shall be appointed for the
duration of the Commission. Any vacancy in the Commission shall not
affect its powers, and shall be filled in the manner in which the
original appointment was made.
(e) Chairman.--The chairman of the Commission shall be selected by
the President. The chairman of the Commission shall be responsible
for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditure of funds available to the
Commission.
(f) Meetings.--
(1) Administration.--All meetings of the Commission shall
be open to the public, except that a meeting or any portion of
it may be closed to the public if it concerns matters or
information described in section 552b(c) of title 5, United
States Code. Interested persons shall be permitted to appear at
open meetings and present oral or written statements on the
subject matter of the meeting. The Commission may administer
oaths or affirmations to any person appearing before it.
(2) Notice; minutes; public availability of documents.--
(A) Notice.--All open meetings of the Commission
shall be preceded by timely public notice in the
Federal Register of the time, place, and subject of the
meeting.
(B) Minutes.--Minutes of each meeting shall be kept
and shall contain a record of the people present, a
description of the discussion that occurred, and copies
of all statements filed. Subject to section 552 of
title 5, United States Code, the minutes and records of
all meetings and other documents that were made
available to or prepared for the Commission shall be
available for public inspection and copying at a single
location in the offices of the Commission.
(3) Initial meeting.--The Commission shall hold its first
meeting within 30 days after all members of the Commission have
been appointed.
SEC. 5. STAFFING AND RESOURCES.
(a) Staffing.--The chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary for the Commission to perform its duties. The executive
director shall be compensated at a rate not to exceed the rate payable
for Level IV of the Executive Schedule under chapter 53 of title 5,
United States Code. The chairman shall select staff from among
qualified individuals who are citizens of the United States.
(b) Resources.--In carrying out its duties under section 3, the
Commission--
(1) is authorized to secure directly from any Federal
department or agency any information it deems necessary to
carry out its functions under this Act, and each such
department or agency is authorized to cooperate with the
Commission and, to the extent permitted by law, to furnish such
information (other than information described in section
552(b)(1)(A) of title 5, United States Code) to the Commission,
upon the request of the Commission;
(2) may enter into contracts, subject to the availability
of appropriations for contracting, and employ such staff
experts and consultants as may be necessary to carry out the
duties of the Commission, as provided by section 3109 of title
5, United States Code; and
(3) shall establish a multidisciplinary science and
technical advisory panel of experts in the field of energy to
assist the Commission in preparing its report, including
ensuring that the scientific and technical information
considered by the Commission is based on the best information
available.
SEC. 6. REPORT.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commission shall submit to Congress and the President
a report of its findings and recommendations regarding the activities
required by section 3.
(b) Administrative Procedure for Report and Review.--Chapter 5 and
chapter 7 of title 5, United States Code, do not apply to the
preparation, review, or submission of the report required by subsection
(a).
SEC. 7. TERMINATION.
The Commission shall terminate not later than 90 days after the
date on which the Commission submits its report under section 6.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000 for fiscal years 2017 and 2018.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.
SEC. 9. POLICY RECOMMENDATIONS.
Not later than 90 days after receiving the report of the Commission
under section 6, the President shall submit to Congress a statement of
proposals to implement or respond to the Commission's recommendations
contained in the report. | United States Commission on the Organization of Petroleum Exporting Countries Act of 2016 This bill establishes the United States Commission on the Organization of Petroleum Exporting Countries (OPEC) to investigate and address any practices on the part of OPEC that prevent or reduce competition in the global oil market. The Commission shall be composed of a bipartisan group of 16 experts on energy and related matters chosen by the leadership of both parties in Congress and appointed by the President. All members of the Commission must be U.S. citizens. The bill requires the Commission to: determine whether the anti-competitive behavior of OPEC is designed to disadvantage U.S. oil producers; assess the impact of OPEC's policies on U.S. economic and energy security interests; assess how federal agencies are working to alleviate the potential negative impacts of OPEC's behavior; and produce policy recommendations for tax, trade, defense, diplomacy, and other areas where OPEC's behavior is found to cause adverse impacts. The Commission must submit a report of its findings and recommendations to Congress and the President within 12 months. The Commission shall terminate within 90 days after submission of its report. On receipt of the Commission's report, the President will have 90 days to submit Congress a proposal to implement or respond to the recommendations. | {"src": "billsum_train", "title": "United States Commission on the Organization of Petroleum Exporting Countries Act of 2016"} | 1,783 | 275 | 0.660665 | 1.942403 | 0.752458 | 2.882845 | 7.196653 | 0.857741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Escapement of
Genetically Altered Salmon in the United States Act''.
SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON.
(a) Prohibition.--It shall be unlawful for a person--
(1) to ship, transport, offer for sale, sell, or purchase a
covered fish, or a product containing covered fish, in
interstate or foreign commerce;
(2) to have custody, control, or possession of, with the
intent to ship, transport, offer for sale, sell, or purchase a
covered fish, or a product containing covered fish, in
interstate or foreign commerce;
(3) to release a covered fish into a natural environment;
or
(4) to have custody, control, or possession of a covered
fish with the intent to release it into a natural environment.
(b) Exception.--Subsection (a) shall not apply to a fish, fish
part, or product--
(1) under confined use, or intended for confined use, for
scientific research;
(2) collected for the purpose of enforcing this Act; or
(3) if the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the Director of the U.S. Fish
and Wildlife Service and any other Federal, State, or tribal
entity the Under Secretary considers appropriate, reviews any
application requesting an action by a department or agency of
the Federal government to permit an act prohibited under
subsection (a), including any environmental assessment prepared
as part of that application, and--
(A) prepares a finding of no significant impact in
accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(B) finds the application to be consistent with an
environmental impact statement prepared by the Under
Secretary in accordance with section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332) that includes--
(i) an environmental risk analysis that
assesses the potential direct and indirect
impacts from escapement of covered fish on wild
and cultured fish stocks and environments that
may be exposed to such covered fish;
(ii) a failure mode and effects analysis
that quantitatively assesses the best- and
worst-case probabilities of failure of each
applicable confinement technique;
(iii) an assessment of the costs of control
or eradication of escaped covered fish; and
(iv) an assessment of the potential
economic damage in terms of loss of production
or sales to relevant wild and cultured fish
stocks and environments from the escapement of
covered fish.
(c) Environmental Impact Considerations.--
(1) Notice.--Each agency, department, or other unit of the
Federal government shall promptly notify the Under Secretary of
Commerce for Oceans and Atmosphere when an action involving
covered fish, or a product containing covered fish is first
identified.
(2) Ensuring compliance.--The Under Secretary of Commerce
for Oceans and Atmosphere, in cooperation with each Federal,
State, or tribal entity that the Under Secretary considers
appropriate, may monitor any mitigation measures proposed under
subsection (b)(3) to ensure implementation and compliance
therewith.
(3) Provisions as complementary.--The provisions of this
Act are in addition to, and shall not affect the operation of,
other Federal, State, or local laws regulating a covered fish,
or a product containing covered fish.
(d) Rules and Regulations.--The Secretary shall prescribe such
rules and regulations as the Secretary considers necessary to carry out
the provisions of this Act.
SEC. 3. ENFORCEMENT AND PENALTIES.
(a) Enforcement.--The Secretary of Commerce may enforce section 2
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties provided under sections 308, 309, 310, and 311 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858, 1859, 1860, and 1861).
(b) Penalties.--A person who violates section 2 shall be subject to
the penalties, and entitled to the privileges and immunities, under
sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861).
SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS.
Not later than 180 days after the date of enactment of this Act,
the Under Secretary of Commerce for Oceans and Atmosphere shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of the House of
Representatives the report under section 1007 of the Food and Drug
Administration Amendments Act of 2007 (21 U.S.C. 2106).
SEC. 5. DEFINITIONS.
In this Act:
(1) Confined use.--The term ``confined use'' means any
operation, undertaken within a secured, land-based facility,
that involves a covered fish controlled by specific measures
that effectively prevent the covered fish from having contact
with and impact on the external environment, including
biological and physical confinement measures.
(2) Covered fish.--The term ``covered fish'' means a salmon
or other anadromous or marine fish, live or dead, including the
gametes, fertilized eggs, offspring, and descendants thereof,
that is modified or produced through the application of
recombinant deoxyribonucleic acid (DNA) technologies, using DNA
from an organism's own genome or that of another species, which
overcome natural physiological reproductive barriers and which
are not techniques used in traditional breeding and selection.
(3) Finding of no significant impact.--The term ``finding
of no significant impact'' has the meaning given the term in
section 1508.13 of title 40, Code of Federal Regulations.
(4) Product.--The term ``product'' means an item
manufactured or produced for sale or use as food. | Prevention of Escapement of Genetically Altered Salmon in the United States Act - Prohibits a person from: (1) shipping, transporting, offering for sale, selling, or purchasing a covered fish, or a food product containing such fish, in interstate or foreign commerce; (2) having custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase such fish or food products, in interstate or foreign commerce; (3) releasing such fish into a natural environment; or (4) having custody, control, or possession of such fish with the intent to release it into a natural environment. Defines "covered fish" as a salmon or other anadromous or marine fish (live or dead, including the gametes, fertilized eggs, offspring, and descendants) that is modified or produced through the application of recombinant deoxyribonucleic acid (DNA) technologies, using DNA from an organism's own genome or that of another species, which overcome natural physiological reproductive barriers and which are not techniques used in traditional breeding and selection. Exempts from such prohibitions fish, fish parts, or products confined for scientific research or collected to enforce this Act. Sets forth an additional exception if the Under Secretary of Commerce for Oceans and Atmosphere, upon reviewing any application requesting a federal agency to permit activity prohibited by this Act: (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Directs each federal agency to promptly notify the Under Secretary when an action involving such covered fish or food products is first identified. Authorizes the Secretary of Commerce to enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act. | {"src": "billsum_train", "title": "Prevention of Escapement of Genetically Altered Salmon in the United States Act"} | 1,339 | 421 | 0.730547 | 2.435562 | 0.805474 | 5.372603 | 3.254795 | 0.912329 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperation to Meet
the Millennium Development Goals Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) At the United Nations Millennium Summit in 2000, the
United States joined more than 180 other countries in
committing to work toward goals to improve life for the world's
poorest people by 2015.
(2) Such goals include reducing the proportion of people
living on less than $1 per day by \1/2\, reducing child
mortality by \2/3\, and assuring basic education for all
children, while sustaining the environment upon which human
life depends.
(3) At the 2002 International Conference on Financing for
Development, the United States representative reiterated the
support of the United States for the Millennium Development
Goals and advocated, along with other international
participants, for a stronger focus on measurable outcomes
derived from a global partnership between developed and
developing countries.
(4) On March 22, 2002, President Bush stated, ``We fight
against poverty because hope is an answer to terror. We fight
against poverty because opportunity is a fundamental right to
human dignity. We fight against poverty because faith requires
it and conscience demands it. We fight against poverty with a
growing conviction that major progress is within our reach.''.
(5) The 2002 National Security Strategy of the United
States notes that ``a world where some live in comfort and
plenty, while half of the human race lives on less than $2 per
day, is neither just nor stable. Including all of the world's
poor in an expanding circle of development and opportunity is a
moral imperative and one of the top priorities of U.S.
international policy''.
(6) The National Commission on Terrorist Attacks Upon the
United States concluded that the Government of the United
States must offer an example of moral leadership in the world
and offer parents and their children a vision of the future
that emphasizes individual educational and economic opportunity
as essential to the efforts of the United States to defeat
global terrorism.
(7) The summit of the Group of Eight held during July 2005,
the United Nations summit held during September 2005, and the
Sixth Ministerial Conference of the World Trade Organization
scheduled to be held during December 2005 have provided and
will provide opportunities to measure and continue to pursue
progress on the Millennium Development Goals.
(8) The summit of the Group of Eight held July 6 through
July 8, 2005, in Gleneagles, Scotland, brought together the
countries that can make the greatest contribution to
alleviating extreme poverty in Africa, the region of the world
where extreme poverty is most prevalent.
(9) On June 11, 2005, the United States helped secure the
agreement of the Group of Eight Finance Ministers to cancel 100
percent of the debt obligations owed to the World Bank, African
Development Bank, and International Monetary Fund by countries
that are eligible for debt relief under the Highly Indebted
Poor Countries Initiative, the initiative established in 1996
by the World Bank and the International Monetary Fund for the
purpose of reducing the debt burdens of the world's poorest
countries, or under the Enhanced HIPC Initiative, as defined in
section 1625 of the International Financial Institutions Act
(22 U.S.C. 262p-8), which are poor countries that are on the
path to reform.
(10) The report prepared by the Commission for Africa and
issued by Prime Minister Tony Blair on March 11, 2005, entitled
``Our Common Interest'', called for coherence and coordination
in the development of an overarching package of actions to be
carried out by the countries of Africa and the international
community to address the complex interlocking issues that
challenge the continent, many of which have already been
addressed individually in previous summits and under the Africa
Action Plan enacted by the Group of Eight.
(11) The United States has recognized the need for
strengthened economic and trade opportunities, as well as
increased financial and technical assistance to Africa and
other countries burdened by extreme poverty, through
significant initiatives in recent years, including--
(A) the African Growth and Opportunity Act (19
U.S.C. 3701 et seq.) that has opened United States
markets to thousands of products from Africa;
(B) the President's Emergency Plan for AIDS Relief
developed under section 101 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7611), the major focus of which
has been on African countries;
(C) the Millennium Challenge Corporation
established under section 604 of the Millennium
Challenge Act of 2003 (22 U.S.C. 7703) that is in the
process of committing new and significant levels of
assistance to countries, including countries in Africa,
that are poor but show great promise for boosting
economic growth and bettering the lives of their
people; and
(D) the cancellation by the United States of 100
percent of the bilateral debt owed to the Untied States
by countries eligible for debt relief under the
Enhanced HIPC Initiative.
(12) The report prepared by the Commission for Africa
entitled ``Our Common Interest'' includes the following
findings:
(A) The people of Africa must demonstrate the
leadership necessary to address the governance
challenges they face, setting priorities that ensure
the development of effective civil and police services,
independent judiciaries, and strong parliaments, all of
which reinforce a stable and predictable economic
environment attractive to investment.
(B) Many leaders in Africa have pursued personal
self-interest rather than national goals, a tendency
that has been in some instances exacerbated and abetted
by the manipulation of foreign governments pursuing
their own agenda in the region to the detriment of the
people of Africa.
(C) More violent conflict has occurred in Africa
during the period between 1965 and 2005 than occurred
in any other continent during that period, and the
countries of Africa must engage on the individual,
national, and regional level to prevent and manage
conflict.
(D) The capacity to trade is constrained by a
derelict or nonexistent infrastructure in most African
countries as well as by the double-edged sword of
tariff and nontariff barriers to trade that complicate
markets and discourage investment both within and
beyond the continent.
(E) The local resources for investment in people
and the institutions necessary for good governance have
been squandered, misappropriated, and, to an
increasingly devastating effect, spent on servicing
debt to the developed world. Such resources should be
reoriented to serve the needs of the people through the
use of debt forgiveness and support for institutional
reform and internal capacity building.
(F) Failing to prevent conflict in Africa results
in incalculable costs to African development and
expense to the international community and the
investment in preventing conflict is a fraction of such
costs and expenses, in human, security, and financial
terms.
(G) Despite difficulties, there is optimism and
energy reflected in the scope of activities of
individuals such as 2004 Nobel Peace Prize recipient,
Wangari Maathai, as well as those of improved regional
organizations such as the African Union and the New
Partnership for Economic Development's Peer Review
Mechanism, and subregional entities such as the
Economic Community of West African States, the Inter-
Governmental Authority on Development, and the
potential of the Southern African Development
Community.
(H) Political reform in Africa has produced
results. For example, while in 1985 countries of sub-
Saharan Africa ruled by dictators were the norm, by
2005 dictatorships are a minority and democracy has new
life with governments chosen by the people increasing
fourfold since 1991.
(13) The report prepared by the Commission for Africa
entitled ``Our Common Interest'' includes the following
recommendations:
(A) At this vital moment when globalization and
growth, technology and trade, and mutual security
concerns allow, and common humanity demands, a
substantial tangible and coherent package of actions
should immediately be taken by the international
community, led by the most industrialized countries, in
partnership with the countries of Africa, to address
the poverty and underdevelopment of the African
continent.
(B) The people of Africa must take responsibility
and show courageous leadership in addressing problems
and taking ownership of solutions as the means for
ensuring sustainable development, while implementing
governance reform as an underlying prerequisite for
foreign assistance effectiveness.
(C) Each developed country has unique strengths and
capacity to add value to a comprehensive assistance
plan and should join their individual efforts to a
coherent whole that is more efficient and responsive to
Africa and the people of Africa.
(D) The international community must honor existing
commitments to strengthen African peacekeeping capacity
and go beyond those commitments to invest in more
effective prevention and nonmilitary means to resolve
conflict through such regional organizations as the
African Union and the subregional Economic Community
for West African States.
(E) A massive investment in physical infrastructure
should be made to support commerce, extend governance,
and provide opportunities for education, healthcare,
investment and growth.
(F) Donors and the governments of the countries of
Africa should devote substantial investment in the men
and women of Africa through the education and health
sectors, enabling and extending recent gains made to
reach far more broadly into remote regions.
(G) The public sector should actively engage the
private sector in driving growth through partnerships
by reforming the laws, bureaucracy, and infrastructure
necessary to maintain a climate that fosters investment
by developing public-private centers of excellence to
pursue such reforms.
(H) The countries of Africa must maximize the
participation of women in both business and government,
protect the rights of women, and work to increase the
number of women in leadership positions so as to
capitalize on the ability of women to deliver scarce
resources effectively and fairly.
(I) The international community must work together
to dismantle trade barriers, including the immediate
elimination of trade-distorting commodity support.
(J) International donors should strengthen
multilateral institutions in Africa to respond
appropriately to local and regional crises as well as
to promote economic development and ensure the people
of Africa are granted a stronger voice in international
forums.
(K) The international community must join in
providing creative incentives for commercial firms to
research and develop products that improve water,
sanitation, health, and the environment in ways that
would dramatically reduce suffering and increase
productive life-spans in Africa.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Group of eight.--The term ``Group of Eight'' means the
forum for addressing international economic, political, and
social issues attended by representatives of Canada, France,
Germany, Italy, Japan, Russia, the United Kingdom, and the
United States.
(3) Millennium development goals.--The term ``Millennium
Development Goals'' means the goals set out in United Nations
Millennium Declaration, resolution 55/2 adopted by the General
Assembly of the United Nations on September 8, 2000.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should continue to provide the leadership
shown at the summit of the Group of Eight held in July 2005 at
Gleneagles, Scotland, to continue to encourage other countries
to develop a true partnership to pursue the Millennium
Development Goals;
(2) the President should urge the Group of Eight to
consider the findings and recommendations contained in the
report prepared by the Commission for Africa entitled ``Our
Common Interest'', in partnership with the nations of Africa,
for the development of Africa;
(3) the Group of Eight, as well as governments of the
countries of Africa and regional organizations of such
governments, should reaffirm and honor the commitments made in
the Africa Action Plan enacted by the Group of Eight in
previous years; and
(4) the international community should continue to build
upon the progress made at the summit of the Group of Eight in
July 2005 and the United Nations summit in September 2005
toward achieving the Millennium Development Goals, and should
further enable such progress at the Sixth Ministerial
conference of the World Trade Organization scheduled for
December 2005.
SEC. 5. REPORT.
(a) Requirement.--Not later than 60 days after the date of the
conclusion of the Sixth Ministerial Conference of the World Trade
Organization that is scheduled to be held in Hong Kong from December 13
through December 18, 2005, the Secretary of State in consultation with
other appropriate United States and international agencies shall submit
a report to the appropriate congressional committees on the progress
the international community is making toward achieving the Millennium
Development Goals.
(b) Content.--The report required by subsection (a) shall include
the following:
(1) A review of the commitments made by the United States
and other members of the international community at the summit
of the Group of Eight in July 2005, the United Nations summit
in September 2005, and the Sixth Ministerial Conference of the
World Trade Organization scheduled for December 2005, that
pertain to the ability of the developing world to achieve the
Millennium Development Goals.
(2) A review of United States policies and progress toward
achieving the Millennium Development Goals by 2015, as well as
policies to provide continued leadership in achieving such
goals by 2015.
(3) An evaluation, to the extent possible, of the
contributions of other national and international actors in
achieving the Millennium Development Goals by 2015.
(4) An assessment of the likelihood that the Millennium
Development Goals will be achieved.
Passed the Senate December 22 (legislative day, December
21), 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1315
_______________________________________________________________________
AN ACT
To require a report on progress toward the Millennium Development
Goals, and for other purposes. | International Cooperation to Meet the Millennium Development Goals Act of 2005 - Expresses the sense of Congress that: (1) the President should continue to provide the leadership shown at the July 2005 summit of the Group of Eight to encourage other countries to pursue the Millennium Development Goals; (2) the President should urge the Group of Eight to consider the findings and recommendations contained in the report prepared by the Commission for Africa entitled "Our Common Interest"; (3) the Group of Eight, as well as governments of the countries of Africa and regional organizations of such governments, should honor the commitments made in the Group's Africa Action Plan; and (4) the international community should continue to build upon the progress made at the July 2005 summit and the September 2005 U.N. summit toward achieving the Millennium Development Goals, and should further enable such progress at the Sixth Ministerial conference of the World Trade Organization scheduled for December 2005.
Directs the Secretary of State to report to the Senate Committee on Foreign Relations and the House Committee on International Relations respecting the international community's progress toward achieving the Millennium Development Goals.
Requires the report to include: (1) a review of commitments made by the United States and other members of the international community concerning the ability of the developing world to achieve the Millennium Development Goals; (2) a review of U.S. policies and progress toward achieving the Millennium Development Goals by 2015, as well as policies to provide continued leadership in achieving such goals by 2015; (3) an evaluation of the contributions of other national and international actors in achieving the Millennium Development Goals by 2015; and (4) an assessment of the likelihood that the Millennium Development Goals will be achieved. | {"src": "billsum_train", "title": "A bill to require a report on progress toward the Millennium Development Goals, and for other purposes."} | 2,901 | 349 | 0.565022 | 1.874819 | 0.730604 | 6.501529 | 9.055046 | 0.978593 |
SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT
RELATING TO HUMAN SEX TRAFFICKING.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$4,000,000 for fiscal year 2008 for the purpose of establishing
an office within the Internal Revenue Service to investigate
and prosecute violations of the internal revenue laws by
persons that appear to be engaged in conduct in violation of
section 1591(a), section 2421, section 2422, subsection (a),
(d), or (e) of section 2423, or section 1952 of title 18,
United States Code, or the laws of any State or territory that
prohibit the promotion of prostitution or any commercial sex
act (as such term is defined in section 1591(c)(1) of title 18,
United States Code).
(2) Availability.--Any amounts appropriated pursuant to the
authority of paragraph (1) shall remain available for fiscal
year 2009.
(b) Additional Funding for Operations of Office.--Unless
specifically appropriated otherwise, there is authorized to be
appropriated and is appropriated to the office established under
subsection (a)(1) for fiscal years 2008 and 2009 for the administration
of such office an amount equal to the amount of any tax under chapter 1
of the Internal Revenue Code of 1986 (including any interest) collected
during such fiscal years as the result of the actions of such office,
plus any civil or criminal monetary penalties imposed under such Code
relating to such tax and so collected.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall report to the
Committee of Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the enforcement activities of the
office established under subsection (a)(1) and shall include any
recommendations for statutory changes to assist in future prosecutions
under this section.
(d) Applicability of Whistleblower Awards to Victims of Human Sex
Trafficking.--For purposes of making an award under paragraph (1) or
(2) of section 7623(b) of the Internal Revenue Code of 1986 with
respect to information provided by victims of any person convicted of
violating section 1591(a), section 2421, section 2422, subsection (a),
(d), or (e) of section 2423, or section 1952 of title 18, United States
Code, or the laws of any State or territory that prohibit the promotion
of prostitution or any commercial sex act (as such term is defined in
section 1591(c)(1) of title 18, United States Code), the determination
of whether such person is described in such paragraph shall be made
without regard to paragraph (3) of section 7623(b) of such Code.
SEC. 2. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE
UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD.
(a) In General.--
(1) Attempt to evade or defeat tax.--Section 7201 (relating
to attempt to evade or defeat tax) is amended--
(A) by striking ``$100,000 ($500,000'' and
inserting ``$500,000 ($1,000,000'', and
(B) by striking ``5 years'' and inserting ``10
years''.
(2) Willful failure to file return, supply information, or
pay tax.--
(A) In general.--Section 7203 (relating to willful
failure to file return, supply information, or pay tax)
is amended--
(i) in the first sentence--
(I) by striking ``Any person'' and
inserting the following:
``(a) In General.--Any person'', and
(II) by striking ``$25,000'' and
inserting ``$50,000'',
(ii) in the third sentence, by striking
``section'' and inserting ``subsection'', and
(iii) by adding at the end the following
new subsection:
``(b) Aggravated Failure to File.--
``(1) In general.--In the case of any failure described in
paragraph (2), the first sentence of subsection (a) shall be
applied by substituting--
``(A) `felony' for `misdemeanor',
``(B) `$500,000 ($1,000,000' for `$50,000
($100,000', and
``(C) `10 years' for `1 year'.
``(2) Failure described.--A failure described in this
paragraph is--
``(A) a failure to make a return described in
subsection (a) for a period of 3 or more consecutive
taxable years if the aggregate tax liability for such
period is not less than $100,000, or
``(B) a failure to make a return if the tax
liability giving rise to the requirement to make such
return is attributable to an activity which is a felony
under any State or Federal law.''.
(B) Penalty may be applied in addition to other
penalties.--Section 7204 (relating to fraudulent
statement or failure to make statement to employees) is
amended by striking ``the penalty provided in section
6674'' and inserting ``the penalties provided in
sections 6674 and 7203''.
(3) Fraud and false statements.--Section 7206 (relating to
fraud and false statements) is amended--
(A) by striking ``$100,000 ($500,000'' and
inserting ``$500,000 ($1,000,000'', and
(B) by striking ``3 years'' and inserting ``5
years''.
(b) Increase in Monetary Limitation for Underpayment or Overpayment
of Tax Due to Fraud.--Section 7206 (relating to fraud and false
statements), as amended by subsection (a)(3), is amended--
(1) by striking ``Any person who--'' and inserting ``(a) In
General.--Any person who--'', and
(2) by adding at the end the following new subsection:
``(b) Increase in Monetary Limitation for Underpayment or
Overpayment of Tax Due to Fraud.--If any portion of any underpayment
(as defined in section 6664(a)) or overpayment (as defined in section
6401(a)) of tax required to be shown on a return is attributable to
fraudulent action described in subsection (a), the applicable dollar
amount under subsection (a) shall in no event be less than an amount
equal to such portion. A rule similar to the rule under section 6663(b)
shall apply for purposes of determining the portion so attributable.''.
(c) Effective Date.--The amendments made by this section shall
apply to actions, and failures to act, occurring after the date of the
enactment of this Act. | Authorizes appropriations to establish an office in the Internal Revenue Service (IRS) to investigate and prosecute violations of tax laws by individuals under investigation for criminal commercial sex activity.
Amends the Internal Revenue Code to increase criminal monetary and other penalties for attempts to evade or defeat tax, willful failure to file a tax return, supply information, or pay tax, aggravated failure to file tax returns, fraud and false statements, and underpayment or overpayment of tax due to fraud. | {"src": "billsum_train", "title": "To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to commercial sex acts, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud."} | 1,545 | 109 | 0.448556 | 1.166907 | 0.559756 | 3.4 | 14.988889 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Opportunity Tax Credit Act
of 2009''.
SEC. 2. COLLEGE OPPORTUNITY TAX CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope scholarship credit) is amended by redesignating
subsection (i) as subsection (j) and by inserting after subsection (h)
the following new subsection:
``(i) College Opportunity Tax Credit.--In the case of any taxable
year beginning in 2009 or 2010--
``(1) Hope scholarship credit.--
``(A) Increase in credit.--The Hope scholarship
credit shall be an amount equal to the sum of--
``(i) 100 percent of so much of the
qualified tuition and related expenses paid by
the taxpayer during the taxable year (for
education furnished to the eligible student
during any academic period beginning in such
taxable year) as does not exceed $2,000, plus
``(ii) 50 percent of such expenses so paid
as exceeds $2,000 but does not exceed $6,000.
``(B) Hope scholarship credit made refundable.--
``(i) In general.--The aggregate credits
allowed under subpart C shall be increased by
the amount of the credit which would be allowed
under this section--
``(I) by reason of subsection
(a)(1) (after the application of this
paragraph), and
``(II) without regard to this
subparagraph and the limitation under
section 26(a) or paragraph (3), as the
case may be.
``(ii) Treatment of credit.--The amount of
the credit allowed under this subparagraph
shall not be treated as a credit allowed under
this subpart and shall reduce the amount of
credit otherwise allowable under subsection (a)
without regard to section 26(a) or paragraph
(3), as the case may be.
``(C) Credit allowed for 4 years.--Subparagraphs
(A) of subsection (b)(2) shall be applied by
substituting `4' for `2'.
``(D) Credit allowed for any year of post-secondary
education.--Subsection (b)(2) shall be applied without
regard to subparagraph (C).
``(2) Lifetime learning credit.--
``(A) In general.--In the case of any student for
whom an election is in effect under this paragraph for
any taxable year, the Lifetime Learning Credit for such
taxable year is an amount equal to the sum of--
``(i) 40 percent of so much of the
qualified tuition and related expenses paid by
the taxpayer during the taxable year (for
education furnished to the student during any
academic period beginning in such taxable year)
as does not exceed $1,000, plus
``(ii) 20 percent of such expenses so paid
as exceeds $1,000 but does not exceed the
applicable limit.
``(B) Applicable limit.--For purposes of
subparagraph (A)(ii), the applicable limit for any
taxable year is an amount equal to 3 times the dollar
amount in effect under subparagraph (A)(i) for such
taxable year.
``(C) Special rules for determining expenses.--
``(i) Coordination with hope scholarship
credit.--The qualified tuition and related
expenses taken into account with respect to a
student under subsection (a)(1) for the taxable
year shall not be taken into account under this
paragraph.
``(ii) Expenses for job skills courses
allowed.--For purposes of subparagraph (A),
qualified tuition and related expenses shall
include expenses described in subsection (f)(1)
with respect to any course of instruction at an
eligible educational institution to acquire or
improve job skills of the student.
``(3) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowed under this
subpart (other than this section and sections 23, 24,
and 25B) and section 27 for the taxable year.''.
(b) Technical Amendment.--Section 1324(b) of title 31, United
States Code, is amended by inserting ``25B(i)(1)(B)'' before ``35''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | College Opportunity Tax Credit Act of 2009 - Amends the Internal Revenue Code to increase in 2009 and 2010: (1) the Hope Scholarship tax credit to allow a refundable credit for 100% of qualified tuition and related expenses up to $2,000 and for 50% of such expenses between $2,000 and $6,000; and (2) the lifetime learning tax credit to allow a nonrefundable tax credit for 40% of qualified tuition and related expenses up to $1,000 and for 20% of such expenses between $1,000 and $3,000. Allows the Hope Scholarship tax credit for four years of undergraduate coursework (currently, two years). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a college opportunity tax credit."} | 1,029 | 119 | 0.623321 | 1.614153 | 0.618716 | 1.917355 | 7.77686 | 0.826446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Power Production Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) electric power utilities are a source of air pollutant
emissions such as nitrogen oxides (NO<INF>x), sulfur dioxide
(SO<INF>2), and anthropogenic emissions of carbon dioxide
(CO<INF>2), a greenhouse gas;
(2) the electric utility industry is entering a period of
restructuring and deregulation in numerous States, regions, and
Federal administrative bodies;
(3) the opportunities for increased competition offers
potentially significant economic benefits to all classes of
consumers; however there remains a substantial risk of
increased emissions and environmental damages due to changed
operating procedures and market characteristics among electric
utility generators;
(4) studies have raised concerns regarding the likely
impacts of electric utility restructuring on the environment,
in particular, proposed restructuring actions which may be
taken by the Federal Energy Regulatory Commission;
(5) there have been a number of proposals among States for
mitigating the environmental impacts of electric utility
restructuring, but no regional or national mitigating
strategies and policies have been developed or implemented;
(6) it is in the national interest to further examine the
entire range of environmental impacts associated with electric
utility restructuring and to develop additional, more
comprehensive strategies and policy recommendations for
addressing such impacts; and
(7) it is in the national interest for Federal and State
utility regulators, Federal and State environmental
authorities, and all other affected parties, to cooperate in
the formulation of new policies and procedures that will result
in no significant diminution in the quality of the national and
global environment as a consequence of electric utility
restructuring.
SEC. 3. ASSESSMENT OF ENVIRONMENTAL IMPACTS.
(a) In General.--The Administrator of the Environmental Protection
Agency (hereinafter in this Act referred to as the ``Administrator'')
shall undertake an assessment of the reasonable range of environmental
impacts associated with the likely outcomes of electric utility
restructuring within and among regions. The assessment shall consider
significant proposed State and Federal alterations of public utility
regulatory laws and the probable results of these alterations upon
emissions or on the environment, including emissions of air pollutants,
including pollutants for which standards are in effect under section
109 of the Clean Air Act, carbon dioxide and other greenhouse gases,
carbon; and significant land and water impacts.
(b) Consultation.--In performing the assessment under this section
the Administrator shall consult with the Secretary of Energy, the Chair
of the Federal Energy Regulatory Commission, the Chair of the Council
on Environmental Quality, and other Federal and State agency officials
as appropriate.
(c) Report.--The Administrator shall submit a report to Congress
within 6 months after the enactment of this Act containing the results
of the assessment under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administration for the fiscal year 1997 not more
than $1,000,000 to be used to carry out the assessment under this
section.
SEC. 4. COMMISSION.
(a) Establishment.--The Administrator and the Secretary of Energy
shall establish and co-chair a commission to be known as the Commission
for Environmental Mitigation of Electric Utility Restructuring
(hereinafter in this section referred to as ``the Commission''). The
Commission shall include a representative from the Council on
Environmental Quality, the Federal Energy Regulatory Commission, and
the Council of Economic Advisors.
(b) Purpose.--The purpose of the Commission shall be to develop
strategies and policies, using the assessment prepared under section 3,
to mitigate the environmental impacts associated with electric utility
restructuring. The strategies and policies shall--
(1) not reduce the benefits of electric utility
restructuring;
(2) preserve or enhance the quality of competition in the
restructured industry, as well as preserving robust and fair
competition between other fuels and electricity;
(3) give due consideration to the impacts upon companies or
investors in companies that provide service in the existing or
restructured industry;
(4) rely to the maximum extent possible on voluntary
measures, economic incentives, and market based policies;
(5) be flexible and performance-based;
(6) fully mitigate all probable incremental environmental
impacts associated with electric utility restructuring;
(7) be consistent with the intent of existing State and
Federal environmental and siting statutes, policies, and
commitments; and
(8) assist the Nation in meeting its environmental,
economic, employment, and energy policy objectives, including
the efficient use of natural resources.
(c) Report.--Within 12 months after the enactment of this Act, the
Commission shall submit a report to Congress containing the
recommendations for strategies and policies developed under subsection
(b). The report shall include, at a minimum--
(1) recommendations for the alteration of existing Federal
environmental or regulatory statutes;
(2) recommendations concerning rules and procedures for the
operation of power pools, transmission groups, or other
coordinated power systems;
(3) recommendations concerning the need for regional and
interregional mechanisms or institutions; and
(4) options for Federal, regional, or model State policies
to fully or adequately mitigate the adverse environmental
impacts of restructuring.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for the fiscal years 1997 and 1998, $1,000,000 to the
Environmental Protection Agency and $1,000,000 to the Department of
Energy to carry out the duties of the Commission.
SEC. 5. EXISTING AUTHORITIES OF FERC AND STATES.
Nothing in this Act shall be construed to limit or otherwise
adversely affect the authority of the Federal Energy Regulatory
Commission to address the mitigation of adverse environmental impacts
in any rulemaking relating to the restructuring of the electric utility
industry, competition in wholesale energy markets, open transmission
access or any related matter. Nothing in this Act shall be construed to
limit or affect in any way the authority of States to examine or
address electric utility restructuring concerns and related
environmental issues that are within the jurisdiction of State
government authorities. | Clean Power Production Act - Instructs the Administrator of the Environmental Protection Agency to assess and report to the Congress on the reasonable range of environmental impacts associated with electric utility restructuring, including significant proposed State and Federal changes in public utility regulations and the probable results of such changes upon specified air pollutants and the environment.
Directs the Administrator and the Secretary of Energy to: (1) establish and co-chair the Commission for Environmental Mitigation of Electric Utility Restructuring to develop strategies and policies using such assessment to mitigate environmental impacts associated with such restructuring; and (2) report to the Congress on such strategies and policies.
Authorizes appropriations. | {"src": "billsum_train", "title": "Clean Power Production Act"} | 1,286 | 129 | 0.621435 | 1.793226 | 0.754996 | 2.97561 | 10.02439 | 0.910569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Opportunity Act of 2011''.
SEC. 2. ANGEL INVESTMENT TAX CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. ANGEL INVESTMENT TAX CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 25 percent of the qualified equity investments made by a
qualified investor during the taxable year.
``(b) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means any equity investment in a qualified small business
entity if--
``(A) such investment is acquired by the taxpayer
at its original issue (directly or through an
underwriter) solely in exchange for cash, and
``(B) such investment is designated for purposes of
this section by the qualified small business entity.
``(2) Equity investment.--The term `equity investment'
means--
``(A) any form of equity, including a general or
limited partnership interest, common stock, preferred
stock (other than nonqualified preferred stock as
defined in section 351(g)(2)), with or without voting
rights, without regard to seniority position and
whether or not convertible into common stock or any
form of subordinate or convertible debt, or both, with
warrants or other means of equity conversion, and
``(B) any capital interest in an entity which is a
partnership.
``(3) Redemptions.--A rule similar to the rule of section
1202(c)(3) shall apply for purposes of this subsection.
``(c) Qualified Small Business Entity.--For purposes of this
section--
``(1) In general.--The term `qualified small business
entity' means any domestic corporation or partnership if such
corporation or partnership--
``(A) is a small business (as defined in section
41(b)(3)(D)(iii)),
``(B) has its headquarters in the United States,
``(C) is engaged in a high technology trade or
business related to--
``(i) advanced materials, nanotechnology,
or precision manufacturing,
``(ii) aerospace, aeronautics, or defense,
``(iii) biotechnology or pharmaceuticals,
``(iv) electronics, semiconductors,
software, or computer technology,
``(v) energy, environment, or clean
technologies,
``(vi) forest products or agriculture,
``(vii) information technology,
communication technology, digital media, or
photonics,
``(viii) life sciences or medical sciences,
``(ix) marine technology or aquaculture,
``(x) transportation, or
``(xi) any other high technology trade or
business as determined by the Secretary,
``(D) has been in existence for less than 5 years
as of the date of the qualified equity investment,
``(E) employs less than 100 full-time equivalent
employees as of the date of such investment,
``(F) has more than 50 percent of the employees
performing substantially all of their services in the
United States as of the date of such investment, and
``(G) has equity investments designated for
purposes of this paragraph.
``(2) Designation of equity investments.--For purposes of
paragraph (1)(G), an equity investment shall not be treated as
designated if such designation would result in the aggregate
amount which may be taken into account under this section with
respect to equity investments in such corporation or
partnership exceeds--
``(A) $10,000,000, taking into account the total
amount of all qualified equity investments made by all
taxpayers for the taxable year and all preceding
taxable years,
``(B) $2,000,000, taking into account the total
amount of all qualified equity investments made by all
taxpayers for such taxable year, and
``(C) $1,000,000, taking into account the total
amount of all qualified equity investments made by the
taxpayer for such taxable year.
``(d) Qualified Investor.--For purposes of this section--
``(1) In general.--The term `qualified investor' means an
accredited investor, as defined by the Securities and Exchange
Commission, investor network, or investor fund who review new
or proposed businesses for potential investment.
``(2) Investor network.--The term `investor network' means
a group of accredited investors organized for the sole purpose
of making qualified equity investments.
``(3) Investor fund.--
``(A) In general.--The term `investor fund' means a
corporation that for the applicable taxable year is
treated as an S corporation or a general partnership,
limited partnership, limited liability partnership,
trust, or limited liability company and which for the
applicable taxable year is not taxed as a corporation.
``(B) Allocation of credit.--
``(i) In general.--Except as provided in
clause (ii), the credit allowed under
subsection (a) shall be allocated to the
shareholders or partners of the investor fund
in proportion to their ownership interest or as
specified in the fund's organizational
documents, except that tax-exempt investors
shall be allowed to transfer their interest to
investors within the fund in exchange for
future financial consideration.
``(ii) Single member limited liability
company.--If the investor fund is a single
member limited liability company that is
disregarded as an entity separate from its
owner, the credit allowed under subsection (a)
may be claimed by such limited liability
company's owner, if such owner is a person
subject to the tax under this title.
``(4) Exclusion.--The term `qualified investor' does not
include--
``(A) a person controlling at least 50 percent of
the qualified small business entity,
``(B) an employee of such entity, or
``(C) any bank, bank and trust company, insurance
company, trust company, national bank, savings
association or building and loan association for
activities that are a part of its normal course of
business.
``(e) National Limitation on Amount of Investments Designated.--
``(1) In general.--There is an angel investment tax credit
limitation of $500,000,000 for each of calendar years 2011
through 2015.
``(2) Allocation of limitation.--The limitation under
paragraph (1) shall be allocated by the Secretary among
qualified small business entities selected by the Secretary.
``(3) Carryover of unused limitation.--If the angel
investment tax credit limitation for any calendar year exceeds
the aggregate amount allocated under paragraph (2) for such
year, such limitation for the succeeding calendar year shall be
increased by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar year after
2020.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--Except as provided in paragraph (2), the credit which
would be allowed under subsection (a) for any taxable year
(determined without regard to this subsection) shall be treated
as a credit listed in section 38(b) for such taxable year (and
not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--In the case of an individual who
elects the application of this paragraph, for purposes
of this title, the credit allowed under subsection (a)
for any taxable year (determined after application of
paragraph (1)) shall be treated as a credit allowable
under subpart A for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subpart A for any
taxable year (determined after application of paragraph
(1)) by reason of subparagraph (A) shall not exceed the
excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section) and
section 27 for the taxable year.
``(C) Carryforward of unused credit.--If the credit
allowable under subsection (a) by reason of
subparagraph (A) exceeds the limitation imposed by
section 26(a)(1) or subparagraph (B), whichever is
applicable, for such taxable year, reduced by the sum
of the credits allowable under subpart A (other than
this section) for such taxable year, such excess shall
be carried to each of the succeeding 20 taxable years
to the extent that such unused credit may not be taken
into account under subsection (a) by reason of
subparagraph (A) for a prior taxable year because of
such limitation.
``(g) Special Rules.--
``(1) Related parties.--For purposes of this section--
``(A) In general.--All related persons shall be
treated as 1 person.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(2) Basis.--For purposes of this subtitle, the basis of
any investment with respect to which a credit is allowable
under this section shall be reduced by the amount of such
credit so allowed. This subsection shall not apply for purposes
of sections 1202, 1397B, and 1400B.
``(3) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified equity
investment which is held by the taxpayer less than 3 years,
except that no benefit shall be recaptured in the case of--
``(A) transfer of such investment by reason of the
death of the taxpayer,
``(B) transfer between spouses,
``(C) transfer incident to the divorce (as defined
in section 1041) of such taxpayer, or
``(D) a transaction to which section 381(a) applies
(relating to certain acquisitions of the assets of one
corporation by another corporation).
``(h) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section,
``(2) which impose appropriate reporting requirements, and
``(3) which apply the provisions of this section to newly
formed entities.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (35), by striking ``plus'';
(2) in paragraph (36), by striking the period at the end
and inserting ``, plus''; and
(3) by adding at the end the following new paragraph:
``(37) the portion of the angel investment tax credit to
which section 30E(f)(1) applies.''.
(c) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting
``, and'', and by inserting after paragraph (37) the following
new paragraph:
``(38) to the extent provided in section 30E(g)(2).''.
(2) Section 24(b)(3)(B) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(3) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(4) Section 25A(i)(5)(B) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(5) Section 25A(i)(5) of such Code is amended by inserting
``30E,'' after ``30D,''.
(6) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(7) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(8) Section 30(c)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(9) Section 30B(g)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(10) Section 30D(d)(2)(B)(ii) of such Code is amended by
striking ``and 25D'' and inserting ``, 25D, and 30E''.
(11) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(12) Section 1400C(d)(2) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(d) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30E. Angel investment tax credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2010, in taxable years
ending after such date.
(f) Regulations on Allocation of National Limitation.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Treasury or the Secretary's delegate shall prescribe
regulations which specify--
(1) how small business entities shall apply for an
allocation under section 30E(e)(2) of the Internal Revenue Code
of 1986, as added by this section,
(2) the competitive procedure through which such
allocations are made,
(3) the criteria for determining an allocation to a small
business entity, including--
(A) whether the small business entity is located in
a State that is historically underserved by angel
investors and venture capital investors,
(B) whether the small business entity has received
an angel investment tax credit, or its equivalent, from
the State in which the small business entity is located
and registered,
(C) whether small business entities in
low-, medium-, and high-population density States are
receiving allocations, and
(D) whether the small business entity has been
awarded a Small Business Innovative Research or Small
Business Technology Transfer grant from a Federal
agency,
(4) the actions that such Secretary or delegate shall take
to ensure that such allocations are properly made to qualified
small business entities, and
(5) the actions that such Secretary or delegate shall take
to ensure that angel investment tax credits are allocated and
issued to the taxpayer.
(g) Audit and Report.--Not later than January 31, 2014, the
Comptroller General of the United States, pursuant to an audit of the
angel investment tax credit program established under section 30E of
the Internal Revenue Code of 1986 (as added by subsection (a)), shall
report to Congress on such program, including all qualified small
business entities that receive an allocation of an angel investment
credit under such section. | American Opportunity Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for 25% of a qualified equity investment in a qualified small business entity. Defines "qualified small business entity" as a domestic corporation or partnership that: (1) is a small business headquarted in the United States, (2) is engaged in a high technology trade or business, (3) has been in existence for less than five years as of the date of the qualified equity investment, and (4) employs less than 100 full-time employees, more than 50% of whom perform substantially all of their services in the United States. Limits the dollar amount of such credit to $500 million for each of calendar years 2011 through 2015.
Requires: (1) the Secretary of the Treasury to prescribe regulations on the allocations of such credit to a small business entity, and (2) the Comptroller General to audit the investment tax credit program. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in small business concerns."} | 3,477 | 194 | 0.546687 | 1.443041 | 0.805047 | 3.745946 | 17.459459 | 0.913514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Sensible Regulation
Act of 2017''.
SEC. 2. EXEMPTIVE AUTHORITY FOR THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is
amended by adding at the end the following:
``(l) Exemptive Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Corporation, after considering the factors in
paragraph (3), may exempt by rule any depository institution
having less than $10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act that
confers authority to the Corporation.
``(2) Conditions.--The Corporation may impose conditions on
an exemption granted under paragraph (1).
``(3) Factors to consider.--In granting an exemption under
paragraph (1), the Corporation shall consider, as appropriate,
the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the depository
institution;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the depository institution; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(4) Indexation of asset threshold.--The asset threshold
identified in paragraph (1) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
SEC. 3. EXEMPTIVE AUTHORITY FOR THE OFFICE OF THE COMPTROLLER OF THE
CURRENCY.
(a) Exemptive Authority With Respect to National Banks.--Section
5239A of the Revised Statutes (12 U.S.C. 93a) is amended--
(1) by striking ``Except'' and inserting the following:
``(a) In General.--Except''; and
(2) by adding at the end the following:
``(b) Exemptive Authority.--
``(1) Definition.--In this subsection, the term `insured
depository institution' has the meaning given the term in
section 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)).
``(2) Exemption.--Notwithstanding any other provision of
law, the Comptroller of the Currency, after considering the
factors in paragraph (4), may exempt by rule any national bank
having less than $10,000,000,000 in total assets from--
``(A) any provision of this title;
``(B) any rule promulgated under this title; or
``(C) any rule promulgated under any other title or
Act that confers authority to the Comptroller.
``(3) Conditions.--The Comptroller of the Currency may
impose conditions on an exemption granted under paragraph (2).
``(4) Factors to consider.--In granting an exemption under
paragraph (2), the Comptroller of the Currency shall consider,
as appropriate, the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the national
bank;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the national bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Indexation of asset threshold.--The asset threshold
identified in paragraph (1) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
(b) Exemptive Authority With Respect to Savings Associations.--
Section 4(a) of the Home Owners' Loan Act (12 U.S.C. 1463(a)) is
amended by adding at the end the following:
``(4) Exemptive authority.--
``(A) Definition.--In this paragraph, the term
`insured depository institution' has the meaning given
the term in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)).
``(B) Exemption.--Notwithstanding any other
provision of law, the Comptroller, after considering
the factors in subparagraph (D), may exempt by rule any
savings association having less than $10,000,000,000 in
total assets from--
``(i) any provision of this Act;
``(ii) any rule promulgated under this Act;
or
``(iii) any rule promulgated under any
other Act that confers authority on the
Comptroller.
``(C) Conditions.--The Comptroller may impose
conditions on an exemption granted under subparagraph
(B).
``(D) Factors to consider.--In granting an
exemption under subparagraph (B), the Comptroller shall
consider, as appropriate, the extent to which--
``(i) the provision or rule would impose an
unnecessary or undue burden or cost on the
savings association;
``(ii) the provision or rule is unnecessary
or unwarranted in order to promote the safety
and soundness of the savings association; and
``(iii) the exemption is necessary,
appropriate, or consistent with the public
interest.
``(E) Indexation of asset threshold.--The asset
threshold identified in subparagraph (B) shall be
increased annually at a percentage equal to the
percentage change in the total aggregate assets of
insured depository institutions for each 12-month
period ending in December of each year, rounded to the
nearest $10,000,000.''.
SEC. 4. EXEMPTIVE AUTHORITY FOR THE BOARD OF GOVERNORS OF THE FEDERAL
RESERVE SYSTEM.
(a) Exemptive Authority With Respect to State Member Banks.--
Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended--
(1) by redesignating the second subsection (s) (relating to
assessments, fees, and other charges for certain companies) as
subsection (t); and
(2) by adding at the end the following:
``(u) Exemptive Authority.--
``(1) Definition.--In this section, the term `insured
depository institution' has the meaning given the term in
section 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any State member bank having less than
$10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act that
confers authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In granting an exemption under
paragraph (2), the Board shall consider, as appropriate, the
extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the State member
bank;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the State member bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.''.
``(5) Indexation of asset threshold.--The asset threshold
identified in paragraph (2) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''.
(b) Exemptive Authority With Respect to Bank Holding Companies.--
The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is
amended by adding at the end the following:
``SEC. 15. EXEMPTIVE AUTHORITY.
``(a) Definition.--In this section, the term `insured depository
institution' has the meaning given the term in section 3(c) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(c)).
``(b) Exemption.--Notwithstanding any other provision of law, the
Board, after considering the factors in subsection (d), may exempt by
rule any bank holding company having less than $10,000,000,000 in total
assets from--
``(1) any provision of this Act;
``(2) any rule promulgated under this Act; or
``(3) any rule promulgated under any other Act that confers
authority on the Board.
``(c) Conditions.--The Board may impose conditions on an exemption
granted under subsection (b).
``(d) Factors To Consider.--In granting an exemption under
subsection (b), the Board shall consider, as appropriate, the extent to
which--
``(1) the provision or rule would impose an unnecessary or
undue burden or cost on the bank holding company;
``(2) the provision or rule is unnecessary or unwarranted
in order to promote the safety and soundness of the bank
holding company; and
``(3) the exemption is necessary, appropriate, or
consistent with the public interest.
``(e) Indexation of Asset Threshold.--The asset threshold
identified in subsection (b) shall be increased annually at a
percentage equal to the percentage change in the total aggregate assets
of insured depository institutions for each 12-month period ending in
December of each year, rounded to the nearest $10,000,000.''.
(c) Exemptive Authority for Savings and Loan Holding Companies and
Mutual Holding Companies.--Section 10 of the Home Owners' Loan Act (12
U.S.C. 1467a) is amended by adding at the end the following:
``(u) Exemptive Authority.--
``(1) Definitions.--In this subsection--
``(A) the term `insured depository institution' has
the meaning given the term in section 3(c) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and
``(B) the term `mutual holding company' has the
meaning given the term in subsection (o)(10)(A).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any savings and loan holding company or any
mutual holding company having less than $10,000,000,000 in
total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act that
confers authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In granting an exemption under
paragraph (2), the Board shall consider the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the savings and
loan holding company or the mutual holding company;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the savings and loan holding company or
the mutual holding company; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Limitation.--The authority granted to the Board under
paragraph (2) shall not apply with respect to a savings and
loan holding company described in subsection (c)(9)(C).
``(6) Indexation of asset threshold.--The asset threshold
identified in paragraph (2) shall be increased annually at a
percentage equal to the percentage change in the total
aggregate assets of insured depository institutions for each
12-month period ending in December of each year, rounded to the
nearest $10,000,000.''. | Community Bank Sensible Regulation Act of 2017 This bill amends federal finance laws to allow federal financial regulatory agencies to exempt from their regulatory purview, based on consideration of specified factors, certain depository institutions with less than $10 billion in assets. | {"src": "billsum_train", "title": "Community Bank Sensible Regulation Act of 2017"} | 2,748 | 78 | 0.460312 | 1.097558 | 0.638109 | 1.25 | 61.75 | 0.6 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TARP Accountability Act of 2009''.
SEC. 2. ENHANCED REPORTING ON USE OF TARP FUNDS.
Section 105 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5215(a)) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) a detailed report on the use of capital investments
by each financial institution, including--
``(A) a narrative response, in a form and on a date
to be established by the Secretary, specifically
outlining, with respect to the financial institution--
``(i) the original intended use of the TARP
funds;
``(ii) whether the TARP funds are
segregated from other institutional funds;
``(iii) the actual use of the TARP funds to
date;
``(iv) the amount of TARP funds retained
for the purpose of recapitalization; and
``(v) the expected use of the remainder of
the TARP funds;
``(B) information compiled by the Secretary under
subsection (b); and
``(C) a report, in a form and on a date to be
established by the Secretary, on the compliance by the
financial institution with the restrictions on
dividends, stock repurchases, and executive
compensation under the Security Purchase Agreement and
executive compensation guidelines of the Department of
Treasury.'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Information Provided by Financial Institutions.--
``(1) In general.--For purposes of the report of the
Secretary required by subsection (a)(4), financial institutions
assisted under this title shall provide to the Secretary the
information required by paragraph (2), at such times and in
such manner as the Secretary shall establish.
``(2) Information required.--Information required by this
paragraph is--
``(A) for those financial institutions receiving
$1,000,000,000 or more from the Capital Purchase
Program established by the Secretary (or any successor
thereto), a monthly lending and intermediation
snapshot, as of a date to be established by the
Secretary, which shall include--
``(i) quantitative information, as well as
commentary, to explain changes in lending
levels for each category on consumer lending,
including first mortgages, home equity lines of
credit, open end credit plans (as that term is
defined in section 103 of the Truth in Lending
Act (15 U.S.C. 1602)), and other consumer
lending;
``(ii) quantitative information, as well as
commentary, to explain changes in lending
levels for each category on commercial lending,
including commercial and industrial (C&I)
lending and real estate;
``(iii) quantitative information, as well
as commentary, to explain changes in lending
levels for each category on other lending
activities, including mortgage-backed
securities, asset-backed securities, and other
secured lending; and
``(iv) a narrative report of the
intermediation activity during the reporting
period, including a general commentary on the
lending environment, loan demand, any changes
in lending standards and terms, and any other
intermediation activity; and
``(B) for those financial institutions receiving
less than $1,000,000,000 from the Capital Purchase
Program established by the Secretary (or any successor
thereto), a lending and intermediation snapshot, as of
a date to be established by the Secretary, but not more
frequently than once every 90 days, including the
information described in clauses (i) through (iv) of
subparagraph (A).
``(3) Certification required.--The information submitted to
the Secretary under this subsection shall be signed by a duly
authorized senior executive officer of the financial
institution, including a statement certifying the accuracy of
all statements, representations, and supporting information
provided, and such certifications shall be included in the
reports submitted by the Secretary under subsection (a)(4).''. | TARP Accountability Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 to require that the Secretary of the Treasury's 30-day Troubled Asset Relief Program (TARP) reports to Congress include information on the use of capital investments by each financial institution. | {"src": "billsum_train", "title": "A bill to enhance disclosures regarding the use of funds under the Troubled Asset Relief Program, and for other purposes."} | 940 | 60 | 0.59313 | 1.382071 | 0.876058 | 3.020408 | 18.653061 | 0.816327 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Bay Water Reuse Program Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
each of--
(A) the Sonoma Valley County Sanitation District,
Sonoma, California;
(B) the Napa Sanitation District, Napa, California;
(C) the City of American Canyon, California;
(D) the Las Gallinas Valley Sanitary District, San
Rafael, California;
(E) the Novato Sanitary District, Novato,
California;
(F) the City of Petaluma, California; and
(G) the Sonoma County Water Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. NORTH BAY WATER REUSE PROGRAM.
(a) In General.--The Secretary may, through a cooperative agreement
with the State of California or a subdivision thereof, participate in
the planning, design, and construction of water reclamation and reuse
projects including water quality improvement, waste water treatment,
water reclamation and reuse, groundwater recharge and protection,
surface water augmentation, and other improvements with eligible
entities in the North San Pablo Bay watershed in Napa, Sonoma, Marin,
and Solano Counties, California.
(b) Coordination With Other Federal Agencies.--In carrying out this
section, the Secretary shall, to the greatest degree practicable, build
upon the design work and environmental evaluation undertaken by non-
Federal entities and by the Corps of Engineers in the San Pablo Bay
Watershed, California.
(c) Cooperative Agreements.--All planning, design, and construction
of a recycled water project authorized by this Act shall be undertaken
in accordance with a cooperative agreement between the Secretary and
the eligible entity for the project. Such cooperative agreement shall
set forth in a manner acceptable to the Secretary the responsibilities
of the eligible entity for--
(1) needs assessment;
(2) 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.
(d) Financial Assistance.--Upon execution of a cooperative
agreement under this section, the Secretary may provide to the eligible
entity, on the basis described in section 4, the funds authorized,
through direct loans, loan guarantees, or grants.
SEC. 4. COST SHARING.
(a) Federal Assistance.--The Federal share of a project funded
under this Act shall not exceed 65 percent of the total cost for
planning, environmental evaluation, and construction of the project.
(b) Non-Federal Cost Share.--
(1) In general.--Except as provided in subsection (c), the
non-Federal cost share of the costs of a project funded under
this Act shall be no less than 35 percent total cost for
planning, environmental evaluation, and construction of the
project.
(2) Credit for non-federal work.--The non-Federal interests
with respect to a project funded under this Act shall receive
credit toward the non-Federal share of the cost of the
project--
(A) for reasonable costs incurred by the non-
Federal interests as a result of participation in the
planning, design, and construction of the project; and
(B) for the fair-market value of lands utilized for
project facilities and owned by eligible entities.
(c) Operation and Maintenance.--The non-Federal share of operation
and maintenance costs of a project funded under this Act shall be 100
percent.
(d) Federal Assistance for Environmental Improvement and
Enhancement.--
(1) Initial development.--The Secretary shall make grants
and other funds available to eligible entities for the initial
development of environmental improvement and enhancement
components of the North Bay Water Reuse Program.
(2) Nonreimbursable.--Grants provided under this Act shall
be nonreimbursable and not subject to repayment.
SEC. 5. WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or any
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or groundwater,
whether determined by past or future interstate compacts or
final judicial allocations;
(3) preempts or modifies any State or Federal law, or
interstate compact, governing water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any groundwater resource.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $65,000,000, to remain available until expended. | North Bay Water Reuse Program Act of 2005 - Authorizes the Secretary of the Interior to participate in the planning, design, and construction of water reclamation and reuse projects with eligible entities in the North San Pablo Bay watershed located in Napa, Sonoma, Marin, and Solano Counties, California.
Requires: (1) the Secretary, in carrying out such reclamation and reuse projects, to build upon the design work and environmental evaluation undertaken by non-Federal entities and by the Corps of Engineers to the greatest degree practicable; and (2) all planning, design, and construction of recycled water projects to be undertaken in accordance with cooperative agreements between the Secretary and eligible entities.
Limits the Federal share of projects funded under this Act to 65 percent of the total cost of project planning, environmental evaluation, and construction.
Requires the Secretary to make grants and other funds available to eligible entities for the initial development of environmental improvement and enhancement components of the North Bay Water Reuse Program.
States that nothing in this Act: (1) invalidates or preempts State water law or interstate compacts governing water; (2) alters the rights of States to appropriated shares of surface or groundwater; (3) preempts or modifies State or Federal laws or interstate compacts governing water quality or disposal; or (4) confers on nonfederal entities the ability to exercise Federal water rights. | {"src": "billsum_train", "title": "To enable a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve water supply, water quality, and environmental restoration objectives."} | 1,066 | 296 | 0.694118 | 2.228429 | 0.861656 | 5.170455 | 3.659091 | 0.950758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The commitment to the promotion and protection of human
rights, democracy, and the rule of law around the world has led
the United States to undertake tremendous diplomatic, economic,
and military efforts to end systematic gross human rights
violations abroad, consistent with the national interests and
international leadership role of the United States. Such
efforts are thwarted if the cycle of impunity for human rights
violations in countries other than the United States is not
broken, and the likelihood of the need for renewed United
States engagements in those countries remains.
(2) The United States has a significant interest that newly
established or reestablished democratic societies take credible
steps to fully investigate and prosecute human rights
violations. Such steps could include the creation of a national
or international truth commission or tribunal, the appointment
of a human rights officer, or the leading of official national
investigations by credible sections of the civil society,
including religious institutions and nongovernmental
organizations.
(3) Executive agencies are in possession of documents
pertaining to gross human rights violations abroad that are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(4) The overwhelming importance to the United States of
investigations by foreign authorities of gross human rights
violations and the urgency of requests for legal assistance
which the United States will continue to receive from foreign
entities require a systematic process of expedited
declassification and disclosure of documents pertaining to such
gross human rights violations.
(5) After a 36-year history of being open to foreign
requesters, the Freedom of Information Act (section 552 of
title 5, United States Code) was amended in the 107th Congress
by the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306) to prohibit agencies within the
intelligence community from making records available to foreign
entities or their representatives.
(6) Only an expedited systematic process can help ensure
timely investigations of perpetrators of gross and systematic
human rights violations and provide families with urgently
needed information regarding the fate of relatives, including
information making possible the location, identification, and
burial of the remains of family members who have been killed,
helping to bring closure for those families and beginning the
process of national reconciliation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
in a country other than the United States, except that such
term does not include any record submitted to or compiled by
the Immigration and Naturalization Service or its successors
(including the Bureau of Border Security and the Bureau of
Citizenship and Immigration Services).
(2) Agency.--The term ``agency'' means the National
Archives and Records Administration (and all the Presidential
libraries it maintains), the National Security Council, the
Office of National Drug Control Policy, and any executive
agency of the United States Government charged with the conduct
of foreign policy or foreign intelligence, including, but not
limited to, the Department of State, the Department of Justice, the
Department of Defense, the Central Intelligence Agency, the Agency for
International Development, and the National Reconnaissance Office,
except that such term does not include the Immigration and
Naturalization Service or its successors (including the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services).
(3) Appeals panel.--The term ``Appeals Panel'' means the
Interagency Security Classification Appeals Panel created by
Executive Order number 12958 (or any successor entity or review
procedure).
(4) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(5) International bona fide request.--The term
``international bona fide request'' means a request for a human
rights record from an individual or entity (such as an entity
created by the United Nations, a regional international
organization, a national truth commission, or the principal
justice or human rights official of a country) that is carrying
out an official mandate to investigate a pattern of gross
violations of internationally recognized human rights, pursuant
to a proceeding that--
(A) is a credible examination or investigation
conducted in accordance with the mandate of the entity
or official;
(B) is carried out in accordance with international
law, including laws regarding appropriate jurisdiction
of the person or entity carrying out the proceeding;
and
(C) does not threaten to violate due process or
other internationally recognized human rights.
(6) International law.--The term ``international law''
means the rules and principles of general application dealing
with the conduct and relations of nations and international
organizations.
SEC. 4. DETERMINATIONS REQUIRED REGARDING REQUESTS FOR HUMAN RIGHTS
RECORDS.
(a) Determination Required.--If the President or the head of an
agency receives a request for a human rights record from an individual
or entity (such as an entity created by the United Nations, a regional
international organization, a national truth commission, or the
principal justice or human rights official of a country) that is
carrying out an official mandate to investigate a pattern of gross
violations of internationally recognized human rights, not later than
60 days after the receipt of such request the President (or the
Attorney General on behalf of the President) shall make a determination
whether such request is an international bona fide request.
(b) Procedures in Case of Positive Determination.--If the President
(or the Attorney General on behalf of the President) makes a
determination that a request under subsection (a) is an international
bona fide request, not later than 120 days after the date that the
President or Attorney General makes such determination, the heads of
the appropriate agencies shall identify, review, and organize all human
rights records with respect to such request for the purpose of
declassifying and disclosing the records to the public. Except as
provided in section 5 and subsection (d), all records described in the
preceding sentence shall be made available to the public not later than
30 days after the date that a review under this subsection is
completed.
(c) Procedures in Case of Negative Determination.--If the President
(or the Attorney General on behalf of the President) makes a
determination that a request under subsection (a) is not an
international bona fide request, such determination, and a detailed
explanation regarding such determination, shall be published in the
Federal Register not later than 90 days after the date that such
request is received.
(d) Confidentiality To Protect Ongoing Investigations.--
(1) Disclosure of records on confidential basis.--The head
of an agency disclosing human rights records as a result of a
positive determination under subsection (b) may, at the agency
head's initiative or at the request of the individual or entity
that submitted the request for records, disclose such records
to the individual or entity on a confidential basis if the
agency head determines that confidential disclosure is
necessary to avoid jeopardizing an ongoing investigation.
(2) Delayed public disclosure of records.--If the agency
head determines that confidential disclosure of records under
paragraph (1) is necessary, the agency head may withhold such
records from public disclosure until the agency head
determines, in consultation with the individual or entity that
submitted the request, that the need for confidentiality no
longer exists.
SEC. 5. GROUNDS FOR POSTPONEMENT OF DISCLOSURE OF RECORDS.
(a) In General.--The head of an agency may postpone disclosure of a
human rights record or particular information in a human rights record
under this Act only if the head of the agency determines that there is
clear and convincing evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States that would result from disclosure of the human rights
record is of such gravity that it outweighs the public
interest, and such disclosure would reveal--
(A) an intelligence agent whose identity requires
protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the disclosure of which
would demonstrably impair the national security of the United States;
(2) the disclosure of the human rights record--
(A) would reveal the name or identity of a living
individual who provided confidential information to the
United States; and
(B) would pose a substantial risk of harm to such
individual or to any member of the family, friend, or
associate of such individual;
(3) the disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy would be so
substantial that it outweighs the public interest; or
(4) the disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
requiring protection between a United States Government agent
and a cooperating individual or a foreign government, and
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if any of the criteria set forth in
subsection (a) are met. For purposes of the preceding sentence, the
term ``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REVIEW OF DETERMINATIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Appeals Panel shall review
all determinations by the head of an agency to postpone disclosure of a
record under this Act.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel may uphold a
determination by the head of an agency to postpone disclosure
of a record under this Act only if the Appeals Panel determines
that there is clear and convincing evidence that--
(A) the record is not a human rights record; or
(B) the record or particular information in the
record qualifies for postponement of disclosure under
section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a record under this Act, the Appeals Panel shall determine, in
consultation with the head of the agency and consistent with
the standards set forth in this Act, which, if any, of the
alternative forms of disclosure described in paragraph (3)
shall be made by the agency.
(3) Alternative forms of disclosure.--The forms of
disclosure under this paragraph are the following:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1)(B).
(B) Disclosure of a record that is a substitute for
information that is not disclosed.
(C) Disclosure of a summary of the information in
the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of a review under
this section, the Appeals Panel shall notify the head
of the agency in control or possession of the record
that was the subject of the review of its determination
and shall, not later than 14 days after the
determination, publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of a determination under this
section. The notice shall contain a written
unclassified justification for the determination,
including an explanation of the application of the
criteria set forth in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals under this section.
(c) Presidential Review of Appeals Panel Determinations.--
(1) Disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the criteria set forth in
section 5. If the Appeals Panel overturns the determination of
the head of an agency to withhold records from
declassification, not later than 30 days after the Appeals
Panel's determination and notification to the head of the
agency under subsection (b)(4), the President shall provide the
Appeals Panel with an unclassified written certification
specifying the President's determination and stating the
reasons for the decision, including, in the case of a
determination to postpone disclosure, the criteria set forth in
section 5 that are the basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a record under this Act.
SEC. 7. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF CERTAIN HUMAN
RIGHTS RECORDS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the head of each agency shall identify, review,
and organize all human rights records regarding activities occurring in
Guatemala and Honduras for the purpose of declassifying and disclosing
such records to the public. Except as provided in section 5, all
records described in the preceding sentence shall be made available to
the public not later than 30 days after the date that a review under
this section is completed.
(b) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the President shall report to Congress
regarding each agency's compliance with the provisions of this section.
SEC. 8. RULES OF CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by executive agencies.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
For purposes of this Act, determinations by the Attorney General made
on behalf of the President under section 4(a) shall be subject to the
same standard of judicial review as determinations by the President.
SEC. 9. CREATION OF ADDITIONAL POSITIONS FOR APPEALS PANEL.
Two additional positions shall be created for the Appeals Panel
solely for purposes of carrying out the provisions of this Act. In
filling such positions, the President--
(1) shall appoint individuals who--
(A) were not involved in making determinations that
could be reviewed by the Appeals Panel;
(B) have demonstrated substantial human rights
expertise; and
(C) are able to meet the security requirements for
such positions; and
(2) shall seek recommendations with respect to such
positions from nongovernmental human rights organizations. | Human Rights Information Act - Requires certain Federal agencies to identify, review, and organize all human rights records, for declassification and public disclosure, if the President determines bona fide a request for them by an individual or entity carrying an official mandate to investigate a pattern of gross violations of internationally recognized human rights.Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.Requires each Federal agency to identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras for declassification and public disclosure. | {"src": "billsum_train", "title": "To promote human rights, democracy, and the rule of law by providing a process for executive agencies for declassifying on an expedited basis and disclosing certain documents relating to human rights abuses in countries other than the United States."} | 3,402 | 155 | 0.471193 | 1.36898 | 0.666832 | 3.908333 | 26.733333 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Affairs Inclusion Reporting
Act'' or the ``FAIR Act''.
SEC. 2. REPORT ON DIVERSITY RECRUITMENT, EMPLOYMENT, RETENTION, AND
PROMOTION AT THE DEPARTMENT OF STATE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and quadrennially thereafter, the Secretary of
State shall submit to Congress a report that--
(1) describes the efforts, consistent with existing law,
including procedures, effects, and results since the period
covered by the prior such report, to promote in the Department
of State equal opportunity and inclusion for all United States
employees in direct hire and personal service contractors
status, particularly employees of the Foreign Service,
including equal opportunity for all races, ethnicities, ages,
genders, and service-disabled veterans, with a focus on
traditionally underrepresented minority groups;
(2) includes a section on--
(A) the diversity of selection boards;
(B) the employment of minority and service-disabled
veterans during the most recent 10-year period,
including--
(i) the number hired through direct hires,
internships, and fellowship programs;
(ii) the number promoted to senior
positions, including FS-01, GS-15, Senior
Executive Service, and Senior Foreign Service;
and
(iii) attrition rates by grade, civil and
foreign services, and the senior level ranks
specified in clause (ii);
(C) mentorship and retention programs; and
(3) is organized in terms of real numbers and percentages
at all levels.
(b) Contents.--Each report submitted under subsection (a) shall
describe the efforts of the Department of State to--
(1) propagate fairness, impartiality, and inclusion in the
work environment domestically and abroad;
(2) eradicate harassment, intolerance, and discrimination;
(3) refrain from engaging in unlawful discrimination in any
phase of the employment process, including recruitment, hiring,
evaluation, assignments, promotion, retention, and training;
(4) eliminate illegal retaliation against employees for
participating in a protected equal employment opportunity
activity;
(5) provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) resolve workplace conflicts, confrontations, and
complaints in a prompt, impartial, constructive, and timely
manner;
(7) improve demographic data availability and analysis
regarding recruitment, hiring, promotion, training, length in
service, assignment restrictions, and pass-through programs;
(8) recruit a diverse staff by--
(A) recruiting women, minorities, veterans, and
undergraduate and graduate students;
(B) recruiting at historically Black colleges and
universities, Hispanic serving institutions, women's
colleges, and colleges that typically serve majority
minority populations;
(C) sponsoring and recruiting at job fairs in urban
communities;
(D) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
people of color;
(E) providing opportunities through the Foreign
Service Internship Program and other hiring
initiatives; and
(F) recruiting mid- and senior-level professionals
through programs such as--
(i) the International Career Advancement
Program;
(ii) the Public Policy and International
Affairs Fellowship Program;
(iii) the Institute for International
Public Policy Fellowship Program;
(iv) Seminar XXI at the Massachusetts
Institute of Technology's Center for
International Studies; and
(v) other similar, highly respected,
international leadership programs; and
(9) provide opportunities through--
(A) the Charles B. Rangel International Affairs
Fellowship Program; and
(B) the Thomas R. Pickering Foreign Affairs
Fellowship Program.
(c) Scope of Initial Report.--The first report submitted to
Congress under subsection (a) shall include the information described
in subsection (b) for the three fiscal years immediately preceding the
fiscal year in which such first report is submitted.
SEC. 3. EXPANSION OF THE CHARLES B. RANGEL INTERNATIONAL AFFAIRS
PROGRAM AND THE THOMAS R. PICKERING FOREIGN AFFAIRS
FELLOWSHIP PROGRAM.
Beginning in fiscal year 2016, the Secretary of State shall--
(1) increase by ten the number of fellows selected for the
Charles B. Rangel International Affairs Program; and
(2) increase by ten the number of fellows selected for the
Thomas R. Pickering Foreign Affairs Fellowship Program.
SEC. 4. RETENTION OF MID- AND SENIOR-LEVEL PROFESSIONALS FROM
UNDERREPRESENTED GROUPS AT THE DEPARTMENT OF STATE.
(a) In General.--The Secretary of State should provide attention
and oversight to the employment, retention, and promotion of
underrepresented groups to promote a diverse ethnic representation
among mid- and senior-level career professionals through programs, such
as--
(1) the International Career Advancement Program;
(2) Seminar XXI at the Massachusetts Institute of
Technology's Center for International Studies; and
(3) other highly respected international leadership
programs.
(b) Review of Past Programs.--The Secretary of State should review
past programs designed to increase minority representation in
international affairs positions, including--
(1) the Public Policy and International Affairs Fellowship
Program; and
(2) the Institute for International Public Policy
Fellowship Program. | Foreign Affairs Inclusion Reporting Act or the FAIR Act This bill directs the Department of State to report to Congress within 180 days and quadrennially thereafter on State Department efforts to promote equal opportunity for all American employees in direct hire and personal service contractors status, particularly Foreign Service employees. Beginning in FY2016, the State Department shall: (1) increase by 10 the number of fellows selected for the Charles B. Rangel International Affairs Program, and (2) increase by 10 the number of fellows selected for the Thomas R. Pickering Foreign Affairs Fellowship Program. The State Department is urged to provide oversight to the employment, retention, and promotion of underrepresented groups to promote a diverse ethnic representation among mid- and senior-level career professionals through programs such as: (1) the International Career Advancement Program, (2) Seminar XXI at the Massachusetts Institute of Technology's Center for International Studies, and (3) other international leadership programs. The State Department is also urged to review past programs designed to increase minority representation in international affairs positions, including: (1) the Public Policy and International Affairs Fellowship Program, and (2) the Institute for International Public Policy Fellowship Program. | {"src": "billsum_train", "title": "FAIR Act"} | 1,145 | 235 | 0.602586 | 1.966008 | 0.909211 | 5.395556 | 4.76 | 0.942222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Peak Wilderness Act of 1999''.
SEC. 2. DESIGNATION OF JAMES PEAK WILDERNESS, COLORADO.
(a) Inclusion With Other Colorado Wilderness Areas.--Section 2(a)
of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat.
756) is amended by adding at the end the following new paragraph:
``(20) Certain lands in the Arapaho National Forest which
comprise approximately 22,000 acres, as generally depicted on a
map entitled `Proposed James Peak Wilderness', dated June 1999
and which shall be known as the James Peak Wilderness.''.
(b) Map and Boundary Descriptions.--As soon as practicable after
the date of enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a map
and a boundary description of the James Peak Wilderness. The map and
boundary description shall have the same force and effect as if
included in the Colorado Wilderness Act of 1993, except that the
Secretary may correct clerical and typographical errors in the map and
boundary descriptions. The map and boundary description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture.
SEC. 3. INHOLDINGS IN JAMES PEAK WILDERNESS.
(a) State Land Board Lands.--If the Colorado State Land Board
informs the Secretary of Agriculture that the Board is willing to
transfer to the United States some or all of the lands owned by the
Board located within the James Peak Wilderness in the Arapaho National
Forest, Colorado, the Secretary shall promptly seek to reach agreement
with the Board regarding terms and conditions for acquisition of the
lands by the United States by purchase or exchange.
(b) Jim Creek Inholding.--The Secretary of Agriculture shall enter
into negotiations with the owner of lands located within the portion of
the Jim Creek drainage within the James Peak Wilderness for the purpose
of acquiring the lands by purchase or exchange.
(c) Report.--Upon conclusion of an agreement for acquisition by the
United States of lands referred to in subsection (a) or (b), or one
year after the date of enactment of this Act, whichever occurs first,
the Secretary of Agriculture shall submit to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report concerning any such agreement or the
status of negotiations pursuant to such subsections. The report shall
indicate to what extent funds are available to the Secretary as of the
date of the report for the acquisition of the lands and whether
additional funds need to be appropriated or otherwise made available to
the Secretary for such purpose.
SEC. 4. ALICE TOWNSHIP AND ST. MARY'S GLACIER, COLORADO.
(a) Services and Facilities.--Following the consultation required
by subsection (c), the Forest Supervisor of the Arapaho and Roosevelt
National Forests in the State of Colorado (in this section referred to
as the ``Forest Supervisor'') shall establish a trailhead and
corresponding facilities and services to regulate use of National
Forest System lands adjacent to Alice Township and St. Mary's Glacier
in the State of Colorado. The facilities and services shall include,
but are not limited to, the following:
(1) Trailhead parking.
(2) Public restroom accommodations.
(3) Trailhead and trail maintenance.
(b) Personnel.--The Forest Supervisor shall assign Forest Service
personnel to provide appropriate management and oversight of the area
described in subsection (a).
(c) Consultation.--The Forest Supervisor shall consult with the
Clear Creek County Commissioners and residents in the immediate
vicinity of Alice Township and St. Mary's Glacier regarding the
appropriate location of facilities and services in the area described
in subsection (a). This consultation should include any other
appropriate measures that may be needed in this area to provide access
by emergency or law enforcement vehicles or that is necessary for
public health or that impede access by local residents.
(d) Report.--After the consultation required by subsection (b), the
Forest Supervisor shall submit to the Committee on Resources 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 report regarding the amount of any
additional funding required to implement appropriate measures to
provide the facilities and services specified in subsections (a), (b),
and (c).
SEC. 5. POTENTIAL WILDERNESS LANDS.
(a) Definition.--In this section, the term ``potential wilderness
lands'' means lands that are identified as ``potential wilderness'' on
the map referred to in paragraph (20) of section 2(a) of the Colorado
Wilderness Act of 1993, as added by section 2(a) of this Act,
designating the James Peak Wilderness in the Arapaho National Forest,
Colorado.
(b) Management.--Potential wilderness lands shall be managed as
components of the National Wilderness Preservation System upon
publication in the Federal Register of a notice by the Secretary of
Agriculture that all structures on the lands have been removed and all
uses of the lands inconsistent with the Wilderness Act (16 U.S.C. 1131
et seq.) have ceased.
(c) Removal of Radio Tower.--As soon as practicable after the date
of enactment of this Act, the Secretary of Agriculture shall remove the
abandoned radio tower and associated structures located on Mount Eva on
the potential wilderness lands. | James Peak Wilderness Act of 1999 - Amends the Colorado Wilderness Act of 1993 to designate specified lands in the Arapaho National Forest as the James Peak Wilderness.
Directs the Secretary of Agriculture: (1) if the Colorado State Land Board informs the Secretary that it is willing to transfer to the United States some or all of the lands owned by the Board within the Wilderness, to promptly seek to reach agreement with the Board regarding terms and conditions for acquisition of such lands; (2) to enter into negotiations with the owner of lands located within the portion of the Jim Creek drainage within the Wilderness for the purpose of acquiring such lands; and (3) to report to specified House and Senate Committees upon the conclusion of an agreement for acquisition of such lands or, after one year after this Act's enactment date, on the status of negotiations.
Directs the Forest Supervisor of the Arapaho and Roosevelt National Forests to: (1) establish a trailhead and corresponding facilities and services to regulate use of National Forest System lands adjacent to Alice Township and St. Mary's Glacier; (2) consult with the Clear Creek County Commissioners and residents in the immediate vicinity regarding the location of such facilities and services; and (3) inform specified House and Senate Committees regarding the amount of any additional funding required to implement such measures.
Directs the Secretary to remove the abandoned radio tower and associated structures located on Mount Eva on the potential wilderness lands. | {"src": "billsum_train", "title": "James Peak Wilderness Act of 1999"} | 1,267 | 312 | 0.656686 | 2.271876 | 0.820792 | 5.464029 | 4.021583 | 0.967626 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Facilities Deployment
on Federal Property Act of 2018''.
SEC. 2. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) is amended--
(1) in the heading, by striking ``wireless'' and inserting
``communications''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Federal Easements, Rights-of-Way, and Leases.--
``(1) Grant.--If an entity applies for the grant of an
easement, right-of-way, or lease to, in, over, or on a building
or other property owned by the Federal Government for the right
to install, construct, modify, or maintain a communications
facility installation, the executive agency that is authorized
to grant such easement, right-of-way, or lease for the building
or other property may grant to the applicant an easement,
right-of-way, or lease to perform such installation,
construction, modification, or maintenance.
``(2) Application forms.--Not later than 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall develop a required common form for
applications for easements, rights-of-way, or leases under
paragraph (1). An executive agency may not require an applicant
under paragraph (1) to use any form for submitting the
application other than the common form developed by the
Administrator of General Services under this paragraph and may
not require any significant information beyond the information
required by such common form.
``(3) Common fees.--
``(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the date
of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the
Administrator of General Services shall establish a
common fee for the processing of applications under
paragraph (1) and subsection (c).
``(B) Fee guidelines.--The application fees
established pursuant to subparagraph (A) shall be--
``(i) based on direct and actual cost
recovery; and
``(ii) competitively neutral with regard to
other users of the building or other property
owned by the Federal Government.
``(C) Exceptions.--The Administrator of General
Services may establish exceptions to the fee amount
required under subparagraph (A)--
``(i) in consideration of the public
benefit provided by a grant of an easement,
right-of-way, or lease; and
``(ii) in the interest of expanding
wireless and broadband coverage.
``(4) Use of fees collected.--Any fee collected by an
executive agency pursuant to paragraph (3) may be made
available, as provided in appropriations Acts, to such agency
to cover the costs of granting the easement, right-of-way, or
lease.
``(c) Master Contracts for Communications Facility Installation
Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
151) or any other provision of law, not later 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall--
``(A) develop one or more master contracts that
shall govern the placement of a communications facility
installation on a building or other property owned by
the Federal Government, which shall include offers of
lease terms for the communications facility
installation of not less than 10 years with automatic
lease renewals; and
``(B) in developing the master contract or
contracts, standardize the treatment of the placement
of a communications facility installation on a building
rooftop or facade, the placement of a communications
facility installation on a rooftop or inside a
building, the technology used in connection with a
communications facility installation placed on a
Federal building and other property, and any other key
issues the Administrator of General Services considers
appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government. An
executive agency may not enter into a contract governing the
placement of a communications facility installation on a
building or other property to which such a master contract
applies, unless the contract entered into by the agency is
consistent with, and does not contain any significant terms
beyond the terms contained in, such master contract.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, or sounds of all kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of
emitting or receiving radio frequency;
``(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using
duly authorized devices that do not require
individual licenses; and
``(iii) is added to a tower, building, or
other structure.
``(2) Executive agency.--The term `executive agency' has
the meaning given such term in section 102 of title 40, United
States Code.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 30 days after the date of the enactment of this Act.
(c) Effect on Existing Applications.--An application for an
easement, right-of-way, or lease that was made or granted under section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) before the effective date of this Act shall continue,
subject to such section as in effect on the day before such effective
date. | Communications Facilities Deployment on Federal Property Act of 2018 This bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require the General Services Administration (GSA) to create a common form and to establish a common processing fee for applications for easements, rights-of-way, and leases relating to communications facility installations on federal property. The GSA must develop a master contract for the placement of communications facility installations on federal property. | {"src": "billsum_train", "title": "Communications Facilities Deployment on Federal Property Act of 2018"} | 1,413 | 97 | 0.614774 | 1.552158 | 1.039414 | 4.188235 | 15.6 | 0.870588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Consumption Act of
2005''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the food and beverage industries are a significant part
of our national economy;
(2) the activities of manufacturers and sellers of foods
and beverages substantially affect interstate and foreign
commerce;
(3) a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity is based on a
multitude of factors, including genetic factors and the
lifestyle and physical fitness decisions of individuals, such
that a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity cannot be
attributed solely to the consumption of any specific food or
beverage; and
(4) because fostering a culture of acceptance of personal
responsibility is one of the most important ways to promote a
healthier society, lawsuits seeking to blame individual food
and beverage providers for a person's weight gain, obesity, or
a health condition associated with a person's weight gain or
obesity are not only legally frivolous and economically
damaging, but also harmful to a healthy America.
(b) Purpose.--The purpose of this Act is to allow Congress, State
legislatures, and regulatory agencies to determine appropriate laws,
rules, and regulations to address the problems of weight gain, obesity,
and health conditions associated with weight gain or obesity.
SEC. 3. PRESERVATION OF SEPARATION OF POWERS.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
(c) Discovery.--
(1) Stay.--In any action that is allegedly of the type
described in section 4(5)(B) seeking to impose liability of any
kind based on accumulative acts of consumption of a qualified
product, the obligation of any party or non-party to make
disclosures of any kind under any applicable rule or order, or
to respond to discovery requests of any kind, as well as all
proceedings unrelated to a motion to dismiss, shall be stayed
prior to the time for filing a motion to dismiss and during the
pendency of any such motion, unless the court finds upon motion
of any party that a response to a particularized discovery
request is necessary to preserve evidence or to prevent undue
prejudice to that party.
(2) Responsibility of parties.--During the pendency of any
stay of discovery under paragraph (1), the responsibilities of
the parties with regard to the treatment of all documents, data
compilations (including electronically recorded or stored
data), and tangible objects shall be governed by applicable
Federal or State rules of civil procedure. A party aggrieved by
the failure of an opposing party to comply with this paragraph
shall have the applicable remedies made available by such
applicable rules, provided that no remedy shall be afforded
that conflicts with the terms of paragraph (1).
(d) Pleadings.--In any action that is allegedly of the type
described in section 4(5)(B) seeking to impose liability of any kind
based on accumulative acts of consumption of a qualified product, the
complaint initiating such action shall state with particularity--
(1) each element of the cause of action;
(2) the Federal and State statutes or other laws that were
allegedly violated;
(3) the specific facts alleged to constitute the claimed
violation of law; and
(4) the specific facts alleged to have caused the claimed
injury.
(e) Rule of Construction.--No provision of this Act shall be
construed to create a public or private cause of action or remedy.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' means a person who manufactures, markets,
distributes, advertises, or sells a qualified product in the
person's regular course of trade or business.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is lawfully
engaged in the business of manufacturing the product.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''
means a food (as defined in section 201(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(f))).
(5) Qualified civil liability action.--
(A) In general.--Subject to subparagraph (B), the
term ``qualified civil liability action'' means a civil
action brought by any person against a manufacturer,
marketer, distributor, advertiser, or seller of a
qualified product, or a trade association, for damages,
penalties, declaratory judgment, injunctive or
declaratory relief, restitution, or other relief
arising out of, or related to a person's accumulated
acts of consumption of a qualified product and weight
gain, obesity, or a health condition that is associated
with a person's weight gain or obesity, including an
action brought by a person other than the person on
whose weight gain, obesity, or health condition the
action is based, and any derivative action brought by
or on behalf of any person or any representative,
spouse, parent, child, or other relative of that
person.
(B) Exception.--A qualified civil liability action
shall not include--
(i) an action based on allegations of
breach of express contract or express warranty,
provided that the grounds for recovery being
alleged in such action are unrelated to a
person's weight gain, obesity, or a health
condition associated with a person's weight
gain or obesity;
(ii) an action based on allegations that--
(I) a manufacturer or seller of a
qualified product knowingly violated a
Federal or State statute applicable to
the marketing, advertisement, or
labeling of the qualified product with
intent for a person to rely on that
violation;
(II) such person individually and
justifiably relied on that violation;
and
(III) such reliance was the
proximate cause of injury related to
that person's weight gain, obesity, or
a health condition associated with that
person's weight gain or obesity; or
(iii) an action brought by the Federal
Trade Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) or by the
Federal Food and Drug Administration under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product, a person lawfully engaged in the business of
marketing, distributing, advertising, or selling a qualified
product.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers,
marketers, distributors, advertisers, or sellers of a qualified
product. | Commonsense Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act.
Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity: (1) each element of the cause of action; (2) the Federal and State statutes that were allegedly violated; (3) the specific facts alleged to constitute the violation of law; and (4) the specific facts that are alleged to have caused the claimed injury. | {"src": "billsum_train", "title": "A bill to allow Congress, State legislatures, and regulatory agencies to determine appropriate laws, rules, and regulations to address the problems of weight gain, obesity, and health conditions associated with weight gain or obesity."} | 1,736 | 357 | 0.635323 | 2.103236 | 0.730899 | 4.561514 | 4.990536 | 0.946372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Women's Christian Association
Pension Clarification Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Young Women's Christian Association Pension Plan is
a multiple employer plan (subject to the requirements of
section 210 of the Employee Retirement Income Security Act of
1974) which is maintained by a corporation created by State law
prior to the enactment of the Employee Retirement Income
Security Act of 1974 and the Age Discrimination in Employment
Act of 1967 and whose primary purpose is the maintenance of
retirement programs.
(2) No applicable plan amendment, as defined in clause (v)
of section 204(b)(5)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(v)) (added by
section 701(a) of the Pension Protection Act of 2006 (Public
Law 109-280; 120 Stat. 982)) and clause (v) of section
4(i)(10)(B) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 623(i)(10)(B)(v)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120 Stat.
986)), or any applicable plan amendment causing a participant's
accrued benefit to be less than the amount described in clause
(iii) of such section 204(b)(5)(B) or clause (iii) of such
section 4(i)(10)(B), has ever been made to the Young Women's
Christian Association Pension Plan.
(3) Under the terms of the Young Women's Christian
Association Pension Plan, as in effect as of June 29, 2005, all
pension benefits of all participants under the plan are
immediately nonforfeitable.
(4) As of April 25, 2007, the Young Women's Christian
Association Pension Plan provides--
(A) for periods including June 29, 2005, and ending
on or before December 31, 2007, a credit to the account
of each participant equal to 40 percent of the pay
credit provided to such participant and interest
credits determined for each plan year at the average of
the annual rates of interest on 10-year Treasury
securities during a designated period in the preceding
plan year, and
(B) for periods beginning on or after January 1,
2008, interest credits which satisfy the requirements
of section 204(b)(5)(B)(i) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1054(b)(5)(B)(i)) (added by section 701(a) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 981)) and section 4(i)(10)(B)(i) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
623(i)(10)(B)(i)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 989)).
(b) Purpose.--The purpose of this Act is to clarify the age
discrimination rules under section 204(b)(1)(H) of the Employee
Retirement Income Security Act of 1974 and section 4(i)(1) of the Age
Discrimination in Employment Act of 1967, as they relate to periods
prior to June 29, 2005, during which violations of such rules are
alleged to have occurred in civil actions commenced on or after April
25, 2007.
SEC. 3. CLARIFICATION OF AGE DISCRIMINATION RULES.
(a) In General.--In the case of any civil action which--
(1) is commenced on or after April 25, 2007, and
(2) alleges a violation of section 204(b)(1)(H) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(H)) or section 4(i)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(i)(1)) occurring before
June 29, 2005, with respect to any benefit provided under the
Young Women's Christian Association Pension Plan,
such sections 204(b)(1)(H) and 4(i)(1) shall be applied as if paragraph
(5) of section 204(b) of the Employee Retirement Income Security Act of
1974 (as added by section 701(a)(1) of the Pension Protection Act of
2006 (29 U.S.C. 1054(b)(5); 120 Stat. 981) and paragraph (10) of
section 4(i) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(i)(10); 120 Stat. 998) applied to any period in which such
alleged violation occurred.
(b) Young Women's Christian Association Pension Plan.--For purposes
of this Act, the term ``Young Women's Christian Association Pension
Plan'' means the defined benefit plan (as defined in section 3(35) of
the Employee Retirement Income Security Act of 1974) established on
January 1, 1926, and maintained by the Young Women's Christian
Association Retirement Fund, a corporation created by an Act of the
State of New York which became law on April 12, 1924. | Young Women's Christian Association Pension Clarification Act of 2007 - Applies certain age discrimination safe harbor rules under the Employee Retirement Income Security Act of 1974 (ERISA) and the Age Discrimination in Employment Act of 1967 to civil actions brought on or after April 25, 2007, alleging any age discrimination violation occurring before June 29, 2005, with respect to any benefit provided under the Young Women's Christian Association Pension Plan. | {"src": "billsum_train", "title": "A bill to amend title I of the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967 to clarify the age discrimination rules applicable to the pension plan maintained by the Young Woman's Christian Association Retirement Fund."} | 1,188 | 88 | 0.650755 | 1.772671 | 1.039186 | 6.227848 | 12.303797 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Internet Freedom Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Freedom of speech, freedom of the press, and freedom of
association are fundamental characteristics of a free society.
The first amendment to the Constitution guarantees that
``Congress shall make no law . . . abridging the freedom of
speech, or of the press; or the right of the people peaceably
to assemble . . .''. These constitutional provisions guarantee
the rights of Americans to communicate and associate with one
another without restriction, including unfettered communication
and association via the Internet. Article 19 of the Universal
Declaration of Human Rights of the United Nations explicitly
guarantees the freedom to ``receive and impart information and
ideas through any media and regardless of frontiers''.
(2) All peoples have the right to communicate freely with
others, and to have unrestricted access to news and
information, including on the Internet.
(3) With nearly 14 percent of the population of the world
now online, and an increasing number of people gaining access
to the Internet each day, the Internet stands to become the
most powerful engine for democratization and the free exchange
of ideas ever invented.
(4) Unrestricted access to news and information on the
Internet is a check on authoritarian rule by repressive foreign
governments in countries around the world.
(5) The governments of Burma, Cuba, Iran, Laos, the
Maldives, North Korea, the People's Republic of China, Saudi
Arabia, Syria, and Vietnam, among others, are taking active
measures to prevent their citizens from freely accessing the
Internet and from obtaining international political, religious,
and economic news and information.
(6) Intergovernmental, nongovernmental, and media
organizations have reported the widespread and increasing
pattern by repressive foreign governments of Internet jamming,
including jamming, censoring, blocking, monitoring, and
restricting Internet access and content by using technologies
such as firewalls, filters, and ``black boxes''. Such
interference with individual activity on the Internet includes
surveillance of e-mail messages, message boards, and the use of
particular words, ``stealth blocking'' individuals from
visiting particular websites, the development of ``black
lists'' of users who seek to visit these websites, and the
complete denial of access to the Internet.
(7) The websites of the Voice of America and Radio Free
Asia, as well as hundreds of news sources with an Internet
presence, are routinely being jammed by repressive governments.
(8) Since the 1940s, the United States has deployed anti-
jamming technologies to make Voice of America and other United
States-sponsored radio broadcasting available to peoples in
countries with governments that seek to block news and
information.
(9) The United States has thus far commenced only modest
steps to fund and deploy technologies to defeat Internet
jamming. To date, for example, the Voice of America and Radio
Free Asia have committed a total of $3,000,000 for technology
to counter Internet jamming of their websites by the People's
Republic of China. This technology has been relied upon by
Voice of America and Radio Free Asia to ensure access to their
programming, and it has successfully permitted 100,000
electronic hits per day from users in China. However, United
States financial support for this technology has lapsed. In
most other countries there is no meaningful United States
support for Internet freedom.
(10) The success of United States policy in support of
freedom of speech, press, and association requires new
initiatives to defeat totalitarian and authoritarian controls
on news and information over the Internet.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to adopt an effective and robust global Internet
freedom policy;
(2) to establish an office within the International
Broadcasting Bureau with the sole mission of countering
Internet jamming by repressive foreign governments;
(3) to expedite the development and deployment of
technologies to protect Internet freedom in countries around
the world;
(4) to authorize a substantial portion of United States
international broadcasting resources to be committed to the
continued development and implementation of technologies to
counter Internet jamming by repressive foreign governments;
(5) to utilize the expertise of the private sector in the
development and implementation of such technologies, so that
the many current technologies used commercially for securing
business transactions and providing virtual meeting spaces can
be used to promote democracy and freedom in countries around
the world; and
(6) to bring to bear the pressure of the free world on
repressive foreign governments that engage in Internet jamming
and the intimidation and persecution by such governments of
their citizens who use the Internet.
SEC. 4. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET
JAMMING AND CENSORSHIP.
(a) Establishment of Office of Global Internet Freedom.--There is
established in the International Broadcasting Bureau the Office of
Global Internet Freedom (in this Act referred to as the ``Office'').
The Office shall be headed by a Director who shall develop and
implement a comprehensive global strategy to combat state-sponsored and
state-directed Internet jamming by repressive foreign governments, and
the intimidation and persecution by such governments of their citizens
who use the Internet.
(b) Cooperation of Other Federal Departments and Agencies.--Each
department and agency of the United States Government shall cooperate
fully with, and assist in the implementation of, the strategy developed
by the Office and shall make such resources and information available
to the Office as is necessary to achieve the purposes of this Act.
(c) Report to Congress.--Not later than March 1 of the year
following the date of the enactment of this Act and one year
thereafter, the Director of the Office shall submit to Congress a
report on the status of state-sponsored and state-directed Internet
jamming by repressive foreign governments and a description of efforts
by the United States to counter such jamming. Each report shall list
the countries the governments of which engage in Internet jamming,
provide information concerning the government agencies or quasi-
governmental organizations of such governments that engage in Internet
jamming; and describe with the greatest particularity practicable the
technological means by which such jamming is accomplished. If the
Director determines that such is appropriate, the Director may submit
such report together with a classified annex.
(d) Limitation on Authority.--Nothing in this Act shall be
interpreted to authorize any action by the United States to interfere
with Internet jamming by a repressive foreign government if such
jamming is in furtherance of legitimate law enforcement aims that are
consistent with the Universal Declaration of Human Rights.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Office $50,000,000 for each of the fiscal years
2007 and 2008.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) publicly, prominently, and consistently denounce
repressive foreign governments that engage in Internet jamming;
(2) direct the United States Representative to the United
Nations to submit a resolution at the next annual meeting of
the United Nations Human Rights Commission condemning
repressive foreign governments that engage in Internet jamming
and deny their citizens the freedom to access and share
information on the Internet; and
(3) deploy, at the earliest practicable date, technologies
aimed at defeating state-sponsored and state-directed Internet
jamming by repressive foreign governments and the intimidation
and persecution by such governments of their citizens who use
the Internet.
SEC. 6. DEFINITION.
In this Act, the term ``Internet jamming'' means jamming,
censoring, blocking, monitoring, or restricting Internet access and
content by using technologies such as firewalls, filters, and ``black
boxes''. | Global Internet Freedom Act - Establishes in the International Broadcasting Bureau the Office of Global Internet Freedom to develop and implement a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming by repressive foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet. Requires an annual report from the Office to Congress on the status of state-sponsored and state-directed Internet jamming by repressive foreign governments and a description of U.S. efforts to counter such jamming. Expresses the sense of Congress that the United States should: (1) denounce repressive foreign governments that engage in Internet jamming; (2) direct the U.S. Representative to the United Nations (UN) to submit a resolution condemning repressive foreign governments that engage in Internet jamming and deny their citizens the freedom to access and share information on the Internet; and (3) deploy technologies aimed at defeating state-sponsored and state-directed Internet jamming by repressive foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet. | {"src": "billsum_train", "title": "To develop and deploy technologies to defeat Internet jamming."} | 1,690 | 242 | 0.556423 | 1.636787 | 0.873921 | 7.291457 | 8.030151 | 0.969849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interagency Council on Homelessness
Reform Act of 2009''.
SEC. 2. MISSION.
Section 201 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11311) is amended by inserting before the period at the end the
following ``whose mission shall be to coordinate the Federal response
to homelessness and to create a national partnership at every level of
government and with the private sector to reduce and end homelessness
in the Nation while maximizing the effectiveness of the Federal
Government in contributing to the end of homelessness''.
SEC. 3. MEMBERS.
Subsection (a) of section 202 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11312(a)) is amended--
(1) by redesignating paragraph (16) as paragraph (19); and
(2) by inserting after paragraph (15) the following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.''.
SEC. 4. MEETINGS.
Subsection (c) of section 202 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11312(c)) is amended by striking ``annually''
and inserting ``four times each year, and the rotation of the positions
of Chairperson and Vice Chairperson required under subsection (b) shall
occur at the first meeting of each year''.
SEC. 5. EXECUTIVE DIRECTOR.
(a) Senate Confirmation.--Subsection (a) of section 204 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11314(a)) is
amended--
(1) by striking ``The Council shall appoint an Executive
Director'' and inserting ``The President shall appoint an
Executive Director, with the advice and consent of the Senate,
who shall serve at the pleasure of the President, and'';
(2) by striking the last sentence.
(b) Reporting to Director of Domestic Policy Council.--Section 202
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312) is
amended by adding at the end the following new subsection:
``(e) Administration.--The Executive Director of the Council shall
report to the Director of Domestic Policy Council.''.
SEC. 6. DUTIES.
Section 203 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11313) is amended----
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (2), (3), (4), (5),
(10), (11), and (12), respectively;
(B) by inserting before paragraph (2), as so
redesignated by paragraph (1), the following:
``(1) not later than the expiration of the 12-month period
beginning upon the date of the enactment of the Interagency
Council on Homelessness Reform Act of 2009, develop, make
available for public comment, and submit to the President and
to the Congress a national plan to end homelessness for all
Americans, setting forth actions to accomplish such goal, and
update such plan every 2 years;'';
(C) in paragraph (3), as so redesignated by
subparagraph (A) of this paragraph, by inserting before
the semicolon at the end the following: ``and ensure
that related programs and activities to assist homeless
individuals of Federal agencies are coordinated with
each other''; and
(D) by inserting after paragraph (5), as so
redesignated by subparagraph (A) of this paragraph, the
following:
``(6) develop constructive alternatives to criminalizing
homelessness and eliminate laws and policies that prohibit
sleeping, feeding, sitting, resting, or lying in public spaces
when there are no suitable alternatives, result in the
destruction of a homeless person's property without due
process, or are selectively enforced against homeless persons;
``(7) makes recommendations, in the reports submitted
pursuant to subsection (b) on--
``(A) long-term goals for the Congress to reduce
homelessness; and
``(B) legislative strategies for the Congress to
achieve such goals;
``(8) evaluate the Federal role in interacting and
coordinating with State and local entities that address
homelessness;
``(9) conduct research and develop methods--
``(A) through consultation with State and local
agencies, to improve coordination between the Council
and Federal agencies in existence upon the date of
enactment of the Interagency Council on Homelessness
Reform Act of 2009 that specifically deal with
homelessness; and
``(B) to minimize the period during which
individuals remain homeless;''; and
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(3) Biennial report.--The Council shall prepare and
transmit to the President and the Congress a biennial report
detailing the efforts of the Council to address homelessness.
``(4) Public availability.--The Council shall make each
report submitted to the Congress pursuant to this paragraph, or
paragraph (2) or (3) of this subsection, and the national plan
and updates of such plan submitted pursuant to paragraph (1) of
subsection (a), publicly available, including through posting
on a World Wide Web site maintained by the Council.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 208 (42 U.S.C. 11318) and inserting the following:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$3,000,000 for fiscal year 2009 and such sums as may be necessary for
each of fiscal years 2010 through 2015. Any amounts appropriated to
carry out this title shall remain available until expended.''. | Interagency Council on Homelessness Reform Act of 2009 - Amends the McKinney-Vento Homeless Assistance Act to declare that the mission of the U.S. Interagency Council on Homelessness is to: (1) coordinate the federal response to homelessness; and (2) create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of federal contributions to end homelessness.
Adds to the membership of such Council the Commissioner of Social Security, the U.S. Attorney General, and the Director of the Office of Management and Budget (OMB), or their respective designees.
Requires: (1) the Council to meet quarterly (currently, annually); and (2) rotation of the position of Chairperson and Vice Chairperson at the first meeting of each year.
Requires the President (currently, the Council) to appoint an Executive Director of the Council, with the advice and consent of the Senate, to serve at the pleasure of the President
Directs the Council to develop, make available for public comment, and submit to the President and Congress a biennial national plan to end homelessness for all Americans.
Requires the Council to: (1) develop constructive alternatives to criminalizing homelessness and eliminate laws and policies that prohibit sleeping, feeding, sitting, resting, or lying in public spaces when there are no suitable alternatives; (2) evaluate the federal role in interacting and coordinating with state and local entities that address homelessness; and (3) conduct research and develop methods to improve pre-existing coordination between it and federal agencies. | {"src": "billsum_train", "title": "To reform the United States Interagency Council on Homelessness."} | 1,377 | 343 | 0.664336 | 2.347041 | 0.845726 | 5.098361 | 4.160656 | 0.921311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Born-Alive Abortion Survivors
Protection Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) If an abortion results in the live birth of an infant,
the infant is a legal person for all purposes under the laws of
the United States, and entitled to all the protections of such
laws.
(2) Any infant born alive after an abortion or within a
hospital, clinic, or other facility has the same claim to the
protection of the law that would arise for any newborn, or for
any person who comes to a hospital, clinic, or other facility
for screening and treatment or otherwise becomes a patient
within its care.
SEC. 3. BORN-ALIVE INFANTS PROTECTION.
(a) Requirements Pertaining to Born-Alive Abortion Survivors.--
Chapter 74 of title 18, United States Code, is amended by inserting
after section 1531 the following:
``Sec. 1532. Requirements pertaining to born-alive abortion survivors
``(a) Requirements for Health Care Practitioners.--In the case of
an abortion or attempted abortion that results in a child born alive
(as defined in section 8 of title 1, United States Code (commonly known
as the `Born-Alive Infants Protection Act')):
``(1) Degree of care required; immediate admission to a
hospital.--Any health care practitioner present at the time the
child is born alive shall--
``(A) exercise the same degree of professional
skill, care, and diligence to preserve the life and
health of the child as a reasonably diligent and
conscientious health care practitioner would render to
any other child born alive at the same gestational age;
and
``(B) following the exercise of skill, care, and
diligence required under subparagraph (A), ensure that
the child born alive is immediately transported and
admitted to a hospital.
``(2) Mandatory reporting of violations.--A health care
practitioner or any employee of a hospital, a physician's
office, or an abortion clinic who has knowledge of a failure to
comply with the requirements of paragraph (1) shall immediately
report the failure to an appropriate State or Federal law
enforcement agency, or to both.
``(b) Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
fined under this title or imprisoned for not more than 5 years,
or both.
``(2) Intentional killing of child born alive.--Whoever
intentionally performs or attempts to perform an overt act that
kills a child born alive described under subsection (a), shall
be punished as under section 1111 of this title for
intentionally killing or attempting to kill a human being.
``(c) Bar to Prosecution.--The mother of a child born alive
described under subsection (a) may not be prosecuted under this
section, for conspiracy to violate this section, or for an offense
under section 3 or 4 of this title based on such a violation.
``(d) Civil Remedies.--
``(1) Civil action by a woman on whom an abortion is
performed.--If a child is born alive and there is a violation
of subsection (a), the woman upon whom the abortion was
performed or attempted may, in a civil action against any
person who committed the violation, obtain appropriate relief.
``(2) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damage for all
injuries, psychological and physical, occasioned by the
violation of subsection (a);
``(B) statutory damages equal to 3 times the cost
of the abortion or attempted abortion; and
``(C) punitive damages.
``(3) Attorney's fee for plaintiff.--The court shall award
a reasonable attorney's fee to a prevailing plaintiff in a
civil action under this subsection.
``(4) Attorney's fee for defendant.--If a defendant in a
civil action under this subsection prevails and the court finds
that the plaintiff's suit was frivolous, the court shall award
a reasonable attorney's fee in favor of the defendant against
the plaintiff.
``(e) Definitions.--In this section the following definitions
apply:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child.
``(2) Attempt.--The term `attempt', with respect to an
abortion, means conduct that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in performing an
abortion.''.
(b) Clerical Amendment.--The table of sections for chapter 74 of
title 18, United States Code, is amended by inserting after the item
pertaining to section 1531 the following:
``1532. Requirements pertaining to born-alive abortion survivors.''. | Born-Alive Abortion Survivors Protection Act This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut. Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency. An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both. An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder. The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, for being an accessory after the fact, or for concealment of felony. A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this Act. | {"src": "billsum_train", "title": "Born-Alive Abortion Survivors Protection Act"} | 1,229 | 317 | 0.660465 | 2.037591 | 0.785889 | 2.238434 | 3.957295 | 0.758007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Bus Safety Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Bus.--The term ``bus'' means a motor vehicle with
motive power, except a trailer, designed for carrying more than
10 persons.
(2) School bus.--The term ``school bus'' means a bus that
is used for purposes that include carrying pupils to and from
public or private school or school-related events on a regular
basis.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.
(a) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prescribe proficiency
standards for school bus drivers who are required to possess a
commercial driver's license to operate a school bus.
(b) Exemption for Certain States.--In prescribing proficiency
standards under subsection (a), the Secretary shall provide that a
State may, instead of utilizing such proficiency standards, utilize
proficiency standards established by the State before the date of the
prescription of efficiency standards under subsection (a) if the
Secretary determines that the standards of the State establish
proficiency requirements as rigorous as the proficiency requirements
established under the standards prescribed under subsection (a).
(c) Demonstration of Proficiency.--Upon the prescription of
standards under subsection (a), each school bus driver referred to in
subsection (a) shall demonstrate (at such interval as the Secretary
shall prescribe) to the employer of the driver, the school district,
the State licensing agency, or other person or agency responsible for
regulating school bus drivers the proficiency of such driver in
operating a school bus in accordance with the proficiency standards
prescribed under subsection (a) or the proficiency standards
established by the State concerned, as the case may be.
SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS.
The Administrator of the National Highway Traffic Safety
Administration shall develop and disseminate guidelines on the safe
transportation in school buses of children under the age of 5. Such
guidelines shall include recommendations for the evacuation of such
children from such buses in the event of an emergency.
SEC. 5. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
(a) Applicability of Federal Motor Carrier Safety Regulations to
Interstate School Bus Operations.--Section 31136 of title 49, United
States Code, is amended--
(1) by striking the second sentence of subsection (e); and
(2) by adding at the end the following new subsection:
``(g) Applicability to School Transportation Operations of Local
Education Agencies.--Not later than 6 months after the date of the
enactment of this subsection, the Secretary shall issue regulations
making the relevant commercial motor carrier safety regulations issued
under subsection (a) applicable to all interstate school transportation
operations by local educational agencies (as defined in section 14101
of the Elementary and Secondary Education Act of 1965).''.
(b) Education Program.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall develop and implement an
education program informing all local educational agencies (as defined
in section 14101 of the Elementary and Secondary Education Act of 1965)
that they must comply with the Federal commercial motor vehicle safety
regulations issued under section 31136 of title 49, United States Code,
when providing interstate transportation on a school bus vehicle to and
from school-sanctioned and school-related activities.
(c) Compliance Reports.--Each year for the first 4 years after the
date of the enactment of this Act, the Secretary shall submit to
Congress by June 1 a report describing in detail the status of
compliance by private motor carriers (for-hire) and local educational
agencies in meeting the requirements of section 31136 of title 49,
United States Code, and enforcement actions undertaken by the
Department of Transportation.
SEC. 6. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN
SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES.
(a) Commencement of Rulemaking Process.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall begin
a rulemaking process to determine the feasibility and practicability of
the following:
(1) A requirement for a decrease in the flammability of the
materials used in the construction of the interiors of school
buses.
(2) A requirement that individuals, school districts, or
companies that sell in the secondary market school buses that
may be used in interstate commerce inform purchasers of such
buses that such buses may not meet current National Highway
Transportation Safety Administration standards or Federal
Highway Administration standards with respect to such buses.
(3) The establishment of construction, design, and
securement standards for wheelchairs used in the transportation
of students in school buses.
(4) A requirement that school buses manufactured after the
effective date of the rule be equipped with a bumper sensor,
wheel guard, and front bumper gate and a system that
automatically applies the vehicle's brakes when the bumper
sensor, wheel guard, or front bumper gate makes contact with an
object or pedestrian.
(5) A requirement that school buses manufactured after the
effective date of the rule be equipped with a system that
detects a trapped obstacle in the door of the vehicle and
automatically applies the vehicle's brakes, or provides a
warning to the driver, when such a object is detected.
(b) Final Rule.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall promulgate a final rule
providing for any requirement or standard referred to in paragraph (1),
(2), (3), (4), or (5) of subsection (a) that the Secretary determines
to be feasible and practicable.
SEC. 7. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS.
(a) Prohibition on Employment Pending Check.--Notwithstanding any
other provision of law and except as provided in subsection (b), a
local educational agency, and any contractor providing school
transportation services to such an agency, may not newly employ a
person as a driver of a school bus of or on behalf of the agency before
the completion of a background check of the person in the national
criminal history background check system. The purpose of the check is
to determine whether the person has been convicted of a crime which
would warrant barring the person from duties as a driver of a school
bus.
(b) Exception.--A local educational agency or a contractor may
newly employ a person as a driver of a school bus of or on behalf of
the agency if a check of the person is not completed by the end of the
21-day period beginning on the date of the request for the check by the
agency. The agency or contractor may commence such employment beginning
at the end of such 21-day period.
(c) Check Procedures.--Each State shall establish procedures for
conducting checks under this section. Such procedures shall include the
designation of an agency of the State to carry out the checks and shall
meet the guidelines set forth in section 3(b) of the National Child
Protection Act of 1993 (42 U.S.C. 5119a(b)).
(d) Limitation on Liability.--A local educational agency or a
contractor providing transportation services to such an agency shall
not be liable in an action for damages on the basis of a criminal
conviction of a person employed by the agency or contractor as a school
bus driver if--
(1) a check of the person was conducted under this section;
and
(2) the conviction was not disclosed to the agency or
contractor pursuant to the check.
(e) Fees.--
(1) Fees imposed by state agencies.--
(A) In general.--A State agency designated under
subsection (c) may impose and collect fees for the
provision of assistance in the conduct of checks under
this section. The amount of such fees may not exceed
the actual cost to the State agency of providing such
assistance.
(B) Monitoring.--A State shall monitor the
collection of fees by an agency of the State under this
paragraph for purposes of ensuring that--
(i) such fees are collected on a uniform
basis; and
(ii) the amounts collected reflect only the
actual cost to the State agency of providing
assistance in the conduct of background checks.
(2) Fees imposed by federal bureau of investigation.--
(A) In general.--The Federal Bureau of
Investigation may impose and collect fees for the
provision of assistance in the conduct of checks under
this section. The amount of such fees may not exceed
the actual cost to the Federal Bureau of Investigation
of providing such assistance.
(B) Monitoring.--The Attorney General shall monitor
the collection of fees under this paragraph for
purposes of ensuring that--
(i) such fees are collected on a uniform
basis; and
(ii) the amounts collected reflect only the
actual cost to the Federal Bureau of
Investigation of providing assistance in the
conduct of background checks.
(f) Definitions.--In this section, the following definitions apply:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) National criminal history background check system.--The
term ``national criminal history background check system'' has
the meaning given such term in section 5(6) of the National
Child Protection Act of 1993 (42 U.S.C. 5119c(6)).
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(g) Applicability.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to the new employment of persons by local
educational agencies or contractors beginning on the later of--
(A) the date that is 60 days after the date of the
enactment of this Act; or
(B) the date on which the State in which the
agencies or contractors are located establishes the
procedures required under subsection (c).
(2) Exceptions.--During the period beginning on the date of
the enactment of this Act and ending on the date of the
applicability of this section to a local educational agency or
contractor under paragraph (1), the local educational agency or
contractor shall, to the maximum extent practicable, request
that the Federal Bureau of Investigation conduct a background
check with fingerprints of each person newly employed by the
local educational agency or contractor as a school bus driver
of or on behalf of the local educational agency.
(h) Funding.--
(1) Violence prevention programs.--Section 4116(b)(5) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7116(b)(5)) is amended by striking ``and neighborhood patrols''
and inserting ``neighborhood patrols, and criminal background
checks of potential drivers of school buses under section 5 of
the School Bus Safety Act.''.
(2) Innovative education assistance.--Section 6301(b) of
such Act (20 U.S.C. 7351(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following:
``(9) the carrying out of criminal background checks of
potential drivers of school buses under section 4 of the School
Bus Safety Act.''.
SEC. 8. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY
PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES.
The Secretary of Transportation shall--
(1) not later than December 31, 1998, issue a notice of
proposed rulemaking with respect to the minimum reporting
criteria required under the tenth sentence of section 402(a) of
title 23, United States Code; and
(2) not later than December 31, 1998, and after an
opportunity for public comment, issue a final rule establishing
such criteria.
SEC. 9. SCHOOL TRANSPORTATION SAFETY.
(a) Study.--Not later than 3 months after the date of the enactment
of this Act, the Secretary shall enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study of the safety issues attendant to transportation of
school children to and from school and school-related activities by
various transportation modes.
(b) Terms of Agreement.--The agreement entered into in subsection
(a) shall provide that--
(1) the Transportation Research Board, in conducting the
study, consider--
(A) in consultation with the National
Transportation Safety Board, the Bureau of
Transportation Statistics, and other relevant entities,
available crash injury data, and if unavailable or
insufficient, recommend a new data collection regimen
and implementation guidelines; and
(B) vehicle design and driver training
requirements, routing, and operational factors that
affect safety and other factors that the Secretary
considers appropriate; and
(2) the panel conducting the study shall include
representatives of highway safety organizations, school
transportation, mass transportation providers, employee
organizations, academic and policy analysts, and other
interested parties.
(c) Report.--Not later than 12 months after the date of entry into
the agreement under subsection (a), the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report containing the results of the study.
SEC. 10. PILOT PROGRAM TO ASSESS BENEFITS OF EQUIPPING SCHOOL BUSES
WITH SAFETY RESTRAINT DEVICES.
(a) Establishment.--The Secretary shall carry out a pilot program
to assess the benefits of equipping school buses with Aaron Gordon type
flight attendant double shoulder harness mechanisms or other safety
restraint devices providing equal or greater passenger protection.
(b) Grants.--In carrying out the program, the Secretary may make
grants to one school district for equipping school buses in the
district with safety restraint devices described in subsection (a).
(c) Federal Share.--The Federal share of the cost of a project
carried out using a grant under subsection (b) may not exceed 50
percent of such cost.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards.
(Sec. 4) Directs the Administrator of the National Highway Traffic Safety Administration to develop and disseminate guidelines on the safe transportation in school buses of children under the age of five.
(Sec. 5) Amends Federal transportation law to require the Secretary to issue regulations applying Federal commercial motor carrier safety regulations to all interstate school operations by local educational agencies. Directs the Secretary to develop an education program informing all local educational agencies that they must comply with such regulations when providing interstate transportation on a school bus to and from school-sanctioned and school-related activities.
(Sec. 6) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses.
(Sec. 7) Prohibits a local educational agency, and any contractor providing transportation services to such agency, from employing a person as a school bus driver before the completion of a background check in the national criminal history background check system. Requires State criminal background check procedures to meet the guidelines set forth in the National Child Protection Act of 1993.
Declares that no local educational agency or contractor providing it with transportation services shall be liable in an action for damages on the basis of a criminal conviction of a person employed as a school bus driver if a criminal background check was conducted but the conviction was not disclosed.
Authorizes State and Federal fees (not exceeding actual cost) for assistance in the conduct of such checks.
(Sec. 8) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria.
(Sec. 9) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes.
(Sec. 10) Directs the Secretary to carry out a pilot program to assess the benefits of equipping school buses with Aaron Gordon type flight attendant double shoulder harness mechanisms or other safety restraint devices providing equal or greater passenger protection. Authorizes the Secretary to make grants to one school district for equipping school buses with such safety restraint devices.
(Sec. 11) Authorizes appropriations. | {"src": "billsum_train", "title": "School Bus Safety Act"} | 3,200 | 640 | 0.646085 | 1.905331 | 0.666077 | 4.645161 | 5.259857 | 0.9319 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Mouth Correctional Costs and
Reentry Support Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; purpose; definitions.
Sec. 4. Inclusion of oral health and dental care inmate and probationer
statistics.
Sec. 5. Study of methamphetamine-related oral health costs in jails and
prisons.
Sec. 6. Interim assistance for correctional dental programs.
Sec. 7. Grants for dental care offender reentry projects.
SEC. 3. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds as follows:
(1) One of the unexpected results of the methamphetamine
epidemic has been prisoners' need for costly dental care. By
some accounts, more than 30 percent of prison inmates suffer
from meth mouth and about 40 percent of correctional dental
spending goes toward repairing or removing teeth ravaged by
methamphetamine use.
(2) Every year some 600,000 inmates are released from
Federal and State prisons and return to their communities and
families.
(3) Ex-offenders who are healthy have greater success in
reintegrating into the community and avoiding incarceration.
(4) There have been few published studies (and virtually no
routine data collections) that adequately characterize the oral
health of inmates and the provision of dental care in
correctional facilities. In fact, the absence of peer-reviewed
literature has resulted in the perpetual underfunding and
understaffing of correctional dental care programs.
(b) Purpose.--The purposes of this Act are to--
(1) investigate and report on the oral health of inmates of
correctional facilities and on the provision of dental care in
such facilities;
(2) temporarily sustain dental programs in correctional
facilities that have been suddenly and disproportionately taxed
by the prevalence and severity of inmate meth mouth;
(3) ensure that oral health and dental care are accounted
for in the Department of Justice's prisoner reentry
initiatives; and
(c) Definitions.--For purposes of this Act:
(1) Correctional facility; detention facility.--The terms
``correctional facility'' and ``detention facility'' mean any
place for the confinement or rehabilitation of offenders or
individuals charged with or convicted of criminal offenses.
(2) Inmate.--The term ``inmate'' means any person who is
incarcerated or detained in any correctional facility and who
is accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or a
diversionary program.
(3) Meth mouth.--The term ``meth mouth'' means a distinct
and often severe pattern of oral decay that is commonly
associated with methamphetamine use.
(4) Offender reentry.--The term ``offender reentry'' means
the process of returning individuals to society after a period
of incarceration in a prison, jail, or other detention
facility.
SEC. 4. INCLUSION OF ORAL HEALTH AND DENTAL CARE INMATE AND PROBATIONER
STATISTICS.
Part C of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the
following new section:
``SEC. 305. JUSTICE STATISTICS TO INCLUDE DATA ON PROVISION OF DENTAL
CARE.
``(a) In General.--In collecting, compiling, analyzing, publishing,
and disseminating justice statistics relating to the operation of the
criminal justice system under this part, the Director of the Bureau of
Justice Statistics shall include and take into account data
characterizing the oral health of inmates of correctional facilities
and the provision of dental care in correctional facilities. Such data
shall address at least the following information:
``(1) The prevalence in such facilities of inmate dental
caries (tooth decay), periodontal diseases, and other
conditions affecting the teeth, gums, and mouth or affecting
the proper function thereof.
``(2) The types of therapies used in such facilities to
diagnose, cure, mitigate, treat, or prevent the onset of the
conditions described in paragraph (1).
``(3) The presentable oral condition of inmates at the time
of release of the inmates from such facilities (as would likely
be observed by an individual who is not an oral health
professional).
``(4) The size and disposition of inmate dental programs
and program budgets, including the number of dentists and
allied oral health professionals on staff, under contract, or
otherwise used to furnish inmate dental care.
``(b) Use of Data.--The Director may request and use such
information, data, and reports from any Federal, State, local, or
private entity, as may be required to carry out subsection (a). Such
information, data, and reports may be used only with prior written
consent from the Federal, State, local, or private entity involved.''.
SEC. 5. STUDY OF METHAMPHETAMINE-RELATED ORAL HEALTH COSTS IN JAILS AND
PRISONS.
(a) Study.--In carrying out section 305 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3737 et seq.), as added
by section 4, the Attorney General, acting through the Director of the
Bureau of Justice Statistics, shall conduct a study to determine the
extent to which methamphetamine use affects the demand for (and
provision of) oral health care in correctional facilities.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of the Bureau of Justice Statistics shall
publish a report detailing the results of the study under subsection
(a). Such report shall include the following information:
(1) The prevalence and severity of inmate oral health
problems believed to be associated with methamphetamine use.
(2) The criteria most commonly used to determine whether an
inmate's oral health problems are associated with
methamphetamine use.
(3) The therapies most commonly used to treat inmate meth
mouth.
(4) The clinical prognosis for inmates who received care
for meth mouth.
(5) The financial impact of meth mouth on Federal, State,
and local corrections budgets.
(6) The efficacy of oral health care programs designed to
address meth mouth.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for the period of
fiscal years 2009 through 2011. Amounts authorized for appropriation
under this subsection are in addition to any other amounts authorized
for appropriation for such purpose.
SEC. 6. INTERIM ASSISTANCE FOR CORRECTIONAL DENTAL PROGRAMS.
Part A of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the
following new section:
``SEC. 110. INTERIM ASSISTANCE GRANTS FOR CORRECTIONAL DENTAL PROGRAMS.
``(a) In General.--The Assistant Attorney General shall make grants
to States and local, territorial, and tribal units of government, for
the purpose of developing, enhancing, or otherwise sustaining dental
programs that provide for the oral health of jail and prison inmates.
``(b) Eligibility.--
``(1) Application.--To be eligible for grants under this
section, an entity shall prepare and submit an application at
such time, in such manner, and containing such information as
the Assistant Attorney General may require.
``(2) Preference.--In awarding grants under this section,
the Assistant Attorney General shall give preference to
applicants that demonstrate a compelling need for financial
assistance due to the prevalence and severity of inmate meth
mouth.
``(c) Use of Funds.--Amounts awarded under this section may be
used--
``(1) to recruit, hire, or otherwise secure the services of
dentists, allied dental personnel, and other oral health
professionals;
``(2) to rent, purchase, or otherwise secure dental
instruments, equipment, and supplies;
``(3) to survey, document, and report on--
``(A) the prevalence and severity of inmate oral
health problems believed to be associated with
methamphetamine use;
``(B) the criteria most commonly used to determine
whether an inmate's oral health problems are associated
with methamphetamine use;
``(C) the therapies most commonly used to treat
inmates with meth mouth;
``(D) the prognosis for inmates who received care
for meth mouth; and
``(E) the financial impact of meth mouth on State
and local corrections budgets; and
``(4) to support other activities deemed appropriate by the
Assistant Attorney General.
``(d) Matching Requirement.--The Federal share of a grant received
under this section may not exceed 50 percent of the total costs of the
activity funded by such grant.
``(e) Coordination of Activities.--The Assistant Attorney General
may enter into contracts or agreements with other Federal agencies,
including interagency agreements to delegate authority for the
execution of grants and for such other activities as may be necessary
to carry out this section.
``(f) Meth Mouth Defined.--For purposes of this section, the term
`meth mouth' means a distinct and often severe pattern of oral decay
that is commonly associated with methamphetamine use.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section for each of the
fiscal years 2009 through 2011. Amounts authorized for appropriation
under this subsection are in addition to any other amounts authorized
for appropriation for such purpose.''.
SEC. 7. GRANTS FOR DENTAL CARE OFFENDER REENTRY PROJECTS.
Part FF of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end
the following new section:
``SEC. 2978. GRANTS FOR DENTAL CARE OFFENDER REENTRY PROJECTS.
``(a) Grant Authorization.--The Attorney General shall make grants
to State, local, territorial, and tribal units of government to
identify, eliminate, and report on the degree to which poor oral health
undermines or otherwise impedes an inmate's successful transition to a
stable, productive, and law-abiding life following his or her release
from jail or prison.
``(b) Reentry Demonstration Projects Permitted.--In carrying out
subsection (a), the Attorney General is authorized to make grants to
entities described in such subsection to establish adult and juvenile
offender reentry demonstration projects for the purpose of--
``(1) developing and implementing dental treatment programs
at correctional and detention facilities in which inmates are
incarcerated for a period of time to permit or require
emergency dental care;
``(2) evaluating the degree to which an inmate's
presentable oral condition at the time of his or her release
facilities the transition of such an inmate to stable,
productive, and law-abiding life;
``(3) promoting good oral hygiene among inmates and
encouraging inmates to obtain regular dental check-ups after
their release;
``(4) monitoring an inmate's compliance with post-release
treatment instructions and oral hygiene protocols; and
``(5) supporting other activities deemed appropriate by the
Attorney General.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section for each of the
fiscal years 2009 through 2011.''. | Meth Mouth Correctional Costs and Reentry Support Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Statistics to: (1) include in criminal justice system statistics data about the oral health of federal inmates and dental care provided in federal correctional facilities; and (2) conduct a study on how methampehtamine use affects the demand for (and provision of) oral health care in such facilities.
Provides for Department of Justice (DOJ) grants to states and local, territorial, and tribal governments for: (1) oral health dental programs for federal inmates; (2) evaluating the extent to which poor oral health undermines or impedes an inmate's successful reentry into the community; and (3) establishing adult and juvenile offender reentry demonstration projects for inmate oral health programs during incarceration and after release. | {"src": "billsum_train", "title": "To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to understand and comprehensively address the inmate oral health problems associated with methamphetamine use, and for other purposes."} | 2,689 | 195 | 0.643916 | 2.058463 | 0.875026 | 3.664634 | 14.408537 | 0.945122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The proliferation of campaign finance laws (beginning
with the Federal Election Campaign Act of 1971) and the
proliferation of government regulations promulgated pursuant to
such laws have placed strict limits on contributions by
citizens to the candidates of their choice, limits which have
served to severely hinder the ability of challengers to compete
on equal terms with incumbent politicians.
(2) The contribution limits imposed by the Federal Election
Campaign Act of 1971 force candidates to raise funds in small
amounts subject to fixed limitations, inevitably fostering a
system under which wealthy candidates and long-term incumbent
politicians hold an unfair financial advantage, which in turn
serves to discourage potential candidates from seeking public
office.
(3) The current campaign finance laws have inhibited the
full and fair discussion of public policy issues, as
challengers who are not well known to the electorate are forced
by government regulation to attempt to amass contributions from
large numbers of donors at the outset of a campaign. As a
result, challengers who lack the necessary resources to bring
new issues into the public debate often are eliminated from
political campaigns before their voices are even heard.
(4) The regulation by government of political speech
through the regulation of campaign contributions and
expenditures is patently undemocratic because it favors
institutionalized special interests over grassroots and citizen
activity by imposing burdensome reporting and disclosure
requirements and stringent spending limits on the political
parties, thereby tilting the financial and tactical advantage
in political campaigns to well-financed interest groups and
wealthy individuals.
(5) The effect of the unreasonably low contribution limits
has been to force more contributors and political activists to
operate outside the system, resulting in even less
accountability and even greater encouragement of irresponsible
behavior.
(6) The only way to encourage the robust discourse of
public issues and candidates, promote the free exchange of
political speech and ideas, protect constitutional freedom, and
foster a more informed electorate is to lift all current
restrictions on political candidate and party contributions and
expenditures and to provide full, instantaneous disclosure of
all contributions and expenditures in elections for Federal
office.
SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
2002.'.'
SEC. 4. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2001.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect to any
presidential election (or any presidential nominating convention) after
December 31, 2002, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 2002.--The Secretary shall
transfer all amounts in the fund after December 31, 2002, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 2002.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 5. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State and Local Political Parties of Information
Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as
amended by section 502(a) of the Department of Transportation and
Related Agencies Act, 2001 (as enacted into law by reference under
section 101(a) of Public Law 106-346), is amended by adding at the end
the following new subsection:
``(e) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 2003.
SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)), as amended by
section 639(a) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58), is amended--
(A) in subparagraph (A), by striking ``a person
required to file--'' and all that follows and inserting
the following: ``each person required to file a report
under this Act shall be required to maintain and file
such report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and inserting
``documents''; and
(C) in subparagraph (D), by striking ``means, with
respect to'' and all that follows and inserting the
following: ``means any report, designation, statement,
or notification required by this Act to be filed with
the Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)), as amended
by section 639(a) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58), is amended--
(A) by striking ``a designation, statement, report,
or notification'' and inserting ``each report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the report''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports to Be Made
Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is
amended to read as follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.
``(B) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
2003.
SEC. 7. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 2003.
SEC. 8. PROHIBITING INVOLUNTARY ASSESSMENT OF FUNDS BY LABOR
ORGANIZATIONS FOR POLITICAL ACTIVITIES.
(a) In General.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c)(1) Except with the separate, prior, written, voluntary
authorization of each individual involved, it shall be unlawful for any
labor organization described in this section to collect from or assess
its members or nonmembers any dues, initiation fee, or other payment if
any part of such dues, fee, or payment will be used for political
activity in which the labor organization is engaged.
``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each labor
organization collecting from or assessing amounts from an individual
with an authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office, influencing the
consideration or outcome of any Federal legislation or the issuance or
outcome of any Federal regulations, or educating individuals about
candidates for election for Federal office or any Federal
legislation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected or assessed on or after the date of the
enactment of this Act.
SEC. 9. CHANGE IN NAME OF FEDERAL ELECTION COMMISSION.
(a) In General.--Section 306 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437c) is amended--
(1) in the heading, by striking ``federal election
commission'' and inserting ``federal campaign regulation
commission''; and
(2) in the first sentence of subsection (a)(1), by striking
``Federal Election Commission'' and inserting ``Federal
Campaign Regulation Commission''.
(b) Conforming Amendment.--Section 431(10) of such Act (2 U.S.C.
431(10)) is amended by striking ``Federal Election Commission'' and
inserting ``Federal Campaign Regulation Commission''.
(c) References in Other Laws and Documents.--Notwithstanding any
other provision of law or any rule or regulation, any reference in any
law, rule, regulation, or other document to the Federal Election
Commission shall be deemed to be a reference to the Federal Campaign
Regulation Commission. | Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971(FECA) to terminate limitations on Federal election campaign contributions after 2002.Amends the Internal Revenue Code to terminate after December 31, 2001, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2002, and transfers any amounts remaining in the Fund to the general fund of the Treasury.Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government.Revises current deadlines for notification of contributions by a campaign committee.Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).Provides that, except with the separate, prior, written, voluntary authorization of each individual involved, it shall be unlawful for described labor organizations to collect from or to assess its members or nonmembers any dues, initiation fee, or other payment if any part of it will be used for political activity in which the labor organization is engaged.Changes the name of the FEC to the Federal Campaign Regulation Commission. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office."} | 2,917 | 390 | 0.441575 | 1.497673 | 0.658454 | 5.145015 | 7.722054 | 0.915408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Medigap Options Act of
2010''.
SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE
BENEFICIARIES.
(a) In General.--Section 1882(s) of the Social Security Act (42
U.S.C. 1395ss(s)) is amended--
(1) in paragraph (2)(A), by striking ``65 years of age or
older and is enrolled for benefits under part B'' and inserting
``entitled to, or enrolled for, benefits under part A and
enrolled for benefits under part B'';
(2) in paragraph (2)(D), by striking ``who is 65 years of
age or older as of the date of issuance and''; and
(3) in paragraph (3)(B)(vi), by striking ``at age 65''.
(b) Phase-In Authority.--
(1) In general.--Subject to paragraph (2), the Secretary of
Health and Human Services may phase in the implementation of
the amendments made under subsection (a) in such manner as the
Secretary determines appropriate to minimize any adverse impact
on individuals enrolled under a Medicare supplemental policy
prior to the effective date of this Act.
(2) Limit.--The phase-in period under paragraph (1) shall
not exceed 5 years.
(c) Separate Premium Class.--
(1) In general.--Subject to paragraph (2), any individuals
enrolled under a Medicare supplemental policy pursuant to the
amendments made under subsection (a) shall be classified by the
issuer as part of a separate premium class.
(2) Limit.--The provision in paragraph (1) shall apply to
individuals that enroll under a Medicare supplemental policy
prior to January 1, 2015.
(d) Additional Enrollment Period for Certain Individuals.--
(1) One-time enrollment period.--
(A) In general.--In the case of an individual
described in paragraph (2), the Secretary shall
establish a one-time enrollment period during which
such an individual may enroll in any Medicare
supplemental policy of the individual's choosing.
(B) Period.--The enrollment period established
under subparagraph (A) shall begin on the date on which
the phase-in period under subsection (b) is completed
and end 6 months after such date.
(2) Individual described.--An individual described in this
paragraph is an individual who--
(A) is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
under section 226(b) or section 226A of such Act (42
U.S.C. 426(b); 426-1);
(B) is enrolled for benefits under part B of title
XVIII of such Act (42 U.S.C. 1395j et seq.); and
(C) would not, but for the provisions of and
amendments made by this section, be eligible for the
guaranteed issue of a Medicare supplemental policy
under section 1882(s)(2) of such Act (42 U.S.C.
1395ss(s)(2)).
(3) Outreach plan.--The Secretary shall develop an outreach
plan to notify individuals described in paragraph (2) of the
one-time enrollment period established under paragraph (1).
SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND
MEDICAID ENROLLEES.
(a) In General.--Section 1882(s)(3) of the Social Security Act (42
U.S.C. 1395ss(s)(3)), as amended by section 2, is amended--
(1) in subparagraph (B), by adding at the end the following
new clauses:
``(vii) The individual was enrolled in a Medicare Advantage
plan under part C for not less than 12 months and subsequently
disenrolled from such plan and elects to receive benefits under
this title through the original Medicare fee-for-service
program under parts A and B.
``(viii) The individual--
``(I) is entitled to, or enrolled for, benefits
under part A and enrolled for benefits under part B;
``(II) was eligible for medical assistance under a
State plan or waiver under title XIX and was enrolled
in such plan or waiver; and
``(III) subsequently lost eligibility for such
medical assistance.'';
(2) by striking subparagraph (C)(iii) and inserting the
following:
``(iii) Subject to subsection (v)(1), for purposes of an individual
described in clause (vi), (vii), or (viii) of subparagraph (B), a
Medicare supplemental policy described in this subparagraph shall
include any Medicare supplemental policy.''; and
(3) in subparagraph (E)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(vi) in the case of an individual described in
subparagraph (B)(vii), the annual, coordinated election period
(as defined in section 1851(e)(3)(B)) or a continuous open
enrollment period (as defined in section 1851(e)(2)) during
which the individual disenrolls from a Medicare Advantage plan
under part C; and
``(vii) in the case of an individual described in
subparagraph (B)(viii), the period beginning on the date that
the individual receives a notice of cessation of such
individual's eligibility for medical assistance under the State
plan or waiver under title XIX and ending on the date that is
123 days after the individual receives such notice.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to Medicare supplemental policies effective on or after January
1, 2011.
SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN
MEDICARE ADVANTAGE.
(a) In General.--Section 1851(a) of the Social Security Act (42
U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting
the following:
``(3) Medicare+choice eligible individual.--In this title,
the term `Medicare+Choice eligible individual' means an
individual who is entitled to benefits under part A and
enrolled under part B.''.
(b) Conforming Amendments.--
(1) Section 1852(b) of the Social Security Act (42 U.S.C.
1395w-22(b)) is amended by striking paragraph (1) and inserting
the following:
``(1) Beneficiaries.--A Medicare Advantage organization may
not deny, limit, or condition the coverage or provision of
benefits under this part, for individuals permitted to be
enrolled with the organization under this part, based on any
health status-related factor described in section 2705(a)(1) of
the Public Health Service Act (as amended by section 1201(4) of
the Patient Protection and Affordable Care Act). The Secretary
shall not approve a plan of an organization if the Secretary
determines that the design of the plan and its benefits are
likely to substantially discourage enrollment by certain MA
eligible individuals with the organization.''.
(2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-
28(b)(6)(B)) is amended in the second sentence by striking
``may waive application of section 1851(a)(3)(B) in the case of
an individual described in clause (i), (ii), or (iii) of this
subparagraph and''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2011.
SEC. 5. PROVIDING FOR ANNUAL GUARANTEED-ISSUE CHANGES IN ENROLLMENT
UNDER MEDIGAP POLICIES.
Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) The Secretary shall specify an annual period (with the
first such period occurring during 2011) during which individuals
enrolled in a Medicare supplemental policy with a particular benefit
package may change to another such policy if such other policy is
offered by a different issuer and available for issuance to new
enrollees by such issuer and if such other policy has the same benefit
package or a benefit package with lesser benefits (as determined by the
Secretary). Such annual period shall, to the extent feasible, coincide
with annual open enrollment periods under parts C and D. A change in
enrollment during such a period in a year shall become effective as of
the first day of the following year.
``(B) In the case of an individual who seeks to change enrollment
to a Medicare supplemental policy issued by a different issuer during
an annual period pursuant to subparagraph (A), subject to subparagraph
(C), the issuer of such policy--
``(i) may not deny or condition the issuance or
effectiveness of the policy a Medicare supplemental policy
described in subparagraph (A);
``(ii) may not discriminate in the pricing of such policy,
because of health status, claims experience, receipt of health
care, or medical condition; and
``(iii) may not impose an exclusion of benefits based on a
preexisting condition under such policy.
``(C) In the case of a change of enrollment under this paragraph
and in order to prevent adverse selection under this paragraph from
disrupting the orderly marketing of Medicare supplemental policies, the
Secretary may permit the new issuer of the Medicare supplemental policy
to apply such limited pre-existing conditions and such premium rating
rules as may be appropriate.''. | Fairness in Medigap Options Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to make eligible for guaranteed issue of Medicare supplemental (Medigap) policies: (1) all Medicare beneficiaries; (2) Medicare Advantage plan enrollees who disenroll from the plan and elect to receive benefits through the original Medicare fee-for-service program; and (3) Medicaid (SSA title XIX) plan enrollees who have lost eligibility for such medical assistance.
Allows individuals with end stage renal disease (ESRD) to receive Medicare benefits through enrollment in a Medicare+Choice plan.
Directs the Secretary of Health and Human Services (HHS) to specify an annual period during which individuals enrolled in a Medigap policy with a particular benefit package may change to another such policy if the other policy: (1) is offered by a different issuer and is available for issuance to new enrollees; and (2) has the same benefit package or a benefit package with lesser benefits. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide all Medicare beneficiaries with the right to guaranteed issue of a Medicare supplemental policy and annual open change-in-enrollment periods, and for other purposes."} | 2,243 | 227 | 0.536885 | 1.441966 | 0.719938 | 3.594737 | 10.215789 | 0.942105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety in Defense Contracting Act''.
SEC. 2. REQUIREMENT FOR SECRETARY OF DEFENSE TO DEBAR COMPANIES FOUND
TO JEOPARDIZE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL OR
FOUND GUILTY OF CONTRACT FRAUD.
(a) Requirement To Debar.--
(1) Prime contractors.--The Secretary of Defense shall
debar from contracting with the Department of Defense any
defense contractor--
(A) that has been determined, through a criminal,
civil, or administrative proceeding that results in a
disposition listed in subsection (f), in the
performance of a covered contract--
(i) to have caused serious injury or death
to any civilian or military personnel of the
Government through gross negligence or with
reckless disregard for the safety of such
personnel; or
(ii) to have committed fraud; or
(B) that awarded a subcontract under a covered
contract to a subcontractor that has been determined,
through a criminal, civil, or administrative proceeding
that results in a disposition listed in subsection (f),
in the performance of the subcontract--
(i) to have caused serious injury or death
to any civilian or military personnel of the
Government, through gross negligence or with
reckless disregard for the safety of such
personnel; or
(ii) to have committed fraud.
(2) Subcontractors.--The Secretary of Defense shall debar
from contracting with the Department of Defense any
subcontractor under a covered contract with respect to which a
determination described in paragraph (1)(B) has been made. The
Secretary of Defense also shall require, as a condition of any
defense contract, that no subcontract may be awarded under the
contract to any subcontractor with respect to which a
determination described in paragraph (1)(B) has been made.
(b) Definitions.--In this section:
(1) The term ``defense contractor'' means a company awarded
a covered contract.
(2) The term ``covered contract'' means a contract awarded
by the Department of Defense in an amount in excess of $500,000
for the procurement of goods or services.
(c) Applicability of Debarment.--A debarment required by subsection
(a) shall apply only with respect to contracts sought by an offeror for
the same or similar goods or services as those provided or performed
under the contract or subcontract with respect to which a determination
described in subparagraph (A) or (B) of subsection (a)(1) was made.
(d) Period of Debarment.--The debarment required by subsection (a)
shall apply for a period of not less than five years after the date of
the determination described in subsection (a)(1).
(e) Waiver.--The debarment required by subsection (a) may be waived
by the Secretary of Defense on a case-by-case basis if the Secretary
finds that the debarment would jeopardize national security.
(f) List of Dispositions in Criminal, Civil, or Administrative
Proceedings.--For purposes of subsection (a), the dispositions listed
in this subsection are as follows:
(1) In a criminal proceeding, a conviction.
(2) In a civil proceeding, a finding of fault and liability
that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(3) In an administrative proceeding, a finding of fault and
liability that results in--
(A) the payment of a monetary fine or penalty of
$5,000 or more; or
(B) the payment of a reimbursement, restitution, or
damages in excess of $100,000.
(4) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by
consent or compromise with an acknowledgment of fault by the
person if the proceeding could have led to any of the outcomes
specified in paragraph (1), (2), or (3).
SEC. 3. WITHHOLDING OF CERTAIN CONTRACT FEES.
In the case of any defense contractor that receives a level III
corrective action request from the Defense Contract Management Agency
in a fiscal year, the Secretary of Defense shall withhold any award or
incentive fees on the contract for that fiscal year. With respect to
any such fees already paid to the contractor during that fiscal year,
the Secretary shall require the contractor to pay back the fees. | Safety in Defense Contracting Act - Requires the Secretary of Defense to debar from contracting with the Department of Defense (DOD) any defense contractor: (1) officially determined to have caused serious injury or death to any civilian or military personnel through gross negligence or reckless disregard for safety, or to have committed fraud; or (2) awarded a subcontract to a subcontractor officially determined to have caused or committed such actions. Directs the Secretary to also debar any subcontractor found to have caused or committed such actions.
Requires a five-year minimum period for such a debarment.
Authorizes a debarment waiver by the Secretary if it would jeopardize national security.
Directs the Secretary, in the case of any defense contractor receiving a level III corrective action request from the Defense Contract Management Agency in a fiscal year, to withhold any contract award or incentive fees for that fiscal year. | {"src": "billsum_train", "title": "To require the Secretary of Defense to debar from contracting with the Department of Defense any company found to have jeopardized the health or safety of Government personnel or found guilty of contract fraud, and for other purposes."} | 984 | 201 | 0.629059 | 1.877471 | 0.939507 | 3.452381 | 5.327381 | 0.916667 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Relief Act of 1998''.I20 (b) Amendment of 1986 Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue Code of
1986.
(c) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. INCOME TAXED AT LOWEST RATE INCREASED TO $35,000 FOR UNMARRIED
INDIVIDUALS, $70,000 FOR JOINT RETURNS AND SURVIVING
SPOUSES, AND $52,600 FOR HEADS OF HOUSEHOLDS.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $70,000...............
15% of taxable income.
Over $70,000 but not over
$102,300.
$10,500, plus 28% of the excess
over $70,000.
Over $102,300 but not over
$155,950.
$19,544, plus 31% of the excess
over $102,300.
Over $155,950 but not over
$278,450.
$36,175, plus 36% of the excess
over $155,950.
Over $278,450..................
$80,275, plus 39.6% of the
excess over $278,450.
``(b)Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $52,600...............
15% of taxable income.
Over $52,600 but not over
$87,700.
$7,890, plus 28% of the excess
over $52,600.
Over $87,700 but not over
$142,000.
$17,718, plus 31% of the excess
over $87,700.
Over $142,000 but not over
$278,450.
$34,551, plus 36% of the excess
over $142,000.
Over $278,450..................
$83,673 plus 39.6% of the
excess over $278,450.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$61,400.
$5,250, plus 28% of the excess
over $35,000.
Over $61,400 but not over
$128,100.
$12,642, plus 31% of the excess
over $61,400.
Over $128,100 but not over
$278,450.
$33,319, plus 36% of the excess
over $128,100.
Over $278,450..................
$87,445, plus 39.6% of the
excess over $278,450.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $36,000 but not over
$51,150.
$5,250, plus 28% of the excess
over $35,000.
Over $51,150 but not over
$77,975.
$9,772, plus 31% of the excess
over $51,150.
Over $77,975 but not over
$139,225.
$18,088, plus 36% of the excess
over $77,975.
Over $139,225..................
$40,138, plus 39.6% of the
excess over $139,225.
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:Q10
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,000
$255, plus 28% of the excess
over $1,700.
Over $4,000 but not over $6,100
$899, plus 31% of the excess
over $4,000.
Over $6,100 but not over $8,350
$1,550, plus 36% of the excess
over $6,100.
Over $8,350....................
$2,360, plus 39.6% of the
excess over $8,350.''.
(b) Inflation Adjustment To Apply in Determining Rates for 1999.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1998'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1997'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``1997'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 42(h)(6)(G)(i)(II).
(E) Section 68(b)(2)(B).
(F) Section 135(b)(2)(B)(ii).
(G) Section 151(d)(4).
(H) Section 221(g)(1)(B).
(I) Section 512(d)(2)(B).
(J) Section 513(h)(2)(C)(ii).
(K) Section 877(a)(2).
(L) Section 911(b)(2)(D)(ii)(II).
(M) Section 4001(e)(1)(B).
(N) Section 4261(e)(4)(A)(ii).
(O) Section 6039F(d).
(P) Section 6334(g)(1)(B).
(Q) Section 7430(c)(1).
(2) Subparagraph (B) of section 59(j)(2) is amended by
striking ``, determined by substituting `1997' for `1992' in
subparagraph (B) thereof''.
(3) Subparagraph (B) of section 63(c)(4) is amended by
striking ``by substituting for'' and all that follows and
inserting ``by substituting for `calendar year 1997' in
subparagraph (B) thereof `calendar year 1987' in the case of
the dollar amounts contained in paragraph (2) or (5)(A) or
subsection (f).''
(4) Subparagraph (B) of section 132(f)(6) is amended by
inserting before the period ``, determined by substituting
`calendar year 1992' for `calendar year 1997' in subparagraph
(B) thereof''.
(5) Paragraph (2) of section 220(g) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(6) Subparagraph (B) of section 685(c)(3) is amended by
striking ``, by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(7) Subparagraph (B) of section 2032A(a)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(8) Subparagraph (B) of section 2503(b)(2) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(9) Paragraph (2) of section 2631(c) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(10) Subparagraph (B) of 6601(j)(3) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(d) Modification of Withholding Tables for Taxable Year 1998.--
Notwithstanding the provisions of section 3402(a) of the Internal
Revenue Code of 1986, the Secretary of the Treasury shall modify the
tables and procedures under section 3402(a)(1) of such Code to reflect
the amendment made by subsection (a). Such modification shall--
(1) take effect on July 1, 1998, and
(2) reflect the entire reduction in taxes for calendar year
1998 made by such amendment during the 6-month period beginning
July 1, 1998.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts. | {"src": "billsum_train", "title": "Middle Class Tax Relief Act of 1998"} | 2,302 | 63 | 0.452288 | 1.084566 | 0.517915 | 2.18 | 38.66 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Border Corruption
Reauthorization Act of 2017''.
SEC. 2. HIRING FLEXIBILITY.
Section 3 of the Anti-Border Corruption Act of 2010 (Public Law
111-376; 6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1) in the
following circumstances:
``(1) In the case of a current, full-time law enforcement
officer employed by a State or local law enforcement agency, if
such officer--
``(A) has served as a law enforcement officer for
not fewer than 3 years with no break in service;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past 10 years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency.
``(2) In the case of a current, full-time law enforcement
officer employed by a Federal law enforcement agency, if such
officer--
``(A) has served as a law enforcement officer for
not fewer than 3 years with no break in service;
``(B) has authority to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation.
``(3) In the case of an individual who is a member of the
Armed Forces (or a reserve component thereof) or a veteran, if
such individual--
``(A) has served in the Armed Forces for not fewer
than 3 years;
``(B) holds, or has held within the past 5 years, a
Secret, Top Secret, or Top Secret / Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past 5
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is 5 years
after the date of the enactment of the Anti-Border Corruption
Reauthorization Act of 2017.''.
SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.
(a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read
as follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-Exemption.--An individual who receives a waiver under
subsection (b) of section 3 is not exempt from other hiring
requirements relating to suitability for employment and eligibility to
hold a national security designated position, as determined by the
Commissioner of U.S. Customs and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under subsection (b) of section 3 who holds a current Tier 4
background investigation shall be subject to a Tier 5 background
investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under subsection (b) of section 3 if information
is discovered prior to the completion of a background investigation
that results in a determination that a polygraph examination is
necessary to make a final determination regarding suitability for
employment or continued employment, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 is amended by
adding at the end the following new section:
``SEC. 5. REPORTING.
``Not later than 1 year after the date of the enactment of this
section and every year for the next 4 years thereafter, the
Commissioner of U.S. Customs and Border Protection shall provide the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
information on the number, disaggregated with respect to each of
paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers
requested, granted, and denied, and the reasons for any such denial,
and the final outcome of the application for employment at issue. Such
information shall also include the number of instances a polygraph
examination was administered under the conditions described in
subsection (c) of section 4, the result of such examination, and the
final outcome of the application for employment at issue.''.
(c) Definitions.--The Anti-Border Corruption Act of 2010, as
amended by subsection (b) of this section, is further amended by adding
at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Law enforcement officer.--The term `law enforcement
officer' has the meaning given such term in sections 8331(20)
and 8401(17) of title 5, United States Code.
``(2) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.
``(3) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.
``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.''.
Passed the House of Representatives June 7, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Anti-Border Corruption Reauthorization Act of 2017 (Sec. 2) This bill amends the Anti-Border Corruption Act of 2010 to expand the authority of the U.S. Customs and Border Protection (CBP) to waive the administration of polygraph examinations to civilian and military applicants for law enforcement positions in the CBP. This expanded waiver authority terminates five years after the enactment of this bill. (Sec. 3) An individual who receives such a waiver is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position. Any individual who receives a waiver and holds a current Tier 4 (High Risk Public Trust) background investigation shall be subject to a Tier 5 (Critical Sensitive and Special Sensitive National Security) background investigation. The CBP may administer a polygraph examination to an applicant or employee who receives a waiver if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment. The CBP shall provide Congress information on the number of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered, the result of any such examination, and the final outcome of the application for employment at issue. | {"src": "billsum_train", "title": "Anti-Border Corruption Reauthorization Act of 2017"} | 1,634 | 327 | 0.550299 | 1.660169 | 0.822905 | 5.740741 | 5.533333 | 0.918519 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Code Talkers
Recognition Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expression of recognition.
TITLE I--SIOUX CODE TALKERS
Sec. 101. Findings.
Sec. 102. Congressional commemorative medal.
TITLE II--COMANCHE CODE TALKERS
Sec. 201. Findings.
Sec. 202. Congressional commemorative medal.
TITLE III--CHOCTAW CODE TALKERS
Sec. 301. Findings.
Sec. 302. Congressional commemorative medal.
TITLE IV--SAC AND FOX CODE TALKERS
Sec. 401. Findings.
Sec. 402. Congressional commemorative medal.
TITLE V--GENERAL PROVISIONS
Sec. 501. Definition of Indian tribe.
Sec. 502. Medals for other Code Talkers.
Sec. 503. Provisions applicable to all medals under this Act.
Sec. 504. Duplicate medals.
Sec. 505. Status as national medals.
Sec. 506. Funding.
SEC. 2. EXPRESSION OF RECOGNITION.
The purpose of the medals authorized by this Act is to express
recognition by the United States and citizens of the United States of,
and to honor, the Native American Code Talkers who distinguished
themselves in performing highly successful communications operations of
a unique type that greatly assisted in saving countless lives and in
hastening the end of World War I and World War II.
TITLE I--SIOUX CODE TALKERS
SEC. 101. FINDINGS.
Congress finds that--
(1) Sioux Indians used their native languages, Dakota,
Lakota, and Dakota Sioux, as code during World War II;
(2) those individuals, who manned radio communications
networks to advise of enemy actions, became known as the Sioux
Code Talkers;
(3) under some of the heaviest combat action, the Code
Talkers worked around the clock to provide information that
saved the lives of many Americans in war theaters in the
Pacific and Europe, such as the location of enemy troops and
the number of enemy guns; and
(4) the Sioux Code Talkers were so successful that military
commanders credit the code with saving the lives of countless
American soldiers and being instrumental to the success of the
United States in many battles during World War II.
SEC. 102. CONGRESSIONAL COMMEMORATIVE MEDAL.
The President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall make appropriate arrangements for the
presentation, on behalf of Congress, of a commemorative medal of
appropriate design, to each Sioux Code Talker, including--
(1) Eddie Eagle Boy;
(2) Simon Brokenleg;
(3) Iver Crow Eagle, Sr.;
(4) Edmund St. John;
(5) Walter C. John;
(6) John Bear King;
(7) Phillip ``Stoney'' LaBlanc;
(8) Baptiste Pumpkinseed;
(9) Guy Rondell;
(10) Charles Whitepipe; and
(11) Clarence Wolfguts.
TITLE II--COMANCHE CODE TALKERS
SEC. 201. FINDINGS.
Congress finds that--
(1) the Japanese Empire attacked Pearl Harbor, Hawaii, on
December 7, 1941, and Congress declared war on Japan the
following day;
(2) the military code developed by the United States for
transmitting messages had been deciphered by the Axis powers,
and United States military intelligence sought to develop a new
means to counter the enemy;
(3) the Federal Government called on the Comanche Nation to
support the military effort by recruiting and enlisting
Comanche men to serve in the United States Army to develop a
secret code based on the Comanche language;
(4) at the time, the Comanches were--
(A) considered to be second-class citizens; and
(B) discouraged from using their own language;
(5) the Comanches of the 4th Signal Division became known
as the ``Comanche Code Talkers'' and helped to develop a code
using their language to communicate military messages during
the D-Day invasion and in the European theater during World War
II;
(6) to the frustration of the enemy, the code developed by
those Native Americans--
(A) proved to be unbreakable; and
(B) was used extensively throughout the European
war theater;
(7) the Comanche language, discouraged in the past, was
instrumental in developing 1 of the most significant and
successful military codes of World War II;
(8) the efforts of the Comanche Code Talkers--
(A) contributed greatly to the Allied war effort in
Europe;
(B) were instrumental in winning the war in Europe;
and
(C) saved countless lives;
(9) only 1 of the Comanche Code Talkers of World War II
remains alive today; and
(10) the time has come for Congress to honor the Comanche
Code Talkers for their valor and service to the United States.
SEC. 202. CONGRESSIONAL COMMEMORATIVE MEDAL.
The President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall make appropriate arrangements for the
presentation, on behalf of Congress, of a commemorative medal of
appropriate design to each of the following Comanche Code Talkers of
World War II, in recognition of contributions of those individuals to
the United States:
(1) Charles Chibitty.
(2) Haddon Codynah.
(3) Robert Holder.
(4) Forrest Kassanovoid.
(5) Willington Mihecoby.
(6) Perry Noyebad.
(7) Clifford Otitivo.
(8) Simmons Parker.
(9) Melvin Permansu.
(10) Dick Red Elk.
(11) Elgin Red Elk.
(12) Larry Saupitty.
(13) Morris Sunrise.
(14) Willie Yackeschi.
TITLE III--CHOCTAW CODE TALKERS
SEC. 301. FINDINGS.
Congress finds that--
(1) on April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany and entered
World War I, the War to End All Wars;
(2) at the time of that declaration of war, Indian people
in the United States, including members of the Choctaw Nation,
were not accorded the status of citizens of the United States;
(3) without regard to this lack of citizenship, many
members of the Choctaw Nation joined many members of other
Indian tribes and nations in enlisting in the Armed Forces to
fight on behalf of the United States;
(4) members of the Choctaw Nation were--
(A) enlisted in the force known as the American
Expeditionary Force, which began hostile actions in
France in the fall of 1917; and
(B) incorporated in a company of Indian enlistees
serving in the 142d Infantry Company of the 36th
Division;
(5) a major impediment to Allied operations in general, and
operations of the United States in particular, was the fact
that the German forces had deciphered all codes used for
transmitting information between Allied commands, leading to
substantial loss of men and materiel during the first year in
which the military of the United States engaged in combat in
World War I;
(6) because of the proximity and static nature of the
battle lines, a method to communicate without the knowledge of
the enemy was needed;
(7) a commander of the United States realized the fact that
he had under his command a number of men who spoke a native
language;
(8) while the use of such native languages was discouraged
by the Federal Government, the commander sought out and
recruited 18 Choctaw Indians to assist in transmitting field
telephone communications during an upcoming campaign;
(9) because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions;
(10) the Choctaw soldiers were placed in different command
positions to achieve the widest practicable area for
communications;
(11) the use of the Choctaw Code Talkers was particularly
important in--
(A) the movement of American soldiers in October of
1918 (including securing forward and exposed
positions);
(B) the protection of supplies during American
action (including protecting gun emplacements from
enemy shelling); and
(C) in the preparation for the assault on German
positions in the final stages of combat operations in
the fall of 1918;
(12) in the opinion of the officers involved, the use of
Choctaw Indians to transmit information in their native
language saved men and munitions, and was highly successful;
(13) based on that successful experience, Choctaw Indians
were withdrawn from frontline units for training in
transmission of codes so as to be more widely used when the war
came to an end;
(14) the Germans never succeeded in breaking the Choctaw
code;
(15) that was the first time in modern warfare that the
transmission of messages in a Native American language was used
for the purpose of confusing the enemy;
(16) this action by members of the Choctaw Nation--
(A) is another example of the commitment of Native
Americans to the defense of the United States; and
(B) adds to the proud legacy of such service; and
(17) the Choctaw Nation has honored the actions of those 18
Choctaw Code Talkers through a memorial bearing their names
located at the entrance of the tribal complex in Durant,
Oklahoma.
SEC. 302. CONGRESSIONAL COMMEMORATIVE MEDAL.
The President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall make appropriate arrangements for the
presentation, on behalf of Congress, of a commemorative medal of
appropriate design honoring the Choctaw Code Talkers.
TITLE IV--SAC AND FOX CODE TALKERS
SEC. 401. FINDINGS.
Congress finds that--
(1) Sac and Fox Indians used their native language,
Meskwaki, to transmit military code during Word War II;
(2) those individuals, who manned radio communications
networks to advise of enemy actions, became known as the Sac
and Fox Code Talkers; and
(3) under heavy combat action, the Code Talkers worked
without sleep to provide information that saved the lives of
many Americans.
SEC. 402. CONGRESSIONAL COMMEMORATIVE MEDAL.
The President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall make appropriate arrangements for the
presentation, on behalf of Congress, of a commemorative medal of
appropriate design, to each of the following Sac and Fox Code Talkers
of World War II, in recognition of the contributions of those
individuals to the United States:
(1) Frank Sanache.
(2) Willard Sanache.
(3) Dewey Youngbear.
(4) Edward Benson.
(5) Judie Wayne Wabaunasee.
(6) Mike Wayne Wabaunasee.
(7) Dewey Roberts.
(8) Melvin Twin.
TITLE V--GENERAL PROVISIONS
SEC. 501. DEFINITION OF INDIAN TRIBE.
In this title, the term ``Indian tribe'' has the meaning given the
term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 4506).
SEC. 502. MEDALS FOR OTHER CODE TALKERS.
(a) Presentation Authorized.--In addition to the commemorative
medals authorized to be presented under sections 102, 202, 302, and
402, the President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall make appropriate arrangements for the
presentation, on behalf of Congress, of a commemorative medal of
appropriate design to any other Native American Code Talker identified
by the Secretary of Defense under subsection (b) who has not previously
received a congressional commemorative medal.
(b) Identification of Other Native American Code Talkers.--
(1) In general.--Any Native American member of the United
States Armed Forces who served as a Code Talker in any foreign
conflict in which the United States was involved during the
20th Century shall be eligible for a commemorative medal under
this section.
(2) Determination.--The Secretary of Defense shall--
(A) determine eligibility under paragraph (1); and
(B) not later than 120 days after the date of
enactment of this Act, establish a list of the names of
individuals eligible to receive a medal under paragraph
(1).
SEC. 503. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.
(a) Medals Awarded Posthumously.--A medal authorized by this Act
may be awarded posthumously on behalf of, and presented to the next of
kin or other representative of, a Native American Code Talker.
(b) Design and Striking.--
(1) In general.--For purposes of any presentation of a
commemorative medal under this Act, the Secretary of the
Treasury shall strike gold medals with suitable emblems,
devices, and inscriptions, to be determined by the Secretary of
the Treasury.
(2) Designs emblematic of tribal affiliation.--The design
of the commemorative medals struck under this Act for Native
American Code Talkers who are members of the same Indian tribe
shall be emblematic of the participation of the Code Talkers of
that Indian tribe.
SEC. 504. DUPLICATE MEDALS.
The Secretary of the Treasury may strike and sell duplicates in
bronze of the commemorative medals struck under this Act--
(1) in accordance with such regulations as the Secretary
may promulgate; and
(2) at a price sufficient to cover the costs of the medals
(including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the bronze medal).
SEC. 505. STATUS AS NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 506. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as are necessary to strike and award medals authorized by this
Act.
(b) Proceeds of Sale.--All amounts received from the sale of
duplicate bronze medals under section 504 shall be deposited in the
United States Mint Public Enterprise Fund.
Passed the Senate September 20, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1035
_______________________________________________________________________
AN ACT
To authorize the presentation of commemorative medals on behalf of
Congress to Native Americans who served as Code Talkers during foreign
conflicts in which the United States was involved during the 20th
century in recognition of the service of those Native Americans to the
United States. | Code Talkers Recognition Act - Title I: Sioux Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Sioux Code Talkers of World War II..
Title II: Comanche Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Comanche Code Talkers of World War II.
Title III: Choctaw Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Choctaw Code Talkers of World War I.
Title IV: Sac and Fox Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Sac and Fox Code Talkers of World War II.
Title V: General Provisions - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to any other Native American Code Talkers identified by the Secretary of Defense who has not previously received a congressional commemorative medal. .
Allows the posthumous award of a medal authorized by this Act. | {"src": "billsum_train", "title": "A bill to authorize the presentation of commemorative medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th century in recognition of the service of those Native Americans to the United States."} | 3,307 | 367 | 0.693217 | 2.154513 | 0.662762 | 5.758503 | 10.394558 | 0.969388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Mercury is a potent neurotoxin of significant
ecological and public health concern.
(2) It is estimated that more than 410,000 children born
each year in the United States are exposed to levels of mercury
in the womb that are high enough to impair neurological
development.
(3) The Centers for Disease Control and Prevention has
found that 6 percent of women in the United States of
childbearing age have blood mercury levels in excess of values
determined to be safe by the Environmental Protection Agency.
(4) Exposure to mercury occurs largely by consumption of
contaminated fish. At the same time, fish and shellfish are an
important source of dietary protein, and a healthy fishing
resource is important to the economy of the United States.
(5) Fish and shellfish contain high-quality protein and
other essential nutrients, are low in saturated fat, and
contain omega-3 fatty acids. A well-balanced diet that includes
a variety of fish and shellfish can contribute to heart health
and children's proper growth and development. A national
mercury monitoring network will provide consistent scientific
data on the status of this vital nutritional and commercial
resource.
(6) In many locations, the primary route for mercury input
to aquatic ecosystems is atmospheric emissions, transport, and
deposition. Computer models and other assessment tools provide
varying effectiveness in predicting mercury concentrations in
fish and existing broad-scale data sets are insufficient to
test model predictions.
(7) As the Federal Government and State governments advance
regulations to curb mercury emissions, such regulations should
be evaluated by a nationwide monitoring network that can
document whether such regulations are effective.
SEC. 3. MONITORING PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, in consultation with
the heads of applicable Federal agencies, shall establish a
long-term national-scale mercury monitoring program to track--
(A) long-term trends in atmospheric mercury
concentrations and deposition; and
(B) in response to changing mercury emissions over
time, mercury levels in--
(i) watersheds and surface waters; and
(ii) fish and wildlife in terrestrial,
freshwater, and coastal ecosystems.
(2) Monitoring sites.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act and in coordination the
Mercury Monitoring Advisory Committee, the
Administrator, in consultation with the heads of the
applicable Federal agencies, shall select multiple
monitoring sites for the mercury monitoring program
established under this section representing different
ecoregions of the United States.
(B) Locations.--Locations of monitoring sites for
the mercury monitoring program established under this
section shall include, national parks, national
wildlife refuges, national estuarine reserves, and
sensitive ecological areas in which substantive changes
are expected from reductions in domestic mercury
emissions. Such monitoring sites shall be co-located
with sites from other long-term environmental
monitoring programs, as practicable, including sites
associated with the National Ecological Observatory
Network, Long Term Ecological Research Network, and the
National Atmospheric Deposition Program.
(3) Monitoring protocols.--Not later than 1 year after the
date of enactment of this Act and in coordination with the
Mercury Monitoring Advisory Committee, the Administrator shall
establish and publish standardized measurement protocols for
the mercury monitoring program established under this section,
including data assurance and quality standards consistent with
standards developed by the Federal Geographic Data Committee
for use by Federal agencies and other data gathering entities.
(4) Data collection and distribution.--Not later than 1
year after the date of enactment of this Act and in
coordination with the Mercury Monitoring Advisory Committee,
the Administrator shall establish a centralized database for
existing and newly collected environmental mercury data that
can be freely accessed online once data assurance and quality
standards established by the Administrator under paragraph (3)
are met.
(b) Air and Watersheds.--The mercury monitoring program established
under this section shall monitor long-term changes in mercury levels in
air and watersheds at sites selected under subsection (a)(2), including
through--
(1) the measurement and recording of wet, and estimation of
dry, mercury deposition, mercury flux, and mercury export;
(2) the measurement and recording of the level of mercury
reemitted from aquatic and terrestrial environments into the
atmosphere; and
(3) the measurement of sulfur species and ancillary
measurements at a portion of the monitoring sites to fully
understand the cycling of mercury through the ecosystem.
(c) Water and Soil Chemistry.--The mercury monitoring program
established under this section shall monitor long-term changes in
mercury and methylmercury levels in water and soil at sites selected
under subsection (a)(2), including through--
(1) extraction and analysis of sediment cores;
(2) measurement and recording of total mercury and
methylmercury concentration, and percent methylmercury in
surface sediments;
(3) measurement and recording of total mercury and
methylmercury concentration in surface water; and
(4) measurement and recording of total mercury and
methylmercury concentrations throughout the water column and
sediments.
(d) Aquatic and Terrestrial Organisms.--The mercury monitoring
program established under this section shall monitor long-term changes
in mercury and methylmercury levels in the aquatic and terrestrial
organisms at sites selected under subsection (a)(2), including
through--
(1) measurement and recording of total mercury and
methylmercury concentrations in zooplankton and other
invertebrates;
(2) measurement and recording of total mercury and
methylmercury concentrations in yearling fish;
(3) measurement and recording of total mercury and
methylmercury concentrations in commercially, recreationally,
or conservation relevant fish;
(4) measurement and recording of total mercury
concentrations in selected insect- and fish-eating birds; and
(5) measurement and recording of total mercury
concentrations in selected insect- and fish-eating mammals.
SEC. 4. ADVISORY COMMITTEE.
(a) Establishment.--There is established a scientific advisory
committee, to be known as the ``Mercury Monitoring Advisory
Committee'', to advise the Administrator and the heads of the
applicable Federal agencies on the establishment, site selection,
measurement, recording protocols, data integration, standardization
protocols, reporting, funding, and operation of the national mercury
monitoring program established under this Act.
(b) Membership.--The Mercury Monitoring Advisory Committee shall
consist of scientists who are not employees of the Federal Government,
including--
(1) 3 scientists appointed by the Administrator;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the United
States Geological Survey;
(4) 2 scientists appointed by the Director of the National
Park Service; and
(5) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 5. REPORTS.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Administrator shall transmit to Congress
a report on the mercury monitoring program established under this Act,
including trend data. Once every 4 years, such a report shall include
an assessment of the reduction in mercury deposition rates that must be
achieved in order to prevent adverse human and ecological effects.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) for fiscal year 2013, $37,000,000;
(2) for fiscal year 2014, $29,000,000; and
(3) for fiscal year 2015, $29,000,000.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Applicable federal agency.--The term ``applicable
Federal agency'' may include the United States Fish and
Wildlife Service, the United States Geological Survey, the
National Park Service, the National Oceanic and Atmospheric
Administration, and any other Federal agency, bureau, or
department the Administrator determines relevant.
(3) Ecoregion.--The term ``ecoregion'' means a large, as
determined by the Administrator, area of land and water that
contains a geographically distinct assemblage of natural
communities, including similar land forms, climate, ecological
processes, and vegetation.
(4) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from one water body to another (such as a lake to a river),
generally expressed as mass per unit time.
(5) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (such as
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit time or mass
per unit area per time.
(6) Mercury monitoring advisory committee.--The term
``Mercury Monitoring Advisory Committee'' means the Mercury
Monitoring Advisory Committee established under section 4.
(7) Surface sediment.--The term ``surface sediment'' means
sediment in the uppermost 2 centimeters of a lakebed or
riverbed. | Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a long-term national-scale mercury monitoring program that monitors long-term changes in: (1) mercury levels in air and watersheds, and (2) mercury and methylmercury levels in water and soil and in aquatic and terrestrial organisms.
Requires the Administrator to: (1) select multiple monitoring sites representing different U.S. ecoregions that include national parks, wildlife refuges, national estuarine reserves, and other sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data.
Establishes a Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, measurement, recording protocols, data integration, standardization protocols, reporting, funding, and operation of the program.
Requires the Administrator to report on the program every two years and include, every four years, an assessment of the reduction in mercury deposition rates that must be achieved in order to prevent adverse human and ecological effects. | {"src": "billsum_train", "title": "To provide for the establishment of a national mercury monitoring program."} | 1,980 | 244 | 0.59101 | 1.693696 | 0.869798 | 5.240909 | 8.509091 | 0.959091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Tax Relief Act of
2013''.
SEC. 2. PERMANENT EXTENSION OF AND MODIFICATIONS TO THE CHILD TAX
CREDIT.
(a) Permanent Extension of Increase in Refundable Portion.--
(1) In general.--Clause (i) of section 24(d)(1)(B) of the
Internal Revenue Code of 1986 is amended by striking
``$10,000'' and inserting ``$3,000''.
(2) Conforming amendment.--Subsection (d) of section 24 of
such Code is amended by striking paragraph (4).
(3) Elimination of inflation adjustment.--Subsection (d) of
section 24 of such Code is amended by striking paragraph (3).
(b) Inflation Adjustments.--Section 24 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2012, the $1,000 amount in
subsection (a) and each of the dollar amounts in subsection
(b)(2) shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$50.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 3. PERMANENT EXTENSION OF MODIFICATIONS TO EARNED INCOME TAX
CREDIT.
(a) Increase in Credit Percentage for Families With 3 or More
Children.--Paragraph (1) of section 32(b) of the Internal Revenue Code
of 1986 is amended by striking subparagraphs (B) and (C) and inserting
the following new subparagraph:
``(B) Increased credit percentage for families with
3 or more qualifying children.--In the case of an
eligible individual with 3 or more qualifying children,
the table in subparagraph (A) shall be applied by
substituting `45' for `40' in the second column
thereof.''.
(b) Joint Returns.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``increased by'' and all that follows and inserting ``increased
by $5,000.''.
(2) Inflation adjustments.--Clause (ii) of section
32(j)(1)(B) of such Code is amended--
(A) by striking ``$3,000'' and inserting
``$5,000'',
(B) by striking ``subsection (b)(2)(B)(iii)'' and
inserting ``subsection (b)(2)(B)'', and
(C) by striking ``calendar year 2007'' and
inserting ``calendar year 2008''.
(c) Conforming Amendment.--Section 32(b)of such Code is amended by
striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. STRENGTHENING THE EARNED INCOME TAX CREDIT.
(a) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$8,820'', and
(B) by striking ``$5,280'' in the last column and
inserting ``$10,425''.
(2) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986, as amended by
this Act, is amended--
(A) in clause (i)--
(i) by inserting ``(except as provided in
clause (iii))'' after ``(b)(2)(A)'', and
(ii) by striking ``and'' at the end, and
(B) by adding at the end the following new clause:
``(iii) in the case of the $8,820 and
$10,4250 amount in the table in subsection
(b)(2)(A), by substituting `calendar year 2012'
for `calendar year 1992' in subparagraph (B) of
such section 1.''.
(b) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1)(A) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(c) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code
of 1986 (relating to eligible individual) is amended by striking ``age
25'' and inserting ``age 21''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 5. SIMPLIFYING THE EARNED INCOME TAX CREDIT.
(a) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to eligible individual) is amended by
adding at the end the following new paragraph:
``(G) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii)(I) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse, or
``(II) has a legally binding separation
agreement with the individual's spouse and is
not a member of the same household with the
individual's spouse by the end of the taxable
year,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(G)''.
(b) Elimination of Disqualified Investment Income Test.--
(1) In general.--Section 32 of the Internal Revenue Code of
1986 is amended by striking subsection (i).
(2) Conforming amendments.--
(A) Section 32(j)(1)(B)(i) of such Code, as amended
by this Act, is amended--
(i) by striking ``subsections'' and
inserting ``subsection'', and
(ii) by striking ``and (i)(1)''.
(B) Section 32(j)(2) of such Code is amended to
read as follows:
``(2) Rounding.--If any dollar amount in subsection
(b)(2)(A) (after being increased under subparagraph (B)
thereof), after being increased under paragraph (1), is not a
multiple of $10, such amount shall be rounded to the next
nearest multiple of $10.''.
(c) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986 (relating to eligible individual), as amended by this Act,
is amended by adding at the end the following new paragraph:
``(H) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other custodial parent of such
child who does not make such a claim of such
child may be considered an eligible individual
without a qualifying child for purposes of the
credit allowed under this section for such
taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Working Families Tax Relief Act of 2013 - Amends the Internal Revenue Code, as amended by the American Recovery and Reinvestment Act of 2009, to: (1) make permanent the reduction in the income threshold (from $10,000 to $3,000) for determining the refundable portion of the child tax credit, (2) eliminate the inflation adjustment to such amount, and (3) allow an annual inflation adjustment after 2012 to the $1,000 maximum credit amount and the adjusted gross income threshold amounts used to reduce the allowable amount of such credit. Modifies the earned income tax credit to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more children, (2) increase the credit for taxpayers with no qualifying children, (3) reduce from 25 to 21 the qualifying age for such credit, (4) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member, and (5) repeal the denial of such credit for taxpayers with excess investment income. | {"src": "billsum_train", "title": "Working Families Tax Relief Act of 2013"} | 2,424 | 201 | 0.607544 | 1.488615 | 0.75122 | 1.78392 | 10.311558 | 0.829146 |
SECTION 1. CORRECTION PERIOD FOR CERTAIN TRANSACTIONS INVOLVING
SECURITIES AND COMMODITIES.
(a) Amendment of Employee Retirement Income Security Act of 1974.--
Section 408(b) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1108(b)) is amended by adding at the end the following new
paragraph:
``(14)(A) Except as provided in subparagraphs (B) and (C),
a transaction described in section 406(a) in connection with
the acquisition, holding, or disposition of any security or
commodity, if the transaction is corrected before the end of
the correction period.
``(B) Subparagraph (A) does not apply to any transaction
between a plan and a plan sponsor or its affiliates that
involves the acquisition or sale of an employer security (as
defined in section 407(d)(1)) or the acquisition, sale, or
lease of employer real property (as defined in section
407(d)(2)).
``(C) In the case of any fiduciary or other party in
interest (or any other person knowingly participating in such
transaction), subparagraph (A) does not apply to any
transaction if, at the time the transaction occurs, such
fiduciary or party in interest (or other person) knew that the
transaction would (without regard to this paragraph) constitute
a violation of section 406(a).
``(D) For purposes of this paragraph, the term `correction
period' means, in connection with a fiduciary or party in
interest (or other person knowingly participating in the
transaction), the 14-day period beginning on the date on which
such fiduciary or party in interest (or other person)
discovers, or reasonably should have discovered, that the
transaction would (without regard to this paragraph) constitute
a violation of section 406(a).
``(E) For purposes of this paragraph--
``(i) The term `security' has the meaning given
such term by section 475(c)(2) of the Internal Revenue
Code of 1986 (without regard to subparagraph (F)(iii)
and the last sentence thereof).
``(ii) The term `commodity' has the meaning given
such term by section 475(e)(2) of such Code (without
regard to subparagraph (D)(iii) thereof).''.
(b) Amendment of Internal Revenue Code of 1986.--
(1) In general.--Subsection (d) of section 4975 of the
Internal Revenue Code of 1986 (relating to exemptions) is
amended by striking ``or'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting
``, or'', and by adding at the end the following new paragraph:
``(16) except as provided in subsection (f)(7), a
transaction described in subparagraph (A), (B), (C), or (D) of
subsection (c)(1) in connection with the acquisition, holding,
or disposition of any security or commodity, if the transaction
is corrected before the end of the correction period.''.
(2) Special rules relating to correction period.--
Subsection (f) of section 4975 of such Code (relating to other
definitions and special rules) is amended by adding at the end
the following new paragraph:
``(7) Correction period.--
``(A) In general.--For purposes of subsection
(d)(16), the term `correction period' means the 14-day
period beginning on the date on which the disqualified
person discovers, or reasonably should have discovered,
that the transaction would (without regard to this
paragraph and subsection (d)(16)) constitute a
prohibited transaction.
``(B) Exceptions.--
``(i) Employer securities.--Subsection
(d)(16) does not apply to any transaction
between a plan and a plan sponsor or its
affiliates that involves the acquisition or
sale of an employer security (as defined in
section 407(d)(1)) or the acquisition, sale, or
lease of employer real property (as defined in
section 407(d)(2)).
``(ii) Knowing prohibited transaction.--In
the case of any disqualified person, subsection
(d)(16) does not apply to a transaction if, at
the time the transaction is entered into, the
disqualified person knew that the transaction
would (without regard to this paragraph)
constitute a prohibited transaction.
``(C) Abatement of tax where there is a
correction.--If a transaction is not treated as a
prohibited transaction by reason of subsection (d)(16),
then no tax under subsection (a) and (b) shall be
assessed with respect to such transaction, and if
assessed the assessment shall be abated, and if
collected shall be credited or refunded as an
overpayment.
``(D) Securities and commodities defined.--For
purposes of this paragraph and subsection (d)(16)--
``(i) Security.--The term `security' has
the meaning given such term by section
475(c)(2) (without regard to subparagraph
(F)(iii) and the last sentence thereof).
``(ii) Commodity.--The term `commodity' has
the meaning given such term by section
475(e)(2) (without regard to subparagraph
(D)(iii) thereof).''.
(c) Effective Date.--The amendments made by this section shall
apply to any transaction which the fiduciary or disqualified person
discovers, or reasonably should have discovered, after the date of the
enactment of this Act constitutes a prohibited transaction. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow a correction period for certain security and commodity transactions under the prohibited transaction rules. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide a reasonable correction period for certain security and commodity transactions under the prohibited transaction rules."} | 1,284 | 39 | 0.500381 | 1.321815 | 0.806467 | 3.323529 | 32.852941 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Grade Crossing Safety and
Research Act of 1994''.
SEC. 2. INSTITUTE FOR RAILROAD AND GRADE CROSSING SAFETY.
The Secretary of Transportation (hereinafter Secretary), in
conjunction with a university or college having expertise in highway
driver and railroad safety, shall establish within one year of
enactment of this Act, an Institute for Railroad and Grade Crossing
Safety (hereinafter Institute). The Institute shall research, develop,
fund, or test measures for reducing the number of fatalities and
injuries in rail operations. The Institute shall focus on improvements
in railroad grade crossing safety, railroad trespass prevention,
prevention of railroad vandalism and the improved enforcement of laws
in such areas. There is hereby authorized to be appropriated an
additional $1,000,000 for each of the fiscal years 1996 through 2000
for the Institute, which will make periodic reports to the Secretary of
Transportation and the Congress.
SEC. 3. RAILROAD GRADE CROSSING, TRESPASSING AND VANDALISM PREVENTION
STRATEGY.
(a) Not later than one year after the date of enactment of this
Act, and in consultation with affected parties, the Secretary shall
evaluate and review current local, State and Federal codes regarding
trespass on railroad property and vandalism affecting railroad safety
and develop model prevention and enforcement codes and enforcement
strategies for the consideration of State and local legislatures and
governmental entities.
(b) Within one year of enactment of this Act, the Secretary shall
develop and maintain a comprehensive outreach program to improve
communications among Federal railroad safety inspectors, Federal Rail
Administration-certified State inspectors, railroad police, and State
and local law enforcement, for the purpose of addressing trespass and
vandalism dangers on railroad property, and strengthening relevant law
enforcement strategies. This program shall increase public and police
awareness of the legality of, dangers inherent in, and the extent of,
trespassing on railroad rights-of-way, to develop strategies to improve
the prevention of trespass and vandalism, and to improve the
enforcement of laws relating to railroad trespass, vandalism and grade
crossing safety.
(c) For purposes of this Act, a trespasser is defined as a person
who is on that part of railroad property used in railroad operations
and whose presence is prohibited, forbidden or unlawful.
SEC. 4. CIVIL PENALTY FOR VANDALISM.
Not later than six months after the date of enactment of this Act,
the Secretary shall amend the Secretary's regulations under section 202
of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make
subject to a civil penalty of up to $5,000.00 under such Act any person
who defaces, disables, damages, vandalizes or commits any act that
adversely affects the function of any railroad grade crossing related
signal system, sign, gate, device, sensor, or equipment.
SEC. 5. CIVIL PENALTY FOR TRESPASS ON RAILROAD PROPERTY.
Not later than six months after the date of enactment of this Act,
the Secretary of Transportation shall amend the Secretary's regulations
under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C.
431) to make subject to a civil penalty of up to $2,500.00 under such
an Act any person who trespasses on a railroad owned or railroad leased
right-of-way, road or bridge.
SEC. 6. WARNING OF CIVIL LIABILITY.
The Secretary shall permit and encourage railroads to warn the
public about potential Federal civil liability for violations of
Federal regulations related to vandalism of railroad crossing related
devices, signs and equipment and trespass on railroad property.
SEC. 7. WHISTLE BAN PROHIBITION.
Upon the date of enactment, no state or political subdivision
thereof shall impose a whistle ban with respect to any railroad grade
crossing or series of railroad grade crossings unless one of the
following actions has been taken:
(1) The affected crossing is closed during the pendency of
the ban.
(2) Crossing gates and median barriers have been installed
and are operational at the affected crossing.
(3) Four quadrant gates have been installed and are in
operation at the affected crossing.
(4) An automated horn system crossing device has been
installed.
(5) The Federal rail administrator has granted specific,
time-limited permission for such ban.
SEC. 8. RAIL CAR VISIBILITY.
(a) The Secretary shall conduct a review of the Department of
Transportation's rules with respect to rail car visibility. As part of
this review, the Secretary shall collect relevant data from operational
experience of railroads having enhanced visibility measures in service.
(b) Not later than June 30, 1996, the Secretary shall initiate a
rulemaking proceeding to issue regulations requiring substantially
enhanced visibility standards for newly manufactured and remanufactured
rail cars. In such rulemaking proceedings the Secretary shall consider
at a minimum--
(1) visibility from the perspective of automobile drivers;
(2) whether certain rail car paint colors should be
prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on rail cars;
(5) the effect of any enhanced visibility measures on the
health and safety of train crew members; and
(6) the ratio of cost to benefit of any new regulations.
(c) In issuing regulations under paragraph (b), the Secretary may
exclude from any specific visibility requirement any category of trains
or rail operations if the Secretary determines that such an exclusion
is in the public interest and is consistent with rail safety including
railroad grade crossing safety.
(d) As used in this subsection, the term ``railcar visibility''
means the enhancement of driver, pedestrian and railroad worker ability
to observe trains consistent with public safety with particular
consideration of enhancing safety at railroad grade crossings.
SEC. 9. STATEWIDE RAILROAD GRADE CROSSING FREEZE.
Not later than two years after the date of enactment of this Act,
the Secretary shall initiate a rulemaking proceeding to issue
regulations which--
(1) impose a freeze on the total number of railroad grade
crossings in each State of the United States of America;
(2) after the effective date of the regulation require any
new railroad grade crossing opening to receive the specific
approval of the Federal Rail Administrator;
(3) require that unless otherwise in the public interest,
or necessary to facilitate interstate commerce, three existing
railroad grade crossings be closed in the requesting State for
each new railroad grade crossing opened after the effective
date of this regulation; and
(4) permit the Federal Rail Administrator to waive the
application of this regulation once a State has achieved
significant and sufficient reductions in the total number
railroad grade crossings or has an optimal number of railroad
grade crossings for the entire State.
SEC. 10. RESEARCH PRIORITIES.
The Secretary of Transportation shall incorporate the enhancement
of railroad grade crossing safety, the prevention of trespassing on
railroad property and the prevention of vandalism to railroad grade
crossing safety devices, signs and equipment into the research,
technology development and testing priorities of the Department of
Transportation. In carrying out activities authorized by this Act, the
Secretary shall consult with such other governmental agencies
concerning the availability and affordability of appropriate
technologies, especially defense related technologies for application
to railroad crossing safety, trespass and vandalism prevention and
other rail safety initiatives.
SEC. 11. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.
Toll Free Telephone Number.--The Secretary of Transportation shall
designate not later than one year after the date of enactment of this
Act, and thereafter maintain an emergency notification system utilizing
a toll free ``800'' telephone number that can be used by the public to
convey to railroads, either directly or through public safety
personnel, information about malfunctions or other safety problems at
railroad-highway grade crossings. | Railroad Grade Crossing Safety and Research Act of 1994 - Directs the Secretary of Transportation, in conjunction with a university or college having expertise in highway driver and railroad safety, to establish an Institute for Railroad and Grade Crossing Safety. Directs the Institute to: (1) research, develop, fund, or test measures for reducing the number of fatalities and injuries in rail operations; and (2) focus on improvements in railroad grade crossing safety, railroad trespass prevention, prevention of railroad vandalism, and the improved enforcement of laws in such areas.
Authorizes appropriations.
(Sec. 3) Directs the Secretary to: (1) review current local, State, and Federal codes regarding trespass on railroad property and vandalism affecting railroad safety; and (2) develop model prevention and enforcement codes and strategies for the consideration of State and local legislatures and governmental entities. Requires the Secretary to: (3) develop a comprehensive outreach program to improve communications among Federal railroad safety inspectors, Federal Rail Administration-certified State inspectors, railroad police, and State and local law enforcement, in order to address trespass and vandalism dangers on railroad property; and (2) to strengthen law enforcement strategies.
(Sec. 4) Requires the Secretary to amend specified regulations under the Federal Railroad Safety Act of 1970 to subject to a specified civil penalty: (1) any person who defaces, disables, damages, vandalizes, or commits any act that adversely affects the function of any railroad grade crossing related signal system, sign, gate, device, sensor, or equipment; and (2) any person who trespasses on a railroad owned or railroad leased right-of-way, road, or bridge.
(Sec. 6) Requires the Secretary to encourage railraods to warn the public about potential civil liability for violations of Federal regulations related to vandalism of railroad crossing related devices, signs and equipment, and trespass on railroad property.
(Sec. 7) Prohibits any State or political subdivision from imposing a whistle ban with respect to a railroad grade crossing or series of railroad grade crossings unless one of enumerated actions has been taken.
(Sec. 8) Directs the Secretary to review Department of Transportation's (DOT) rules with respect to rail car visibility. Requires the Secretary to initiate a rulemaking proceeding to issue regulations requiring enhanced visibility standards for newly manufactured and remanufactured rail cars.
(Sec. 9) Directs the Secretary to initiate a rulemaking proceeding to issue regulations which impose a freeze on the total number of railroad grade crossings in each State.
(Sec. 10) Requires the Secretary to incorporate the enhancement of railroad grade crossing safety, the prevention of trespassing on railroad property and vandalism to railroad grade crossing safety devices, signs, and equipment into the research, technology development, and testing priorities of DOT.
(Sec. 11) Requires the Secretary to maintain an emergency notification system utilizing a toll free "800" telephone number that can be used by the public to convey to railroads information about malfunctions or other safety problems at railroad-highway grade crossings. | {"src": "billsum_train", "title": "Railroad Grade Crossing Safety and Research Act of 1994"} | 1,729 | 708 | 0.739845 | 2.362959 | 0.660279 | 5.279732 | 2.661642 | 0.944724 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SOAR to Health and Wellness Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. PILOT PROGRAM ESTABLISHMENT.
(a) In General.--The Secretary shall establish a pilot program to
be known as ``Stop, Observe, Ask, and Respond to Health and Wellness
Training'' (or ``SOAR to Health and Wellness Training'') (referred to
in this Act as the ``pilot program''), to provide training to health
care providers and other related providers, at all levels, on human
trafficking in accordance with the purpose described in subsection (b).
(b) Purpose.--The pilot program established under subsection (a)
shall train health care providers and other related providers to enable
such providers to--
(1) identify potential human trafficking victims;
(2) implement proper protocols and procedures for working
with law enforcement to report, and facilitate communication
with such victims, in accordance with all applicable Federal,
State, local, and tribal requirements, including legal
confidentiality requirements for patients and health care
providers;
(3) implement proper protocols and procedures for referring
such victims to appropriate social or victims service agencies
or organizations;
(4) provide such victims care that is--
(A) coordinated;
(B) victim centered;
(C) culturally relevant;
(D) comprehensive;
(E) evidence based;
(F) gender responsive;
(G) age appropriate, with a focus on care for
youth; and
(H) trauma informed; and
(5) consider the potential for integrating the training
described in paragraphs (1) through (4) with training programs,
in effect on the date of enactment of this Act, for victims of
domestic violence, dating violence, sexual assault, stalking,
child abuse, child neglect, child maltreatment, and child
sexual exploitation.
(c) Functions.--
(1) In general.--The functions of the pilot program
established under subsection (a) shall include the functions of
the Stop, Observe, Ask, and Respond to Health and Wellness
Training program that was operating on the day before the date
of enactment of this Act and the authorized initiatives
described in paragraph (2).
(2) Authorized initiatives.--The authorized initiatives of
the pilot program established under subsection (a) shall
include--
(A) engaging stakeholders, including victims of
human trafficking and any Federal, State, local, or
tribal partners, to develop a flexible training
module--
(i) for achieving the purpose described in
subsection (b); and
(ii) that adapts to changing needs,
settings, health care providers, and other
related providers;
(B) making grants available to support training in
health care sites that represent diversity in--
(i) geography;
(ii) the demographics of the population
served;
(iii) the predominant types of human
trafficking cases; and
(iv) health care provider profiles;
(C) providing technical assistance for health
education programs to implement nationwide health care
protocol, or develop continuing education training
materials, that assist in achieving the purpose
described in subsection (b);
(D) developing a strategy to incentivize the
utilization of training materials developed under
subparagraph (C) and the implementation of nationwide
health care protocol described in such subparagraph, as
the Secretary determines appropriate; and
(E) developing a reliable methodology for
collecting data, and reporting such data, on the number
of human trafficking victims identified and served in
health care settings or other related provider
settings.
(d) Termination.--The pilot program established under subsection
(a) shall terminate on October 1, 2022.
SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS.
(a) Data Collection.--
(1) In general.--During each of fiscal years 2019 through
2023, the Secretary shall collect data on each of the
following:
(A) The total number of facilities that were
operating under the pilot program established under
section 3(a)--
(i) during the previous fiscal year; and
(ii) before the previous fiscal year.
(B) The total number of health care providers and
other related providers trained through such pilot
program, during each of the periods described in
clauses (i) and (ii) of subparagraph (A).
(2) Initial report.--In addition to the data required to be
collected under paragraph (1), for purposes of the initial
report to be submitted under subsection (b), the Secretary
shall collect data on the total number of facilities that were
operating under, and the total number of health care providers
and other related providers trained through, the Stop, Observe,
Ask, and Respond to Health and Wellness Training program that
was operating before the establishment of the pilot program
under section 3(a).
(b) Reporting.--Not later than 90 days after the first day of each
of fiscal years 2019 through 2023, the Secretary shall prepare and
submit to Congress a report on the data collected under subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2018 through 2022. | SOAR to Health and Wellness Act of 2017 This bill directs the Department of Health and Human Services (HHS) to replace the existing Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training) program with a pilot program that includes the same functions and additional initiatives. The pilot program must train health care providers and other related providers to: (1) identify potential human trafficking victims, (2) work with law enforcement to report and facilitate communication with such victims, (3) refer victims to social or victims service agencies or organizations, and (4) provide such victims with coordinated care tailored to their circumstances. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program. | {"src": "billsum_train", "title": "SOAR to Health and Wellness Act of 2017"} | 1,205 | 168 | 0.636028 | 1.858691 | 0.787135 | 4.084848 | 7.054545 | 0.884848 |
SECTION 1. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS.
(a) Amendment to the Internal Revenue Code of 1986.--Section
9812(f)(3) of the Internal Revenue Code of 1986 is amended by striking
``2007'' and inserting ``2008''.
(b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 712(f) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1185a(f)) is amended by striking ``2007'' and inserting
``2008''.
(c) Amendment to the Public Health Service Act.--Section 2705(f) of
the Public Health Service Act (42 U.S.C. 300gg-5(f)) is amended by
striking ``2007'' and inserting ``2008''.
SEC. 2. INCLUSION OF MEDICARE PROVIDERS AND SUPPLIERS IN FEDERAL
PAYMENT LEVY AND ADMINISTRATIVE OFFSET PROGRAM.
(a) In General.--Section 1874 of the Social Security Act (42 U.S.C.
1395kk) is amended by adding at the end the following new subsection:
``(d) Inclusion of Medicare Provider and Supplier Payments in
Federal Payment Levy Program.--
``(1) In general.--The Centers for Medicare & Medicaid
Services shall take all necessary steps to participate in the
Federal Payment Levy Program under section 6331(h) of the
Internal Revenue Code of 1986 as soon as possible and shall
ensure that--
``(A) at least 50 percent of all payments under
parts A and B are processed through such program
beginning within 1 year after the date of the enactment
of this section;
``(B) at least 75 percent of all payments under
parts A and B are processed through such program
beginning within 2 years after such date; and
``(C) all payments under parts A and B are
processed through such program beginning not later than
September 30, 2011.
``(2) Assistance.--The Financial Management Service and the
Internal Revenue Service shall provide assistance to the
Centers for Medicare & Medicaid Services to ensure that all
payments described in paragraph (1) are included in the Federal
Payment Levy Program by the deadlines specified in that
subsection.''.
(b) Application of Administrative Offset Provisions to Medicare
Provider or Supplier Payments.--Section 3716 of title 31, United States
Code, is amended--
(1) by inserting ``the Department of Health and Human
Services,'' after ``United States Postal Service,'' in
subsection (c)(1)(A); and
(2) by adding at the end of subsection (c)(3) the following
new subparagraph:
``(D) This section shall apply to payments made
after the date which is 90 days after the enactment of
this subparagraph (or such earlier date as designated
by the Secretary of Health and Human Services) with
respect to claims or debts, and to amounts payable,
under title XVIII of the Social Security Act.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. DEPOSIT OF EXCESS SAVINGS IN PAQI FUND.
(a) In General.--In addition to any amounts otherwise made
available to the Physician Assistance and Quality Initiative Fund under
section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w-
4(l)(2)), there shall be made available to such Fund--
(1) $93,000,000 for expenditures during or after 2009;
(2) $212,000,000 for expenditures during or after 2014; and
(3) $44,000,000 for expenditures during or after 2018.
(b) Obligation.--The Secretary of Health and Human Services shall
provide for expenditures from the Fund specified in subsection (a) in a
manner designed to provide (to the maximum extent feasible) for the
obligation of the entire amount specified in--
(1) subsection (a)(1) for payment with respect to
physicians' services furnished during or after January 1, 2009;
(2) subsection (a)(2) for payment with respect to
physicians' services furnished on or after January 1, 2014; and
(3) subsection (a)(3) for payment with respect to
physicians' services furnished on or after January 1, 2018.
SEC. 4. PROTECTION OF SOCIAL SECURITY.
To ensure that the assets of the trust funds established under
section 201 of the Social Security Act (42 U.S.C. 401) are not reduced
as a result of the enactment of this Act, the Secretary of the Treasury
shall transfer from the general revenues of the Federal Government to
those trust funds the following amounts:
(1) For fiscal year 2008, $1,000,000.
(2) For fiscal year 2009, $5,000,000.
(3) For fiscal year 2010, $1,000,000.
Passed the House of Representatives February 7, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend until December 31, 2008, mental health parity provisions, which require group health plans to treat equally mental health benefits and medical and surgical benefits for purposes of lifetime limits or annual limits on benefits covered by the plan.
Amends title XVIII (Medicare) of the Social Security Act to direct the Centers for Medicare & Medicaid Services to take all necessary steps to participate in the Federal Payment Levy Program as soon as possible and ensure that: (1) at least 50% of all payments under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) are processed through such program within one year after enactment of this Act; (2) at least 75% of all such payments are processed through such program within two years; and (3) all such payments are processed through such program by September 30, 2011.
Requires the Financial Management Service and the Internal Revenue Service (IRS) to provide assistance to the Centers for Medicare & Medicaid Services to ensure that all payments are included in the Federal Payment Levy Program by the deadlines specified.
Directs the Department of Health and Human Services (HHS) to offset Medicare payments by the amount of the payee's delinquent federal debt.
Requires the Secretary of HHS to provide for specified expenditures from the Physician Assistance and Quality Initiative Fund for payment for physicians' services.
Directs the Secretary of the Treasury to transfer specified funds from general revenues to Social Security trust funds to ensure that assets of such trust funds are not reduced as a result of enactment of this Act. | {"src": "billsum_train", "title": "To extend for one year parity in the application of certain limits to mental health benefits, and for other purposes."} | 1,108 | 356 | 0.667702 | 2.054599 | 0.723153 | 3.146417 | 3.012461 | 0.878505 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Bridge Trust Fund Act''.
SEC. 2. DIGITAL BRIDGE TRUST FUND AND ASSISTANCE FROM TRUST FUND.
(a) In General.--The National Telecommunications and Information
Administration Organization Act is amended--
(1) by redesignating part C as part D; and
(2) by inserting after part B (47 U.S.C. 921 et seq.) the
following new part:
``PART C--ASSISTANCE TO BRIDGE THE DIGITAL DIVIDE
``SEC. 131. DIGITAL BRIDGE TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the Digital Bridge Trust
Fund, consisting of such amounts as may be appropriated or credited
pursuant to subsection (b) or (d).
``(b) Transfer of Amounts Equivalent to Certain Taxes.--There are
hereby appropriated to the Digital Bridge Trust Fund amounts equivalent
to 100 percent of the taxes received in the Treasury after September
30, 2000, under section 4251 of the Internal Revenue Code of 1986
(relating to tax on communications).
``(c) Expenditures.--Amounts in the Digital Bridge Trust Fund shall
be available, to the extent provided in appropriation Acts, solely for
making expenditures to provide assistance under section 133(a).
``(d) Treatment as Trust Fund.--For purposes of subchapter B of
chapter 98 of the Internal Revenue Code of 1986, the Digital Bridge
Trust Fund shall be considered to be a trust fund established by
subchapter A of such chapter.
``SEC. 132. BOARD OF TRUSTEES.
``(a) Establishment.--There is established in the Department of
Commerce a board to be known as the Board of Trustees of the Digital
Bridge Trust Fund (in this part referred to as the `Board').
``(b) Duties.--The duties of the Board shall be--
``(1) to allocate amounts in the Digital Bridge Trust Fund
and make such amounts available in accordance with the
requirements of section 133;
``(2) to make decisions regarding the allocation of
assistance from amounts in the Digital Bridge Trust Fund under
subsections (b)(2) and (c) of section 133 and make such amounts
available in accordance with such allocation decisions;
``(3) in making such decisions, to consult with foundations
and other nongovernmental organizations involved in promoting
or providing education or training in knowledge or skills
regarding information technology; and
``(4) to prepare and submit annual reports in accordance
with subsection (g).
``(c) Membership.--The Board shall consist of 11 members as
follows:
``(1) The Secretary of Commerce (or the Secretary's
designee), who shall be the chairperson of the Board.
``(2) 2 members appointed by the Secretary of Commerce from
among the officers and employees of the Department of Commerce.
``(3) 2 members appointed by the Secretary of Education
from among the officers and employees of the Department of
Education.
``(4) 2 members appointed by the Secretary of Labor from
among the officers and employees of the Department of Labor.
``(5) 2 members appointed by the Secretary of Health and
Human Services from among the officers and employees of the
Department of Health and Human Services.
``(6) 2 members appointed by the Secretary of Housing and
Urban Development from among the officers and employees of the
Department of Housing and Urban Development.
The initial members of the Board shall be appointed not later than the
expiration of the 6-month period beginning on the date of the enactment
of the Digital Bridge Trust Fund Act.
``(d) Terms.--
``(1) In general.--Except as provided in paragraph (2),
each member shall be appointed for a term of 3 years.
``(2) Vacancies.--Any member appointed 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. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(e) Prohibition of Compensation.--Members of the Board shall not
receive any pay, allowances, or benefits by reason of their service on
the Board.
``(f) Support Services and Facilities.--Upon the request of the
Board, the Secretary of Commerce shall provide to the Board any
facilities and administrative and other support services necessary for
the Board to carry out its responsibilities.
``(g) Annual Reports.--The Board shall submit a report annually to
the President and the Congress regarding its activities. Each report
shall describe the assistance provided from the Digital Bridge Trust
Fund during the year for which the report is made and any effects of
such assistance in meeting the information technology needs of rural,
urban, and Native American communities.
``SEC. 133. PROVISION OF DIGITAL BRIDGE ASSISTANCE.
``(a) Allocation of Assistance.--In providing assistance pursuant
to this section, the Board shall ensure that, notwithstanding any
provision of law referred to in subsection (b), all such assistance
is--
``(1) made available for the benefit of rural and urban
areas, and Native Americans, in a manner that targets such
assistance for areas, communities, and populations (including
low-income families and individuals) that are underserved with
respect to information technology needs, employment, and
education; and
``(2) to the greatest extent possible, ensure that such
assistance is appropriately allocated so that rural and urban
areas, and Native Americans, are each fairly served by such
amounts.
``(b) Required Minimum Assistance.--Except as provided in
subsections (c) and (d), from the amount made available under section
135 for each of fiscal years 2001 through 2010, the Board shall make
assistance available for the following activities in the following
amounts:
``(1) Teacher training.--For each such fiscal year, not
less than $300,000,000 for assistance under section 3122 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6832)
for training teachers to use technology effectively in the
classroom.
``(2) Community technology centers.--For each such fiscal
year, not less than $200,000,000 for assistance under section
3122 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6832) for establishing community technology centers to
provide individuals who cannot afford access to computers,
technology training, and technological tools such access
appropriate to improve their educational performance and their
ability to compete for and hold jobs.
``(3) Neighborhood network learning centers.--For each such
fiscal year, not less than $200,000,000 for assistance by the
Secretary of Housing and Urban Development for public-private
partnerships to establish neighborhood learning centers
providing computer-based services to help residents of
federally assisted housing learn critical computer skills that
will improve their educational performance and employment
qualifications.
``(4) Technology development fund.--For each such fiscal
year, not less than $200,000,000 for the Technology Development
Fund under section 714 of the Communications Act of 1934 (47
U.S.C. 614) to provide loans and investment capital to small
communications businesses to stimulate new technological growth
and development, promote universal service, and enhance the
delivery of telecommunications services to rural and
underserved areas.
``(5) Technology opportunity program.--For each such fiscal
year, not less than $145,000,000 for grants under the
Technology Opportunity Program of the Secretary of Commerce
pursuant to subpart A of part IV of the Communications Act of
1934 (47 U.S.C. 390 et seq.) to provide matching funds to
State, local, and tribal governments and nonprofit entities to
extend the benefit of information technology to all Americans,
especially those in underserved areas.
``(6) Rural, urban, and native american technology
training.--For each such fiscal year, not less than
$300,000,000 for preparing residents of rural and urban areas,
and Native Americans, for careers in programming, database
development, network engineering, and other advance information
and technical fields.
``(7) Broadband network deployment.--For each such fiscal
year, not less than $100,000,000 for assistance regarding
deployment of broadband networks (including wireless and
wireline technologies), except that of such amount in each such
fiscal year--
``(A) not less than $2,000,000 shall be available
only for research activities of the National
Telecommunications and Information Administration
regarding improvement of broadband (including wireless
and wireline) technology in support of next-generation
Internet; and
``(B) not less than $98,000,000 shall be available
only for assistance under the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.) for
implementing deployment of such networks.
``(8) Home internet access program.--For each such fiscal
year, not less than $100,000,000 for grants under a Home
Internet Access Program of the National Telecommunications and
Information Administration pursuant to subpart A of part IV of
the Communications Act of 1934 (47 U.S.C. 390 et seq.) to
assist public-private partnerships to address the needs of low-
income individuals and families in gaining access to technology
and online resources at home, except that notwithstanding
subsections (a) and (c) of section 392 of such Act, such
amounts may be used to support activities to provide low-income
individuals and families with access to the Internet in their
homes.
``(9) Falling through the net survey.--Only for fiscal
years 2004 and 2007, not less than $500,000 for each such
fiscal year for the National Telecommunications and Information
Administration for conducting the Falling Through the Net
survey, pursuant to sections 901 and 902 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 901, 902) to determine the extent to which
Americans have access to telephones, computers, and the
Internet.
``(c) Assistance Allocated at Discretion of Board.--The Board shall
use any amounts made available under section 135 for any fiscal year
that are in excess of the amounts required to be used for assistance
under subsection (b) to provide--
``(1) assistance under the programs referred to in such
paragraph in addition to the amounts required under such
paragraph; or
``(2) other assistance, as the Board determines
appropriate, to serve the information technology needs of, or
improve the information technology educational or employment
opportunities for, residents of rural and urban areas, and
Native Americans, that are underserved with respect to
information technology needs, jobs, and education.
The Board shall have complete discretion to make amounts available
under this paragraph for any of the purposes referred to in this
paragraph in such amounts as the Board determines appropriate.
``(d) Authority To Reduce Required Assistance in Second 5 Years.--
In any of fiscal years 2006 through 2010, the Board may, by a vote of
not less than 8 members of the Board held not more than 3 months before
the beginning of such fiscal year, waive the applicability of any one
or more of the paragraphs of subsection (b) for such fiscal year and
provide assistance for such fiscal year for the purpose referred to in
such paragraph in any reduced amount determined appropriate by the
Board. Any amounts otherwise required to be used under any such
paragraph of subsection (b) that are available by reason of action by
the Board pursuant to this subsection shall be treated as excess
amounts to be to allocated and made available by the Board under
subsection (c).
``(e) Prohibited Activities.--Notwithstanding any provision of
subsection (b) or (c), amounts made available under section 135 may not
be used for the construction, rehabilitation, or acquisition of any
structure in which to provide training or other information technology
services assisted pursuant to subsection (a).
``SEC. 134. REGULATIONS.
The Secretary of Commerce may prescribe such regulations as may be
necessary to carry out this part.
``SEC. 135. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2001 through 2010 there are authorized to
be appropriated to carry out this part an amount equal to the amount
deposited to the Digital Bridge Trust Fund for such fiscal year
pursuant to section 131.''.
(b) Repeal.--Effective October 1, 2010, part C of the National
Telecommunications and Information Administration Organization Act is
repealed.
SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS
SERVICES.
(a) Reduction.--Section 4251(b)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Applicable percentage.--The term `applicable
percentage' means 1.5 percent.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts paid pursuant to bills first rendered after September
30, 2000.
(b) Repeal.--Subchapter B of chapter 33 of the Internal Revenue
Code of 1986 is repealed effective with respect to bills rendered on or
after October 1, 2010.
(c) Sense of Congress.--It is the sense of the Congress that
providers of communications services (as such term is defined in
section 4251(b) of the Internal Revenue Code of 1986) should not
increase rates for such services based upon any reduction in the excise
tax on such services pursuant to the amendments made by this section. | Establishes in the Department of Commerce the Board of Trustees of the Digital Bridge Trust Fund to make decisions with respect to allocations authorized under this Act. Requires the Board to submit annual reports to the President and Congress regarding its activities.
Requires the Board to ensure that assistance provided herein is: (1) made available for the benefit of rural and urban areas and Native Americans in a manner that targets such assistance for areas, communities, and populations that are underserved with respect to information technology needs, employment, and education; and (2) appropriately allocated. Directs the Board to make such assistance available for FY 2001 through 2010 for: (1) teacher training; (2) community technology centers; (3) neighborhood network learning centers; (4) the Technology Development Fund; (5) the Technology Opportunity Program; (6) rural, urban, and Native American technology training; (7) broadband network deployment; (8) the Home Internet Access Program; and (9) the Falling Through the Net survey (to determine the extent to which Americans have access to telephones, computers, and the Internet). Allows excess amounts to be allocated at the Board's discretion. Authorizes the Board, in any of fiscal years 2006 through 2010, to reduce the amounts of assistance provided during the first five years.
Authorizes appropriations for FY 2001 through 2010. Repeals this Act on October 1, 2010.
Amends the Internal Revenue Code to reduce from 3 to 1.5 percent, as of October 1, 2000, the excise tax on telephone and other communications services. Expresses the sense of Congress that providers of communications services should not increase service rates based upon such reduction. | {"src": "billsum_train", "title": "Digital Bridge Trust Fund Act"} | 2,951 | 337 | 0.528401 | 1.60973 | 0.685302 | 4.08 | 8.513846 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court and Law Enforcement Officers
Protection Act of 2006''.
SEC. 2. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES
AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) Murder.--Section 1114 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Whoever''; and
(2) by adding at the end the following:
``(b) If the victim of an offense punishable under this section is
a United States judge or a Federal law enforcement officer (as those
terms are defined in section 115) the offender shall be punished by--
``(1) a fine under this title; and
``(2)(A) in the case of murder, attempted murder, or
conspiracy to murder, imprisonment for any term of years not
less than 30 years, or for life, or, if death results, may be
sentenced to death;
``(B) in the case of voluntary manslaughter, imprisonment
for a term of years not less than 15 years nor more than 40
years; and
``(C) in the case of involuntary manslaughter, imprisonment
for a term of years not less than 3 years nor more than 15
years.''.
(b) Kidnapping.--Section 1201(a) of title 18, United States Code,
is amended by adding at the end the following: ``If the victim of the
offense punishable under this subsection is a United States judge or a
Federal law enforcement officer (as those terms are defined in section
115) the offender shall be punished by a fine under this title and
imprisonment for any term of years not less than 30 years, or for life,
or, if death results, may be sentenced to death.''.
SEC. 3. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY FIREARMS.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of Federal judges and prosecutors to carry
firearms
``(a) In General.--Any justice of the United States or judge of the
United States (as defined in section 451 of title 28), any judge of a
court created under article I of the United States Constitution, any
bankruptcy judge, any magistrate judge, any United States attorney, and
any other officer or employee of the Department of Justice whose duties
include representing the United States in a court of law, may carry
firearms.
``(b) Regulations.--The Attorney General shall prescribe
regulations to carry out this section. Such regulations may provide for
training and regular certification in the use of firearms and shall,
with respect to justices, judges, bankruptcy judges, and magistrate
judges, be prescribed after consultation with the Judicial Conference
of the United States.''.
(b) Law Enforcement Officers.--
(1) In general.--Section 926B of title 18, United States
Code, is amended by adding at the end the following:
``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department or a law enforcement or police officer of
the executive branch of the Federal Government qualifies as an employee
of a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution of,
or the incarceration of any person for, any violation of law, and has
statutory powers of arrest.''.
(2) Retired law enforcement officers.--Section 926C of
title 18, United States Code, is amended--
(A) in subsection (c)--
(i) in paragraph (3)(A), by striking ``was
regularly employed as a law enforcement officer
for an aggregate of 15 years or more'' and
inserting ``served as a law enforcement officer
for an aggregate of 10 years or more''; and
(ii) by striking paragraphs (4) and (5),
and designating paragraphs (6) and (7) as
paragraphs (4) and (5), respectively;
(B) in subsection (d)--
(i) in paragraph (1), by striking ``or''
after the semicolon;
(ii) in paragraph (2)(B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) in those States or for those law enforcement agencies
that do not issue the identification or certification required
by paragraph (1) or (2)--
``(A) an identification issued by the agency from
which the individual retired from service as a law
enforcement officer;
``(B) a photographic identification issued by an
agency of the State in which the individual resides,
such as a driver's license or a State identification
card; and
``(C) a document issued by the State in which the
individual resides that either certifies that the
individual is authorized by the laws of that State to
carry a concealed firearm, or, in those States that do
not provide mandatory and objective standards for the
issuance of such a license, certifies that the
individual has received training in the safe handling
of firearms or has completed a firearms safety or
training course for security guards or
investigators.''; and
(C) by adding at the end the following:
``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department or as a law enforcement or police
officer of the executive branch of the Federal Government.''.
(c) Clerical Amendment.--The table of sections for chapter 203 of
title 18, United States Code, is amended by inserting after the item
relating to section 3053 the following:
``3054. Authority of Federal judges and prosecutors to carry
firearms.''.
SEC. 4. PENALTIES FOR CERTAIN ASSAULTS.
Section 111 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``8 years'' and
inserting ``15 years'';
(2) in subsection (b), by striking ``20 years'' and
inserting ``30 years''; and
(3) by adding at the end the following:
``(c) Law Enforcement Officers and Judges.--
``(1) In general.--If the victim of an assault punishable
under this section is a United States judge or a Federal law
enforcement officer (as those terms are defined in section 115)
the offender shall be punished by a fine under this title and--
``(A) if the assault resulted in bodily injury (as
that term is defined in section 1365), imprisonment for
a term of years not less than 2 years nor more than 10
years;
``(B) if the assault resulted in substantial bodily
injury (as that term is defined in section 113),
imprisonment for a term of years not less than 5 years
nor more than 15 years; and
``(C) if a dangerous weapon was used or possessed
during and in relation to the offense, or if the
assault resulted in serious bodily injury (as defined
in section 2119(2)), imprisonment for a term of years
not less than 10 years nor more than 25 years.
``(2) Imposition of punishment.--Each punishment for
criminal conduct described in this subsection shall be in
addition to any other punishment, whether imposed for a
conviction under this section or otherwise, for other criminal
conduct during the same criminal episode.''.
SEC. 5. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL JUDGE OR
FEDERAL LAW ENFORCEMENT OFFICER BY MURDERING OR
ASSAULTING A FAMILY MEMBER.
Section 115 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) If an offense punishable under this section is committed
with the intent to impede, intimidate, or interfere with a United
States judge or a Federal law enforcement officer while engaged in the
performance of official duties, or with the intent to retaliate against
such judge or officer on account of the performance of official duties,
the offender shall be punished--
``(A) in the case of murder, attempted murder, conspiracy
to murder, or manslaughter, as provided in section 1114(b);
``(B) in the case of kidnapping, attempted kidnapping, or
conspiracy to kidnap, as provided for an offense against a
United States judge or Federal law enforcement officer in
section 1201(a);
``(C) in the case of an assault, as provided for an offense
against a United States judge or Federal law enforcement
officer in section 111;
``(D) in the case of a threat, by a fine under this title
and imprisonment for a term of years not less than 2 years nor
more than 10 years.
``(2) Each punishment for criminal conduct described in this
subsection shall be in addition to any other punishment, whether
imposed for a conviction under this section or otherwise, for other
criminal conduct during the same criminal episode.''.
SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR
CRIME OF VIOLENCE.
(a) In General.--Section 1979 of the Revised Statutes (42 U.S.C.
1983) is amended by--
(1) striking ``except that in any action'' and all that
follows through ``relief was unavailable.'' and inserting the
following: ``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in such officer's judicial capacity,
injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in
section 16 of title 18, United States Code), including any
deprivation in the course of arrest or apprehension for, or the
investigation, prosecution, or adjudication of such an offense,
a court shall not have jurisdiction to consider a claim for
damages other than--
``(A) for necessary out-of-pocket expenditures and
other monetary loss; and
``(B) if the deprivation consisted of the
purposeful infliction of serious bodily injury (as
defined in section 1365 of title 18, United States
Code) by the defendant upon the injured party, for
additional damages in an amount that shall not exceed
$250,000.''; and
(2) indenting the last sentence as an undesignated
paragraph.
(b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by striking ``except that in any action
brought against a judicial officer for an act or omission taken in such
officer's judicial capacity such officer shall not be held liable for
any costs, including attorneys fees, unless such action was clearly in
excess of such officer's jurisdiction.'' and inserting the following:
``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in such officer's judicial capacity,
such officer shall not be held liable for any costs, including
attorneys fees, unless such action was clearly in excess of
such officer's jurisdiction; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in
section 16 of title 18, United States Code), including any
deprivation in the course of arrest or apprehension for, or the
investigation, prosecution, or adjudication of, such an
offense, the court may not allow such party to recover
attorney's fees.''.
(c) Application.--This section and the amendments made by this
section shall apply to cases pending on or after the date of enactment
of this Act.
SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A PUBLIC
SAFETY OFFICER OF JUDGE.
(a) Short Title.--This section may be cited as the ``Police Officer
Daniel Faulkner Act of 2006''.
(b) In General.--Section 2254 of title 28, United States Code, is
amended by adding at the end the following:
``(j) For an application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court for a crime
that involved the killing of a public safety officer or judge while the
public safety officer or judge was engaged in the performance of
official duties, or on account of the public safety officer's or
judge's performance of official duties or status as a public safety
officer or judge--
``(1) the application shall be subject to the time
limitations and other requirements under sections 2263, 2264,
and 2266; and
``(2) the review of the application by the court shall be
limited to those claims concerning the validity of the
conviction of the applicant for the underlying offense for
which the applicant is held in custody.
``(k) A court shall not consider a claim relating to sentencing
mitigation that was adjudicated on the merits in a State court, unless
a determination that the error is not structural is contrary to clearly
established Federal law, as determined by the Supreme Court of the
United States.''.
(c) Finality of Review.--
(1) In general.--Section 2251 of title 28, United States
Code, is amended by adding at the end the following:
``(c) Stay of Matters.--This section, section 2262, and section
2101 are the exclusive sources of authority for Federal courts to stay
a sentence of death entered by a State court.''.
(2) Second or successive applications.--Section
2244(b)(3)(E) of title 28, United States Code, is amended by
striking ``the subject of a petition'' and all that follows
through the end of the subparagraph and inserting the
following: ``reheard in the court of appeals or reviewed by a
writ of certiorari.''.
(3) Rules.--Rule 11 of the Rules Governing Section 2254
Cases in the United States District Courts is amended by adding
at the end the following: ``Rule 60(b)(6) of the Federal Rules
of Civil Procedure does not apply to proceedings under these
rules.''.
(d) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall apply to cases pending on or after the date
of enactment of this Act.
(2) Pending cases.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
impose a time limit for taking certain action, the period of
which began on the date of an event that occurred prior to the
date of enactment of this Act, the period of such time limit
shall instead begin on the date of enactment of this Act. | Court and Law Enforcement Officers Protection Act of 2006 - Amends the federal criminal code to: (1) impose mandatory minimum terms of imprisonment for homicide, manslaughter, and kidnapping crimes against federal judges and law enforcement officers; (2) allow federal judges, U.S. attorneys, and Justice Department employees to carry firearms; (3) increase penalties for assaults against U.S. employees and officers and impose mandatory minimum terms of imprisonment for assaults against federal judges or law enforcement officers; and (4) impose mandatory minimum penalties for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member.
Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence.
Police Officer Daniel Faulkner Act of 2006 - Amends the federal judicial code to place limits on habeas corpus petitions for review of a state conviction for the murder of a public safety officer or judge engaged in the performance of official duties. | {"src": "billsum_train", "title": "A bill to provide adequate penalties for crimes committed against United States judges and Federal law enforcement officers, to provide appropriate security for judges and law enforcement officers, and for other purposes."} | 3,602 | 254 | 0.516898 | 1.424332 | 0.693648 | 2.723301 | 15.543689 | 0.907767 |
SECTION 1. CONVEYANCE OF TWO HARBORS LIGHTHOUSE, MINNESOTA.
(a) Authority To Convey.--
(1) In general.--Subject to subsection (b), the Commandant
of the Coast Guard may convey, by an appropriate means of
conveyance, all right, title, and interest of the United States
in and to the real property comprising the Coast Guard Light
Station Two Harbors, located in Lake County, Minnesota, to the
Lake County Historical Society.
(2) Identification of property.--The Commandant may
identify, define, describe, and determine the real property to
be conveyed under this section.
(3) Historical artifacts.--Any historical artifact,
including any lens or lantern, located on or associated with
the real property conveyed at or before the time of the
conveyance, shall remain the personal property of the United
States.
(b) Terms and Conditions of Conveyance.--
(1) In general.--Any conveyance of real property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions the
Commandant considers appropriate to protect the
interests of the United States, including the
reservation of easements or other rights on behalf of
the United States.
(2) Maintenance of navigation functions.--Any conveyance of
real property under this section shall be made subject to the
terms and conditions that the Commandant considers necessary to
assure that--
(A) any active aid to navigation located on the
real property conveyed shall remain the personal
property of the United States, and shall continue to be
operated and maintained by the United States for as
long as it is needed for this purpose;
(B) the Lake County Historical Society shall not in
any manner interfere with, or allow interference with,
any aid to navigation without express written
permission from the Commandant; and
(C) there is reserved to the United States the
right to--
(i) operate, maintain, install, improve,
relocate, replace, or remove any aid to
navigation located on the real property
conveyed;
(ii) make any changes to the real property
conveyed as may be necessary for navigational
purposes; and
(iii) enter the real property conveyed at
any time, without notice, for the purpose of
exercising any of the rights reserved under
this subparagraph.
(3) Obligation limitation.--The Lake County Historical
Society is not required by this section to maintain any active
aid to navigation.
(4) Historic preservation.--The Lake County Historical
Society shall maintain the real property conveyed under this
section in accordance with the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.) and the regulations
promulgated under that Act.
(5) Maintenance standard.--The Lake County Historical
Society shall maintain the real property conveyed under this
section, including any improvements, at its own cost and
expense, in a proper, substantial, and workmanlike manner.
(6) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
real property under this subsection shall be subject to the
condition that all right, title, and interest in the real
property conveyed under this section shall immediately revert
to the United States, and be placed under the administrative
control of the Administrator of General Services, if--
(A) the real property conveyed, or any part
thereof--
(i) ceases to be used as a nonprofit center
for the interpretation and preservation of
maritime history;
(ii) ceases to be maintained in a manner
that ensures its present or future use as a
site for aids to navigation; or
(iii) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.), or the regulations promulgated
under that Act; or
(B) at least 30 days before that reversion the
Commandant provides written notice to Lake County
Historical Society that the real property conveyed is
needed for national security purposes.
(c) Definitions.--As used in this section--
(1) the term ``aid to navigation'' means equipment used for
navigation purposes, including any light, antenna, sound
signal, or other associated lighthouse equipment; and
(2) the term ``Lake County Historical Society'' means the
Lake County Historical Society (a nonprofit corporation
established under the laws of the State of Minnesota), its
parent organization or subsidiary, if any, and its successors
and assigns. | Authorizes the Commandant of the Coast Guard to convey all right, title, and interest of the United States in the Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society. Subjects such conveyance to the condition that the station maintain its U.S.-operated navigational functions. | {"src": "billsum_train", "title": "To authorize the Commandant of the Coast Guard to convey the real property comprising Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society."} | 981 | 72 | 0.63128 | 1.694905 | 1.508465 | 6.186441 | 15.491525 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Our Federal Building
Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(2) since citizens of the United States spend up to 90
percent of a day indoors, there is a significant potential for
exposure to environmental tobacco smoke from indoor air;
(3) exposure to environmental tobacco smoke occurs in
schools, public buildings, and other indoor facilities;
(4) recent scientific studies have concluded that exposure
to environmental tobacco smoke is a cause of lung cancer in
healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts in sensitive
populations (including children);
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) according to information released by the Environmental
Protection Agency, environmental tobacco smoke results in a
loss to the economy of over $3,000,000,000 per year.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Executive agency.--The term ``Executive agency'' has
the meaning provided in section 105 of title 5, United States
Code.
(3) Federal agency.--The term ``Federal agency'' includes
any Executive agency, the Executive Office of the President,
any military department, any court of the United States, the
Administrative Office of the United States Courts, the Library
of Congress, the Botanic Garden, the Government Printing
Office, the Congressional Budget Office, the United States
Postal Service, the Postal Rate Commission, the Office of the
Architect of the Capitol, the Office of Technology Assessment,
and any other agency of the executive, legislative, and
judicial branches.
(4) Federal building.--The term ``Federal building'' means
any building or other structure owned or leased for use by a
Federal agency, except that the term shall not include any area
of a building that is used primarily as living quarters.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. NONSMOKING POLICY FOR FEDERAL BUILDINGS.
(a) In General.--
(1) Issuance of guidelines.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
issue guidelines for instituting and enforcing a nonsmoking
policy at each Federal agency.
(2) Contents of guidelines.--A nonsmoking policy that meets
the requirements of the guidelines shall, at a minimum,
prohibit smoking in each indoor portion of a Federal building
that is not ventilated separately (as defined by the
Administrator) from other portions of the facility.
(b) Adoption of Guidelines.--
(1) In general.--As soon as is practicable after the date
of issuance of the guidelines referred to in subsection (a),
the head of each Executive agency, and the Director of the
Administrative Office of the United States Courts shall adopt a
nonsmoking policy applicable to the Federal agency under the
jurisdiction of the individual that meets the requirements of
the guidelines referred to in subsection (a), and take such
action as is necessary to ensure that the policy is carried out
in the manner specified in the guidelines.
(2) Legislative branch.--As soon as is practicable after
the date of issuance of the guidelines referred to in
subsection (a), the following entities and individuals shall
adopt a nonsmoking policy that meets the requirements of the
guidelines referred to in subsection (a), and take such action
as is necessary to ensure that the policy is carried out in the
manner specified in the guidelines:
(A) With respect to the House of Representatives
(including any office space or buildings of the House
of Representatives), the House Office Building
Commission.
(B) With respect to the Senate (including any
office space or buildings of the Senate), the Committee
on Rules and Administration of the Senate.
(C) With respect to any other area occupied or used
by a Federal agency of the legislative branch, the
Architect of the Capitol.
(3) Certification for executive agencies.--The
Administrator of General Services, in consultation with the
Administrator, shall review each nonsmoking policy adopted by
the head of an Executive agency and shall certify those
policies that meet the requirements of the guidelines referred
to in subsection (a). In carrying out the certification, the
Administrator of General Services shall use a procedure and
apply criteria that the Administrator shall establish. Except
as provided in subsection (c), if a policy does not meet the
requirements of the guidelines, the Administrator of General
Services shall--
(A) in a written communication, advise the head of
the Executive agency concerning modifications of the
policy to meet the requirements; and
(B) publish the communication in the Federal
Register.
(c) Waivers.--
(1) Executive agencies.--The head of an Executive agency
may publicly petition the Administrator of General Services for
a waiver from instituting or enforcing a nonsmoking policy (or
policy requirement) under the guidelines issued pursuant to
subsection (a). The Administrator of General Services may waive
the requirement if, after consultation with the Administrator,
the Administrator of General Services determines that--
(A) unusual extenuating circumstances prevent the
head of the Federal agency from enforcing the policy
(or a requirement under the policy) (including a case
in which the Federal agency shares space in an indoor
facility with a non-Federal entity and cannot obtain an
agreement with the other entity to abide by the
nonsmoking policy requirement) and the head of the
Executive agency will establish and make a good-faith
effort to enforce an alternative nonsmoking policy (or
alternative requirement under the policy) that will
protect individuals from exposure to environmental
tobacco smoke to the maximum extent possible; or
(B) the head of the Executive agency will enforce
an alternative nonsmoking policy (or alternative
requirement under the policy) that will protect
individuals from exposure to environmental tobacco
smoke to the same degree as the requirement under the
guidelines issued pursuant to subsection (a).
(2) Agencies of the judicial branch.--After consultation
with the Administrator, and after providing public notice and
reasonable opportunity for public review and comment, the
Director of the Administrative Office of the United States
Courts may, on the basis of the criteria for a waiver referred
to in paragraph (1), make such modifications to the nonsmoking
policy required to be carried out pursuant to subsection (b) as
the Director determines to be necessary. The Director may not
make any modification that violates the criteria for a waiver
under paragraph (1).
(3) Agencies of the legislative branch.--After consultation
with the Administrator, and after providing public notice and
reasonable opportunity for public review and comment, the
appropriate entity or individual referred to in subparagraphs
(A) through (C) of subsection (b)(2) may, on the basis of the
criteria for a waiver referred to in paragraph (1), make such
modifications to the nonsmoking policy required to be carried
out pursuant to subsection (b) as the entity or individual
determines to be necessary. The entity or individual may not
make any modification that violates the criteria for a waiver
under paragraph (1).
(d) Collective Bargaining Agreements.--
(1) In general.--In a Federal agency in which a labor
organization has been accorded recognition as a bargaining unit
pursuant to chapter 71 of title 5, United States Code, the
Federal agency shall engage in collective bargaining pursuant
to section 7114 of title 5, United States Code, to ensure the
implementation of the requirements of this section that affect
work areas predominately occupied by the employees represented
by the labor organization by the date of the adoption, pursuant
to this section, of a nonsmoking policy applicable to the
Federal agency.
(2) Exemption.--
(A) In general.--If, on the date of enactment of
this Act--
(i) a bargaining unit referred to in
paragraph (1) has in effect a collective
bargaining agreement with respect to which a
Federal agency is a party; and
(ii) the collective bargaining agreement
referred to in clause (i) includes provisions
relating to smoking privileges that are in
violation of the requirements of this section,
the head of the Federal agency may exempt work areas
predominately occupied by the employees subject to the
collective bargaining agreement from the nonsmoking
policy that the Federal agency is required to be
carried out under subsection (b).
(B) Termination of exemption.--
(i) In general.--An exemption referred to
in subparagraph (A) shall terminate on the
earlier of--
(I) the first expiration date
(after the date of enactment of this
Act) of the collective bargaining
agreement containing the provisions
relating to smoking privileges; or
(II) the date that is 1 year after
the date of issuance of the guidelines.
(ii) Implementation of nonsmoking policy
after termination date.-- By the applicable
date specified in clause (i)(II), the head of
each Federal agency shall be required to
enforce a nonsmoking policy that meets the
requirements of the guidelines issued under
subsection (a) in each work area under the
jurisdiction of the head of the Federal agency,
notwithstanding any collective bargaining
agreement that contains provisions that are
less restrictive than the nonsmoking policy.
SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES.
(a) Technical Assistance.--The Administrator and the Secretary
shall provide technical assistance to the heads of Federal agencies and
other persons who request technical assistance. The technical
assistance shall include information--
(1) on smoking cessation programs for employees; and
(2) to assist in compliance with the requirements of this
Act.
(b) Outreach Activities.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall establish an outreach program to inform
the public concerning the dangers of environmental tobacco
smoke. As part of the outreach program, the Administrator and
the Secretary shall make available to the general public
brochures and other educational materials. In establishing the
programs under this paragraph, the Administrator and the
Secretary shall cooperate to maximize the sharing of
information and resources.
(2) Environmental tobacco smoke advisory office.--
(A) In general.--The Administrator shall establish
within the Office of Radiation and Indoor Air of the
Environmental Protection Agency an office, to be known
as the ``Environmental Tobacco Smoke Advisory Office''.
The Administrator shall appoint a Director to carry out
the functions of the office.
(B) Duties of the director.--The Director shall--
(i) provide information on smoking
cessation;
(ii) provide information to assist in
compliance with the requirements of this Act;
(iii) provide information on the dangers of
environmental tobacco smoke to any person who
requests the information;
(iv) establish a telephone hotline to
provide information on the dangers of
environmental tobacco smoke; and
(v) carry out any other function of the
Office that the Administrator determines to be
appropriate.
SEC. 6. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of this Act, the
Administrator shall submit a report to Congress that includes--
(1) information concerning the degree of compliance with
this Act; and
(2) an assessment of the legal status of smoking in public
places.
SEC. 7. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act. | Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for enforcing a nonsmoking policy at Federal agencies. Requires such policy, at a minimum, to prohibit smoking in each portion of a Federal building that is not ventilated separately.
Directs the heads of Federal agencies, the Director of the Administrative Office of U.S. Courts, and specified entities of the legislative branch to adopt such a nonsmoking policy.
Authorizes agencies to petition for a waiver from the general requirements if extenuating circumstances prevent enforcement and such agencies make a good-faith effort to enforce an alternative policy that will protect individuals from exposure to environmental tobacco smoke.
Requires Federal agencies in which a labor organization has been accorded bargaining unit recognition to engage in collective bargaining to ensure implementation of requirements that affect work areas predominantly occupied by the organization's members. Exempts such work areas from the nonsmoking policy if the bargaining unit and the Federal agency have a collective bargaining agreement that includes provisions relating to smoking privileges that are in violation of this Act's requirements. Terminates such exemption on the earlier of the first expiration date of the agreement or one year after the date of issuance of the guidelines.
Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to Federal agencies and other persons who request it.
Requires the Administrator to: (1) establish an outreach program informing the public of the dangers of environmental tobacco smoke; (2) establish an Environmental Tobacco Smoke Advisory Office within the EPA Office of Radiation and Indoor Air; and (3) report to the Congress on compliance with this Act and an assessment of the legal status of smoking in public places. | {"src": "billsum_train", "title": "Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993"} | 2,620 | 410 | 0.553841 | 1.687317 | 0.746426 | 3.705539 | 7.122449 | 0.930029 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Fairness in Tax
Collections Act of 2002''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--
Sec. 1. Short title; etc.
Sec. 2. Partial payment of tax liability in installment agreements.
Sec. 3. Extension of time for return of property.
Sec. 4. Individuals held harmless on wrongful levy, etc. on individual
retirement plan.
Sec. 5. Seven-day threshold on tolling of statute of limitations during
tax review.
Sec. 6. Study of liens and levies.
Sec. 7. Low-income taxpayer clinics.
SEC. 2. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS.
(a) In General.--
(1) Section 6159(a) (relating to authorization of
agreements) is amended--
(A) by striking ``satisfy liability for payment
of'' and inserting ``make payment on'', and
(B) by inserting ``full or partial'' after
``facilitate''.
(2) Section 6159(c) (relating to Secretary required to
enter into installment agreements in certain cases) is amended
in the matter preceding paragraph (1) by inserting ``full''
before ``payment''.
(b) Requirement To Review Partial Payment Agreements Every Two
Years.--Section 6159 is amended by redesignating subsections (d) and
(e) as subsections (e) and (f), respectively, and inserting after
subsection (c) the following new subsection:
``(d) Secretary Required To Review Installment Agreements for
Partial Collection Every Two Years.--In the case of an agreement
entered into by the Secretary under subsection (a) for partial
collection of a tax liability, the Secretary shall review the agreement
at least once every 2 years.''.
(c) Effective Date.--The amendments made by this section shall
apply to agreements entered into on or after the date of the enactment
of this Act.
SEC. 3. EXTENSION OF TIME FOR RETURN OF PROPERTY.
(a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 (relating to return of property) is
amended by striking ``9 months'' and inserting ``2 years''.
(b) Period of Limitation on Suits.--Subsection (c) of section 6532
(relating to suits by persons other than taxpayers) is amended--
(1) in paragraph (1) by striking ``9 months'' and inserting
``2 years'', and
(2) in paragraph (2) by striking ``9-month'' and inserting
``2-year''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) levies made after the date of the enactment of this
Act, and
(2) levies made on or before such date if the 9-month
period has not expired under section 6343(b) of the Internal
Revenue Code of 1986 (without regard to this section) as of
such date.
SEC. 4. INDIVIDUALS HELD HARMLESS ON WRONGFUL LEVY, ETC., ON INDIVIDUAL
RETIREMENT PLAN.
(a) In General.--Section 6343 (relating to authority to release
levy and return property) is amended by adding at the end the following
new subsection:
``(f) Individuals Held Harmless on Wrongful Levy, etc., on
Individual Retirement Plan.--
``(1) In general.--If the Secretary determines that an
individual retirement plan has been levied upon in a case to
which subsection (b) or (d)(2)(A) applies, an amount equal to
the sum of--
``(A) the amount of money returned by the Secretary
on account of such levy, and
``(B) interest paid under subsection (c) on such
amount of money,
may be deposited into an individual retirement plan (other than
an endowment contract) to which a rollover from the plan levied
upon is permitted.
``(2) Treatment as rollover.--The distribution on account
of the levy and any deposit under paragraph (1) with respect to
such distribution shall be treated for purposes of this title
as if such distribution and deposit were part of a rollover
described in section 408(d)(3)(A)(i); except that--
``(A) interest paid under subsection (c) shall be
treated as part of such distribution and as not
includible in gross income,
``(B) the 60-day requirement in such section shall
be treated as met if the deposit is made not later than
the 60th day after the day on which the individual
receives an amount under paragraph (1) from the
Secretary, and
``(C) such deposit shall not be taken into account
under section 408(d)(3)(B).
``(3) Refund, etc., of income tax on levy.--If any amount
is includible in gross income for a taxable year by reason of a
levy referred to in paragraph (1) and any portion of such
amount is treated as a rollover under paragraph (2), any tax
imposed by chapter 1 on such portion shall not be assessed, and
if assessed shall be abated, and if collected shall be credited
or refunded as an overpayment made on the due date for filing
the return of tax for such taxable year.
``(4) Interest.--Notwithstanding subsection (d), interest
shall be allowed under subsection (c) in a case in which the
Secretary makes a determination described in subsection
(d)(2)(A) with respect to a levy upon an individual retirement
plan.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid under subsections (b), (c), and (d)(2)(A) of section
6343 of the Internal Revenue Code of 1986 after December 31, 2002.
SEC. 5. SEVEN-DAY THRESHOLD ON TOLLING OF STATUTE OF LIMITATIONS DURING
TAX REVIEW.
(a) In General.--Section 7811(d)(1) (relating to suspension of
running of period of limitation) is amended by inserting after
``application,'' the following: ``but only if the date of such decision
is at least 7 days after the date of the taxpayer's application''.
(b) Effective Date.--The amendment made by this section shall apply
to applications filed after the date of the enactment of this Act.
SEC. 6. STUDY OF LIENS AND LEVIES.
The Secretary of the Treasury, or the Secretary's delegate, shall
conduct a study of the practices of the Internal Revenue Service
concerning liens and levies. The study shall examine--
(1) the declining use of liens and levies by the Internal
Revenue Service, and
(2) the practicality of recording liens and levying against
property in cases in which the cost of such actions exceeds the
amount to be realized from such property.
Not later than 1 year after the date of the enactment of this Act, the
Secretary shall submit such study to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate.
SEC. 7. LOW-INCOME TAXPAYER CLINICS.
(a) Limitation on Amount of Grants.--Paragraph (1) of section
7526(c) (relating to special rules and limitations) is amended by
striking ``$6,000,000 per year'' and inserting ``$9,000,000 for 2002,
$12,000,000 for 2003, and $15,000,000 for each year thereafter''.
(b) Limitation on Use of Clinics for Tax Return Preparation.--
Subparagraph (A) of section 7526(b)(1) is amended by adding at the end
the following flush language:
``The term does not include a clinic that provides
routine tax return preparation. The preceding sentence
shall not apply to return preparation in connection
with a controversy with the Internal Revenue
Service.''.
(c) Promotion of Clinics.--Section 7526(c) is amended by adding at
the end the following new paragraph:
``(7) Promotion of clinics.--The Secretary is authorized to
promote the benefits of and encourage the use of low-income
taxpayer clinics through the use of mass communications,
referrals, and other means.''. | Fairness in Tax Collections Act of 2002 - Amends the Internal Revenue Code to permit the IRS to enter into installment agreements with taxpayers that do not provide for full payment of liabilities. Requires the IRS to review partial payment installment agreements at least every two years.Extends from nine months to two years the period in which proceeds errantly acquired by the IRS may be returned.Authorizes a taxpayer to deposit money in an IRA without regard to the normally applicable limits on IRA contributions and rollovers if the IRS has sent back the money being deposited due to a wrongful levy and it originally came from an IRA. Requires the contribution to be to the same type of IRA from which the amounts were withdrawn. Stipulates that in such a scenario any tax on the withdrawal from the IRA is abated. Considers interest paid by the IRS to the taxpayer part of the original payment and is not counted as gross income.Modifies the suspension date of the statute of limitations for taxpayers suffering significant hardship by applying it only if the date of the decision by the National Taxpayer Advocate is at least seven days after the date of the taxpayer's application.Directs the Secretary to study IRS practices concerning liens and levies.Increases the allocations for low-income taxpayer clinics, from the current $6 million annually, to $15 million annually by 2003. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide fairness in tax collection procedures."} | 1,981 | 308 | 0.458631 | 1.38455 | 0.698686 | 1.793651 | 6.876984 | 0.753968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Bicentennial
Commission Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Born into slavery on the Eastern Shore of Maryland in
1818 and given the name Frederick Augustus Washington Bailey
after his mother Harriet Bailey, Frederick Douglass has been
called the father of the civil rights movement.
(2) Douglass rose through determination, brilliance, and
eloquence to shape the American Nation. He was an abolitionist,
human rights and women's rights activist, orator, author,
journalist, publisher, and social reformer.
(3) Taught basic reading skills by his mistress until she
was forced to stop, Douglass continued to teach himself to read
and write and taught other slaves to read despite risks
including death.
(4) During the course of his remarkable life Frederick
Douglass escaped from slavery, became internationally renowned
for his eloquence in the cause of liberty, and went on to serve
the national government in several official capacities.
(5) Forced to leave the country to avoid arrest as an
escaped slave, he returned to become a staunch advocate of the
Union cause and helped recruit African-American troops for the
Union Army, including two of his sons, Charles and Lewis
Douglass. His personal relationship with Abraham Lincoln helped
persuade the President to make emancipation a cause of the
Civil War.
(6) With the abolition of slavery at the close of the Civil
War, Douglass then turned his attention to the full integration
of African-Americans into the political and economic life of
the United States. Committed to freedom, Douglass dedicated his
life to achieving justice for all Americans, in particular
African-Americans, women, and minority groups. He envisioned
America as an inclusive Nation strengthened by diversity and
free of discrimination.
(7) Douglass served as an advisor to Presidents. Abraham
Lincoln referred to him as the most meritorious man of the
nineteenth century. Douglass was appointed to several offices.
He served as the United States Marshal of the District of
Columbia under Rutherford B. Hayes' administration; President
James Garfield appointed Douglass the District of Columbia
Recorder of Deeds. In 1889, President Benjamin Harrison
appointed Frederick Douglass to be the United States minister
to Haiti. He was also appointed by President Grant to serve as
Assistant Secretary of the Commission of Inquiry to Santo
Domingo.
(8) Douglass lived in the District of Columbia for 23 of
his 57 years as a free man, and in recognition of his
leadership and continuous fight for justice and freedom, his
home, Cedar Hill, was established as a National Historic Site
in Anacostia, in Southeast Washington, DC.
(9) Frederick Douglass was deeply committed to obtaining
equal congressional voting and self-government rights for
District of Columbia residents and his statue in the United
States Capitol is a gift from the almost 650,000 American
citizens of the District of Columbia.
(10) All Americans could benefit from studying the life of
Frederick Douglass, for Douglass dedicated his own life to
ensuring freedom and equality for future generations of
Americans. This Nation should ensure that his tireless
struggle, transformative words, and inclusive vision of
humanity continue to inspire and sustain us.
(11) The year 2018 marks the bicentennial anniversary of
the birth of Frederick Douglass, and a commission should be
established to study and recommend to Congress activities that
are fitting and proper to celebrate that anniversary in a
manner that appropriately honors Frederick Douglass.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Frederick
Douglass Bicentennial Commission (referred to in this Act as the
``Commission'').
SEC. 4. DUTIES.
The Commission shall have the following duties:
(1) To study activities that may be carried out by the
Federal Government to determine whether the activities are
fitting and proper to honor Frederick Douglass on the occasion
of the bicentennial anniversary of Douglass' birth, including--
(A) the issuance of a Frederick Douglass
bicentennial postage stamp;
(B) the convening of a joint meeting or joint
session of Congress for ceremonies and activities
relating to Frederick Douglass;
(C) a rededication of the Frederick Douglass
National Historic Site, or other activity with respect
to the Site; and
(D) the acquisition and preservation of artifacts
associated with Frederick Douglass.
(2) To recommend to Congress the activities that the
Commission considers most fitting and proper to honor Frederick
Douglass on such occasion, and the entity or entities in the
Federal Government that the Commission considers most
appropriate to carry out such activities.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 16
members appointed as follows:
(1) Two members, each of whom shall be a qualified citizen
described in subsection (b), appointed by the President.
(2) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Maryland.
(3) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Massachusetts.
(4) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of New York.
(5) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Mayor of the District of Columbia.
(6) Three members, at least one of whom shall be a Member
of the House of Representatives, appointed by the Speaker of
the House of Representatives.
(7) Three members, at least one of whom shall be a Senator,
appointed by the majority leader of the Senate.
(8) Two members, at least one of whom shall be a Member of
the House of Representatives, appointed by the minority leader
of the House of Representatives.
(9) Two members, at least one of whom shall be a Senator,
appointed by the minority leader of the Senate.
(b) Qualified Citizen.--A qualified citizen described in this
subsection is a private citizen of the United States with--
(1) a demonstrated dedication to educating others about the
importance of historical figures and events; and
(2) substantial knowledge and appreciation of Frederick
Douglass.
(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day
period beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of Congress, and ceases to be a
Member of Congress, that member may continue to serve on the Commission
for not longer than the 30-day period beginning on the date that member
ceases to be a Member of Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) 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.
(i) Quorum.--Six members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(j) Chair.--The Commission shall select a Chair from among the
members of the Commission.
(k) Meetings.--The Commission shall meet at the call of the Chair.
Periodically, the Commission shall hold a meeting in Rochester, New
York.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Commission may appoint and fix the pay of a
Director and such additional personnel as the Commission considers to
be appropriate.
(b) Applicability of Certain Civil Service Laws.--
(1) Director.--The Director of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(2) Staff.--The 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.
(c) Donations.--The Commission may accept donations of supplies,
money, and services to carry out its responsibilities.
SEC. 7. POWERS.
(a) 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 to be appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 8. REPORTS.
(a) Interim Reports.--The Commission may submit to Congress such
interim reports as the Commission considers to be appropriate.
(b) Final Report.--The Commission shall submit a final report to
Congress no later than December 1, 2017. The final report shall
contain--
(1) a detailed statement of the findings and conclusions of
the Commission;
(2) the recommendations of the Commission; and
(3) any other information that the Commission considers to
be appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 120 days after submitting the final
report of the Commission pursuant to section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Frederick Douglass Bicentennial Commission Act This bill establishes the Frederick Douglass Bicentennial Commission to study activities that may be carried out by the federal government to honor Frederick Douglass on the bicentennial anniversary of his birth, including: (1) the issuance of a postage stamp, (2) the convening of a joint meeting or joint session of Congress for ceremonies and activities relating to Frederick Douglass, (3) a rededication of the Frederick Douglass National Historic Site, and (4) the acquisition and preservation of related artifacts. By December 1, 2017, the commission must recommend appropriate activities in a final report to Congress. | {"src": "billsum_train", "title": "Frederick Douglass Bicentennial Commission Act"} | 2,366 | 137 | 0.417978 | 1.275346 | 0.610921 | 4.119658 | 18.974359 | 0.957265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Research Enhancement
Act''.
SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH ACTIVITIES.
(a) In General.--Section 6 of the Environmental Research,
Development, and Demonstration Authorization Act of 1979 (42 U.S.C.
4361c) is amended by adding at the end the following:
``(e) Deputy Administrator for Science and Technology.--
``(1) Establishment.--There is established in the
Environmental Protection Agency (referred to in this section as
the `Agency') the position of Deputy Administrator for Science
and Technology.
``(2) Appointment.--
``(A) In general.--The Deputy Administrator for
Science and Technology shall be appointed by the
President, by and with the advice and consent of the
Senate.
``(B) Consideration of recommendations.--In making
an appointment under subparagraph (A), the President
shall consider recommendations submitted by--
``(i) the National Academy of Sciences;
``(ii) the National Academy of Engineering;
and
``(iii) the Science Advisory Board
established by section 8 of the Environmental
Research, Development, and Demonstration
Authorization Act of 1978 (42 U.S.C. 4365).
``(3) Responsibilities.--
``(A) Oversight.--The Deputy Administrator for
Science and Technology shall coordinate and oversee--
``(i) the Office of Research and
Development of the Agency (referred to in this
section as the `Office');
``(ii) the Office of Environmental
Information of the Agency;
``(iii) the Science Advisory Board;
``(iv) the Science Policy Council of the
Agency; and
``(v) scientific and technical activities
in the regulatory program and regional offices
of the Agency.
``(B) Other responsibilities.--The Deputy
Administrator for Science and Technology shall--
``(i) ensure that the most important
scientific issues facing the Agency are
identified and defined, including those issues
embedded in major policy or regulatory
proposals;
``(ii) develop and oversee an Agency-wide
strategy to acquire and disseminate necessary
scientific information through intramural
efforts or through extramural programs
involving academia, other government agencies,
and the private sector in the United States and
in foreign countries;
``(iii) ensure that the complex scientific
outreach and communication needs of the Agency
are met, including the needs--
``(I) to reach throughout the
Agency for credible science in support
of regulatory office, regional office,
and Agency-wide policy deliberations;
and
``(II) to reach out to the broader
United States and international
scientific community for scientific
knowledge that is relevant to Agency
policy or regulatory issues;
``(iv) coordinate and oversee scientific
quality-assurance and peer-review activities
throughout the Agency, including activities in
support of the regulatory and regional offices;
``(v) develop processes to ensure that
appropriate scientific information is used in
decisionmaking at all levels in the Agency; and
``(vi) ensure, and certify to the
Administrator of the Agency, that the
scientific and technical information used in
each Agency regulatory decision and policy is--
``(I) valid;
``(II) appropriately characterized
in terms of scientific uncertainty and
cross-media issues; and
``(III) appropriately applied.
``(f) Assistant Administrator for Research and Development.--
``(1) Term of appointment.--Notwithstanding any other
provision of law, the Assistant Administrator for Research and
Development of the Agency shall be appointed for a term of 6
years.
``(2) Applicability.--Paragraph (1) applies to each
appointment that is made on or after the date of enactment of
this subsection.
``(g) Senior Research Appointments in Office of Research and
Development Laboratories.--
``(1) Establishment.--The head of the Office, in
consultation with the Science Advisory Board and the Board of
Scientific Counselors of the Office, shall establish a program
to recruit and appoint to the laboratories of the Office senior
researchers who have made distinguished achievements in
environmental research.
``(2) Awards.--
``(A) In general.--The head of the Office shall
make awards to the senior researchers appointed under
paragraph (1)--
``(i) to support research in areas that are
rapidly advancing and are related to the
mission of the Agency; and
``(ii) to train junior researchers who
demonstrate exceptional promise to conduct
research in such areas.
``(B) Selection procedures.--The head of the Office
shall establish procedures for the selection of the
recipients of awards under this paragraph, including
procedures for consultation with the Science Advisory
Board and the Board of Scientific Counselors of the
Office.
``(C) Duration of awards.--Awards under this
paragraph shall be made for a 5-year period and may be
renewed.
``(3) Placement of researchers.--Each laboratory of the
Office shall have not fewer than 1 senior researcher appointed
under the program established under paragraph (1).
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(h) Other Activities of Office of Research and Development.--
``(1) Activities of the office.--The Office shall--
``(A) make a concerted effort to give research
managers of the Office a high degree of flexibility and
accountability, including empowering the research
managers to make decisions at the lowest appropriate
management level consistent with the policy of the
Agency and the strategic goals and budget priorities of
the Office;
``(B) maintain, to the maximum extent practicable,
an even balance between core research and problem-
driven research;
``(C) develop and implement a structured strategy
for encouraging, and acquiring and applying the results
of, research conducted or sponsored by other Federal
and State agencies, universities, and industry, both in
the United States and in foreign countries; and
``(D) substantially improve the documentation and
transparency of the decisionmaking processes of the
Office for--
``(i) establishing research and technical-
assistance priorities;
``(ii) making intramural and extramural
assignments; and
``(iii) allocating funds.
``(2) Activities of the administrator.--The Administrator
of the Agency shall--
``(A) substantially increase the efforts of the
Agency--
``(i) to disseminate actively the research
products and ongoing projects of the Office;
``(ii) to explain the significance of the
research products and projects; and
``(iii) to assist other persons and
entities inside and outside the Agency in
applying the results of the research products
and projects;
``(B)(i) direct the Deputy Administrator for
Science and Technology to expand the science inventory
of the Agency by conducting, documenting, and
publishing a more comprehensive and detailed inventory
of all scientific activities conducted by Agency units
outside the Office, which inventory should include
information such as--
``(I) project goals, milestones, and
schedules;
``(II) principal investigators and project
managers; and
``(III) allocations of staff and financial
resources; and
``(ii) use the results of the inventory to ensure
that activities described in clause (i) are properly
coordinated through the Agency-wide science planning
and budgeting process and are appropriately peer
reviewed; and
``(C) change the peer-review policy of the Agency
to more strictly separate the management of the
development of a work product from the management of
the peer review of that work product, thereby ensuring
greater independence of peer reviews from the control
of program managers, or the potential appearance of
control by program managers, throughout the Agency.''.
(b) Deputy Administrator for Policy and Management.--
(1) In general.--The position of Deputy Administrator of
the Environmental Protection Agency is redesignated as the
position of ``Deputy Administrator for Policy and Management of
the Environmental Protection Agency''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Deputy Administrator of the Environmental Protection Agency
shall be deemed to be a reference to the Deputy Administrator
for Policy and Management of the Environmental Protection
Agency.
(c) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Administrator of the Environmental Protection Agency and inserting the
following:
``Deputy Administrator for Policy and Management of the
Environmental Protection Agency.
``Deputy Administrator for Science and Technology of the
Environmental Protection Agency.''. | Environmental Research Enhancement Act - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1979 to establish in the Environmental Protection Agency (EPA) the position of Deputy Administrator for Science and Technology, who shall be appointed by the President with the advice and consent of the Senate. Gives the Deputy Administrator responsibility for: (1) oversight of the Office of Research and Development, the Office of Environmental Information, the Science Advisory Board, the Science Policy Council, and scientific and technical activities in the regulatory program and regional offices of the EPA; and (2) functions related to identification of scientific issues and dissemination of scientific information. Sets the term for the Assistant Administrator for Research and Development. Requires the head of the Office of Research and Development (the Office) to establish a program to make senior research appointments. Specifies the activities of the Office. Requires the EPA Administrator to: (1) substantially increase EPA efforts to disseminate, explain the significance of, and apply the results of research products and projects of the Office; (2) direct the Deputy Administrator for Science and Technology to comprehensively inventory EPA scientific activities conducted outside of the Office and to ensure proper agency-wide coordination of such activities; and (3) revise the agency's peer-review policy. Redesignates the position of EPA Deputy Administrator as Deputy Administrator for Policy and Management. | {"src": "billsum_train", "title": "A bill to amend the Environmental Research, Development, and Demonstration Authorization Act of 1979 to establish in the Environmental Protection Agency the position of Deputy Administrator for Science and Technology.."} | 1,919 | 294 | 0.665271 | 1.818593 | 1.031522 | 3.10728 | 7.022989 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Academic Research
Efforts for Tourette Syndrome Act of 2017''.
SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO
TOURETTE SYNDROME.
Part B of title IV of the Public Health Service Act is amended by
inserting after section 409J (42 U.S.C. 284q) the following:
``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES
WITH RESPECT TO TOURETTE SYNDROME.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall expand, intensify, and coordinate the programs and
activities of the National Institutes of Health with respect to
scientific and clinical research on Tourette syndrome.
``(b) Data Collection.--
``(1) System.--In carrying out subsection (a), the
Secretary shall develop a system to collect data on Tourette
syndrome, including epidemiologic information with respect to
the incidence, prevalence, and impact of Tourette syndrome in
the United States.
``(2) Broad and narrow definitions.--The data collection
system under paragraph (1) shall provide for the collection of
primary data on Tourette syndrome, including related data on
the various conditions known to be comorbid with Tourette
syndrome.
``(3) Collection by population and geographical region.--
The data collection system under paragraph (1) shall provide
for the collection of data on the availability of medical and
social services for individuals with Tourette syndrome and
their families and the disaggregation of such data by
population and geographical region.
``(c) Collaborative Research Centers for Tourette Syndrome.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall award grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for Collaborative Research Centers for
Tourette Syndrome.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into Tourette syndrome.
Such research should include investigations into the cause,
diagnosis, early detection, prevention, control, and treatment
of Tourette syndrome. The research conducted by such centers,
as a group, shall include research in the fields of
developmental neurobiology, neuroscience, genetics, psychology,
and pharmacology.
``(3) Services for patients.--
``(A) In general.--A center under paragraph (1) may
expend amounts provided under such paragraph to carry
out a program to make individuals aware of
opportunities to participate as subjects in research
conducted by the centers.
``(B) Referral and costs.--A program under
subparagraph (A) may, in accordance with such criteria
as the Secretary may establish, provide to the subjects
described in such subparagraph, referrals for health
and other services, and such patient care costs as are
required for research.
``(C) Availability and access.--The extent to which
a center can demonstrate availability and access to
clinical services shall be considered by the Secretary
in decisions about awarding grants and contracts to
applicants which meet the scientific criteria for
funding under this subsection.
``(4) Organization of collaborative research centers for
tourette syndrome.--
``(A) In general.--A center under paragraph (1)
may--
``(i) use the facilities of a single
institution; or
``(ii) be formed from a consortium of
cooperating institutions and patient advocacy
groups in order to maximize the scope of the
center's services and geographic coverage.
``(B) Eligibility requirements.--To be eligible to
make facilities so available (as described in
subparagraph (A)(i)) or participate in such a
consortium (as described in subparagraph (A)(ii)), an
institution or group shall meet such requirements as
the Secretary may prescribe.
``(5) Number of centers; duration of support.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall provide for the
establishment of not fewer than 4 and not more than 6
centers under paragraph (1).
``(B) Geographical distribution.--The Secretary
shall--
``(i) ensure that each of the centers
established under paragraph (1) is located in a
different region of the United States than
other such centers; and
``(ii) encourage the formation of such
centers from a consortium of entities (as
described in paragraph (4)(A)(ii)) covering
multiple regions or States.
``(C) Duration.--Support for a center established
under paragraph (1) may be provided under this section
for a period not to exceed 5 years. Such period may be
extended for one or more additional periods not
exceeding 5 years if the operations of such center have
been reviewed and approved by an appropriate technical
and scientific peer review group established by the
Secretary and if such group has recommended to the
Secretary that such period should be extended.
``(d) Research on Symptomology and Treatment.--In carrying out
subsection (a), the Secretary shall award grants on a competitive,
peer-reviewed basis for research on--
``(1) the full range of symptomology within the Tourette
syndrome clinical spectrum; and
``(2) the efficacy of treatment options for particular
patient subpopulations.
``(e) Funding.--Of the amounts made available to carry out the
programs and activities of the National Institutes of Health for a
fiscal year, the Secretary shall designate a portion of such amounts
for carrying out the programs and activities of the National Institutes
of Health with respect to Tourette syndrome.''. | Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017 This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. The NIH must: (1) develop a system to collect data on Tourette syndrome, including epidemiological information and data on the availability of medical and social services for individuals with Tourette syndrome and their families; (2) support Collaborative Research Centers for Tourette Syndrome to conduct basic and clinical research; (3) award grants for research on Tourette syndrome symptoms and treatment options for particular patient subpopulations; (4) designate funding to carry out Tourette syndrome programs and activities. | {"src": "billsum_train", "title": "Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017"} | 1,266 | 154 | 0.669197 | 1.882522 | 0.766268 | 4.015385 | 8.838462 | 0.953846 |
SECTION 1. FLEXIBILITY INCENTIVE GRANT PILOT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Flexibility incentive grant pilot program
``(a) Purpose.--The purpose of this section is to provide
incentives to encourage States to establish new sources of revenue for
public transportation projects and services and to reward States for
creating more flexibility in the use of their existing transportation
funds.
``(b) Establishment of Program.--The Secretary of Transportation
shall establish a flexibility incentive grant pilot program in
accordance with this section.
``(c) Applications.--
``(1) In general.--A State may submit application to the
Secretary for a grant under the section for each of fiscal
years 2008, 2009, 2010, and 2011 not later than the August 1
preceding the first day of such fiscal year.
``(2) Contents.--An application of a State for a grant for
a fiscal year under this section shall contain, at a minimum,
the aggregate amount that the State and the counties of the
State expended (excluding amounts from Federal sources) on
public transportation projects and services for each of the
State's 2 fiscal years preceding the date of the application,
together with such supporting documentation as the Secretary
may require by regulation.
``(d) Determinations by the Secretary.--Not later than September 1
of each of calendar years 2008 through 2011, the Secretary shall
determine for each State that submitted an application for a grant
under subsection (c) for the fiscal year beginning on September 30th of
that calendar year if the State and the counties of the State increased
the aggregate amount that the State and such counties expended
(excluding amounts from Federal sources) on public transportation
projects and services from the State's second fiscal year preceding
such September 1 to the State's first fiscal year preceding such
September 1, the amount of such increase, and the percentage of such
increase over the State's second preceding fiscal year.
``(e) Grants for Increased Public Transportation Funding.--
``(1) States with an increase of 10 percent or more.--
Subject to paragraph (2) and subsection (g)--
``(A) the Secretary shall make a grant for each of
fiscal years 2008 through 2011 to each State--
``(i) whose percentage increase, as
determined by the Secretary under subsection
(d) with respect to such fiscal year, in
expenditures for public transportation projects
and services over the preceding fiscal year of
the State was 10 percent or more; and
``(ii) whose aggregate expenditures for
such projects and services in the State's
preceding fiscal year was $1,000,000,000 or
less, as determined by the Secretary under
subsection (d).
``(B) the amount of the grant shall be equal to the
increase in the aggregate amount that the State and the
counties of the State expended (excluding amounts from
Federal sources) on public transportation projects and
services from the second preceding fiscal year of the
State to the first preceding fiscal year of the State,
as determined by the Secretary under subsection (d).
``(2) Large states with an increase of 1 percent or more.--
Subject to subsection (h), for each of fiscal years 2008
through 2011, the Secretary shall make a grant of $50,000,000
to each State--
``(A) whose percentage increase, as determined by
the Secretary under subsection (d) with respect to such
fiscal year, in expenditures for public transportation
projects and services over the preceding fiscal year of
the State was 1 percent or more; and
``(B) whose aggregate expenditures for such
projects and services in the State's preceding fiscal
year was more than $1,000,000,000, as determined by the
Secretary under subsection (d).
``(f) States Creating Flexible Transportation Funds.--
``(1) New dedicated source of revenue.--
``(A) In general.--Subject to subsection (g), for
each of fiscal years 2008 through 2011, the Secretary
shall make a grant of $10,000,000 to each State that
established in the first preceding fiscal year of the
State a dedicated source of revenue for carrying out
only public transportation projects and services that
the Secretary--
``(i) determines was not in effect in the
second preceding fiscal year of the State; and
``(ii) projects will result in an increase
of 10 percent in State funds available for
expenditure on such projects and services
within 2 years after the date of such
implementation.
``(B) Dedicated source of revenues defined.--For
purposes of this paragraph, the term `dedicated source
of revenue' may include the dedication of a State motor
fuels tax or sales tax, interest on existing highway
funds, motor vehicle excise tax, tolls, loans to be
made out of highway funds, and such other sources of
revenue as the Secretary determines.
``(2) Unrestricted use of highway funds.--Subject to
subsection (h), for each of fiscal years 2008 through 2011, the
Secretary shall make a grant of $10,000,000 to each State that
in the preceding fiscal year of the State amended State law or
the State constitution to allow funds that were restricted for
highway purposes only to be used for public transportation
projects and services as well as highway purposes.
``(g) Limitation for States Eligibility for Multiple Grants.--If
the Secretary determines that a State is eligible for a grant under
more than one of subsections (e)(1), (e)(2), (f)(1), and (f)(2) for a
fiscal year, the Secretary may only make the grant to the State that is
for the greatest amount the State is eligible for under such
subsections.
``(h) Use of Grants.--A State may obligate funds granted to it
under this section for any project or activity eligible for assistance
under title 23 or chapter 53.
``(i) Grant Requirements.--Except as otherwise provided in this
section--
``(1) a grant under this section being used for a public
transportation project or activity shall be subject to all of
the terms and conditions to which a grant made under section
5307 is subject; and
``(2) a grant under this section being used for a highway
project or activity shall be subject to all of the terms and
conditions that would be applicable to such project or activity
if such project or activity were being carried out under title
23, United States Code.
``(j) Federal Share.--The Federal share of the cost of a project or
activity funded under this section shall be 100 percent.
``(k) Authorizations of Appropriations.--There are authorized to be
appropriated to carry out this section for each of fiscal years 2008
through 2011 $250,000,000. Such sums shall remain available until
expended.
``(l) Program Evaluation.--Not later than 5 years after the date of
enactment of this section, the Secretary shall--
``(1) conduct a study to evaluate the pilot program
authorized by this section; and
``(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs of the Senate a
report describing the results of the study.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``5341. Flexibility incentive grant pilot program''. | Directs the Secretary of Transportation to establish a flexibility incentive grant pilot program to encourage states to establish new sources of revenue for public transportation projects and services and to reward states for creating more flexibility in the use of their existing transportation funds.
Requires the Secretary to make a grant for FY2008-FY2011 to: (1) each state whose increase in expenditures for public transportation projects and services over the preceding fiscal year was 10% or more and aggregate expenditures for such projects and services was $1 billion or less; (2) each large state whose increase in expenditures for such projects and services over the preceding fiscal year was 1% or more and aggregate expenditures for such projects and services was more than $1 billion; (3) each state that established in the first preceding fiscal year a dedicated source of revenue (i.e., state motor fuels tax, sales tax, or other specified sources of revenue) for carrying out public transportation projects and services that was not in effect in the second preceding fiscal year and which will result in a 10% increase of state funds expended for such projects and services within two years after such implementation; and (4) each state that in the preceding fiscal year amended state law or the state constitution to allow restricted highway funds to also be used for public transportation projects and services. Sets forth certain grant eligibility requirements.
Directs the Secretary to conduct, and report to Congress on, a study to evaluate the pilot program. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide for the establishment of a flexibility incentive grant program."} | 1,612 | 300 | 0.677629 | 1.774661 | 0.781843 | 3.886525 | 5.471631 | 0.921986 |
SECTION 1. SHORT TITLE; AMENDMENT REFERENCES.
(a) Short Title.--This Act may be cited as the ``National Fish and
Wildlife Foundation Establishment Act Amendments of 1998''.
(b) Amendment of National Fish and Wildlife Foundation
Establishment Act.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.).
SEC. 2. MEMBERSHIP OF BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Amendments.--Section 3 (16 U.S.C. 3702) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``15'' and inserting ``22'';
(B) in paragraph (1), by striking ``six'' and
inserting ``4'', and by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2) by striking the period at the
end and inserting ``; and'';
(D) by inserting after paragraph (2) the following:
``(3) 4 of whom must be knowledgeable and experienced in
ocean and coastal resource conservation.''; and
(E) in the material following paragraph (3) (as so
added), by striking ``shall be'' and inserting ``and
the Under Secretary of Commerce for Oceans and
Atmosphere shall each be''; and
(2) by amending subsection (b) to read as follows:
``(b) Appointment and Terms.--
``(1) In general.--The Secretary of the Interior (in this
Act referred to as the `Secretary') shall appoint the Directors
of the Board, after considering recommendations from the Board
under paragraph (4). The Secretary of the Interior shall
consult with the Under Secretary of Commerce for Oceans and
Atmosphere before appointing any Director of the Board.
``(2) Terms.--The Directors shall be appointed for terms of
6 years; except that the Secretary, in making the initial
appointments to the Board, shall appoint 3 Directors to a term
of 2 years, 2 Directors to a term of 4 years, and 2 Directors
to a term of 6 years. No individual may serve more than 2
consecutive full terms as a Director.
``(3) Vacancies.--A vacancy on the Board shall be filled
within 60 days after the occurrence of the vacancy. Any
individual appointed to fill a vacancy occurring prior to the
expiration of any term of office shall be appointed for the
remainder of that term.
``(4) Nomination of appointees.--The Board may recommend to
the Secretary individuals to be appointed as Directors of the
Board.''.
(b) Application.--The amendments made by subsection (a) shall apply
to any appointment of a Director of the Board of the National Fish and
Wildlife Foundation on or after the date of the enactment of this Act.
(c) Appointment of Additional Members.--
(1) Nominations.--The Board of Directors on the National
Fish and Wildlife Foundation shall submit any recommendations
of individuals for appointment to positions on the Board
created by the amendment made by subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act.
(2) Staggered terms.--Of the Directors on the Board of
Directors of the National Fish and Wildlife Foundation first
appointed pursuant to the amendment made by subsection (a)(1)--
(A) 3 shall be appointed to a term that expires
December 31, 1999;
(B) 2 shall be appointed to a term that expires
December 31, 2001; and
(C) 2 shall be appointed to a term that expires
December 31, 2003,
as specified by the Secretary of the Interior at the time of
appointment.
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Investment and Deposit of Federal Funds.--Section 4(c) (16
U.S.C. 3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) in order as
paragraphs (8) through (12); and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to provide Federal funds for the purpose of entering
into cooperative agreements with willing private landowners for
restoration and enhancement of fish, wildlife, and other
natural resources on public or private land, or both, if such
cooperative agreements--
``(A) provide general conservation benefits; or
``(B) benefit fish, wildlife, or other natural
resources on public land;
``(7) to accept and manage funds provided by any Federal
agency under any other law when it is in the public
interest;''.
(b) Agency Approval of Acquisitions of Property.--Section 4(e) (16
U.S.C. 3703(e)) is amended--
(1) by amending paragraph (1)(B) to read as follows:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency fails to object in
writing to the proposed acquisition within 60 days after the
date of that notification.''; and
(2) in paragraph (2), by striking ``the Director'' and
inserting ``the head of the Federal agency that administers the
program under which the funds were provided''.
(c) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(d) Agency Approval of Conveyances and Grants.--Section
4(e)(3)(B)(ii) (16 U.S.C. 3703(e)(3)(B)(ii)) is amended to read as
follows:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the head of the agency fails to object in writing to
such proposed conveyance or provision of Federal funds within
60 days after the date of that notification.''.
(e) Reconveyance of Real Property.--Section 4(e)(5) (16 U.S.C.
3703(e)(5)) is amended to read as follows:
``(5) The Foundation shall convey at not less than fair market
value any real property acquired by it in whole or in part with Federal
funds if the Foundation notifies the Federal agency that administers
the Federal program under which the funds were provided, and the agency
fails to disagree within 60 days after the date of that notification,
that--
``(A) the property is no longer valuable for the purposes
of fish and wildlife conservation or management; and
``(B) the purposes of the Foundation would be better served
by the use of the proceeds of the conveyance for authorized
activities of the Foundation.''.
(f) Termination of Condemnation Limitation; Expenditures for
Printing or Capital Equipment.--Section 4(d) (16 U.S.C. 3703(d)) is
amended to read as follows:
``(d) Expenditures for Printing or Capital Equipment.--The
Foundation may not make an expenditure of Federal funds for printing or
capital equipment that is greater than $10,000 unless the expenditure
is approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 4. MATCHING REQUIREMENT.
Section 10(b)(1) (16 U.S.C. 3709(b)(1)) is amended by striking
``matching, in whole or in part,'' and inserting ``matching, on a one-
to-one basis,''.
SEC. 5. RESTRICTIONS ON USE OF GRANTS PROVIDED BY FOUNDATION.
Section 10(b) (16 U.S.C. 3709(b)) is amended by adding at the end
the following:
``(3)(A) Amounts provided as a grant by the Foundation shall not be
used for--
``(i) expenses related to litigation; or
``(ii) any activity the purpose of which is to influence
legislation pending before the Congress.
``(B) Subparagraph (A)(ii) shall not be considered to prohibit
officers or employees of the Foundation from communicating to Members
or staff of Congress requests for legislation that they consider
necessary for the efficient conduct of the business of the Foundation
or that relates to the authority of the Foundation, appropriations for
use by the Foundation, or use of Federal funds by the Foundation.
``(4) Amounts provided as a grant by the Foundation shall not be
used for any activity related to the introduction of wolves or grizzly
bears in Idaho, Montana, Utah, or Wyoming.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 10(a) (16 U.S.C. 3709(a)) is amended to
read as follows:
``(a) Authorization.--There are authorized to be appropriated to
the Secretary of the Interior and the Secretary of Commerce, in the
aggregate, $25,000,000 for fiscal year 1999.''.
(b) Repeal.--Section 10(c) (16 U.S.C. 3709(c)) is repealed. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act to increase the number of members of the National Fish and Wildlife Foundation's Board of Directors. Provides for four directors experienced in ocean and coastal resources conservation and adds the Under Secretary for Commerce for Oceans and Atmosphere as a nonvoting member.
Expands Foundation powers to include the right to: (1) invest and deposit Federal funds; and (2) provide Federal funds to enter into agreements with private landowners for fish, wildlife, and natural resource restoration and enhancement on public and private lands.
Revises certain limitations on the use of Federal funds by the Foundation to acquire interests in, convey, or grant such funds to another for, real property to allow such activities if the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed activity and the agency fails to object within a certain time period.
Removes a limitation on the condemnation of Foundation lands by State or local entities. Prohibits the use of Foundation grants for litigation expenses, activities to influence legislation pending before the Congress, or for activities related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming.
Extends the authorization of appropriations for the Foundation through FY 1999.
Repeals a provision that states that amounts authorized under the Act are in addition to any provided for the Foundation under other Federal laws. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Establishment Act Amendments of 1998"} | 2,238 | 317 | 0.514175 | 1.548041 | 0.787313 | 3.160142 | 7.003559 | 0.868327 |
.--At any time after the
Director of OMB issues a final order for a fiscal year, but before the
end of the session of Congress in session on the date of the issuance
of such order, the majority leader of the House of Representatives may
introduce a joint resolution which contains provisions directing the
President to modify the most recent final order issued pursuant to this
title, or provide an alternative to eliminate the spending excess for
such fiscal year or years. After the introduction of the first such
joint resolution in either House of Congress in any calendar year, then
no other joint resolution introduced pursuant to this section shall be
subject to the procedures set forth in this section.
(b) Procedures for Consideration of Joint Resolutions.--
(1) Any committee of the House of Representatives to which
an alternative spending compliance measure is referred shall
report it to the House without amendment not later than the
seventh legislative day after the date of its introduction. If
a committee fails to report the bill within that period or the
House has adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress, it shall be in
order to move that the House discharge the committee from
further consideration of the bill. Such a motion shall be in
order only at a time designated by the Speaker in the
legislative schedule within two legislative days after the day
on which the proponent announces his intention to offer the
motion. Such a motion shall not be in order after a committee
has reported a spending compliance measure with respect to that
special message or after the House has disposed of a motion to
discharge with respect to that special message. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion except twenty minutes of
debate equally divided and controlled by the proponent and an
opponent. If such a motion is adopted, the House shall proceed
immediately to consider the spending compliance measure bill in
accordance with paragraph (3). A motion to reconsider the vote
by which the motion is disposed of shall not be in order.
(2) After a spending compliance measure is reported or a
committee has been discharged from further consideration, or
the House has adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress, it shall be in
order to move to proceed to consider the spending compliance
measure in the House. Such a motion shall be in order only at a
time designated by the Speaker in the legislative schedule
within two legislative days after the day on which the
proponent announces his intention to offer the motion. Such a
motion shall not be in order after the House has disposed of a
motion to proceed with respect to that special message. The
previous question shall be considered as ordered on the motion
to its adoption without intervening motion. A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
(3) The spending compliance measure shall be considered as
read. All points of order against an approval bill and against
its consideration are waived. The previous question shall be
considered as ordered on an approval bill to its passage
without intervening motion except five hours of debate equally
divided and controlled by the proponent and an opponent and one
motion to limit debate on the bill. A motion to reconsider the
vote on passage of the bill shall not be in order.
(4) A spending compliance measure received from the Senate
shall not be referred to committee.
(c) Voting.--The vote on final passage of a joint resolution or
conference report thereon referred to in paragraph (1) shall require
approval of not less than three-fifths of the Members of the House of
Representatives.
SEC. 709. ALTERNATE SPENDING REDUCTION LEGISLATION IN THE SENATE.
(a) Introduction of Joint Resolution.--At any time after OMB issues
a final order for a fiscal year, but before the end of the session of
Congress in session on the date of the issuance of such order, the
majority leader of either House of Congress may introduce a joint
resolution which contains provisions directing the President to modify
the most recent final order provide an alternative to eliminate the
spending excess for such fiscal year or years. After the introduction
of the first such joint resolution in either House of Congress in any
calendar year, then no other joint resolution introduced in such House
in such calendar year shall be subject to the procedures set forth in
this section.
(b) Procedures for Consideration of Joint Resolutions.--
(1) Referral to committee.--A joint resolution introduced
in the Senate under subsection (a) shall not be referred to a
committee of the Senate and shall be placed on the calendar
pending disposition of such joint resolution in accordance with
this subsection.
(2) Consideration in the senate.--On or after the third
calendar day (excluding Saturdays, Sundays, and legal holidays)
beginning after a joint resolution is introduced under
subsection (a), notwithstanding any rule or precedent of the
Senate, including rule XXII of the Standing Rules of the
Senate, it is in order (even though a previous motion to the
same effect has been disagreed to) for any Member of the Senate
to move to proceed to the consideration of the joint
resolution. The motion is not in order after the eighth
calendar day (excluding Saturdays, Sundays, and legal holidays)
beginning after a joint resolution (to which the motion
applies) is introduced. The joint resolution is privileged in
the Senate. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion
to proceed to the consideration of the joint resolution is
agreed to, the Senate shall immediately proceed to
consideration of the joint resolution without intervening
motion, order, or other business, and the joint resolution
shall remain the unfinished business of the Senate until
disposed of.
(3) Debate in the senate.--
(A) In the Senate, debate on a joint resolution
introduced under subsection (a), amendments thereto,
and all debatable motions and appeals in connection
therewith shall be limited to not more than 10 hours,
which shall be divided equally between the majority
leader and the minority leader (or their designees).
(B) A motion to postpone, or a motion to proceed to
the consideration of other business is not in order. A
motion to reconsider the vote by which the joint
resolution is agreed to or disagreed to is not in
order, and a motion to recommit the joint resolution is
not in order.
(C)(i) No amendment that is not germane to the
provisions of the joint resolution shall be in order in
the Senate. In the Senate, an amendment, any amendment
to an amendment, or any debatable motion or appeal is
debatable for not to exceed 30 minutes to be equally
divided between, and controlled by, the mover and the
majority leader (or their designees), except that in
the event that the majority leader favors the
amendment, motion, or appeal, the minority leader (or
the minority leader's designee) shall control the time
in opposition to the amendment, motion, or appeal.
(ii) In the Senate, an amendment that is otherwise
in order shall be in order notwithstanding the fact
that it amends the joint resolution in more than one
place or amends language previously amended. It shall
not be in order in the Senate to vote on the question
of agreeing to such a joint resolution or any amendment
thereto unless the figures then contained in such joint
resolution or amendment are mathematically consistent.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on a joint resolution introduced under
subsection (a), a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the Senate,
and the disposition of any pending amendments under paragraph
(3), the vote on final passage of the joint resolution shall
occur.
(5) Appeals.--Appeals from the decisions of the Chair shall
be decided without debate.
(6) Conference reports.--In the Senate, points of order
under titles III and IV of the Congressional Budget Act of 1974
are applicable to a conference report on the joint resolution
or any amendments in disagreement thereto.
(7) Resolution from other house.--If, before the passage by
the Senate of a joint resolution of the Senate introduced under
subsection (a), the Senate receives from the House of
Representatives a joint resolution introduced under subsection
(a), then the following procedures shall apply:
(A) The joint resolution of the House of
Representatives shall not be referred to a committee
and shall be placed on the calendar.
(B) With respect to a joint resolution introduced
under subsection (a) in the Senate--
(i) the procedure in the Senate shall be
the same as if no joint resolution had been
received from the House; but
(ii)(I) the vote on final passage shall be
on the joint resolution of the House if it is
identical to the joint resolution then pending
for passage in the Senate; or
(II) if the joint resolution from the House
is not identical to the joint resolution then
pending for passage in the Senate and the
Senate then passes the Senate joint resolution,
the Senate shall be considered to have passed
the House joint resolution as amended by the
text of the Senate joint resolution.
(C) Upon disposition of the joint resolution
received from the House, it shall no longer be in order
to consider the resolution originated in the Senate.
(8) Senate action on house resolution.--If the Senate
receives from the House of Representatives a joint resolution
introduced pursuant to this section after the Senate has
disposed of a Senate originated resolution which is identical
to the House passed joint resolution, the action of the Senate
with regard to the disposition of the Senate originated joint
resolution shall be deemed to be the action of the Senate with
regard to the House originated joint resolution. If it is not
identical to the House passed joint resolution, then the Senate
shall be considered to have passed the joint resolution of the
House as amended by the text of the Senate joint resolution.
(9) The vote on final passage of a joint resolution or
conference report thereon referred to in paragraph (1) shall
require approval of not less than three-fifths of the Members
of the Senate.
SEC. 710. GENERAL PROVISIONS.
(a) Low Growth Report.--OMB and CBO shall notify the Congress if--
(1) during the period consisting of the quarter during
which such notification is given, the quarter preceding such
notification, and the 4 quarters following such notification,
OMB or CBO has determined that real economic growth is
projected or estimated to be less than zero with respect to
each of any 2 consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance
preliminary or final reports of actual real economic growth
indicate that the rate of real economic growth for each of the
most recently reported quarter and the immediately preceding
quarter is less than one percent.
(b) Economic and Technical Assumptions.--For all purposes of this
title, OMB shall use the same economic and technical assumptions as
used in the most recent budget submitted under section 1105(a) of title
31, United States Code.
(c) Social Security Trustee Report.--The Trustees of the Social
Security Administration shall annually issue a report consistent with
section 708(c) and OMB shall include such report in a final order and a
preview order.
(d) Congressional Spending Limit.--(1) The Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the end of
title III the following new section:
``SEC. 316 AGGREGATE SPENDING LIMITS.
``It shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, motion, or
conference report that would cause an excess spending amount, as
defined in section 701(c)(16) of the Budget Control Act of 2008.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 315 the following new
item:
``Sec. 316. Aggregate spending limits.''.
(e) Congressional Revenue Limits.--(1) The Congressional Budget Act
of 1974 (as amended by subsection (d)) is further amended by adding at
the end of title III the following new section:
``SEC. 317. TAX RATE LIMITS.
``It shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, motion, or
conference report that would cause aggregate Federal revenue levels, in
any fiscal year, to exceed the percentage of revenue relative to the
Gross Domestic Product set forth in subsection (b) unless so determined
by a vote of not less than three-fifths of the Members voting, a quorum
being present.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 316 the following new
item:
``Sec. 317. Tax rate limits.''.
(f) Fiscal Years of the Guideline Period.--The fiscal years within
the 75-year period referred to as a guideline period in this title
shall be as follows:
(1) Fiscal year 2009: 19.9 percent.
(2) Fiscal year 2010: 19.8 percent.
(3) Fiscal year 2011: 20.0 percent.
(4) Fiscal year 2012: 20.1 percent.
(5) Fiscal year 2013: 20.2 percent.
(6) Fiscal year 2014: 20.1 percent.
(7) Fiscal year 2015: 20.1 percent.
(8) Fiscal year 2016: 20.2 percent.
(9) Fiscal year 2017: 20.3 percent.
(10) Fiscal year 2018: 20.4 percent.
(11) Fiscal year 2019: 20.5 percent.
(12) Fiscal year 2020: 20.7 percent.
(13) Fiscal year 2021: 21.5 percent.
(14) Fiscal year 2022: 21.7 percent.
(15) Fiscal year 2023: 22.0 percent.
(16) Fiscal year 2024: 22.3 percent.
(17) Fiscal year 2025: 22.5 percent.
(18) Fiscal year 2026: 22.3 percent.
(19) Fiscal year 2027: 22.6 percent.
(20) Fiscal year 2028: 22.9 percent.
(21) Fiscal year 2029: 23.1 percent.
(22) Fiscal year 2030: 23.2 percent.
(23) Fiscal year 2031: 23.9 percent.
(24) Fiscal year 2032: 23.9 percent.
(25) Fiscal year 2033: 23.9 percent.
(26) Fiscal year 2034: 23.9 percent.
(27) Fiscal year 2035: 24.0 percent.
(28) Fiscal year 2036: 24.2 percent.
(29) Fiscal year 2037: 24.2 percent.
(30) Fiscal year 2038: 24.3 percent.
(31) Fiscal year 2039: 24.1 percent.
(32) Fiscal year 2040: 24.1 percent.
(33) Fiscal year 2041: 24.7 percent.
(34) Fiscal year 2042: 24.5 percent.
(35) Fiscal year 2043: 24.5 percent.
(36) Fiscal year 2044: 24.4 percent.
(37) Fiscal year 2045: 24.3 percent.
(38) Fiscal year 2046: 24.2 percent.
(39) Fiscal year 2047: 24.2 percent.
(40) Fiscal year 2048: 24.0 percent.
(41) Fiscal year 2049: 24.0 percent.
(42) Fiscal year 2050: 24.0 percent.
(43) Fiscal year 2051: 23.8 percent.
(44) Fiscal year 2052: 23.6 percent.
(45) Fiscal year 2053: 23.4 percent.
(46) Fiscal year 2054: 23.3 percent.
(47) Fiscal year 2055: 23.2 percent.
(48) Fiscal year 2056: 23.0 percent.
(49) Fiscal year 2057: 22.9 percent.
(50) Fiscal year 2058: 22.7 percent.
(51) Fiscal year 2059: 22.7 percent.
(52) Fiscal year 2060: 22.4 percent.
(53) Fiscal year 2061: 22.2 percent.
(54) Fiscal year 2062: 22.0 percent.
(55) Fiscal year 2063: 21.8 percent.
(56) Fiscal year 2064: 21.7 percent.
(57) Fiscal year 2065: 21.5 percent.
(58) Fiscal year 2066: 21.2 percent.
(59) Fiscal year 2067: 20.8 percent.
(60) Fiscal year 2068: 20.5 percent.
(61) Fiscal year 2069: 20.1 percent.
(62) Fiscal year 2070: 19.9 percent.
(63) Fiscal year 2071: 19.7 percent.
(64) Fiscal year 2072: 19.6 percent.
(65) Fiscal year 2073: 19.4 percent.
(66) Fiscal year 2074: 19.2 percent.
(67) Fiscal year 2075: 18.9 percent.
(68) Fiscal year 2076: 18.5 percent.
(69) Fiscal year 2077: 18.0 percent.
(70) Fiscal year 2078: 17.5 percent.
(71) Fiscal year 2079: 17.3 percent.
(72) Fiscal year 2080: 16.9 percent.
(73) Fiscal year 2081: 16.5 percent.
(74) Fiscal year 2082: 16.0 percent.
(75) Fiscal year 2083: 16.0 percent.
SEC. 711. EFFECTIVE DATE.
This title shall apply to fiscal year 2009 and subsequent fiscal
years. | Roadmap for America's Future Act of 2008 - Amends the Internal Revenue Code to allow a refundable tax credit for health insurance coverage.
Amends the Public Health Service Act to apply the laws of a health insurance issuer's primary state to individual health insurance coverage offered by the issuer in a secondary state.
Amends the Employee Retirement Income Security Act of 1974 to set forth rules governing association health plans.
Establishes the Health Care Services Commission to enhance health care services and access to them, and the Office of the Forum for Quality and Effectiveness in Health Care.
Terminates the Agency for Healthcare Research and Quality.
Independent Health Record Trust Act of 2008 - Directs the Federal Trade Commission to prescribe standards for independent health record trusts (IHRTs) in a nationwide health information technology network.
Revises title XIX (Medicaid) of the Social Security Act (SSA) to: (2) require states to elect either a block grant for acute care services or implement a refundable tax credit for the Medicaid population for such services; (2) phase-out disproportionate share hospital (DSH) payments; and (3) establish a block grant to states for long-term care services.
Abolishes SSA title XXI (State Children's Health Insurance Program) (SCHIP), effective January 1, 2010.
Amends SSA title XVIII (Medicare) to create a program for new beneficiaries beginning in 2019, increasing the Medicare eligibility age to 65, and making an income-related reduction in the part D (Voluntary Prescription Drug Benefit Program) premium subsidy.
Social Security Personal Savings Guarantee and Prosperity Act of 2008 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to establish a Personal Social Security Savings Program, under which participating individuals will have their Social Security contributions directed to personal Social Security savings accounts. Establishes a Self-Liquidating Social Security Transition Fund.
Amends the Internal Revenue Code to exempt certain account investments from taxation.
Provides for the creation of a Social Security Lockbox Budget.
Revises part A benefits.
Provides for phase-in of normal retirement age to 67 by 2021.
Taxpayer Choice Act of 2008 - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax on individual taxpayers after 2006; and (2) allow taxpayers to elect an alternative income tax system without tax credits.
Makes permanent the capital gains and dividends rate reductions enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2001.
Excludes from gross income net capital gains, qualified dividends, and interest.
Repeals estate and gift taxes.
Competitive American Business Tax - Amends the Internal Revenue Code to: (1) repeal the corporate income tax; and (2) impose a tax on the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States by a taxable person in a transaction engaged in by a corporation or any other person (other than a corporation) in connection with a business.
Allows as a credit against such tax any tax paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates.
Exempts certain organizations and transactions from such new tax.
Budget Control Act of 2008 - Establishes a mechanism for issuance by the President and the Office of Management and Budget (OMB) of spending reduction orders. Exempts Social Security benefits and obligated balances from such orders. Provides for suspension of such mechanism in the event of war or low-growth.
Authorizes the majority leader of either House of Congress to introduce a joint resolution to direct the President to modify a final spending reduction order or provide an alternative to eliminate the spending excess for a fiscal year.
Amends the Congressional Budget Act to make it out of order for the House or Senate to consider any legislation that would cause: (1) an excess spending amount; or (2) aggregate federal revenue levels exceeding a specified percentage of revenue relative to the Gross Domestic Product, unless so determined by a vote of at least three-fifths of the Members voting, a quorum being present. | {"src": "billsum_train", "title": "To provide for the reform of health care, the Social Security system, the tax code for individuals and business, and the budget process."} | 3,724 | 920 | 0.295064 | 0.863734 | 0.541689 | 1.438356 | 4.494396 | 0.656289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Assessment Technical
Corrections Act''.
SEC. 2. HIGHLY QUALIFIED TEACHERS.
(a) Extension of Deadline To Satisfy Requirements Relating to
Highly Qualified Teachers.--Section 1119(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6319(a)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``As part'' and inserting ``Except as provided
in paragraph (4), as part'';
(2) in paragraph (3), by striking ``As part'' and inserting
``Except as provided in paragraph (4), as part''; and
(3) by adding at the end the following new paragraph:
``(4) Exception for hard to staff areas.--In the case of a
teacher who is teaching in a geographic area that the State
educational agency or local educational agency, as appropriate,
has determined to be a hard to staff area, such State
educational agency or local educational agency--
``(A) shall ensure that such teacher--
``(i) not later than the end of the 2007-
2008 school year, has satisfied not less than
80 percent of the requirements to be highly
qualified; and
``(ii) not later than the end of the 2008-
2009 school year, is highly qualified; and
``(B) if the agency is not in compliance with
subparagraph (A) for a year, the agency may not use
funds received under title II of this Act for that year
except for the purpose of attaining compliance with
subparagraph (A).''.
(b) High Objective Uniform State Standard of Evaluation (HOUSSE).--
Section 9101(23)(C)(ii)(IV) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(23)(C)(ii)(IV)) is amended by inserting ``,
except as provided in paragraph (4) of section 1119(a),'' after ``is''.
SEC. 3. ADEQUATE YEARLY PROGRESS.
(a) Measurement Over More Than One Year.--Section 1111(b)(2)(I)(i)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(I)(i)) is amended by striking ``if the percentage of
students in that group'' and all that follows through ``; and'' and
inserting ``if--
``(I) the percentage of students in
that group who did not meet or exceed
the proficient level of academic
achievement on the State assessments
under paragraph (3) for that year
decreased by 10 percent of that
percentage from the preceding school
year and that group made progress on
one or more of the academic indicators
described in subparagraph (C)(vi) or
(vii); or
``(II) that group meets or exceeds
the proficient level of academic
achievement on the State assessments
under paragraph (3) in the immediately
preceding year; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect and apply beginning with the first academic year that
begins after the date of the enactment of this Act.
(c) Limited English Proficient Students and Children With
Disabilities.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Education shall submit to Congress a
report containing recommendations for increasing the percentage of
limited English proficient students (as defined in section 9101(25) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(25))
and children with disabilities (as defined in section 602(3) of the
Individuals with Disabilities Education Act (20 U.S.C. 1401(3)) who
meet or exceed the State's proficient level of academic achievement on
the State assessments under paragraph (3) of section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)).
(d) Individualized Education Program.--Section 1111(b)(2) of the
Elementary and Secondary Education Act of 1965 is amended by adding at
the end the following new subparagraph:
``(L) Students with disabilities.--In the case of a
student with a disability, a student may be tested at
the student's instructional level (as determined by the
student's individualized education program), rather
than grade level, provided that the assessments from
year to year test the student's knowledge of an
increasing breadth and level of difficulty to the
State's content standards. Academic assessment shall be
determined in accordance with the student's
individualized education program, and, with parental
approval, that assessment shall be applied in
determining adequate yearly progress for the school and
the district concerned. A student's individualized
education program may not allow testing at the same
instructional level year after year.''.
(e) Single Count of Students.--Section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965 is further amended by adding at the
end the following new subparagraph:
``(M) Single count of students.--In meeting the
definition of adequate yearly progress under
subparagraph (C), a State may allow students counted in
two or more groups described in subparagraph (C)(v)(II)
to be counted as an equal fraction of one for each such
group.''.
(f) Nuanced Sanctions.--Section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965 is further amended by adding at the end
the following new subparagraph:
``(N) Nuanced sanctions.--When a school is not
making adequate yearly progress by reason of a very
small group of students (4 or fewer), the sanctions
under subparagraph (A)(iii) shall provide, as a first
step, not that the school is designated `needs
improvement' but that the school redirect a portion of
its funds under this Act to address the particular
needs of that group, and must ensure that the group is
taught by a highly qualified teacher.''.
(g) Use of Growth Models.--
(1) In general.--During the 2007-2008 school year, the
Secretary of Education shall continue to study growth models
and to allow more States, as well as local educational
agencies, to use growth models to achieve adequate yearly
progress.
(2) Sense of congress.--It is the sense of Congress that
the growth models referred to in paragraph (1)--
(A) should enable schools to provide evidence that
students have demonstrated acceptable achievement for
purposes of State proficiency requirements; and
(B) should encourage innovative ideas for high
schools to demonstrate students are achieving academic
proficiency and attaining graduation. | Education Assessment Technical Corrections Act - Amends the Elementary and Secondary Act of 1965 to except teachers in hard to staff areas from the requirement that all teachers teaching in core academic subjects within a state be highly qualified not later than the end of the 2005-2006 school year. Requires teachers in hard to staff areas, instead, to satisfy at least 80% of the requirements to be highly qualified by the end of the 2007-2008 school year, and satisfy all of them by the end of the following school year. Requires states and local educational agencies (LEAs) whose teachers do not meet such requirements to use all of their funds under Title II of the Act to achieve compliance.
Revises requirements for assessments of student groups in measuring the adequate yearly progress (AYP) of the state, and of all public schools and LEAs in the state, toward enabling all public elementary school and secondary school students to meet the state's student academic achievement standards.
Provides that a student group which has failed to meet or exceed achievement standards may satisfy assessment requirements if it met such standards in the immediately preceding year.
Authorizes the testing of disabled students at their instructional level, rather than grade level, provided they show progress in accordance with individualized education programs.
Permits states to change the method of counting students who are in more than one group.
Revises the sanctions for schools which fail an assessment by reason of a group of no more than four students. Changes the sanction from designation as needing improvement to mandatory redirection of funds to the needs of such a group.
Requires the Secretary of Education to make recommendations to Congress for increasing the percentage of limited English proficient students and disabled students who meet or exceed state academic achievement standards.
Directs the Secretary, during the 2007-2008 school year, to continue to study growth models and allow more states and LEAs to use them to achieve AYP. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to clarify Federal requirements under that Act."} | 1,535 | 409 | 0.572865 | 1.632943 | 0.743694 | 2.027248 | 3.618529 | 0.833787 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Identification Friend or Foe equipment and accessories
are used by the Armed Forces to maintain the superior ability
of members of the Armed Forces to operate under the cover of
darkness and in inclement conditions, while providing for
identification of fellow members.
(2) Glo-patches and other Identification Friend or Foe
equipment and accessories are assigned a demilitarization code
of ``D'', which requires the total destruction of the property
and components by melting, cutting, tearing, scratching,
crushing, breaking, punching, or neutralizing, so as to
preclude restoration or repair to a usable condition.
(3) Under current regulations, Identification Friend or Foe
equipment and accessories may not be exported outside of the
United States without express permission by the Department of
Defense or the Department of State.
(4) However, between August and October of 2006, 4,800
surplus combat uniforms bearing glo-tape patches were
inadvertently sold despite a determination by the Department of
Defense in July 2006 that the patches had to be removed and
destroyed before the uniforms could be sold.
(5) Subsequent investigation in June 2007 determined that
Identification Friend or Foe equipment and accessories were
easily obtained at retailers in several areas of the United
States.
(6) On January 20, 2007, between nine and twelve Iraqi
insurgents successfully masqueraded as members of the United
States Armed Forces while dressed in United States military
combat fatigues, and were able to kill one soldier and abduct
four other soldiers, highlighting the dangers faced by members
of the Armed Forces when the enemy is able to disguise itself
as members of the United States Armed Forces.
SEC. 2. PROHIBITION ON SALE OR DONATION BY THE DEPARTMENT OF DEFENSE OF
IDENTIFICATION FRIEND OR FOE EQUIPMENT AND ACCESSORIES.
(a) Prohibition.--Chapter 153 of title 10, United States Code, is
amended by inserting after section 2572 the following new section:
``Sec. 2573. Prohibition on sale or donation of Identification Friend
or Foe equipment and accessories
``(a) Prohibition.--The Secretary of Defense may not authorize the
sale, resale, or donation of equipment or accessories of the Department
of Defense designated as Identification Friend or Foe equipment or
accessories.
``(b) Exceptions.--The prohibition contained in subsection (a) does
not apply to the following:
``(1) The sale of Identification Friend or Foe equipment or
accessories by the Department of Defense, including a
nonappropriated fund instrumentalities of the Department, to a
member of the armed forces possessing valid military
identification for the member's personal use.
``(2) The sale or donation of Identification Friend or Foe
equipment or accessories to a museum or similar organization
located in the United States that is involved in the
preservation of equipment of the armed forces for historical
purposes, except that no more than one item of each type of
Identification Friend or Foe equipment or accessories may be
sold or donated to any one such museum or organization.
``(3) Such other sale or donation as the Secretary of
Defense determines could not result in the Identification
Friend or Foe equipment or accessories being acquired by
enemies of the United States.
``(c) Notice of Prohibition of Sale of IFF Equipment or
Accessories.--The Secretary of Defense shall require the prohibition
specified in this section to be prominently and immediately displayed
on any media that provides for the private purchase of surplus military
equipment.
``(d) Identification Friend or Foe Equipment or Accessory
Defined.--In this section, the term ``Identification Friend or Foe
equipment or accessory'' means any system of infrared or reflective
components designed and manufactured at the request of, and to the
specifications of, the Department of Defense to be used for the
identification of a person as a member of the armed forces in poor
lighting conditions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2572 the following new item:
``2573. Prohibition on sale or donation of Identification Friend or Foe
equipment and accessories.''.
SEC. 3. PROHIBITION ON UNAUTHORIZED POSSESSION OF IDENTIFICATION FRIEND
OR FOE EQUIPMENT AND ACCESSORIES.
Section 701 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Agency
Badges, Identification Cards, or Other Insignia.--Whoever'';
and
(2) by adding at the end the following new subsection:
``(b) Military Identification Friend or Foe Equipment or
Accessories.--Whoever manufactures, sells, or possesses any
identification friend or foe equipment or accessories, or any colorable
imitation thereof, except as authorized under regulations made pursuant
to law, shall be fined under this title or imprisoned not more than six
months, or both. In this subsection, the term ``Identification Friend
or Foe equipment or accessory'' means any system of infrared or
reflective components designed and manufactured at the request of, and
to the specifications of, the Department of Defense to be used for the
identification of a person as a member of the armed forces in poor
lighting conditions.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this section shall take effect 30 days after
the date of the enactment of this Act. | Prohibits the sale or donation of Department of Defense designated as Identification Friend or Foe equipment or accessories, with specified exceptions. Subjects to civil or criminal penalties, or both, persons who manufacture, sell, or possess such items without authorization. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to prohibit the disposal by the Department of Defense of surplus military items designated as Identification Friend or Foe items, to amend title 18, United States Code, to make it a misdemeanor to possess or traffic in Identification Friend or Foe items, and for other purposes."} | 1,242 | 54 | 0.522123 | 1.415809 | 0.438224 | 2.695652 | 23.826087 | 0.695652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Savings Accounts Act of
2013''.
SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO DISASTER SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. DISASTER SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an eligible individual,
there shall be allowed as a deduction for the taxable year an amount
equal to the aggregate amount paid during such taxable year by or on
behalf of such individual to a disaster savings account of such
individual.
``(b) Limitation.--
``(1) In general.--The amount allowed as a deduction under
subsection (a) to an individual for the taxable year shall not
exceed $5,000.
``(2) Partial year of eligibility.--In the case of an
individual who is an eligible individual for only a portion of
the taxable year, the limitation under paragraph (1) shall be
the same proportion of $5,000 as such portion bears to the
entire taxable year.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual if--
``(1) such individual owned and used any residence in the
United States at any time during the taxable year, and
``(2) while so owned and used, such residence was insured
under a policy of a type normally required by a lender holding
a mortgage on the residence.
``(d) Disaster Savings Account.--For purposes of this section--
``(1) In general.--The term `disaster savings account'
means a trust created or organized in the United States as a
disaster savings account exclusively for the purpose of paying
the disaster mitigation expenses of the account beneficiary,
but only if the written governing instrument creating the trust
meets the following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (f)(5), no contribution will be
accepted--
``(i) unless it is in cash, or
``(ii) to the extent such contribution,
when added to previous contributions to the
trust for the calendar year, exceeds the dollar
limitation in effect under subsection (b).
``(B) The trustee is a bank (as defined in section
408(n)), an insurance company (as defined in section
816), or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Disaster mitigation expenses.--The term `disaster
mitigation expenses' means expenses for any of the following
with respect to the residence referred to in subsection (c):
``(A) Safe rooms.
``(B) Opening protection, including impact and wind
resistant windows, exterior doors, and garage doors.
``(C) Reinforcement of roof-to-wall and floor-to-
wall connections for wind or seismic activity.
``(D) Roof covering for impact, fire, or high wind
resistance.
``(E) Cripple and shear walls to resist seismic
activity.
``(F) Flood resistant building materials.
``(G) Elevating structures and utilities above base
flood elevation.
``(H) Fire resistant exterior wall assemblies/
systems.
``(I) Lightning protection systems.
``(J) Whole home standby generators.
``(K) Any activity specified by the Secretary as
appropriate to mitigate the risks of future hazards
(including earthquake, flood, hail, hurricane,
lightning, power outage, tornado and wildfire) and
other natural disasters.
``(3) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the disaster savings
account was established.
``(e) Treatment of Account.--
``(1) In general.--A disaster savings account is exempt
from taxation under this subtitle unless such account has
ceased to be a disaster savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc., organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
disaster savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay disaster mitigation expenses.
``(f) Tax Treatment of Distributions.--
``(1) Amounts used for disaster mitigation expenses.--Any
amount paid or distributed out of a disaster savings account
which is used exclusively to pay disaster mitigation expenses
of any account beneficiary shall not be includible in gross
income.
``(2) Inclusion of amounts not used for disaster mitigation
expenses.--Any amount paid or distributed out of a disaster
savings account which is not used exclusively to pay the
disaster mitigation expenses of the account beneficiary shall
be included in the gross income of such beneficiary.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any disaster savings
account of an individual, paragraph (2) shall not apply
to distributions from the disaster savings accounts of
such individual (to the extent such distributions do
not exceed the aggregate excess contributions to all
such accounts of such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (5)) which is not deductible
under this section.
``(4) Additional tax on distributions not used for disaster
mitigation expenses.--
``(A) In general.--The tax imposed by this chapter
on the account beneficiary for any taxable year in
which there is a payment or distribution from a
disaster savings account of such beneficiary which is
includible in gross income under paragraph (2) shall be
increased by 20 percent of the amount which is so
includible.
``(B) Exception for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account beneficiary
becomes disabled within the meaning of section 72(m)(7)
or dies.
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (2) shall not apply to
any amount paid or distributed from a disaster savings
account to the account beneficiary to the extent the
amount received is paid into a disaster savings account
for the benefit of such beneficiary not later than the
60th day after the day on which the beneficiary
receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a disaster savings account if, at
any time during the 1-year period ending on the day of
such receipt, such individual received any other amount
described in subparagraph (A) from a disaster savings
account which was not includible in the individual's
gross income because of the application of this
paragraph.
``(g) Cost-of-Living Adjustment.--
``(1) In general.--The $5,000 amount in subsection (b)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2012' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any increase under paragraph (1) is not
a multiple of $50, such increase shall be rounded to the
nearest multiple of $50.
``(h) Special Rules.--
``(1) Denial of deduction to dependents.--No deduction
shall be allowed under this section to any individual with
respect to whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins.
``(2) Taxable year must be full taxable year.--Except in
the case of a taxable year closed by reason of the death of the
taxpayer, no deduction shall be allowed under this section in
the case of a taxable year covering a period of less than 12
months.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Section 219(f)(5) (relating to employer
payments).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(F) Section 224(f)(7) (relating to transfer of
account incident to divorce).
``(G) Section 224(f)(8) (relating to treatment
after death of account beneficiary).
``(i) Reports.--The Secretary may require the trustee of a disaster
savings account to make such reports regarding such account to the
Secretary and to the account beneficiary with respect to contributions,
distributions, the return of excess contributions, and such other
matters as the Secretary determines appropriate.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Disaster savings accounts.--The deduction allowed by
section 224.''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by striking ``or'' at the end of subsection (a)(4), by
inserting ``or'' at the end of subsection (a)(5), and by
inserting after subsection (a)(5) the following new paragraph:
``(6) a disaster savings account (within the meaning of
section 224(d)),'', and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Disaster Savings Accounts.--For
purposes of this section, in the case of disaster savings accounts
(within the meaning of section 224(d)), the term `excess contributions'
means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than a rollover contribution described
in section 224(f)(5)) which is not allowable as a deduction
under section 224 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts which
were included in gross income under section 224(f)(2),
and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b) for the taxable
year, over
``(ii) the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which
is distributed out of the disaster savings account in a
distribution to which section 224(f)(3) applies shall
be treated as an amount not contributed.''.
(d) Failure To Provide Reports on Disaster Savings Accounts.--
Paragraph (2) of section 6693(a) of such Code (relating to reports) is
amended by redesignating subparagraphs (D) and (E) as subparagraphs (E)
and (F), respectively, and by inserting after subparagraph (C) the
following new subparagraph:
``(D) section 224(i) (relating to disaster savings
accounts),''.
(e) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following:
``Sec. 224. Disaster savings accounts.''
``Sec. 225. Cross reference.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Disaster Savings Accounts Act of 2013 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for equipment and materials for mitigating the effects of a natural disaster, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, and (3) set forth tax rules for account distributions and failure to report on disaster savings accounts. | {"src": "billsum_train", "title": "Disaster Savings Accounts Act of 2013"} | 3,039 | 113 | 0.545427 | 1.337597 | 0.540472 | 1.762376 | 27.742574 | 0.851485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Childhood Family Education
Pilot Project Act''.
SEC. 2. PURPOSE.
The purpose of this Act is--
(1) to strengthen families by helping all parents provide
the best possible environment for the healthy growth and
development of their young children who are between the ages of
0 and 5 years; and
(2) to support parents in their role as their child's first
and most important teacher by enabling the parents'
participation in the early learning process through integrating
early childhood education, parent education, and joint parent-
child interaction activities in a comprehensive program.
SEC. 3. DEFINITIONS.
(a) In General.--The terms used in this Act have the meanings given
the terms in section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
(b) Local Agency.--In this Act, the term ``local agency'' means--
(1) a local educational agency;
(2) a school that administers early childhood education
programs;
(3) an agency administering a Head Start, Early Head Start,
or Even Start program; and
(4) an agency administering any other Federal, State, or
local government child care or early childhood education
program within a local school district.
SEC. 4. PROGRAM AUTHORIZED.
The Secretary is authorized to award grants from amounts made
available under section 11 to States having applications approved under
section 5 to enable such States to award subgrants in accordance with
the requirements of section 6.
SEC. 5. APPLICATIONS.
(a) In General.--Each State desiring a grant under this Act shall
submit an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may reasonably
require.
(b) Contents.--Each application submitted under subsection (a)
shall include the following:
(1) A description of how the State, through a local agency,
will achieve the following goals:
(A) Helping parents support their children's
optimal physical, intellectual, social, and emotional
development during the first 5 years of life.
(B) Increasing parent involvement in children's
learning, development, and education.
(C) Enhancing effective communication and healthy
parent-child-family relationships.
(D) Encouraging the development and effective use
of community resources for families.
(E) Preventing child abuse, family violence, and
other negative family outcomes.
(F) Making educational materials available for home
use.
(G) Coordinating activities under this Act with
parent involvement and education under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.).
(2) A description of how the State will target funds to the
highest need areas with need being determined from the levels
of access to high quality early childhood education
opportunities and numbers of children living in poverty
relative to the population of the area.
(3) An assurance that within the criteria described in
paragraph (2) the State will award subgrants equitably among
the geographic regions of the State.
(c) Peer Review.--The Secretary shall use a peer review process in
reviewing applications submitted under subsection (a) for the purpose
of selecting States to receive grants under this Act. Applications
shall be peer reviewed by a panel of experts in early childhood and
family education.
SEC. 6. STATE USE OF FUNDS.
(a) Subgrants.--A State that receives a grant under this Act for a
fiscal year shall use the grants funds to award subgrants to local
agencies to enable such local agencies to establish or enhance early
childhood family education programs involving children between 0 and 5
years of age and their parents.
(b) Administration.--A State may use not more than 5 percent of the
amount received under this Act for any fiscal year to pay for
administrative costs.
(c) Waiver of Age Requirement.--If a State administers a program
that provides early childhood family education in all school districts
or areas in the State that desire to participate in the program under
this Act, and families in those school districts or areas are provided
universal access to early childhood family education programs, then the
State may use funds provided under this Act to award subgrants to local
agencies for activities authorized under this Act that serve children
who are not older than 8.
SEC. 7. LOCAL USE OF FUNDS.
(a) In General.--Each local agency receiving a subgrant under this
Act shall use subgrant funds to develop and carry out a program to
establish or enhance early childhood family education programs.
(b) Consultation.--Each local agency receiving a subgrant under
this Act shall develop the program described in subsection (a) in
consultation with, and shall provide for ongoing advice from, other
Federal, State or local government sponsored early childhood education
programs in the local area, including child care, Head Start, Early
Head Start, and Even Start programs.
(c) Requirements.--Each program carried out by a local agency under
this section shall comply with the following requirements:
(1) Universal access.--The program shall be open to every
family who lives within the boundaries of the school district
served by the local agency, including every such family with a
young child having special developmental or health needs.
(2) Setting.--The program shall be center-based or school-
based and shall provide instruction to parents and children
together or in concurrent settings.
(3) Activities.--The program shall include--
(A) early childhood education activities to enhance
children's intellectual, social, emotional, and
physical development;
(B) parent education activities to enhance the
skills of parents to provide for and understand their
children's learning processes and intellectual, social,
emotional, and physical development;
(C) activities that include parent-child
interaction;
(D) activities designed to detect children's
physical, intellectual, emotional, or behavioral
problems that may cause learning problems;
(E) coordination with and referral to related
community resources;
(F) coordination with local elementary schools,
including activities such as joint professional
development and training in early childhood
development, appropriate practices, and kindergarten
and first grade standards and curricula to help
teachers, early childhood educators, and parents
prepare children for school;
(G) training for teachers, early childhood
educators, and parents in identifying and preventing
child abuse and neglect; and
(H) other programs or activities to improve the
health, development, and school readiness of children.
(4) Staff.--Each teacher in the program shall meet the
applicable State requirements for State-funded pre-kindergarten
programs or parent education programs, as applicable.
(d) Restrictions.--Local agencies receiving subgrant funds under
this section may not use such funds for--
(1) parental involvement activities, such as newsletter
related activities, parent-teacher conferences, or other parent
outreach activities, except for the use of such parental
involvement activities to support the activities described in
subsection (c); or
(2) routine child care or early childhood education
services, as contrasted to supplemental activities that serve
parents and children together or in concurrent settings.
(e) Advisory Council.--
(1) In general.--Each local agency receiving a subgrant
under this Act, in consultation with the local educational
agency or local governing board, as appropriate, serving the
local agency shall appoint an advisory council from individuals
residing in the school district in which the program funded by
the subgrant is to be provided.
(2) Members.--A majority of the members of the advisory
council shall be parents who are participating in the program.
(3) Duties.--The advisory council shall assist the local
educational agency or local governing board, as appropriate, in
developing, planning, and monitoring the program assisted under
this section.
(4) Report.--In carrying out the advisory council's duties,
the council shall report to the local educational agency or
local governing board, as appropriate, serving the local agency
administering the program assisted under this section.
SEC. 8. EVALUATION.
(a) In general.--Each State receiving a grant under this Act shall
prepare and submit to the Secretary an annual evaluation of the
effectiveness of the programs carried out within such State using grant
funds received under this Act.
(b) Submission to Congress.--The Secretary shall submit the results
of the evaluations prepared under subsection (a) to Congress.
SEC. 9. SUPPLEMENT AND NOT SUPPLANT.
Grant and subgrant funds provided under this Act shall supplement,
and not supplant, other Federal, State, and local funds that are
available for early childhood family education programs. States
receiving grant funds and local agencies receiving subgrant funds under
this Act may provide additional funds, other than those received under
this Act, to enhance the early childhood family education programs that
are supported by such grant or subgrant funds.
SEC. 10. VOLUNTARY PARTICIPATION.
Family participation in any program funded under this Act shall be
voluntary and shall not preclude participation in other Federal, State,
or local programs.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
200,000,000 for fiscal year 2002 and for each of the 4 succeeding
fiscal years. | Early Childhood Family Education Pilot Project Act - Authorizes the Secretary of Education to make grants to applicant States to award subgrants to local agencies to establish or enhance early childhood family education programs involving children between zero and five years of age and their parents. | {"src": "billsum_train", "title": "A bill to help establish and enhance early childhood family education programs, and for other purposes."} | 1,992 | 55 | 0.535108 | 1.329486 | 0.903637 | 4.042553 | 40.531915 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal and Small Business Telework
Promotion Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Federal, State, and local governments spend billions of
dollars annually on the Nation's transportation needs;
(2) congestion on the Nation's roads costs over
$63,000,000,000 annually in lost work time, fuel consumption,
and costs of infrastructure and equipment repair;
(3) on average, on-road vehicles contribute 34 percent of
nitrogen oxides emissions;
(4) it is estimated that staying at home to work requires 3
times less energy consumption than commuting to work;
(5) in 2000, it was reported that if an identified 10 to 20
percent of commuters switched to teleworking, 1,800,000 tons of
regulated pollutants would be eliminated, 3,500,000,000 gallons
of gas would be saved, 3,100,000,000 hours of personal time
would be freed up, and maintenance and infrastructure costs
would decrease by $500,000,000 annually because of reduced
congestion and reduced vehicle miles traveled;
(6) the average American daily commute is 49 minutes for a
24-mile round trip (a total of 100 hours per year);
(7) the increase in work from 1969 to 1996, the increase in
hours mothers spend in paid work, combined with a shift toward
single-parent families resulted in families on average
experiencing a decrease of 22 hours a week (14 percent) in
parental time available outside of paid work they could spend
with their children;
(8) today 60 percent of the workforce is involved in
information work (an increase of 43 percent since 1990)
allowing and encouraging decentralization of paid work to
occur;
(9) telework reduces the volume of peak commuter traffic,
thereby reducing traffic congestion and air pollution;
(10) the Nation's communities can benefit from telework,
which gives workers more time to spend at home with their
families;
(11) it is in the national interest to raise awareness
within the small business community of telework options for
employees;
(12) the small business community can benefit from offering
telework options to employees because such options make it
easier for small employers to retain valued employees and
employees with irreplaceable institutional memory;
(13) companies with telework programs have found that
telework can boost employee productivity 5 percent to 20
percent, thereby saving businesses valuable resources and time;
(14) individuals with disabilities, including disabled
American veterans, who own or are employed by small businesses
could benefit from telework to their workplaces;
(15) telework has the potential to provide more employment
opportunities in rural communities;
(16) estimates indicate that about 40,000,000 Americans are
currently teleworking;
(17) teleworking is seen as a valuable tool in worker
productivity and is of interest to the Federal workforce; and
(18) the Government Accountability Office notes that
140,694 employees teleworked, representing a 37 percent
increase from 2003, a growth that demonstrates a steady
escalation over time as the overall number of teleworkers in
the Federal Government has grown since 2001 with 72,844
teleworkers, in 2002 with 90,010 teleworkers, and in 2003 with
102,921 teleworkers.
SEC. 3. REDUCTION OF EMPLOYEE VEHICLE FUEL CONSUMPTION BY FEDERAL
AGENCIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(f) Reduction of Employee Vehicle Fuel Consumption by Federal
Agencies.--
``(1) In general.--Each agency shall take such actions as
are necessary to reduce the level of fuel consumed by vehicles
of employees of the agency (other than fuel used for military
purposes), in connection with the employment of the employees,
by (to the maximum extent practicable) 10 percent or more
during the 1-year period beginning on the date of enactment of
this subsection.
``(2) Methods.--An agency may use such methods as the
agency determines are appropriate to achieve the target
established by paragraph (1), including--
``(A) telework;
``(B) carpooling;
``(C) bicycling and walking to work;
``(D) fuel-efficient trip planning;
``(E) public transportation use; and
``(F) limiting travel days for vehicle travel
outside the office.''.
SEC. 4. SMALL BUSINESS TELEWORK PILOT PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration shall carry out, in not more than 5 of the Small
Business Administration's regions, a pilot program under this section
to raise awareness about telework among small business employers and to
encourage such employers to offer telework options to employees.
(b) Special Outreach to Individuals With Disabilities.--In carrying
out the pilot program, the Administrator shall make special efforts to
conduct outreach to--
(1) businesses owned by or employing individuals with
disabilities, and disabled American veterans in particular;
(2) Federal, State, and local agencies having knowledge and
expertise in assisting individuals with disabilities or
disabled American veterans; and
(3) any group or organization, the primary purpose of which
is to aid individuals with disabilities or disabled American
veterans.
(c) Permissible Activities.--In carrying out the pilot program, the
Administrator may only--
(1) produce educational materials and conduct presentations
designed to raise awareness in the small business community of
the benefits and the ease of telework;
(2) conduct outreach--
(A) to small business concerns that are considering
offering telework options; and
(B) as provided in subsection (b); and
(3) acquire telework technologies and equipment to be used
for demonstration purposes.
(d) Selection of Regions.--In determining which regions will
participate in the pilot program, the Administrator shall give priority
consideration to regions in which Federal agencies and private-sector
employers have demonstrated a strong regional commitment to telework.
(e) Report to Congress.--Not later than 2 years after the first
date on which funds are appropriated to carry out this section, the
Administrator shall transmit to the Committee on Small Business of the
House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report containing the results of an
evaluation of the pilot program and any recommendations as to whether
the pilot program, with or without modification, should be extended to
include the participation of all Small Business Administration regions.
(f) Definitions.--In this section--
(1) the term ``disability'' has the same meaning as in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102); and
(2) the term ``telework'' means the performance of any
portion of work functions by an employee outside the normal
place of business under circumstances which reduce or eliminate
the need to commute.
(g) Termination.--The authority to carry out the pilot program
under this section shall terminate 2 years after the first date on
which funds are appropriated to carry out this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Small Business Administration $5,000,000 to carry
out this section. | Federal and Small Business Telework Promotion Act - Amends the National Energy Conservation Policy Act to require each federal agency to take necessary actions to reduce the level of fuel consumed by vehicles of employees of such agency (other than fuel for military purposes) by ten percent or more during the one-year period following enactment of this section. Outlines methods to achieve such reduction, including telework and carpooling.
Directs the Administrator of the Small Business Administration (SBA) to conduct, in not more than five of the SBA's regions, a pilot program to raise awareness about telework among small business employers and to encourage such employers to offer telework options to employees. Requires the Administrator to make special efforts to conduct outreach to businesses owned by or employing individuals with disabilities, including disabled American veterans, and agencies, groups, or organizations that aid such individuals. Terminates such program after two years. | {"src": "billsum_train", "title": "To direct the Administrator of the Small Business Administration to conduct a pilot program to raise awareness about telework among small business employers, and to encourage such employers to offer telework options to employees, and for other purposes."} | 1,561 | 196 | 0.4569 | 1.537163 | 0.725093 | 4.029586 | 8.686391 | 0.91716 |
That this Act may be
cited as the ``Small Business Administration Amendments of 1994''.
TITLE I
Sec. 101. Section 7(m)(1)(B) of the Small Business Act is amended
by adding the words ``, a lender or alliance of lenders'' after the
word ``Administration'', and by adding after the word
``intermediaries'' in clause (i) thereof the following phrase ``:
Provided, however, That the Administration may make in its sole
discretion up to 100 percent deferred participation loans to ten
intermediaries which will be located in urban areas and ten
intermediaries which will be located in rural areas,''.
Sec. 102. Section 7(m)(7) of the Small Business Act is amended by
deleting the number ``50'' from subparagraph (B) thereof, and replacing
it with the number ``140'', and by deleting the period at the end
thereof and adding the phrase : ``Provided, That no more than 200 total
microloan programs may be funded'', and by deleting subparagraph (C)
thereof and inserting in lieu thereof: ``(C) In no case shall a State
receive more than $5,000,000 to fund all microloan programs conducted
in that State.''.
Sec. 103. Section 7(m)(3)(C) of the Small Business Act is amended
by replacing the number ``$1,250,000'' with the number ``$1,750,000''.
Sec. 104. Section 7(m)(3)(F) of the Small Business Act is amended
by adding after the phrase ``10 years'' in clause (i) the following:
``with the first 5 years of any deferred participation loan being a
revolving line of credit on which only monthly payments of interest
will be required and the balance amortized over the second 5 year
period, with equal monthly payments of principal and interest''; and by
revising clause (ii) to read as follows: ``(ii) Applicable interest
rates.--Exception as provided in clause (iii), loans made by the
Administration under this subsection to an intermediary shall bear an
interest rate equal to the rate of interest on comparable 5 year
obligations of the United States Treasury.
TITLE II
Sec. 201. Section 7(a)(2)(B)(iv) of the Small Business Act is
amended to read as follows:
``. . . (iv) not more than 90 percent of the financing
outstanding at the time of disbursement if such financing is an
extension or a revolving line of credit made under paragraph
(14) and not less than 90 percent of the financing outstanding
at the time of disbursement if such financing is a loan under
paragraph (16).''.
Sec. 202. Section 7(a)(14) of the Small Business Act is amended to
read as follows:
``(14) (A) The Administration under this subsection may
provide extensions, specifically including guarantees of
standby letters of credit and revolving lines of credit for
export purposes, and financing to enable small business
concerns, including small business export trading companies and
small business export management companies, to develop foreign
markets. A bank or participating lending institution may
establish such rate of interest on extensions, revolving lines
of credit and financing made under this paragraph as may be
legal and reasonable.''.
Sec. 203. Section 7(a)(3)(B) of the Small Business Act is amended
to read as follows:
``. . . if the total amount outstanding and committed (on a
deferred basis) solely for the purposes provided in paragraph
(16) to the borrower from the Business Guaranteed Loan
Financing Account established by this Act would exceed
$1,000,000 such amount to be in addition to any financing
solely for working capital, supplies, or revolving lines of
credit for export purposes up to a maximum of $750,000:
Provided, however, That in no event may the aggregate amount
outstanding and committed by the Administration under this
subsection exceed $1,250,000 . . .''.
TITLE III
Sec. 301. Sections 8(b)(2), (3) and (4) of the Small Business Act
are amended by inserting the words ``and other'' after the word
``small'' wherever it appears.
TITLE IV
Sec. 401. Section 28(2)(g) of the Small Business Act is deleted and
in its place the following is substituted:
``(g) There is established within the Administration an
Office of Women's Business Ownership which shall be responsible
for the administration under the supervision by the
Administration of all authority conferred by this section. Such
office shall be headed by a director who shall be appointed by
the Administrator.''.
TITLE V
Sec. 501. Section 8(b)(1)(A) of the Small Business Act is amended
by adding at the end thereof the following sentence: ``Notwithstanding
any other provision of law, the authority provided by this subparagraph
shall remain available until expressly repealed.''.
Sec. 502. Section 411(a)(3) of the Small Business Investment Act of
1958 is amended by adding the following sentence at the end thereof:
``Notwithstanding any other provision of law, the authority granted by
this paragraph shall remain available until expressly repealed.''.
Sec. 503. Section 5(b)(8) of the Small Business Act is amended by
deleting the words ``not in excess of six months''.
Sec. 504. The second sentence of section 732 of Public Law 100-656
is repealed.
Sec. 505. Section 4(c) of the Small Business Act is amended to read
as follows:
``(c) (1) There is hereby established in the Treasury one Loan
Liquidation Fund. All repayment of loans and debentures, payments of
interest, and other receipts arising out of transactions entered into
by the Administration pursuant to sections 5(e), 5(g), 7(a), 7(b),
7(c)(2), 7(e), 7(h), 7(l), 7(m), and 8(a) of this Act, and titles III,
IV, and V of the Small Business Investment Act of 1958, prior to
October 1, 1991, shall be paid into such Loan Fund Liquidating Account.
Balances existing in those revolving funds, as in effect immediately
prior to the effective date of this paragraph, shall be transferred
into such Loan Liquidation Fund. This Loan Liquidation Fund shall have
available, without fiscal year limitation, such funds as are necessary
to finance its operational needs.
(2) The Administration shall submit to the Committees on Small
Business and Appropriations of the Senate and the House of
Representatives, as soon as possible after the beginning of each fiscal
year, a full and complete report on the status of the Loan Liquidation
Fund established pursuant to paragraph (1).''.
Sec. 506. Section 4(c)(5)(B)(ii) of the Small Business Act is
amended to read as follows:
``(ii) The Administration shall pay into the miscellaneous
receipts of the Treasury following the close of each fiscal
year, the actual interest it collects during that fiscal year
on all financings made under the authority of this Act.''.
Sec. 507. Section 3(a)(2) of the Small Business Act is amended to
read as follows:
``. . . (2) In addition to the criteria specified in
paragraph (1), the Administrator may specify detailed
definitions or standards for example, by number of employees or
dollar volume of business, by which a business concern is to be
recognized as a small business concern for the purposes of this
Act or any other Act. Unless specifically authorized by
statute, the Secretary of a department or the head of a Federal
agency, other than the Administrator of the Small Business
Administration, may not prescribe for the use of such
department or agency a size standard for categorizing a
business concern as a small business concern, unless such
proposed size standard--
``(A) is being proposed after an opportunity for
public notice and comment;
``(B) provides for determining, over a period of
not less than 3 years--
``(i) the size of a manufacturing concern
as measured by its average employment based
upon employment during each of the concern's
pay periods for the preceding completed twelve
calendar months; or
``(ii) the size of a concern providing
services on basis of the annual average gross
receipts of the concern over a period of not
less than 3 years; and
``(C) is approved by the Administrator.
``(3) When establishing or approving any size standard
pursuant to paragraph (2), the Administrator shall consider
variations in economic activity from industry to industry
unless the Administrator determines that size standards should
not vary in order to meet program needs.''.
Sec. 508. Section 5(b) of the Small Business Act is amended by
deleting the word ``and'' at the end of paragraph (10) thereof, by
removing the ``.'' at the end of paragraph (11) thereof and replacing
it with ``, and'' and (b) adding a new paragraph (12) which reads as
follows:
``. . . (12) to impose reasonable fees to be charged in
connection with applications for assistance, and the provision
of assistance under this Act and the Small Business Investment
Act of 1958 and to retain such fees to offset the costs of
administration of such assistance.''.
Sec. 509. Section 8(b) of the Small Business Act is amended by
deleting the word ``and'' at the end of paragraph (15), by striking the
period at the end of paragraph 8(b)(16) and replacing it with ``;
and'', and by adding a new paragraph 8(b)(17) which reads as follows:
``. . . (17) to charge and collect such fees as may be
necessary to cover all costs associated with the production and
dissemination of compilations of information produced by the
Administration under the authority of the Small Business Act
and the Small Business Investment Act of 1958, and to retain
such fees and utilize such fees to offset the costs of
production and dissemination of such compilations of
information.''.
TITLE VI
Sec. 601. Sections 20(k) through 20(p) of the Small Business Act
are repealed and the following is substituted in their place:
``(k) The following program levels are authorized for fiscal year
1995:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $13,910,000,000 in
deferred participation loans and other financings; and of such
sum, the Administration is authorized to make $11,500,000,000
in general business loans as provided in section 7(a),
$110,000,000 in loans as provided in section 7(m), and
$2,300,000,000 in financings as provided in section 7(a)(13)
and section 504 of the Small Business Investment Act of 1958.
``(2) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make $23,000,000 in purchases of preferred stock,
$275,000,000 in guarantees of debentures of which $65,000,000
is authorized for guarantees of debentures of companies
operating pursuant to section 301(d) of such Act, and
$550,000,000 in guarantees of participating securities.
``(3) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000.
``(l) There are authorized to be appropriated to the Administration
for fiscal year 1995 such sums as may be necessary to carry out
subsection (k), including salaries and expenses of the Administration.
``(m) The following program levels are authorized for fiscal year
1996:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $17,475,000,000 in
deferred participation loans and other financings; and of such
sum, the Administration is authorized to make $13,500,000,000
in general business loans as provided in section 7(a),
$175,000,000 in loans as provided in section 7(m), and
$3,800,000,000 in financings as provided in section 7(a)(13)
and section 504 of the Small Business Investment Act of 1958.
``(2) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make $24,000,000 in purchases of preferred stock,
$320,000,000 in guarantees of debentures of which $70,000,000
is authorized for guarantees of debentures of companies
operating pursuant to section 301(d) of such Act, and
$1,100,000,000 in guarantees of participating securities.
``(3) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000.
``(n) There are authorized to be appropriated to the Administration
for fiscal year 1996, such sums as may be necessary to carry out
subsection (m), including salaries and expenses of the Administration.
``(o) The following program levels are authorized for fiscal year
1997:
``(1) For the programs authorized by this Act, the
Administration is authorized to make $21,450,000,000 in
deferred participation loans and other financings; and of such
sum, the Administration is authorized to make $15,500,000,000
in general business loans as provided in section 7(a),
$250,000,000 in loans as provided in section 7(m), and
$5,700,000,000 in financings as provided in section 7(a)(13)
and section 504 of the Small Business Investment Act of 1958.
``(2) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make $25,000,000 in purchases of deferred stock,
$385,000,000 in guarantees of debentures of which $75,500,000
is authorized for guarantees of debentures of companies
operating pursuant to section 301(d) of such Act, and
$1,700,000,000 in guarantees of participating securities.
``(3) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000.
``(p) There are authorized to be appropriated to the Administration
for fiscal year 1997, such sums as may be necessary to carry out
subsection (o), including salaries and expenses of the
Administration.''. | Small Business Administration Amendments of 1994 -
Title I:
Amends the Small Business Act (the Act) to: (1) allow the Administrator of the Small Business Administration (SBA), under the microloan demonstration program, to make up to 100 percent deferred participation loans to ten small business intermediaries located in urban areas and ten intermediaries located in rural areas; (2) revise the authorized number of microloan programs for fiscal years after 1992; (3) increase from $1.5 to $5 million the annual microloan limits to a State; (4) increase from $1.25 to $1.75 million the total outstanding loan limit authorized for each intermediary; and (5) revise microloan repayment requirements.
Title II:
Revises provisions concerning the participatory amount of the SBA in small business loans provided on a deferred basis. Increases from $250,000 to $750,000 the authorized outstanding loan amounts for small businesses engaged in or adversely affected by international trade.
Title III:
Allows the SBA Administrator to inventory the productive facilities and capacities of business (currently, only small businesses) as part of a business loan process.
Title IV:
Establishes within the SBA an Office of Women's Business Ownership to administer the women's demonstration projects (projects providing financial assistance to businesses owned and controlled by women) created under the Act.
Title V:
Amends the Act and the Small Business Investment Act to provide that the authority of the SBA to make loans under such Acts shall remain available until expressly repealed.
(Sec. 503) Removes a six-month limitation on the payment of transportation expenses of SBA employees in connection with any disaster loan assistance.
(Sec. 505) Establishes in the Treasury one Loan Liquidation Fund, replacing various revolving funds, a disaster loan fund, and a business and investment loan fund under the Act. Provides for repayment of all such loans to the Fund. Requires a report from the SBA Administrator to specified congressional committees concerning Fund activities.
(Sec. 507) Authorizes the SBA Administrator to specify detailed definitions or standards by which a business shall be recognized as a small business for purposes of the Act, with certain requirements such as an opportunity for public hearing.
(Sec. 508) Empowers the SBA Administrator to impose reasonable fees in connection with assistance provided and information compiled and disseminated under the Act and the Small Business Investment Act.
Title VI:
Authorizes specified program funding levels for FY 1995 through 1997 for loans and other programs, as well as salaries and expenses, as provided or required under the Act and the Small Business Investment Act. | {"src": "billsum_train", "title": "Small Business Administration Amendments of 1994"} | 3,132 | 581 | 0.626478 | 2.171057 | 0.66794 | 2.055336 | 5.810277 | 0.822134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Cost Reduction Act of 1999''.
SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS.
Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C.
1692a(2)) is amended by adding at the end the following new sentence:
``Such term does not include actions taken pursuant to the Federal
Rules of Civil Procedure; in the case of a proceeding in a State court,
the rules of civil procedure available under the laws of such State; or
a nonjudicial foreclosure.''.
SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692(g)) is amended by adding at the end the following new subsection:
``(d) Continuation During Period.--Collection activities and
communications may continue during the 30-day period described in
subsection (a) unless the consumer requests the cessation of such
activities.''.
SEC. 4. LIABILITY FOR NONCOMPLIANCE.
(a) Clarification of Limitation on Class Action Awards.--Section
813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)(2)(B)) is amended--
(1) by inserting ``or any series of class actions arising
out of the same violations by the same debt collector'' after
``case of a class action''; and
(2) by inserting ``of such class action or series of class
actions'' after ``all other class members''.
(b) Attorneys Fees To Enforce Civil Liability.--Paragraph (3) of
section 813(a) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)) is amended to read as follows:
``(3) subject to subsection (f), in the case of a
successful action to enforce a liability under paragraph (1) or
(2), the costs of the action, including reasonable attorney's
fees, as determined by the court, in an amount not to exceed
the amount awarded in such action under the applicable
paragraph.''.
(c) Rules Applicable to Certain Actions.--Section 813 of the Fair
Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at
the end the following new subsection:
``(f) Rules Applicable to Actions Under This Title.--
Notwithstanding any other provision of law, in any action arising under
this title, for purposes of Rule 68 of the Federal Rules of Civil
Procedure, the following provisions shall apply:
``(1) Plaintiff's attorney's fees.--Costs shall include
reasonable fees for the plaintiff's attorney.
``(2) Disallowance of certain fees accruing after refusal
of settlement offer.--In accordance with Rule 68 of the Federal
Rules of Civil Procedure, if--
``(A) an offer is made by the debt collector to a
consumer bringing an action (including any class action
or series of class actions referred to in subsection
(a)(2)(B)) under this title, and the offer is not
accepted; and
``(B) the amount of the final judgment awarded to
the consumer (or, in the case of a class action or
series of class actions, the total amount awarded to
all class members in such class action or series of
class actions) is less than or equal to the amount of
the offer referred to in subparagraph (A),
the consumer (or the class with regard to a class action or
series of class actions) may not be awarded or otherwise
recover costs for attorney's fees incurred after the date such
offer is rejected.''.
(d) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended--
(1) in the portion of such subsection which precedes
paragraph (1), by striking ``liability in any action'' and
inserting ``any award''; and
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) in any action under subsection (a)(2)(A), the frequency and
persistence of noncompliance by the debt collector, the nature of such
noncompliance, the extent to which the such noncompliance was
intentional, and the amount of actual damages awarded; or''.
(e) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(c)) is amended--
(1) by striking ``(c) A debt collector may not'' and
inserting ``(c) Bona Fide Errors.--
``(1) In general.--A debt collector may not''; and
(2) by adding at the end the following new paragraph:
``(2) Reliance on rules of civil procedure.--A debt
collector may not be held liable in any action brought under
this title if the debt collector shows by a preponderance of
the evidence that the violation resulted from good faith
compliance with the Federal Rules of Civil Procedure; in the
case of a proceeding in a State court, the rules of civil
procedure available under the laws of such State; or a
nonjudicial foreclosure proceeding.''.
SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) by redesignating section 818 as section 819; and
(2) by inserting after section 817 the following new
section:
``Sec. 818. Mortgage servicer exemption
``(a) Exemption.--Any servicer of federally related mortgage loans
secured by first liens--
``(1) who is a debt collector; and
``(2) for whom the collection of delinquent debts is
secondary to the servicer's primary function of servicing
federally related mortgage loans,
shall be exempt from the requirements of sections 807(11) and 809 in
connection with the collection of any debt which is a federally related
mortgage loan secured by a first lien.
``(b) Validation Statement.--If a debt collector is exempt,
pursuant to subsection (a), from the requirements of section 809 with
respect to any federally related mortgage loan to a consumer which is
secured by a first lien, the servicer shall provide to the consumer, at
least 30 days before any acceleration of the debt and without charge to
such consumer--
``(A) a notice of the consumer's right to receive a
validation statement; or
``(B) a validation statement.
``(2) Qualified validation requests.--
``(A) Response to request.--If a servicer described
in paragraph (1) provides a consumer with a notice
under subparagraph (A) of such paragraph, the servicer
shall provide such consumer with a validation statement
not more than 10 days after receiving a qualified
validation request from such consumer.
``(B) No delay required.--No provision of this
title shall be construed as requiring a servicer
described in paragraph (1) to delay acceleration,
foreclosure, or any other action with respect to a
federally related mortgage loan for which the servicer
provided a notice to the consumer under paragraph
(1)(A) due to the receipt by such servicer of a
qualified validation request from such consumer.
``(C) Receipt and handling of requests.--A servicer
described in paragraph (1) may establish a separate and
exclusive office for the receipt and handling of any
qualified validation request from any consumer under
this subsection if the servicer provides notice of that
fact and the address of the office to the consumer--
``(i) in the notice provided to such
consumer pursuant to paragraph (1)(A); or
``(ii) separately by 1st class mail with
prepaid postage.
``(3) Reasonable estimates of 3d party charges.--A servicer
described in paragraph (1) shall not be liable under this title
for any inaccurate amount contained in a validation statement
provided to a consumer with respect to a federally related
mortgage loan secured by a first lien to the extent the
inaccurate amount--
``(A) relates to costs for services to be provided
by third parties; and
``(B) constitutes a reasonable estimate of such
costs.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the meaning given to such term in
section 3(1) of the Real Estate Settlement Procedures Act of
1974.
``(2) Qualified validation request.--The term `qualified
validation request' means a written request for a validation
statement from a consumer to a servicer which--
``(A) includes the name and account number of the
consumer or such other information as may be necessary
to allow the servicer to identify such name and account
number; and
``(B) is not written on or otherwise included with
a payment coupon or other payment medium provided by
the servicer.
``(3) Servicer; servicing.--The terms `servicer' and
`servicing' have the meanings given to such terms in section
6(i) of the Real Estate Settlement Procedures Act of 1974.
``(4) Validation statement.--The term `validation
statement' means a statement of--
``(A) the total amount a consumer must pay, as of a
particular date, to bring the consumer's loan current;
and
``(B) the total amount a consumer must pay, as of a
particular date, to satisfy the loan in full.''.
(b) Clerical Amendment.--The table of sections for the Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.) is amended--
(1) by redesignating the item relating to section 818 as
section 819; and
(2) by inserting after the item relating to section 817 the
following new item:
``818. Mortgage servicer exemption.''. | Extends to any series of class actions arising out of the same violations by the same debt collector the current limit on the total amount of the debt collector's liability for additional damages that can be awarded to a plaintiff in the case of a successful class action to enforce liability of a noncompliant debt collector. Disallows recovery to the consumer of attorney's fees accruing after the consumer's refusal of such debt collector's settlement offer, if the amount of the final judgment awarded to the consumer is less than such offer.
Shields a debt collector from liability in the case of good faith compliance with Federal or State rules of civil procedure.
Exempts from certain debt collection disclosure requirements those mortgage servicers for which delinquent debt collection is secondary to the servicing of federally related mortgage loans secured by a first lien. Requires such mortgage servicers to furnish the debtor with certain validation statements prior to debt acceleration. | {"src": "billsum_train", "title": "Credit Cost Reduction Act of 1999"} | 2,338 | 204 | 0.541722 | 1.625592 | 0.817389 | 2.813953 | 11.761628 | 0.895349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Forgiveness Debt Relief Act
of 2007''.
SEC. 2. DISCHARGES OF INDEBTEDNESS ON PRINCIPAL RESIDENCE EXCLUDED FROM
GROSS INCOME.
(a) In General.--Paragraph (1) of section 108(a) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting ``, or'', and by inserting after subparagraph (D) the
following new subparagraph:
``(E) the indebtedness discharged is qualified principal
residence indebtedness which is discharged before January 1,
2010.''.
(b) Special Rules Relating to Qualified Principal Residence
Indebtedness.--Section 108 of such Code is amended by adding at the end
the following new subsection:
``(h) Special Rules Relating to Qualified Principal Residence
Indebtedness.--
``(1) Basis reduction.--The amount excluded from gross income
by reason of subsection (a)(1)(E) shall be applied to reduce (but
not below zero) the basis of the principal residence of the
taxpayer.
``(2) Qualified principal residence indebtedness.--For purposes
of this section, the term `qualified principal residence
indebtedness' means acquisition indebtedness (within the meaning of
section 163(h)(3)(B), applied by substituting `$2,000,000
($1,000,000' for `$1,000,000 ($500,000' in clause (ii) thereof)
with respect to the principal residence of the taxpayer.
``(3) Exception for certain discharges not related to
taxpayer's financial condition.--Subsection (a)(1)(E) shall not
apply to the discharge of a loan if the discharge is on account of
services performed for the lender or any other factor not directly
related to a decline in the value of the residence or to the
financial condition of the taxpayer.
``(4) Ordering rule.--If any loan is discharged, in whole or in
part, and only a portion of such loan is qualified principal
residence indebtedness, subsection (a)(1)(E) shall apply only to so
much of the amount discharged as exceeds the amount of the loan (as
determined immediately before such discharge) which is not
qualified principal residence indebtedness.
``(5) Principal residence.--For purposes of this subsection,
the term `principal residence' has the same meaning as when used in
section 121.''.
(c) Coordination.--
(1) Subparagraph (A) of section 108(a)(2) of such Code is
amended by striking ``and (D)'' and inserting ``(D), and (E)''.
(2) Paragraph (2) of section 108(a) of such Code is amended by
adding at the end the following new subparagraph:
``(C) Principal residence exclusion takes precedence over
insolvency exclusion unless elected otherwise.--Paragraph
(1)(B) shall not apply to a discharge to which paragraph (1)(E)
applies unless the taxpayer elects to apply paragraph (1)(B) in
lieu of paragraph (1)(E).''.
(d) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness on or after January 1, 2007.
SEC. 3. EXTENSION OF TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS
INTEREST.
(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) of the
Internal Revenue Code of 1986 (relating to termination) is amended by
striking ``December 31, 2007'' and inserting ``December 31, 2010''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or accrued after December 31, 2007.
SEC. 4. ALTERNATIVE TESTS FOR QUALIFYING AS COOPERATIVE HOUSING
CORPORATION.
(a) In General.--Subparagraph (D) of section 216(b)(1) of the
Internal Revenue Code of 1986 (defining cooperative housing
corporation) is amended to read as follows:
``(D) meeting 1 or more of the following requirements for
the taxable year in which the taxes and interest described in
subsection (a) are paid or incurred:
``(i) 80 percent or more of the corporation's gross
income for such taxable year is derived from tenant-
stockholders.
``(ii) At all times during such taxable year, 80
percent or more of the total square footage of the
corporation's property is used or available for use by the
tenant-stockholders for residential purposes or purposes
ancillary to such residential use.
``(iii) 90 percent or more of the expenditures of the
corporation paid or incurred during such taxable year are
paid or incurred for the acquisition, construction,
management, maintenance, or care of the corporation's
property for the benefit of the tenant-stockholders.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 5. EXCLUSION FROM INCOME FOR BENEFITS PROVIDED TO VOLUNTEER
FIREFIGHTERS AND EMERGENCY MEDICAL RESPONDERS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY
MEDICAL RESPONDERS.
``(a) In General.--In the case of any member of a qualified
volunteer emergency response organization, gross income shall not
include--
``(1) any qualified State and local tax benefit, and
``(2) any qualified payment.
``(b) Denial of Double Benefits.--In the case of any member of a
qualified volunteer emergency response organization--
``(1) the deduction under 164 shall be determined with regard
to any qualified State and local tax benefit, and
``(2) expenses paid or incurred by the taxpayer in connection
with the performance of services as such a member shall be taken
into account under section 170 only to the extent such expenses
exceed the amount of any qualified payment excluded from gross
income under subsection (a).
``(c) Definitions.--For purposes of this section--
``(1) Qualified state and local tax benefit.--The term
`qualified state and local tax benefit' means any reduction or
rebate of a tax described in paragraph (1), (2), or (3) of section
164(a) provided by a State or political division thereof on account
of services performed as a member of a qualified volunteer
emergency response organization.
``(2) Qualified payment.--
``(A) In general.--The term `qualified payment' means any
payment (whether reimbursement or otherwise) provided by a
State or political division thereof on account of the
performance of services as a member of a qualified volunteer
emergency response organization.
``(B) Applicable dollar limitation.--The amount determined
under subparagraph (A) for any taxable year shall not exceed
$30 multiplied by the number of months during such year that
the taxpayer performs such services.
``(3) Qualified volunteer emergency response organization.--The
term `qualified volunteer emergency response organization' means
any volunteer organization--
``(A) which is organized and operated to provide
firefighting or emergency medical services for persons in the
State or political subdivision, as the case may be, and
``(B) which is required (by written agreement) by the State
or political subdivision to furnish firefighting or emergency
medical services in such State or political subdivision.
``(d) Termination.--This section shall not apply with respect to
taxable years beginning after December 31, 2010.''.
(b) Clerical Amendment.--The table of sections for such part is
amended by inserting after the item relating to section 139A the
following new item:
``Sec. 139B. Benefits provided to volunteer firefighters and emergency
medical responders.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 6. CLARIFICATION OF STUDENT HOUSING ELIGIBLE FOR LOW-INCOME
HOUSING CREDIT.
(a) In General.--Subclause (I) of section 42(i)(3)(D)(ii) of the
Internal Revenue Code of 1986 (relating to certain students not to
disqualify unit) is amended to read as follows:
``(I) single parents and their children and such
parents are not dependents (as defined in section 152,
determined without regard to subsections (b)(1),
(b)(2), and (d)(1)(B) thereof) of another individual
and such children are not dependents (as so defined) of
another individual other than a parent of such
children, or.''.
(b) Effective Date.--The amendment made by this section shall apply
to--
(1) housing credit amounts allocated before, on, or after the
date of the enactment of this Act, and
(2) buildings placed in service before, on, or after such date
to the extent paragraph (1) of section 42(h) of the Internal
Revenue Code of 1986 does not apply to any building by reason of
paragraph (4) thereof.
SEC. 7. APPLICATION OF JOINT RETURN LIMITATION FOR CAPITAL GAINS
EXCLUSION TO CERTAIN POST-MARRIAGE SALES OF PRINCIPAL
RESIDENCES BY SURVIVING SPOUSES.
(a) Sale Within 2 Years of Spouse's Death.--Section 121(b) of the
Internal Revenue Code of 1986 (relating to limitations) is amended by
adding at the end the following new paragraph:
``(4) Special rule for certain sales by surviving spouses.--In
the case of a sale or exchange of property by an unmarried
individual whose spouse is deceased on the date of such sale,
paragraph (1) shall be applied by substituting `$500,000' for
`$250,000' if such sale occurs not later than 2 years after the
date of death of such spouse and the requirements of paragraph
(2)(A) were met immediately before such date of death.''.
(b) Effective Date.--The amendment made by this section shall apply
to sales or exchanges after December 31, 2007.
SEC. 8. MODIFICATION OF PENALTY FOR FAILURE TO FILE PARTNERSHIP
RETURNS; LIMITATION ON DISCLOSURE.
(a) Extension of Time Limitation.--Section 6698(a) of the Internal
Revenue Code of 1986 (relating to failure to file partnership returns)
is amended by striking ``5 months'' and inserting ``12 months''.
(b) Increase in Penalty Amount.--Paragraph (1) of section 6698(b)
of such Code is amended by striking ``$50'' and inserting ``$85''.
(c) Limitation on Disclosure of Taxpayer Returns to Partners, S
Corporation Shareholders, Trust Beneficiaries, and Estate
Beneficiaries.--
(1) In general.--Section 6103(e) of such Code (relating to
disclosure to persons having material interest) is amended by
adding at the end the following new paragraph:
``(10) Limitation on certain disclosures under this
subsection.--In the case of an inspection or disclosure under this
subsection relating to the return of a partnership, S corporation,
trust, or an estate, the information inspected or disclosed shall
not include any supporting schedule, attachment, or list which
includes the taxpayer identity information of a person other than
the entity making the return or the person conducting the
inspection or to whom the disclosure is made.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to returns required to be filed after the date of the
enactment of this Act.
SEC. 9. PENALTY FOR FAILURE TO FILE S CORPORATION RETURNS.
(a) In General.--Part I of subchapter B of chapter 68 of the
Internal Revenue Code of 1986 (relating to assessable penalties) is
amended by adding at the end the following new section:
``SEC. 6699. FAILURE TO FILE S CORPORATION RETURN.
``(a) General Rule.--In addition to the penalty imposed by section
7203 (relating to willful failure to file return, supply information,
or pay tax), if any S corporation required to file a return under
section 6037 for any taxable year--
``(1) fails to file such return at the time prescribed therefor
(determined with regard to any extension of time for filing), or
``(2) files a return which fails to show the information
required under section 6037,
such S corporation shall be liable for a penalty determined under
subsection (b) for each month (or fraction thereof) during which such
failure continues (but not to exceed 12 months), unless it is shown
that such failure is due to reasonable cause.
``(b) Amount Per Month.--For purposes of subsection (a), the amount
determined under this subsection for any month is the product of--
``(1) $85, multiplied by
``(2) the number of persons who were shareholders in the S
corporation during any part of the taxable year.
``(c) Assessment of Penalty.--The penalty imposed by subsection (a)
shall be assessed against the S corporation.
``(d) Deficiency Procedures Not To Apply.--Subchapter B of chapter
63 (relating to deficiency procedures for income, estate, gift, and
certain excise taxes) shall not apply in respect of the assessment or
collection of any penalty imposed by subsection (a).''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter B of chapter 68 of such Code is amended by adding at the end
the following new item:
``Sec. 6699. Failure to file S corporation return.''.
(c) Effective Date.--The amendments made by this section shall
apply to returns required to be filed after the date of the enactment
of this Act.
SEC. 10. MODIFICATION OF REQUIRED INSTALLMENT OF CORPORATE ESTIMATED
TAXES WITH RESPECT TO CERTAIN DATES.
The percentage under subparagraph (B) of section 401(1) of the Tax
Increase Prevention and Reconciliation Act of 2005 in effect on the
date of the enactment of this Act is increased by 1.50 percentage
points.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mortgage Forgiveness Debt Relief Act of 2007 - Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence. Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income. Disallows an exclusion for a discharge of indebtedness on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. Sets forth rules for determining the allowable amount of the exclusion for taxpayers with nonqualifying indebtedness and taxpayers who are insolvent.
Extends through 2010 the tax deduction for mortgage insurance premiums.
Sets forth alternative tests for qualifying as a cooperative housing corporation for purposes of the tax deduction for payments to such corporations. Qualifies a corporation if: (1) 80% or more of the total square footage of the corporation's property is used or available for use by its tenant-stockholders for residential purposes, or (2) 90% of the corporation's expenditures are for the acquisition, construction, management, maintenance, or care of its property for the benefit of the tenant-stockholders.
Allows members of a qualified volunteer emergency response organization (i.e., an organization that provides firefighting and emergency medical services) an exclusion from gross income for state and local tax benefits and for certain payments for services. Terminates such exclusion after 2010.
Allows certain full-time students who are single parents and their children to live in housing units eligible for the low-income housing tax credit provided that their children are not dependents of another individual (other than a parent of such children).
Allows a surviving spouse to exclude from gross income up to $500,000 of the gain from the sale or exchange of a principal residence owned jointly with a deceased spouse if the sale or exchange occurs within two years of the death of the spouse and other ownership and use requirements have been met.
Increases the penalty for failure to file a partnership tax return and extends from five to 12 the number of months in which such penalty may be imposed. Limits disclosure of tax return information that includes individual taxpayer identify information.
Imposes an additional penalty on S corporations for failure to file required tax returns.
Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the estimated tax payment due in the third quarter of 2012 for corporations with assets of at least $1 billion. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes."} | 3,436 | 569 | 0.547739 | 1.652215 | 0.72108 | 3.043033 | 5.938525 | 0.866803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Free Sports Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Secretary'' refers to the Secretary of
Commerce; and
(2) the term ``professional sports associations'' means
Major League Baseball, the National Basketball Association, the
National Football League, the National Hockey League, Major
League Soccer, the Arena Football League, and any other league
or association that organizes professional athletic
competitions as the Secretary may determine.
SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATHLETES.
Not later than 270 days after the date of enactment of this Act,
the Secretary shall issue regulations requiring professional sports
associations operating in interstate commerce adopt and enforce
policies and procedures for testing athletes who participate in their
respective associations for the use of performance-enhancing
substances. Such policies and procedures shall, at minimum, include the
following:
(1) Timing and frequency of random testing.--Each athlete
shall be tested a minimum of once each year that such athlete
is participating in the activities organized by the
professional sports association. Tests shall be conducted at
random throughout the entire year and the athlete shall not be
notified in advance of the test.
(2) Applicable substances.--The Secretary shall, by rule,
issue a list of substances for which each athlete shall be
tested. Such substances shall be those that are--
(A) determined by the World Anti-Doping Agency to
be prohibited substances; and
(B) determined by the Secretary to be performance-
enhancing substances for which testing is reasonable
and practicable.
(3) Method of testing and analysis.--Tests shall be
administered by an independent party not affiliated with the
professional sports association.
(4) Penalties.--Subject to the determination made pursuant
to an appeal as described in paragraph (5), a positive test
shall result in the following penalties:
(A) Suspension.--
(i) An athlete who tests positive shall be
suspended from participation in the
professional sports association for a minimum
of 2 years.
(ii) An athlete who tests positive, having
once previously tested positive shall be
permanently suspended from participation in the
professional sports association.
All suspensions shall include a loss of pay for the
period of the suspension.
(B) Disclosure.--The name of any athlete having a
positive test result shall be disclosed to the public.
(5) Appeals process.--An athlete who tests positive and is
subject to penalty under paragraph (4) shall be afforded an
opportunity for a prompt hearing and a right to appeal. Such
athlete shall file an appeal with the professional sports
association within 5 days after learning of the positive test.
The association shall hold a hearing and reach a final
adjudication not later than 30 days after receiving notice of
the appeal. The penalties specified in paragraph (4) shall be
stayed pending an appeal and final adjudication.
SEC. 4. EXEMPTIONS.
The Secretary may exempt from the regulations promulgated pursuant
to section 3 any professional sports association that has previously
adopted and implemented policies and procedure for testing athletes for
prohibited substances that meet or exceed the requirements of such
regulations.
SEC. 5. NONCOMPLIANCE.
Beginning 1 year after the date on which the final rules required
by section 3 are issued, the Secretary may fine any professional sports
association that fails to adopt and enforce testing policies and
procedures consistent with such regulations. An initial fine for
failing to adopt or enforce such policies and procedures under this Act
shall be $5,000,000 and may be increased by the Secretary by $1,000,000
for each day of noncompliance.
SEC. 6. REPORTS.
(a) Report on Effectiveness of Regulations.--Not later than 2 years
after the date of enactment of this Act and every 2 years thereafter,
the Secretary shall transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report describing the effectiveness
of the regulations prescribed pursuant to this Act, the degree to which
professional sports associations have complied with such regulations,
and any significant examples of noncompliance.
(b) Study on College and Secondary School Testing Policies and
Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the use of performance-enhancing substances by college and
secondary school athletes. The study shall examine the
prohibited substance policies and testing procedures of--
(A) intercollegiate athletic associations;
(B) college and university athletic departments;
and
(C) secondary schools and State and regional
interscholastic athletic associations.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit a
report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The report shall assess the
adequacy of such testing policies and procedures in detecting
and preventing the use of performance-enhancing substances, and
shall include any recommendations to Congress regarding
expanding the application of the regulations issued pursuant to
this Act to such intercollegiate and interscholastic athletic
associations. | Drug Free Sports Act - Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for testing athletes for the use of performance-enhancing substances, including regulations requiring: (1) random testing of each athlete annually without advance notification; (2) the Secretary to issue a list of substances for which each athlete is to be tested that includes prohibited substances as determined by the World Anti-Doping Agency and performance-enhancing substances for which testing is reasonable and practicable; (3) that such tests be administered by an independent party not affiliated with the professional sports associations; (4) suspension for a minimum of two years for a first positive test and permanent suspension for a second positive test; (5) disclosure to the public of the name of any athlete that tests positive; and (6) an opportunity for a prompt hearing and an appeal.
Allows the Secretary to: (1) exempt any professional sports association that has previously adopted and implemented policies and procedures that meet or exceed the requirements of such regulations; and (2) fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations.
Requires the Comptroller General to study the use of performance-enhancing substances by college and secondary school athletes. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce."} | 1,121 | 255 | 0.683033 | 1.799868 | 1.002092 | 4.096 | 4.232 | 0.944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supplemental Security Income
Restoration Act of 2013''.
SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
(a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of
the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by
striking ``$240'' and inserting ``$1,320 (increased as described in
section 1617(d) for each calendar year after 2015)''.
(b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such
Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place
it appears and inserting ``$4,284 (increased as described in section
1617(d) for each calendar year after 2015)''.
(c) Update in Resource Limit for Individuals and Couples.--Section
1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended--
(1) in subparagraph (A), by striking ``$2,250'' and all
that follows through the end of the subparagraph and inserting
``$15,000 in calendar year 2015, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''; and
(2) in subparagraph (B), by striking ``$1,500'' and all
that follows through the end of the subparagraph and inserting
``$10,000 in calendar year 2015, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''.
(d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C.
1382f) is amended--
(1) in the section heading, by inserting ``; inflation
adjustment'' after ``benefits''; and
(2) by adding at the end the following:
``(d) In the case of any calendar year after 2015, each of the
amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4)
shall be increased by multiplying each such amount by the quotient (not
less than 1) obtained by dividing--
``(1) the average of the Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W, as published by the
Bureau of Labor Statistics of the Department of Labor) for the
12-month period ending with September of the preceding calendar
year, by
``(2) such average for the 12-month period ending with
September 2014.''.
SEC. 3. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS
INCOME.
(a) In General.--Section 1612(a)(2) of such Act (42 U.S.C.
1382a(a)(2)) is amended--
(1) by inserting ``(other than support or maintenance
furnished in kind)'' after ``all other income''; and
(2) in subparagraph (A)--
(A) by striking ``or kind'';
(B) by striking clause (i) and redesignating
clauses (ii) and (iii) as clauses (i) and (ii),
respectively; and
(C) in clause (ii) (as so redesignated), by
striking ``and the provisions of clause (i) shall not
be applicable''.
(b) Conforming Amendments.--
(1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is
amended by striking paragraph (6) and redesignating paragraphs
(7) through (10) as paragraphs (6) through (9), respectively.
(2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2))
is amended--
(A) in subparagraph (F), by inserting ``and'' at
the end;
(B) in subparagraph (G), by striking ``; and'' and
inserting a period;
(C) by moving subparagraph (G) 2 ems to the right;
and
(D) by striking subparagraph (H).
(3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is
amended to read as follows:
``(c) In determining the amount of income of an alien during the
period of 5 years after such alien's entry into the United States,
support or maintenance furnished in cash to the alien by such alien's
sponsor (to the extent that it reflects income or resources which were
taken into account in determining the amount of income and resources to
be deemed to the alien under subsection (a) or (b) of this section)
shall not be considered to be income of such alien under section
1612(a)(2)(A).''.
SEC. 4. REPEAL OF PENALTY FOR DISPOSAL OF RESOURCES FOR LESS THAN FAIR
MARKET VALUE.
Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read
as follows:
``(c) Notification of Medicaid Policy Restricting Eligibility of
Institutionalized Individuals for Benefits Based on Disposal of
Resources for Less Than Fair Market Value.--(1) At the time an
individual (and the individual's eligible spouse, if any) applies for
benefits under this title, and at the time the eligibility of an
individual (and such spouse, if any) for such benefits is redetermined,
the Commissioner of Social Security shall--
``(A) inform such individual of the provisions of section
1917(c) providing for a period of ineligibility for benefits
under title XIX for individuals who make certain dispositions
of resources for less than fair market value, and inform such
individual that information obtained pursuant to subparagraph
(B) will be made available to the State agency administering a
State plan under title XIX (as provided in paragraph (2)); and
``(B) obtain from such individual information which may be
used by the State agency in determining whether or not a period
of ineligibility for such benefits would be required by reason
of section 1917(c).
``(2) The Commissioner of Social Security shall make the
information obtained under paragraph (1)(B) available, on request, to
any State agency administering a State plan approved under title
XIX.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on January 1,
2015. | Supplemental Security Income Restoration Act of 2013 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to increase from $240 to $1,320 (increased for inflation each calendar year after 2015) the first amount of general income per year excluded in determining SSI program eligibility. Increases from: (1) $780 to $4,284 (similarly increased) the first amount of earned income similarly excluded (including for a blind or disabled individual [or spouse] under age 65), (2) $3,000 to $15,000 in calendar year 2015 (increased for inflation) the resource limit for couples, and (3) $2,000 to $10,000 in calendar year 2015 (similarly increased) for individuals without a spouse. Prescribes an inflation adjustment in benefits in any calendar year after 2015. Removes support and maintenance furnished in kind from determination of unearned income. Repeals the administrative penalty which renders individuals (and spouses) ineligible for SSI for a certain period of time if after the look-back date (usually 36 months preceding their application for SSI) they dispose of their resources for less than market value. | {"src": "billsum_train", "title": "Supplemental Security Income Restoration Act of 2013"} | 1,524 | 255 | 0.574107 | 1.635594 | 0.811084 | 2.077273 | 5.731818 | 0.786364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Success Act''.
SEC. 2. INTEREST-FREE DEFERMENT OF UNSUBSIDIZED LOANS DURING PERIODS OF
UNEMPLOYMENT.
(a) FFEL Unsubsidized Loan Deferment.--
(1) Section 428H(e)(2) of the Higher Education Act of 1965
(20 U.S.C. 1078-8(e)(2)) is amended--
(A) in subparagraph (A), by inserting ``Except as
provided in subparagraph (C),'' before ``Interest on'';
and
(B) by adding at the end the following:
``(C) Interest on loans made under this section for which
payments are deferred under clause (ii) of section
428(b)(1)(M), for a period of deferment granted to a borrower
on or after the date of enactment of the Graduate Success Act,
shall accrue and be paid by the Secretary during any period
during which loans are so deferred, not in excess of 3
years.''.
(2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is
amended by inserting ``(other than a deferment under clause
(ii) of such subparagraph on or after the date of enactment of
the Graduate Success Act)'' after ``of this paragraph''.
(b) Direct Unsubsidized Loan Deferment.--Section 455(f)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(f)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``or'' at the end of clause (i);
and
(B) by adding at the end the following:
``(iii) a Federal Direct Unsubsidized
Stafford Loan, with respect to a period of
deferment described in subparagraph (B) of
paragraph (2) granted to a borrower on or after
the date of enactment of the Graduate Success
Act; or''; and
(2) in subparagraph (B), by inserting ``not described in
subparagraph (A)(iii)'' after ``Unsubsidized Stafford Loan''.
(c) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is
amended--
(1) by striking ``or'' at the end of subclause (II);
(2) by redesignating subclause (III) as subclause (IV);
(3) by inserting after subclause (II) the following:
``(III) by the Secretary, in the
case of a consolidation loan for which
the application is received on or after
the date of enactment of the Graduate
Success Act, except that the Secretary
shall pay such interest only for a
period not in excess of 3 years for
which the borrower would be eligible
for a deferral under clause (ii) of
section 428(b)(1)(M); or''; and
(4) in subclause (IV) (as so redesignated by this
subsection), by striking ``(I) or (II)'' and inserting ``(I),
(II), or (III)''.
(d) Income-Based Repayment.--Section 493C(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 10983(b)(3)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) shall, on subsidized and unsubsidized loans,
be paid by the Secretary for a period of not more than
3 years during which the borrower is eligible for a
deferment due to unemployment described in section
455(f)(2)(B) (regardless of whether the student is in
such a deferment), except that--
``(i) this subparagraph shall only apply to
periods during which the borrower is eligible
for a such deferment on or after the date of
enactment of the Graduate Success Act; and
``(ii) in the case of a subsidized loan,
such period shall not include any period
described in subparagraph (A) or any period
during which the borrower is in deferment due
to an economic hardship described in section
435(o); and''; and
(4) in subparagraph (C) (as so redesignated by paragraph
(2))--
(A) in clause (i), by striking ``subparagraph (A)''
and inserting ``subparagraphs (A) and (B)''; and
(B) in clause (ii), by inserting ``, subject to
subparagraph (B),'' after ``unsubsidized loan''. | Graduate Success Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to pay the interest that accrues on unsubsidized Federal Family Education Loans (FFELs) and Direct Loans (DLs) that are deferred due to a student borrower's lack of full-time employment.
Requires the Secretary to pay the interest that accrues on Federal Consolidation Loans that are in deferment due to a borrower's lack of full-time employment, provided the application for such a loan is received on or after this Act's enactment.
Directs the Secretary to pay the interest that accrues on FFELs and DLs that are subject to income-based repayment provisions and are in deferment due to a borrower's lack of full-time employment.
Limits these interest-free deferment periods to those occurring on or after this Act's enactment and covering no more than three years of full-time unemployment. | {"src": "billsum_train", "title": "To provide interest-free deferment on unsubsidized student loans during periods of unemployment, and for other purposes."} | 1,209 | 233 | 0.599471 | 1.66531 | 0.74452 | 1.685393 | 5.393258 | 0.775281 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Service
Cost Reduction and Fiscal Accountability Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. All Resources Reporting System.
Sec. 5. Limitations on costs charged to off-budget funds.
Sec. 6. Disclosure of indirect expenditures and general administration
costs in annual budget requests.
Sec. 7. Cost reduction strategic plan.
Sec. 8. Audit requirements.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over the last several years, indirect expenditures and
other overhead costs within the Forest Service have increased
substantially, both in total dollar amounts and as a percentage
of total expenditures. Rising indirect expenditures and other
overhead costs have hindered the ability of the Forest Service
to carry out its core mission of managing the National Forest
System.
(2) According to the Comptroller General, indirect
expenditures associated with Forest Service management of five
off-budget funds established by law to provide funds for site
restoration, reforestation, habitat improvement, brush disposal
and other critical management activities has increased by 80
percent and now exceeds 27 percent of the total annual
expenditures from these off-budget funds. Considerable debate
continues regarding whether such expenditures exceed spending
authority provided by Congress.
(3) Forest Service data show that annual general
administration costs associated with the Federal timber sale
program increased by 46 percent between 1992 and 1996 and now
comprise 31 percent of the total costs of the program. Such
data show that annual general administration costs exceed the
total annual costs of all of the following combined:
(A) Environmental analysis.
(B) Appeals and litigation.
(C) Road design, construction, and maintenance.
(D) Brush disposal.
(E) Reforestation and other site improvements.
(F) Transportation planning.
(G) Silvicultural examinations.
(4) The Forest Service does not presently have an adequate
financial accounting system in place to identify and manage the
indirect and total expenditures associated with the programs it
administers. The lack of such a system, and accompanying
safeguards to prevent inappropriate use of appropriated funds
and off-budget funds, may be contributing substantially to
declines in the goods and services the Forest Service is able to
provide to the American public and other users of the National Forest
System.
(5) The Forest Service is in need of a comprehensive
strategy for identifying and reducing, where appropriate,
indirect and total expenditures associated with management of
the National Forest System. Such a strategy must include clear,
tangible objectives and performance measures that will make it
possible to measure agency performance and identify results.
(6) Any comprehensive strategy ultimately adopted by the
Forest Service to better manage indirect and total expenditures
associated with management of the National Forest System must
be designed so as to maintain or increase the goods and
services provided to the American public and other users of the
National Forest System as a result of its implementation.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Budget request.--The term ``budget request'' means the
Forest Service budget justification documents submitted to the
Committee on Appropriations of the House of Representatives and
the Senate in support of the President's budget for a fiscal
year submitted to Congress pursuant to section 1105 of title
31, United States Code.
(2) General administration.--The term ``general
administration'' means amounts appropriated for general line
management, administrative support, and common services, as
identified in the Forest Service budget request.
(3) Indirect expenditures.--The term ``indirect
expenditures'' means indirect support activities, as defined in
the Forest Service Handbook and other expenditures, including
salary, travel, training and vehicle use, that cannot, in a
feasible manner, be specifically identified with a single
project, including the following:
(A) Expenditures related to line officers,
including district rangers, forest supervisors,
regional foresters, and Washington Office positions,
and their support staff.
(B) Program support expenditures to coordinate,
manage, and execute programs, business activities,
community involvement, and other similar activities.
(C) Nonpersonnel expenditures associated with
providing space and working environments for employees,
including rentals, utilities, communications, radio,
office and computer equipment, mail and postage, and
office supplies and forms.
(4) Off-budget fund.--The term ``off-budget fund'' means a
trust fund or permanent appropriation administered by the
Forest Service, including the following:
(A) The brush disposal fund established under the
twenty-first paragraph under the heading ``FOREST
SERVICE'' in the Act of August 11, 1916 (39 Stat. 462;
16 U.S.C. 490).
(B) The cooperative work-other fund established
under the penultimate paragraph under the heading
``FOREST SERVICE'' in the Act of June 30, 1914 (38
Stat. 430; 16 U.S.C. 498).
(C) Knutson-Vandenberg fund established under
section 3 of the Act of June 9, 1930 (commonly known as
the Knutson-Vandenberg Act; 16 U.S.C. 576b).
(D) The reforestation trust fund established under
section 303(d) of Public Law 96-451 (16 U.S.C. 1606a).
(E) The salvage sale fund established under section
14(h) of the National Forest Management Act of 1976 (16
U.S.C. 472a(h)).
(F) The roads and trails fund established under the
fourteenth paragraph under the heading ``FOREST
SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16
U.S.C. 501).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 4. ALL RESOURCES REPORTING SYSTEM.
(a) Accounting System Required.--
(1) Schedule for implementation.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall prepare a schedule for implementation of an accounting
system (to be known as the ``All Resources Reporting System'')
to account for the costs and revenues associated with the
programs administered by the Forest Service. The Secretary
shall include the schedule in the strategic plan required under
section 7.
(2) Implementation.--The All Resources Reporting System
shall be fully implemented for all of the programs identified
under subsection (b) beginning no later than the first day of
the second full fiscal year following the date of the enactment
of this Act.
(b) Required Programs.--The All Resources Reporting System shall
include, at a minimum, the following program areas:
(1) Land management planning, inventorying, and monitoring.
(2) Recreation use.
(3) Rangeland management.
(4) Commercial timber management.
(5) Forestland vegetation management.
(6) Soil, water, and air management.
(7) Minerals and geology management.
(8) Wildlife and fisheries habitat management.
(9) Land ownership management.
(10) Infrastructure management.
(11) Law enforcement operations.
(12) State and private forestry.
(13) Forest and rangeland research.
(c) Cost Allocations.--The All Resources Reporting System shall
allocate certain costs as follows:
(1) The costs of the commercial timber management program
shall consist of the costs identified with the timber commodity
component of the Federal timber sale program, as contained in
the Forest Management Program Annual Report.
(2) The costs of the forest land vegetation and wildlife
and fisheries habitat management program shall include the
costs of the forest stewardship and personal use components of
the Federal timber sale program, as contained in the Forest
Management Program Annual Report. Such costs shall be divided,
as appropriate, between the two programs.
(d) Identification of Indirect Expenditures and General
Administration Costs.--The All Resources Reporting System shall clearly
identify the indirect expenditures and general administration costs
charged or allocated annually to each program.
(e) Administrative Units.--The All Resources Reporting System shall
include a separate report for each administrative unit of the National
Forest System, for State and private forestry, and for research.
(f) Compliance with Generally Accepted Accounting Principles.--The
Forest Service shall ensure that the All Resources Reporting System
complies with generally accepted accounting principles.
SEC. 5. LIMITATIONS ON COSTS CHARGED TO OFF-BUDGET FUNDS.
(a) Annual Percentage Limitation.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall cap total annual
indirect expenditures from each of the off-budget funds at 20 percent
of the total expenditures from each fund.
(b) Elimination of Indirect Expenditures.--Not later than 180 days
after the date of the enactment of this Act, the Secretary shall
prepare a schedule for eliminating indirect expenditures from each off-
budget fund by the end of the second full fiscal year following the
date of the enactment of this Act. To ensure elimination of such
indirect expenditures by the end of such second full fiscal year, the
schedule shall reduce indirect expenditures to at least 10 percent of
total annual expenditures from each off-budget fund beginning on the
first day of the second full fiscal year. The Secretary shall include
the schedule in the strategic plan required under section 7.
SEC. 6. DISCLOSURE OF INDIRECT EXPENDITURES AND GENERAL ADMINISTRATION
COSTS IN ANNUAL BUDGET REQUESTS.
The Secretary shall plainly disclose for each budget line item,
expanded budget line item, or program identified in each annual budget
request the following information:
(1) The total amount of indirect expenditures and general
administration costs that will be charged or allocated to the
line item, expanded line item, or program during the applicable
fiscal year, expressed both in total dollars and as a
percentage of the total line item, expanded line item, or
program.
(2) The total amount of indirect expenditures and general
administration costs charged or allocated to the line item,
expanded line item, or program for each of the preceding three
fiscal years, expressed both in total dollars and a percentage
of the total line item, expanded line item, or program.
SEC. 7. COST REDUCTION STRATEGIC PLAN.
(a) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall prepare and
submit to Congress a five-year strategic plan to identify and reduce,
where appropriate, indirect expenditures and other costs associated
with the programs identified in section 4(b) while simultaneously
increasing the goods and services provided by such programs through the
National Forest System.
(b) Elements of Strategic Plan.--The strategic plan shall include,
at a minimum, the following elements:
(1) A description and schedule for full implementation of
the All Resources Reporting System.
(2) A schedule for eliminating indirect expenditures from
off-budget funds pursuant to section 5.
(3) A method for identifying annually the direct and
indirect expenditures (expressed both in total dollars and as a
percentage of total program expenditures) charged or allocated
to each program by the Washington, regional, forest, and ranger
district offices.
(4) A framework, including specific instructions to line
officers and other decision makers, for establishing and
achieving a five-year goal for reducing, as appropriate, the
indirect expenditures and total expenditures charged to each
program by the Washington, regional, forest, and ranger
district offices while maintaining or increasing the goods and
services provided by such programs through the National Forest
System.
(5) A plan to improve the cost-effectiveness of program and
project planning and implementation through increased private-
sector contracting.
(6) Annual, output-based incentives for line officers and
other decision-makers to meet the schedules and achieve the
objectives established under this subsection.
(c) Consultation.--The Secretary shall prepare the strategic plan
in consultation with the Comptroller General and the Inspector General
of the Department of Agriculture.
(d) Results of Implementation.--The Secretary shall include an
annual review of the results of the implementation of the strategic
plan as an addendum to the annual budget request. The annual review may
also be included in the annual performance plan prepared pursuant to
the provisions of the Government Performance and Results Act of 1993
(Public Law 103-62; 107 Stat. 285). The addendum shall include a
description of the following:
(1) Modifications in the implementation of the strategic
plan that occurred during the course of the fiscal year and the
impact of the modifications.
(2) Changes to the definition of or method of accounting
for direct and indirect expenditures and general administration
costs that occurred during the previous fiscal year.
(3) Private contracting demonstration projects commenced
under subsection (e) and the results of any such projects that
are completed.
(e) Demonstration of Private-Sector Contracting.--For purposes of
the implementation of the element of the strategic plan described in
subsection (b)(5), and notwithstanding any other provision of law, the
Secretary may conduct demonstration projects to test the cost-
effectiveness of using private contracting for planning, programming,
project implementation, and other activities of the Forest Service that
do not constitute decision-making.
SEC. 8. AUDIT REQUIREMENTS.
(a) Annual Evaluations Required.--The Comptroller General shall
submit to Congress an annual evaluation assessing the effectiveness of
the implementation of the strategic plan required under section 7. The
evaluation for a year shall be submitted as soon as practicable after
the submission of the Forest Service budget request for the next year.
(b) Five-Year Audit Required.--At the conclusion of the fifth full
fiscal year following the date of the enactment of this Act, the
Comptroller General shall conduct a comprehensive audit of the
implementation of the strategic plan required under section 7. Such
audit shall include an analysis of the following:
(1) The trends in indirect and total expenditures charged
to each program by the Washington, regional, forest, and ranger
district offices.
(2) A description of the effectiveness of the
implementation of the strategic plan, or any modifications
thereto, on the management of indirect expenditures and total
expenditures charged to each program by the Washington,
regional, forest, and ranger district offices.
(3) Recommendations to further improve the management of
indirect and total expenditures charged to each program by the
Washington, regional, forest, and ranger district offices. | Forest Service Cost Reduction and Fiscal Accountability Act of 1998 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to prepare an implementation schedule for a Forest System accounting system to be known as the All Resources Accounting System which shall include: (1) specified program areas; (2) cost allocations; (3) identification of indirect expenditures and general administration costs; and (4) separate reports for Forest System units, State and private forestry, and research.
Directs the Secretary to: (1) limit and eliminate within a certain period indirect expenditures from Forest Service trust funds or permanent appropriations; (2) disclose indirect expenditures and general administration costs in annual budget requests; and (3) prepare a five-year Forest System cost reduction strategic plan. | {"src": "billsum_train", "title": "Forest Service Cost Reduction and Fiscal Accountability Act of 1998"} | 3,157 | 154 | 0.598569 | 1.625866 | 0.672683 | 3.493506 | 19.545455 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission to Support Law
Enforcement Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) law enforcement officers risk their lives daily to
protect citizens, for modest rewards and too little
recognition;
(2) a significant shift has occurred in the problems that
law enforcement officers face without a corresponding change in
the support from the Federal Government;
(3) law enforcement officers are on the front line in the
war against drugs and crime;
(4) the rate of violent crime continues to increase along
with the increase in drug use;
(5) a large percentage of individuals arrested test
positive for drug usage;
(6) the Presidential Commission on Law Enforcement and the
Administration of Justice of 1965 focused attention on many
issues affecting law enforcement, and a review twenty-five
years later would help to evaluate current problems, including
drug-related crime, violence, racial conflict, and decreased
funding; and
(7) a comprehensive study of law enforcement issues,
including the role of the Federal Government in supporting law
enforcement officers, working conditions, and responsibility
for crime control would assist in redefining the relationships
between the Federal Government, the public, and law enforcement
officials.
SEC. 3. ESTABLISHMENT.
There is established a national commission to be known as the
``National Commission to Support Law Enforcement'' (referred to in this
Act as the ``Commission'').
SEC. 4. DUTIES.
(a) In General.--The Commission shall study and recommend changes
regarding law enforcement agencies and law enforcement issues on the
Federal, State, and local levels, including the following:
(1) Funding.--The sufficiency of funding, including a
review of grant programs at the Federal level.
(2) Employment.--The conditions of law enforcement
employment.
(3) Information.--The effectiveness of information-sharing
systems, intelligence, infrastructure, and procedures among law
enforcement agencies of Federal, State, and local governments.
(4) Research and training.--The status of law enforcement
research and education and training.
(5) Equipment and resources.--The adequacy of equipment,
physical resources, and human resources.
(6) Cooperation.--The cooperation among Federal, State, and
local law enforcement agencies.
(7) Responsibility.--The responsibility of governments and
law enforcement agencies in solving the crime problem.
(8) Impact.--The impact of the criminal justice system,
including court schedules and prison overcrowding, on law
enforcement.
(b) Consultation.--The Commission shall conduct surveys and consult
with focus groups of law enforcement officers, local officials, and
community leaders across the Nation to obtain information and seek
advice on important law enforcement issues.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 25
members as follows:
(1) Seven individuals from national law enforcement
organizations representing law enforcement officers, of whom--
(A) Two shall be appointed by the Speaker of the
House of Representatives;
(B) Two shall be appointed by the majority leader
of the Senate;
(C) One shall be appointed by the minority leader
of the House of Representatives;
(D) One shall be appointed by the minority leader
of the Senate; and
(E) One shall be appointed by the President.
(2) Seven individuals from national law enforcement
organizations representing law enforcement management, of
whom--
(A) Two shall be appointed by the Speaker of the
House of Representatives;
(B) Two shall be appointed by the majority leader
of the Senate;
(C) One shall be appointed by the minority leader
of the House of Representatives;
(D) One shall be appointed by the minority leader
of the Senate; and
(E) One shall be appointed by the President.
(3) Two individuals with academic expertise regarding law
enforcement issues, of whom--
(A) One shall be appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate.
(B) One shall be appointed by the minority leader
of the Senate and the minority leader of the House of
Representatives.
(4) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
(5) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) One individual involved in Federal law enforcement from
the Department of the Treasury, appointed by the President.
(7) One individual from the Department of Justice,
appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed by the Majority Leader of the
Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed by the Speaker of the House
of Representatives.
(10) One individual representing a State or local
governmental entity, such as a governor, mayor, or State
attorney general, to be appointed by the President.
(b) Comptroller General.--The Comptroller General shall serve in an
advisory capacity and shall oversee the methodology and approach of the
Commission's study.
(c) Chairperson.--Upon their appointment the members of the
Commission shall select one of their number to act as chairperson.
(d) Compensation.--
(1) In general.--Members of the Commission shall receive no
additional pay, allowance, or benefit by reason of service on
the Commission.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Appointment Dates.--Members of the Commission shall be
appointed no later than 90 days after the enactment of this Act.
SEC. 6. EXPERTS AND CONSULTANTS.
(a) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(b) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency is authorized to detail, on a reimbursable
basis, any of the personnel of that agency to the Commission to assist
the Commission in carrying out its duties under this Act.
(c) Administrative Support.--The Administrator of General Services
shall provide to the Commission, on a reimbursable basis,
administrative support services as the Commission may request.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for purposes of this Act, hold
hearings, sit and act at the times and places, take testimony, and
receive evidence, as the Commission considers appropriate.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action the Commission is
authorized to take by this section.
(c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the chairperson of the Commission, the head of an
agency shall furnish the information to the Commission to the extent
permitted by law.
(d) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORT.
Not later than the expiration of the eighteen-month period
beginning on the date of the appointment of the members of the
Commission, a report containing the findings of the Commission and
specific proposals for legislation and administrative actions that the
Commission has determined to be appropriate shall be submitted to
Congress.
SEC. 9. TERMINATION.
The Commission shall cease to exist upon the expiration of the
sixty-day period beginning on the date on which the Commission submits
its report under section 8.
SEC. 10. REPEALS.
Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647;
104 Stat. 4918) and title II, section 211 B of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are
repealed. | National Commission to Support Law Enforcement Act - Reestablishes the National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels. (Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 with respect to the establishment and termination of such a Commission.) | {"src": "billsum_train", "title": "National Commission to Support Law Enforcement Act"} | 1,809 | 102 | 0.511949 | 1.310971 | 0.764064 | 5.97619 | 20.630952 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Federal and State Navigable
Waters Commission for Alaska''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The efficient and orderly development of the State of
Alaska will be better achieved if the Federal Government joins
the State of Alaska in a carefully coordinated approach to
identify ownership and jurisdictional interests in land and
waters.
(2) Alaska has abundant water resources that are invaluable
to State residents and all citizens of the United States.
(3) Because of the massive number of navigable waterways
and other bodies of water in the State of Alaska, the task of
resolving submerged land ownership and navigable water
determinations has been very slow, counter-productive from an
orderly resource management standpoint, and costly as the
State, private landowners, and the Federal Government attempt
to initiate long-range planning processes.
(b) Purposes.--The purposes of this Act are the following:
(1) Expedite the process of quieting legitimate title to
the submerged lands in the State of Alaska.
(2) Facilitate determinations for purposes of the Submerged
Lands Act (43 U.S.C. 1301 et seq.), to the extent possible,
which bodies of water in Alaska are navigable waters and which
such bodies of water are not navigable waters.
(3) Recommend to the State of Alaska and the Federal
Government--
(A) ways to improve the process of making water use
and navigability decisions; and
(B) ways to fairly and expeditiously quiet title to
the State's submerged lands.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Joint
Federal and State Navigable Waters Commission for Alaska'' (in this Act
referred to as the ``Commission'').
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall--
(1) make recommendations to the Secretary of the Interior
and the State of Alaska regarding determination of bodies of
water in the State that are navigable waters for purposes of
the Submerged Lands Act (43 U.S.C. 1301 et seq.);
(2) establish a process for employing established standards
to facilitate making such recommendations and determinations;
(3) develop procedures for involving private landowners,
including Alaska Native corporations and the general public, in
that process;
(4) for purposes of making such recommendations, undertake
a process to identify navigable waters in Alaska pursuant to
established standards and criteria; and
(5) make recommendations to improve coordination and
consultation between the government of the State of Alaska and
the Federal Government regarding navigability determinations
and decisions concerning title to submerged lands.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 10
members, of which 5 shall be Federal members appointed under
subsection (b) and 5 shall be State members appointed under
subsection (c).
(2) Appointment deadline.--Initial appointments under this
section shall be made not later than 60 days after the date of
enactment of this Act.
(b) Federal Members.--The 5 Federal members shall consist of--
(1) 1 member appointed by the President of the United
States;
(2) 1 member appointed by each of the three members of the
Congress who represent the State of Alaska; and
(3) 1 member appointed by the Secretary of the Interior.
(c) State Members.--The 5 State members shall consist of--
(1) the Governor of the State of Alaska or the Governor's
designee;
(2) 2 members appointed by the Governor of the State of
Alaska, of whom 1 shall be an Alaska Native (as that term is
defined in the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.));
(3) 1 member appointed by the President of the Alaska
Senate; and
(4) 1 member appointed by the Speaker of the Alaska House
of Representatives.
Each of State members shall serve at the pleasure of the appointing
authority for that member.
(d) Ineligibility for Appointment.--Members of Congress shall be
ineligible for appointment to the Commission.
(e) Co-Chairs.--The member appointed by the President of the United
States and the Governor or Governor's designee shall serve as co-chairs
of the Commission.
(f) Initial Meeting.--The initial meeting of the Commission shall
be called by the co-chairs.
(g) Term of Appointment.--
(1) In general.--Subject to paragraph (2), members of the
Commission shall be appointed for the life of the Commission.
(2) Early termination of appointment.--(A) Membership of a
member of the Commission shall terminate if the member is--
(i) an individual who is an officer or employee of
a government body and who ceases to serve as such an
officer or employee; or
(ii) an individual who is not an officer or
employee of a government and who becomes an officer or
employee of a government.
(B) Termination of an individual's membership pursuant to
subparagraph (A)(i) or (ii) shall take effect on the expiration
of the 90-day period beginning on the date such member ceases
to be such an officer or employee of such government, or
becomes an officer or employee of a government, respectively.
(h) Quorum.--3 Federal members and 3 State members of the
Commission shall constitute a quorum, but a lesser number may conduct
meetings. All decisions of the Commission shall require concurrence by
at least 3 State members and 3 Federal members of the Commission.
(i) Vacancy.--A vacancy in the membership of the commission--
(1) shall not affect the powers of the Commission to meet
or conduct business, subject to subsection (h); and
(2) shall be filled in the same manner in which the
original appointment was made, by the same appointing
authority.
SEC. 6. COMPENSATION OF THE COMMISSION.
(a) Pay for Federal Members of the Commission.--
(1) Nongovernment employees.--Each Federal member of the
Commission who is not otherwise an officer or employee of the
Federal Government shall be entitled to receive the daily
equivalent of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, as in effect from time to time, for each day
(including travel time) during which such member is engaged in
the actual performance of duties of the Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of either the government of the State
of Alaska or the Federal Government shall serve without
additional pay or benefits for service as a member of the
Commission.
(b) Travel Expenses.--Federal members of the Commission shall
receive travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States
Code. State members of the Commission are entitled to per diem and
travel expenses as authorized under pertinent laws of the State of
Alaska.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on the authorization
of the Commission, any subcommittee or member of the Commission may,
for the purposes of carrying out its duties, hold hearings, take
testimony, receive evidence, print or otherwise reproduce and
distribute all or part of commission proceedings and reports, and sit
and act at those times and places as the Commission, subcommittee, or
members consider desirable.
(b) Information for the Commission.--The Commission may obtain
directly from any executive agency (as defined in section 105 of title
5 of the United States Code) or court information necessary to enable
it to carry out its duties under this Act. On the request of either co-
chair of the Commission, and consistent with applicable law, the head
of an executive agency or of a Federal court shall provide such
information to the Commission.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(d) Volunteer Services.--The Commission may accept volunteer
services for the purpose of aiding or facilitating the work of the
Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for property or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 8. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--Subject to rules prescribed by the Commission, the co-
chairs may appoint and fix the pay of personnel as they consider
appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the annual
rate of basic pay for GS-15 of the General Schedule.
(c) Experts and Consultants.--Subject to rules prescribed by the
Commission, the co-chairs may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay for GS-15 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the co-chairs, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 9. RELATIONSHIP TO OTHER LAW.
The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply
to the Commission.
SEC. 10. REPORTS.
(a) Annual Report.--Not later than January 31 of each year, the
Commission shall submit to the President of the United States, the
Congress, the Governor of the State of Alaska, and the legislature of
the State of Alaska a written report describing its activities during
the preceding year.
(b) Final Report.--The Commission shall submit a final
comprehensive report to the officials and entities referred to in
subsection (a) at least 10 days before the date the Commission
terminates.
SEC. 11. TERMINATION OF THE COMMISSION.
The Commission is terminated 2 years after the date of completion
of appointment of all members of the Commission. | Joint Federal and State Navigable Waters Commission for Alaska - Establishes the Joint Federal and State Navigable Waters Commission.Requires the Commission to: (1) make recommendations to the Secretary of the Interior and the State of Alaska regarding the determination of bodies of water in the State that are navigable waters for purposes of the Submerged Lands Act; (2) establish a process for employing established standards to facilitate making such recommendations and determinations; (3) develop procedures for involving private landowners, including Alaska Native corporations and the public, in that process; (4) undertake a process to identify navigable waters in Alaska pursuant to established standards and criteria; and (5) make recommendations to improve coordination and consultation between the State and the Federal Government regarding navigability determinations and decisions concerning title to submerged lands. | {"src": "billsum_train", "title": "To establish the Joint Federal and State Navigable Waters Commission for Alaska."} | 2,491 | 172 | 0.716681 | 1.923453 | 0.978737 | 6.880795 | 15.066225 | 0.986755 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Kids in School Act''.
SEC. 2. STATE PLANS.
Section 1111(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(c)) is amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon;
(2) in paragraph (14) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) the State educational agency will work with other
State agencies, local educational agencies, organizations
representing teachers, administrators, and other school
personnel, organizations representing parents, and community-
based programs to reduce suspensions and expulsions in public
early childhood education programs, as applicable, and
elementary school and secondary school including by--
``(A) focusing on local educational agencies with a
high rate of suspensions and expulsions and with a
disparity between the rates of suspension and expulsion
for students who are members of the categories
described in section 1111(h)(1)(C)(ii)(III)(dd), and
all students at the school;
``(B) expanding professional development provided
to principals, administrators, teachers, specialized
instructional support personnel, para-educators, and
other staff that regularly interact with students, on a
schoolwide basis, to educate such individuals about
evidence-based approaches to reduce suspensions and
expulsions, such as prevention and deescalation
strategies, conflict resolution, understanding and
responding to the effects of trauma and violence on
students, and multi-tiered systems of support that
include developmentally, culturally, and linguistically
appropriate positive behavioral interventions for
students in public early childhood education programs,
as applicable, and elementary school and secondary
school; and
``(C) developing a plan to ensure that each student
who is suspended will receive ongoing educational
services that will allow the student to successfully
participate in the student's previous educational
program upon the student's return to school following a
suspension.''.
SEC. 3. LOCAL PLANS.
Section 1112(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(b)(1)) is amended--
(1) in subparagraph (P), by striking ``and'' after the
semicolon;
(2) is subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(R) a description of--
``(i) the actions the local educational
agency will take to reduce suspensions and
expulsions in public early childhood education
programs, as applicable, and elementary school
and secondary school; and
``(ii) how the local educational agency
will measure progress and benchmarks of
improvement in reducing suspensions and
expulsions, and the professional development
that is necessary to achieve such a reduction,
with a particular focus on reducing disparities
between the rates of suspension and expulsion
for students who are members of the categories
described in section 1111(h)(1)(C)(ii)(III)(dd)
as compared to such rates for all students at
the school;
``(S) an assurance that, in consultation with local
government agencies, and community-based programs, if
applicable, the local educational agency will provide a
report on--
``(i) the professional development provided
to principals, administrators, teachers,
specialized instructional support personnel,
para-educators, and other staff that regularly
interact with students on evidence-based
approaches to reduce suspensions and expulsions
for students in public school, which may
include prevention and deescalation strategies,
conflict resolution, understanding and
responding to the effects of trauma and
violence on students, and multi-tiered systems
of support that include developmentally,
culturally, and linguistically appropriate
positive behavioral interventions; and
``(ii) a description of how the local
educational agency will ensure that each
student who is suspended will receive ongoing
educational services that will allow the
student to successfully participate in the
student's previous educational program upon the
student's return to school following a
suspension;
``(T) an assurance that each school served by the
local educational agency will make publicly available,
the school's individual suspension and expulsion
policy, or the suspension and expulsion policy of the
local educational agency that serves the school, if
such policy operates on the local educational agency
level; and
``(U) an assurance that each school served by the
local educational agency will make available, upon
request, information about the behavior that resulted
in each suspension or expulsion that was issued to a
student at the school.''.
SEC. 4. REPORTING.
(a) LEA Report.--Section 1111(h)(2)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)) is amended by
striking clause (ii) and inserting the following:
``(ii) in the case of a school--
``(I) whether the school has been
identified for school improvement;
``(II) information that shows how
the school's students achievement on
the statewide academic assessments and
other indicators of adequate yearly
progress compared to students in the
local educational agency and the State
as a whole; and
``(III) information about
suspensions and expulsions, including--
``(aa) the number of
suspensions and expulsions;
``(bb) the length of each
suspension;
``(cc) the number of
children suspended and the
number of children suspended
more than once;
``(dd) the number of police
arrests and referrals to law
enforcement of students,
disaggregated by grade, race,
ethnicity, gender, disability
status (in accordance with
section 602 of the Individuals
with Disabilities Education
Act), migrant status, English
proficiency status, and status
as economically disadvantaged;
``(ee) the number of times
multiple suspensions were
issued for the same student for
the same offense;
``(ff) the number of times
a student is transferred as
part of a disciplinary removal
to an alternative educational
setting, disaggregated by the
categories described in
subclause (IV);
``(gg) the percentage of
the student population that was
suspended or expelled,
disaggregated by the groups
described in item (dd); and
``(hh) information on the
professional development and
implementation support provided
to principals, administrators,
teachers, and other appropriate
staff on schoolwide evidence-
based approaches, such as those
described in section
1111(c)(15) to reduce
suspensions and expulsions in
public early childhood
education programs, as
applicable, and elementary
school and secondary school.''.
(b) State Report.--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) by redesignating clause (vii) and (viii) as clause
(viii) and (ix), respectively; and
(2) by inserting after clause (vi) the following;
``(vii) the information described in
paragraph (2)(B)(ii)(III), as applicable,
aggregated to reflect the State as a whole;''.
SEC. 5. RESERVATION OF FUNDS FOR SCHOOL IMPROVEMENT.
Section 4121 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7131) is amended--
(1) in subsection (a) by inserting ``, and not reserved
under subsection (c)'' after ``carry out this subpart under
section 4003(2),'';
(2) in subsection (b), by striking this section and
inserting subsection (a); and
(3) by adding at the end the following:
``(c) Reservation of Funds for School Discipline.--
``(1) In general.--No less than 7.5 percent of the funds
made available to carry out this subpart under section 4003(2)
shall be reserved for the Secretary to make grants to the 50
local educational agencies with an approved application that
have the highest rates of suspension and expulsion and the
greatest disparity between the rates of suspension and
expulsion for students who are members of the categories
described in section 1111(h)(1)(C)(ii)(III)(dd), and all
students at the school, as determined by the Secretary.
``(2) Allocation of funds.--The Secretary shall allocate
the funds described in paragraph (1) among such local
educational agencies in a manner determined by the Secretary.
``(3) Application.--In order to receive funds under this
subsection, a local educational agency shall submit a plan to
the Secretary in such form and containing such information as
the Secretary may reasonably require and shall include a
description of how the local educational agency will use the
funds awarded under this subsection for the professional
development of principals, administrators, teachers,
specialized instructional support personnel, para-educators,
school resource officers, and school police to reduce
suspensions and expulsions.
``(4) Eligible activities.--A local educational agency
receiving funds under this subsection may use such funds to
carry out one or more of the following activities:
``(A) training on developmentally, culturally, and
linguistically appropriate prevention and deescalation
strategies;
``(B) implementing positive behavioral intervention
systems;
``(C) implementing tiered disciplinary systems;
``(D) carrying out training on conflict resolution
and restorative justice;
``(E) hiring additional school-based mental health
services providers; and
``(F) carrying out other evidence-based approaches
to reducing school suspensions and expulsions.
``(5) Report.--
``(A) Reports to the secretary.--At the conclusion
of each grant period, each local educational agency
that receives a grant under this subsection shall
prepare and submit a report to the Secretary on the
uses for the funding received as well as the techniques
used by the local educational agency to reduce
suspensions and expulsions.
``(B) Report on best practices.--The Secretary
shall publish and make publicly available an annual
report on the best practices for State educational
agencies and local educational agencies to reduce the
use of suspensions and expulsions, and may include
information from the reports described in subparagraph
(A).''.
SEC. 6. DEFINITIONS.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended by adding at the end the following:
``(44) Suspension.--The term `suspension' means an instance
in which a student, including a student with a disability, is
temporarily removed from the student's regular educational
setting for disciplinary purposes to another setting (such as
home, a behavior center, or an interim alternative educational
setting, which may be at the school), regardless of whether the
student receives educational or other services from the school
in that setting.
``(45) Expulsion.--The term `expulsion' means an action
taken by the local educational agency removing a student from
the student's regular school for disciplinary purposes for the
remainder of the school year or longer, in accordance with
local educational agency policy, and includes any removal from
school, or modified removal, of a student of a period of less
than 1 year, as required by State law in accordance with
section 4141.''.
SEC. 7. STATE AND LOCAL USES OF FUNDS FOR PROFESSIONAL DEVELOPMENT.
(a) State Use of Funds.--Section 2113(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by
adding at the end the following:
``(19) Encouraging and supporting local educational
agencies in providing professional development to teachers,
administrators, other school personnel, and school leaders in
ways to reduce the use of suspensions and expulsions,
especially when resulting in disparities between the rates of
suspension and expulsion for students who are members of the
categories described in section 1111(h)(1)(C)(ii)(III)(dd) as
compared to such rates for all students at the school, which
may include developing tools such as developmentally,
culturally, and linguistically appropriate prevention and
deescalation strategies, positive behavioral intervention
systems, tiered disciplinary systems, conflict resolution and
restorative justice, and other evidence-based approaches.''.
(b) Local Use of Funds.--Section 2123(a)(3)(B) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)(B)) is
amended--
(1) in the matter preceding clause (i), by striking
``teachers and principals and, in appropriate cases,
paraprofessionals,'' and inserting ``teachers, administrators,
other personnel, and school leaders'';
(2) by redesignating clauses (iii) through (v) as clauses
(iv) through (vi), respectively; and
(3) by inserting after clause (ii) the following:
``(iii) provide professional development
regarding ways to reduce the use of suspensions
and expulsions, especially when resulting in
disparities between the rates of suspension and
expulsion for students who are members of the
categories described in section
1111(h)(1)(C)(ii)(III)(dd) as compared to such
rates for all students at the school, which may
include developing tools or establishing
school-level teams that are well-versed and
familiar with tools such as developmentally,
culturally, and linguistically appropriate
prevention and deescalation strategies,
positive behavioral intervention systems,
tiered disciplinary systems, conflict
resolution, and other evidence-based
approaches;''. | Keep Kids in School Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require state school improvement plans to contain assurances that the state will work with other education stakeholders to reduce suspensions and expulsions in public preschool programs and public elementary and secondary schools. Requires the school improvement plans of local educational agencies (LEAs) to include: a description of the actions the LEA will take to reduce suspensions and expulsions and how the LEA will measure their success in doing so; an assurance that the LEA will report on the training provided to school staff to reduce suspensions and expulsions and how suspended students will receive ongoing educational services that enable them to resume their previous studies upon returning to school; an assurance that each of the LEA's schools will make publicly available its suspension and expulsion policy or the LEA's policy if the policy operates on the LEA level; and an assurance that each of the LEA's schools will make available, upon request, information about the behavior that resulted in each suspension or expulsion. Requires the annual state and local report cards to include specified information concerning school suspensions and expulsions, including the training and support provided to school staff to reduce those disciplinary actions. Reserves a portion of the funds under part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA for grants to the 50 LEAs with an approved application that have the highest suspension and expulsion rates and the greatest disparity in those rates for specified student subgroups and the student body as a whole. Allows those grants to be used for: training on developmentally, culturally, and linguistically appropriate prevention and de-escalation strategies; positive behavioral intervention systems; tiered disciplinary systems; training on conflict resolution and restorative justice; hiring additional school-based mental health services providers; and other evidence-based approaches to reducing school suspensions and expulsions. Authorizes LEAs to use their subgrants under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to provide school personnel with training on ways to reduce the use of suspensions and expulsions, especially when those actions result in disparities between the suspension and expulsion rates for specified student subgroups and the student body as a whole. | {"src": "billsum_train", "title": "Keep Kids in School Act"} | 3,066 | 518 | 0.61683 | 1.984794 | 0.713555 | 2.894009 | 6.40553 | 0.866359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cascade-Siskiyou National Monument
Voluntary and Equitable Grazing Conflict Resolution Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Presidential Proclamation Number 7318, dated June 13,
2000 (65 Fed. Reg. 37247), which established the Cascade-
Siskiyou National Monument, created unique regulatory and
statutory overlays with respect to the Monument;
(2) compensating lessees that voluntarily waive their
grazing leases and end livestock grazing on Federal land in and
near the Monument would provide lessees new economic
opportunities, including opportunities to--
(A) restructure ranch operations;
(B) start new businesses; or
(C) retire with security;
(3) regardless of the legal merits of continued grazing on
the Monument, there is support from the ranching,
environmental, and other local communities and government
officials for a fair and equitable resolution of grazing
conflicts;
(4) the land exchange authorized under this Act is in the
public interest because the exchange--
(A) furthers the protective purposes of the
Monument;
(B) provides for consolidated land ownership;
(C) improves land and resource management;
(D) decreases management costs; and
(E) resolves public conflict;
(5) the waiver of grazing leases under this Act is not
intended to reflect on--
(A) the legal or ecological merit of continued
grazing within the Monument; or
(B) the merit of proposals to limit or retire
grazing permits in the State of Oregon or any other
State; and
(6) designating certain portions of the Monument as
wilderness would ensure that an increasing population,
expanding settlement, and increasing mechanization would not
modify those portions in a manner that would cumulatively deny
future generations the opportunity to the wilderness
experience.
(b) Purposes.--The purposes of this Act are--
(1) to maintain the economic viability of cattle ranching
in the vicinity of the Monument;
(2) to authorize the permanent retirement of certain
grazing leases and associated allotments within and in the
vicinity of the Monument; and
(3) to protect unique ecological diversity and high quality
outdoor recreational opportunities in the wildest portions of
the Monument by designating the portions as the Soda Mountain
Wilderness.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of land
under the jurisdiction of the Bureau of Land Management in the
Monument, as generally depicted on the land exchange map.
(2) Grazing allotment.--The term ``grazing allotment''
means the Box R, Buck Lake, Buck Mountain, Buck Point, Conde
Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly,
Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and
Soda Mountain grazing allotments in the State.
(3) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the
purpose of grazing domestic livestock for commercial purposes.
(4) Land exchange map.--The term ``land exchange map''
means the map entitled ``Box R Ranch Land Exchange'' and dated
[___], 2006.
(5) Landowner.--The term ``Landowner'' means Box-R Ranch in
the State.
(6) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid term grazing lease for a grazing allotment.
(7) Livestock.--The term ``livestock'' does not include
beasts of burden used for recreational purposes in the
Monument.
(8) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(9) Range development.--
(A) In general.--The term ``range development''
means any structure, fence, water development, or other
permanent fixture placed on a grazing allotment
relating to grazing domestic livestock.
(B) Exclusions.--The term ``range development''
does not include any rolling stock, livestock, or
diversions of water from Federal land onto non-Federal
land.
(10) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land, as depicted
on the land exchange map.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of Oregon.
(13) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 6(a).
(14) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Soda Mountain Wilderness'' and dated [____],
2006.
SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.
(a) Existing Grazing Leases.--
(1) Waiver.--The Secretary--
(A) shall, subject to the availability of funds,
offer to provide compensation to a lessee in exchange
for the waiver by a lessee of a grazing lease; and
(B) if the lessee accepts the offer in accordance
with this section, shall, not later than 30 days after
the date on which the lessee accepts the offer,
simultaneously--
(i) provide to the lessee the compensation
specified in paragraph (2);
(ii) terminate the grazing lease waived;
and
(iii) permanently retire the associated
grazing allotment or portion of the grazing
allotment from livestock grazing use.
(2) Amount of compensation.--Compensation for the waiver of
a grazing lease under paragraph (1) shall be equal to $300 per
authorized animal unit month.
(3) Partial allotment retirements.--If a lessee offers to
waive only the Monument portion of a grazing lease for a
grazing allotment that is partially in the Monument, the
Secretary shall, at full Federal expense, construct and
maintain a fence to exclude livestock from the portion of the
grazing allotment that is within the boundaries of the
Monument.
(4) Joint lease.--If a grazing allotment is jointly leased
to more than 1 lessee--
(A) the Secretary shall not accept waiver of a
joint grazing lease unless all lessees subject to the
grazing lease exercise the option to waive the grazing
lease under paragraph (1); or
(B) if the option is not exercised by all the
lessees under paragraph (1), the Secretary shall--
(i) in communication, consultation, and
cooperation with any lessees that do not
exercise the option under paragraph (1),
construct and maintain a fence at Federal
expense for the purpose of keeping livestock
within a reduced area of the grazing allotment
that is commercially and seasonally
proportional with the remaining authorized
animal unit months in the grazing allotment,
including private land used as exchange of use
on the date of enactment of this Act; and
(ii) accept the waived portion of the joint
lease from any joint lessees that have
exercised the option under paragraph (1).
(5) Limitations.--The Secretary--
(A) with respect to the Agate, Emigrant Creek, and
Siskiyou allotments in and near the Monument as of the
date of enactment of this Act--
(i) shall not issue grazing leases; and
(ii) shall permanently retire the
allotments from livestock grazing use; and
(B) shall not establish any new allotments that
include--
(i) any Federal land within a grazing
allotment or an allotment described in
subparagraph (A); or
(ii) any Monument land (whether leased or
not leased for grazing on the date of enactment
of this Act).
(6) Deadline.--To waive a grazing lease in accordance with
this section, a lessee shall exercise the right to waive the
grazing lease by not later than the date that is 3 years after
the date of enactment of this Act.
(7) Effect of waiver.--A lessee who receives compensation
for voluntarily waiving a grazing lease under this section
shall be considered to have waived any claim to all range
developments on the associated grazing allotments.
(8) Donation of grazing leases.--
(A) In general.--Nothing in this section prevents a
lessee from donating to the Secretary, at any time, a
grazing lease without Federal compensation, in
accordance with this section.
(B) Acceptance by.--If a lessee donates a grazing
lease to the Secretary, the Secretary shall accept the
donation in accordance with clauses (ii) and (iii) of
paragraph (1)(B).
(b) Additional Allocations.--Beginning on the date of enactment of
this Act, the Secretary shall not authorize any allotments for
livestock grazing on Monument land that are not in existence on the
date of enactment of this Act.
SEC. 5. LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer, not later than 70
days after the date on which the Landowner conveys acceptable
title to the Rowlett parcel to the Secretary, shall convey to
the Landowner all right, title, and interest of the United
States in and to the Bureau of Land Management land.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Bureau of Land Management land and the Rowlett parcel shall
be determined by surveys approved by the Secretary.
(2) Costs.--The Secretary shall be responsible for paying
the costs of--
(A) any survey conducted under paragraph (1); and
(B) any other administrative costs relating to the
land exchange authorized under this section.
(c) Conditions.--
(1) In general.--The conveyance of Bureau of Land
Management land and the Rowlett parcel under subsection (a)
shall be subject to valid existing rights.
(2) Title approval.--Title to the Rowlett parcel shall
conform with the title approval standards applicable to Federal
land acquisitions.
(d) Applicable Law.--
(1) In general.--Except as otherwise provided in this
section, the conveyance of Bureau of Land Management land under
this section is subject to any laws (including regulations)
applicable to the conveyance and acquisition of land under the
jurisdiction of the Bureau of Land Management.
(2) Exemption.--The exchange of land authorized under this
section shall not--
(A) require the promulgation of additional
regulations by the Secretary; or
(B) be subject to the notice and comment provisions
of section 553 of title 5, United States Code.
SEC. 6. SODA MOUNTAIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), approximately 23,000 acres of Monument land, as
generally depicted on the wilderness map, is designated as wilderness
and as a component of the National Wilderness Preservation System, to
be known as the ``Soda Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Wilderness with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Resources of the House of
Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(B) Notification.--The Secretary shall submit to
Congress notice of any changes made in the map or legal
description under subparagraph (A), including notice of
the reason for the change.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in--
(A) the Office of the Director of the Bureau of
Land Management;
(B) the Office of the Oregon State Director of the
Bureau of Land Management; and
(C) the Medford District Office of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(2) Fire, insect, and disease management activities.--The
Secretary may take such measures in the Wilderness as are
necessary to control and prevent fire, insects, and diseases,
as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and the guidelines contained in [the Report of the
Committee on Interior and Insular Affairs (H. Report 98-40) to
accompany the California Wilderness Act of 1984 (Public Law 98-
425; 16 U.S.C. 1131 note).]
(3) Livestock.--
(A) Administration.--Except as provided in section
4 and Presidential Proclamation Number 7318, dated June
13, 2000 (65 Fed. Reg. 37247), any grazing of livestock
and the maintenance of range development in the
Wilderness established before the date of enactment of
this Act shall be permitted to continue in accordance
with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A
of the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(B) Retirement of certain permits.--On the
retirement of any grazing lease applicable to any
portion of the Wilderness, grazing of domestic
livestock in the applicable portion of the Wilderness
shall be prohibited.
(4) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this Act affects the jurisdiction of the State with
respect to fish and wildlife on public land in the State.
(5) Adjacent management.--
(A) In general.--Nothing in this Act creates a
protective perimeter or buffer zone around the
Wilderness.
(B) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from
the Wilderness shall not preclude the conduct of the
activity or use outside the boundary of the Wilderness.
SEC. 7. EFFECT.
Nothing in this Act--
(1) affects the authority of a Federal agency to otherwise
modify or terminate grazing permits or leases without
compensation;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease buyout programs; or
(5) affects the allocation, ownership, interest, or
control, in existence on the date of enactment of this Act, of
any water, water right, or any other valid existing right held
by the United States, an Indian tribe, a State, or a private
individual, partnership, or corporation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary--
(1) $2,000,000 to provide compensation to lessees that
waive grazing leases under section 4; and
(2) $1,500,000 for fence construction and other methods of
livestock control in and near the Monument, of which $150,000
shall be made available for fiscal year 2007 and each fiscal
year thereafter (adjusted for inflation) for the purpose of
preventing domestic livestock from entering the Federal land
described in section 4(a).
(b) Limitation.--None of the amounts made available under
subsection (a) shall be used by any Federal agency for administrative
costs incurred in carrying out this Act.
(c) Availability.--Amounts made available under subsection (a)
shall remain available until expended. | Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act - Directs the Secretary of the Interior to offer compensation, equal to $300 per authorized animal unit month, to a lessee in exchange for the lessee's waiver of a lease to use a grazing allotment to graze domestic livestock for commercial purposes in the Cascade-Siskiyou National Monument, Oregon.
Requires the Secretary to terminate any grazing lease waived and permanently retire the associated grazing allotment (or allotment portion) from livestock grazing use.
Allows a landowner to donate a grazing lease to the Secretary without receiving compensation.
Prohibits the Secretary from issuing a grazing license on specified allotments in and near the Monument, and requires the Secretary to retire such allotments permanently.
Authorizes the Secretary to offer to convey to the Box R Ranch, and to convey if the offer is accepted, certain Bureau of Land Management land in exchange for the Rowlett parcel.
Designates approximately 23,000 acres of Monument land as the Soda Mountain Wilderness in the National Wilderness Preservation System. Grandfathers existing grazing leases on such land, but prohibits grazing in the applicable Wilderness portion upon retirement of any such lease. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes."} | 3,859 | 301 | 0.634434 | 1.950918 | 0.808443 | 2.90367 | 15.12844 | 0.922018 |
SECTION 1. EARNED INCOME CREDIT FOR INDIVIDUALS WITH CHILDREN.
(a) Credit Determined Without Regard to Number of Children.--
Subsections (b) (1) and (2) of section 32 of the Internal Revenue Code
of 1986 are amended to read as follows:
``(1) Percentages.--The credit percentage and the phaseout
percentage shall be determined as follows:
------------------------------------------------------------------------
The credit The phaseout
``In the case of: percentage is: percentage is:
------------------------------------------------------------------------
An individual not filing a
joint return................. 15 11
Married individuals filing
joint return................. 18.5 10
------------------------------------------------------------------------
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
------------------------------------------------------------------------
The earned income The phaseout
``In the case of: amount is: amount is:
------------------------------------------------------------------------
An individual not filing a
joint return................. $11,000 $11,600
Married individuals filing
joint return................. $9,000 $12,000.''
------------------------------------------------------------------------
(b) Definition of Eligible Individual.--Subsection (c)(1)(A) of
section 32 of such Code (defining eligible individual) is amended to
read as follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''
(c) Modification of Adjusted Gross Income Definition.--
(1) In general.--Subsections (a)(2), (c)(1)(C), and
(f)(2)(B) of section 32 of such Code are each amended by
striking ``adjusted gross income'' and inserting ``modified
adjusted gross income''.
(2) Modified adjusted gross income defined.--Subsection (c)
of section 32 of such Code (relating to definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(5) Modified adjusted gross income.--
``(A) In general.--The term `modified adjusted
gross income' means adjusted gross income--
``(i) increased by the sum of the amounts
described in subparagraph (B), and
``(ii) determined without regard to--
``(I) the amounts described in
subparagraph (C), or
``(II) the deduction allowed under
section 172.
``(B) Nontaxable income taken into account.--
Amounts described in this subparagraph are--
``(i) Social Security benefits (as defined
in section 86(d)) received by the taxpayer
during the taxable year to the extent not
included in gross income,
``(ii) amounts which--
``(I) are received during the
taxable year by (or on behalf of) a
spouse pursuant to a divorce or
separation instrument (as defined in
section 71(b)(2)), and
``(II) under the terms of the
instrument are fixed as payable for the
support of the children of the payor
spouse (as determined under section
71(c)),
but only to the extent such amounts exceed
$6,000,
``(iii) interest received or accrued during
the taxable year which is exempt from tax
imposed by this chapter, and
``(iv) amounts received as a pension or
annuity, and any distributions or payments
received from an individual retirement plan, by
the taxpayer during the taxable year to the
extent not included in gross income.
Clause (iv) shall not include any amount which is not
includible in gross income by reason of section 402(c),
403(a)(4), 403(b)(8), 408(d) (3), (4), or (5), or
457(e)(10).
``(C) Certain amounts disregarded.--An amount is
described in this subparagraph if it is--
``(i) the amount of losses from sales or
exchanges of capital assets in excess of gains
from such sales or exchanges to the extent such
amount does not exceed the amount under section
1211(b)(1),
``(ii) the net loss from the carrying on of
trades or businesses, computed separately with
respect to--
``(I) trades or businesses (other
than farming) conducted as sole
proprietorships,
``(II) trades or businesses of
farming conducted as sole
proprietorships, and
``(III) other trades or business,
``(iii) the net loss from estates and
trusts, and
``(iv) the excess (if any) of amounts
described in subsection (i)(2)(C)(ii) over the
amounts described in subsection (i)(2)(C)(i)
(relating to nonbusiness rents and royalties).
For purposes of clause (ii), there shall not be taken
into account items which are attributable to a trade or
business which consists of the performance of services
by the taxpayer as an employee.''
(d) Inflation Adjustments.--
(1) Adjustment of phaseout amounts.--Paragraph (1) of
subsection (i) of section 32 of such Code (relating to
inflation adjustments) is amended to read as follows:
``(1) Phaseout amounts.--In the case of any taxable year
beginning after 1997--
``(A) Individual not filing joint return.--Each
dollar amount contained in subsection (b)(2) relating
to the phaseout amount for an individual not filing a
joint return shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) less 2
percentage points (but not less than zero), for
the calendar year in which the taxable year
begins, by substituting `calendar year 1997'
for `calendar year 1992'.
``(B) Joint returns.--Each dollar amount contained
in subsection (b)(2) relating to the phaseout amount
for married individuals filing a joint return shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) plus 1
percentage point, for the calendar year in
which the taxable year begins, by substituting
`calendar year 1996' for `calendar year
1992'.''
(2) Adjustment of credit percentages.--Subsection (i) of
section 32 of such Code (relating to inflation adjustments) is
amended by adding at the end the following:
``(3) Credit percentages.--In the case of any taxable year
beginning after 1997--
``(A) Individual not filing joint return.--The
credit percentage contained in subsection (b)(1) for an
individual not filing a joint return shall be increased
by an amount equal to--
``(i) such credit percentage, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) less 2
percentage points (but not less than zero), for
the calendar year in which the taxable year
begins, by substituting `calendar year 1997'
for `calendar year 1992'.
``(B) Joint returns.--The credit percentage
contained in subsection (b)(1) for married individuals
filing a joint return shall be increased by an amount
equal to--
``(i) such credit percentage, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) plus 1
percentage point, for the calendar year in
which the taxable year begins, by substituting
`calendar year 1996' for `calendar year 1992'.
``(C) Rounding rule.--The percentages determined
under subparagraphs (A) and (B) shall be rounded to the
nearest 1/100th of 1 percent.''
SEC. 2. ELIMINATION OF PERSONAL EXEMPTION FOR DEPENDENTS UNDER 18.
(a) In General.--Subsection (c) of section 151 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(6) Disallowance for dependent under 18.--
``(A) In general.--An exemption shall be allowed
under this section for a dependent only if the
dependent has attained the age of 18 as of the close of
the calendar year in which the taxable year of the
taxpayer begins.
``(B) Coordination with other provisions.--Except
as provided in this section, whenever in this title a
provision refers to dependents with respect to whom a
deduction is provided under this section, such
provision shall be applied without regard to
subparagraph (A).''
(b) Conforming Amendment.--Clause (i) of section 151(c)(1)(B) of
such Code is amended by striking ``has not attained'' and inserting
``has attained the age of 18 but not''.
SEC. 3. CREDIT FOR CHILDREN UNDER 18.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 35 the following new section:
``SEC. 35A. CHILDREN UNDER 18.
``(a) Allowance of Credit.--
``(1) General rule.--There shall be allowed to a taxpayer
as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the sum of the child credit
amounts for each qualifying child.
``(2) Child credit amount.--The child credit amount for a
qualifying child is the amount equal to the credit percentage
of so much of the taxpayer's earned income as does not exceed
the earned income amount with respect to such child.
``(3) Limitation.--The child credit amount allowable to a
taxpayer under paragraph (1) for a qualifying child for any
taxable year shall not exceed the excess (if any) of--
``(A) the credit percentage of the earned income
amount with respect to such qualifying child, over
``(B) the sum of the initial phasedown amount and
the final phasedown amount.
``(b) Percentages and Amounts.--For the purposes of subsection
(a)--
``(1) Credit percentage and earned income amount.--The
credit percentage and the earned income amount shall be
determined as follows:
------------------------------------------------------------------------
The credit Earned income
``In the case of: percentage is: amount:
------------------------------------------------------------------------
1st and 2nd qualifying child.. 12.5 $8,000
3rd qualifying child.......... 4 $25,000
4th and each additional
qualifying child............. 3.33 $30,000
------------------------------------------------------------------------
``(2) Initial phasedown amount.--The initial phasedown
amount is the lesser of--
``(A) 5 percent of so much of the modified adjusted
gross income (or, if greater, the earned income) of the
taxpayer for the taxable year as exceeds $75,000 for an
individual not filing a joint return ($110,000 for
joint filers), and
``(B) $210.
``(3) Final phasedown amount.--
``(A) In general.--The final phasedown amount is
the amount which is 2 percentage points for each $2,500
(or fraction thereof) by which the taxpayer's adjusted
gross income for the taxable year exceeds the threshold
amount for the taxable year. In the case of a married
individual filing a separate return, the preceding
sentence shall be applied by substituting `$1,250' for
`$2,500'. In no event shall the applicable percentage
exceed 100 percent.
``(B) Threshold amount.--For purposes of
subparagraph (A), the term `threshold amount' means the
amount determined under section 151(d)(3)(C).
``(c) Definitions.--For the purposes of this section--
``(1) Earned income.--The term `earned income' has the
meaning given such term by section 32(c)(2).
``(2) Qualifying child.--The term `qualifying child' has
the meaning given such term by section 32(c)(3), except that
such term only includes an individual who has not attained the
age of 18 at the close of the calendar year in which the
taxable year of the taxpayer begins.''
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding after section 35 the following new item:
``Sec. 35A. Dependents under 18.''
(c) Conforming Amendment.--Section 6109(e) of such Code (relating
to identifying numbers) is amended by inserting ``, or a credit under
section 35A for a dependent under 18 years of age,'' after ``exemption
under section 151 for any dependent''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to taxable
years beginning after December 31, 1996. | Amends the Internal Revenue Code to replace the existing earned income credit and personal exemption for children with a refundable family credit and a refundable credit for each child under 18 years old. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to replace the current earned income credit and the personal exemption for children with a refundable credit for families and a refundable credit for each child, and for other purposes."} | 3,121 | 41 | 0.38006 | 0.803475 | -0.299431 | 1.794118 | 76 | 0.852941 |
SECTION. 1. ELIM NATIVE CORPORATION LAND RESTORATION.
Section 19 of the Alaska Native Claims Settlement Act (43 U.S.C.
1618) is amended by adding at the end the following new subsection:
``(c)(1) Findings.--The Congress finds that--
``(A) approximately 350,000 acres of land were withdrawn by
Executive orders in 1917 for the use of the United States Bureau of
Education and of the Natives of Indigenous Alaskan race;
``(B) these lands comprised the Norton Bay Reservation (later
referred to as Norton Bay Native Reserve) and were set aside for
the benefit of the Native inhabitants of the Eskimo Village of
Elim, Alaska;
``(C) in 1929, 50,000 acres of land were deleted from the
Norton Bay Reservation by Executive order;
``(D) the lands were deleted from the Reservation for the
benefit of others;
``(E) the deleted lands were not available to the Native
inhabitants of Elim under subsection (b) of this section at the
time of passage of this Act;
``(F) the deletion of these lands has been and continues to be
a source of deep concern to the indigenous people of Elim; and
``(G) until this matter is dealt with, it will continue to be a
source of great frustration and sense of loss among the
shareholders of the Elim Native Corporation and their descendants.
``(2) Withdrawal.--The lands depicted and designated `Withdrawal
Area' on the map dated October 19, 1999, along with their legal
descriptions, on file with the Bureau of Land Management, and entitled
`Land Withdrawal Elim Native Corporation', are hereby withdrawn,
subject to valid existing rights, from all forms of appropriation or
disposition under the public land laws, including the mining and
mineral leasing laws, for a period of 2 years from the date of the
enactment of this subsection, for selection by the Elim Native
Corporation (hereinafter referred to as `Elim').
``(3) Authority To Select and Convey.--Elim is authorized to select
in accordance with the rules set out in this paragraph, 50,000 acres of
land (hereinafter referred to as `Conveyance Lands') within the
boundary of the Withdrawal Area described in paragraph (2). The
Secretary is authorized and directed to convey to Elim in fee the
surface and subsurface estates to 50,000 acres of valid selections in
the Withdrawal Area, subject to the covenants, reservations, terms and
conditions and other provisions of this subsection.
``(A) Elim shall have 2 years from the date of the enactment of
this subsection in which to file its selection of no more than
60,000 acres of land from the area described in paragraph (2). The
selection application shall be filed with the Bureau of Land
Management, Alaska State Office, shall describe a single tract
adjacent to United States Survey No. 2548, Alaska, and shall be
reasonably compact, contiguous, and in whole sections except when
separated by unavailable land or when the remaining entitlement is
less than a whole section. Elim shall prioritize its selections
made pursuant to this subsection at the time such selections are
filed, and such prioritization shall be irrevocable. Any lands
selected shall remain withdrawn until conveyed or full entitlement
has been achieved.
``(B) The selection filed by Elim pursuant to this subsection
shall be subject to valid existing rights and may not supercede
prior selections of the State of Alaska, any Native corporation, or
valid entries of any private individual unless such selection or
entry is relinquished, rejected, or abandoned prior to conveyance
to Elim.
``(C) Upon receipt of the Conveyance Lands, Elim shall have all
legal rights and privileges as landowner, subject only to the
covenants, reservations, terms and conditions specified in this
subsection.
``(D) Selection by Elim of lands under this subsection and
final conveyance of those lands to Elim shall constitute full
satisfaction of any claim of entitlement of Elim with respect to
its land entitlement.
``(4) Covenants, Reservations, Terms and Conditions.--The
covenants, reservations, terms and conditions set forth in this
paragraph and in paragraphs (5) and (6) with respect to the Conveyance
Lands shall run with the land and shall be incorporated into the
interim conveyance, if any, and patent conveying the lands to Elim.
``(A) Consistent with paragraph (3)(C) and subject to the
applicable covenants, reservations, terms and conditions contained
in this paragraph and paragraphs (5) and (6), Elim shall have all
rights to the timber resources of the Conveyance Lands for any use
including, but not limited to, construction of homes, cabins, for
firewood and other domestic uses on any Elim lands: Provided, That
cutting and removal of Merchantable Timber from the Conveyance
Lands for sale shall not be permitted: Provided further, That Elim
shall not construct roads and related infrastructure for the
support of such cutting and removal of timber for sale or permit
others to do so. `Merchantable Timber' means timber that can be
harvested and marketed by a prudent operator.
``(B) Public Land Order 5563 of December 16, 1975, which made
hot or medicinal springs available to other Native Corporations for
selection and conveyance, is hereby modified to the extent
necessary to permit the selection by Elim of the lands heretofore
encompassed in any withdrawal of hot or medicinal springs and is
withdrawn pursuant to this subsection. The Secretary is authorized
and directed to convey such selections of hot or medicinal springs
(hereinafter referred to as `hot springs') subject to applicable
covenants, reservations, terms and conditions contained in
paragraphs (5) and (6).
``(C) Should Elim select and have conveyed to it lands
encompassing portions of the Tubutulik River or Clear Creek, or
both, Elim shall not permit surface occupancy or knowingly permit
any other activity on those portions of land lying within the bed
of or within 300 feet of the ordinary high waterline of either or
both of these water courses for purposes associated with mineral or
other development or activity if they would cause or are likely to
cause erosion or siltation of either water course to an extent that
would significantly adversely impact water quality or fish habitat.
``(5) Rights Retained by the United States.--With respect to
conveyances authorized in paragraph (3), the following rights are
retained by the United States:
``(A) To enter upon the conveyance lands, after providing
reasonable advance notice in writing to Elim and after providing
Elim with an opportunity to have a representative present upon such
entry, in order to achieve the purpose and enforce the terms of
this paragraph and paragraphs (4) and (6).
``(B) To have, in addition to such rights held by Elim, all
rights and remedies available against persons, jointly or
severally, who cut or remove Merchantable Timber for sale.
``(C) In cooperation with Elim, the right, but not the
obligation, to reforest in the event previously existing
Merchantable Timber is destroyed by fire, wind, insects, disease,
or other similar manmade or natural occurrence (excluding manmade
occurrences resulting from the exercise by Elim of its lawful
rights to use the Conveyance Lands).
``(D) The right of ingress and egress over easements under
section 17(b) for the public to visit, for noncommercial purposes,
hot springs located on the Conveyance Lands and to use any part of
the hot springs that is not commercially developed.
``(E) The right to enter upon the lands containing hot springs
for the purpose of conducting scientific research on such hot
springs and to use the results of such research without
compensation to Elim. Elim shall have an equal right to conduct
research on the hot springs and to use the results of such research
without compensation to the United States.
``(F) A covenant that commercial development of the hot springs
by Elim or its successors, assigns, or grantees shall include the
right to develop only a maximum of 15 percent of the hot springs
and any land within \1/4\ mile of the hot springs. Such commercial
development shall not alter the natural hydrologic or thermal
system associated with the hot springs. Not less than 85 percent of
the lands within \1/4\ mile of the hot springs shall be left in
their natural state.
``(G) The right to exercise prosecutorial discretion in the
enforcement of any covenant, reservation, term or condition shall
not waive the right to enforce any covenant, reservation, term or
condition.
``(6) General.--
``(A) Memorandum of understanding.--The Secretary and Elim
shall, acting in good faith, enter into a Memorandum of
Understanding (hereinafter referred to as the `MOU') to implement
the provisions of this subsection. The MOU shall include among its
provisions reasonable measures to protect plants and animals in the
hot springs on the Conveyance Lands and on the land within \1/4\
mile of the hot springs. The parties shall agree to meet
periodically to review the matters contained in the MOU and to
exercise their right to amend, replace, or extend the MOU. Such
reviews shall include the authority to relocate any of the
easements set forth in subparagraph (D) if the parties deem it
advisable.
``(B) Incorporation of terms.--Elim shall incorporate the
covenants, reservations, terms and conditions, in this subsection
in any deed or other legal instrument by which it divests itself of
any interest in all or a portion of the Conveyance Lands, including
without limitation, a leasehold interest.
``(C) Section 17(b) easements.--The Bureau of Land Management,
in consultation with Elim, shall reserve in the conveyance to Elim
easements to the United States pursuant to subsection 17(b) that
are not in conflict with other easements specified in this
paragraph.
``(D) Other easements.--The Bureau of Land Management, in
consultation with Elim, shall reserve easements which shall include
the right of the public to enter upon and travel along the
Tubutulik River and Clear Creek within the Conveyance Lands. Such
easements shall also include easements for trails confined to foot
travel along, and which may be established along each bank of, the
Tubutulik River and Clear Creek. Such trails shall be 25 feet wide
and upland of the ordinary high waterline of the water courses. The
trails may deviate from the banks as necessary to go around man-
made or natural obstructions or to portage around hazardous
stretches of water. The easements shall also include one-acre sites
along the water courses at reasonable intervals, selected in
consultation with Elim, which may be used to launch or take out
water craft from the water courses and to camp in non-permanent
structures for a period not to exceed 24 hours without the consent
of Elim.
``(E) Inholders.--The owners of lands held within the exterior
boundaries of lands conveyed to Elim shall have all rights of
ingress and egress to be vested in the inholder and the inholder's
agents, employees, co-venturers, licensees, subsequent grantees, or
invitees, and such easements shall be reserved in the conveyance to
Elim. The inholder may not exercise the right of ingress and egress
in a manner that may result in substantial damage to the surface of
the lands or make any permanent improvements on Conveyance Lands
without the prior consent of Elim.
``(F) Iditarod trail.--The Bureau of Land Management may
reserve an easement for the Iditarod National Historic Trail in the
conveyance to Elim.
``(7) Implementation.--There are authorized to be appropriated such
sums as may be necessary to implement this subsection.''.
SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.
Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(h)(1)(C)(iii)) is amended by inserting before the
period at the end the following: ``, notwithstanding an adoption,
relinquishment, or termination of parental rights that may have altered
or severed the legal relationship between the gift donor and
recipient''.
SEC. 3. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(t)(2)) is amended by striking ``sole'' and all that follows
through ``Stock'' and inserting ``benefit of shareholders, Natives, and
descendants of Natives,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes appropriations.
Authorizes an Alaska Native to transfer Settlement Common Stock to a descendant notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the donor and recipient.
Redefines a Settlement Trust as any trust operated for the benefit of shareholders, Natives, and descendants of Natives (current law limits to stockholders). | {"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to restore certain lands to the Elim Native Corporation, and for other purposes."} | 2,899 | 92 | 0.366648 | 1.098401 | 0.537505 | 4.056338 | 36.183099 | 0.84507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Passenger Safety Act''.
SEC. 2. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Use of safety belts and child restraint systems by children
``(a) Definitions.--In this section:
``(1) Child safety restraint law.--The term `child safety
restraint law' means a State law that prohibits the driver of a
passenger motor vehicle from driving the vehicle when there is
in the vehicle a child under the age of 16 who does not have a
safety belt properly fastened around the child's body, except
in a case in which the child is under the age of 9 and is
properly secured in a child safety seat or other appropriate
restraint system in accordance with the instructions of the
manufacturer of the seat or system.
``(2) Child safety seat.--The term `child safety seat'
means a specially designed seating system (including a booster
seat) that--
``(A) meets the Federal motor vehicle safety
standards set forth in section 571.213 of title 49,
Code of Federal Regulations (or a successor
regulation); and
``(B) is permanently affixed to a passenger motor
vehicle or is affixed to a passenger motor vehicle by a
safety belt or a universal attachment system.
``(3) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated only on a rail.
``(4) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle with
motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed on a truck chassis or
with special features for occasional off-road operation.
``(5) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
``(6) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
vehicle.
``(7) Safety belt.--The term `safety belt' means--
``(A) with respect to any open-body passenger motor
vehicle, including any convertible, an occupant
restraint system consisting of a lap belt or a lap belt
and a detachable shoulder belt meeting applicable
Federal motor vehicle safety standards; and
``(B) with respect to any other passenger motor
vehicle, an occupant restraint system consisting of
integrated lap and shoulder belts meeting applicable
Federal motor vehicle safety standards.
``(b) Transfer of Funds.--
``(1) Fiscal year 2005.--
``(A) In general.--On October 1, 2004, if a State
has not enacted a child safety restraint law, the
Secretary shall transfer an amount equal to 4 percent
of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section
402 to be used to implement a statewide comprehensive
child and other passenger protection education program
to promote child and other passenger safety.
``(B) Elements of program.--An education program
under subparagraph (A) shall include--
``(i) instruction concerning proper seating
positions for children in airbag-equipped motor
vehicles; and
``(ii) instruction designed to increase the
proper use of child restraint systems.
``(2) Fiscal year 2006.--On October 1, 2005, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 6 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1).
``(3) Fiscal year 2007.--On October 1, 2006, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 8 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1).
``(4) Fiscal year 2008 and thereafter.--On October 1, 2007,
and each October 1 thereafter, if a State has not enacted a
child safety restraint law, the Secretary shall transfer an
amount equal to 10 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under
section 402 to be used as described in paragraph (1).
``(c) Federal Share.--The Federal share of the cost of a project
carried out with funds transferred under subsection (b) shall be 100
percent.
``(d) Derivation of Amount To Be Transferred.--An amount to be
transferred under subsection (b) may be derived from 1 or more of the
following:
``(1) The apportionment of the State under section
104(b)(1).
``(2) The apportionment of the State under section
104(b)(3).
``(3) The apportionment of the State under section
104(b)(4).
``(e) Transfer of Obligation Authority.--
``(1) In general.--If the Secretary transfers under
subsection (b) any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer an
amount, determined under paragraph (2), of obligation authority
distributed for the fiscal year to the State for Federal-aid
highways and highway safety construction programs for carrying
out projects under section 402.
``(2) Amount.--The amount of obligation authority referred
to in paragraph (1) shall be determined by multiplying--
``(A) the amount of funds transferred under
subsection (b) to the apportionment of the State under
section 402 for the fiscal year; by
``(B) the ratio that--
``(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
``(f) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs under section 402 shall
apply to funds transferred under this section to the apportionment of a
State under section 402.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by adding at the end the
following:
``165. Use of safety belts and child restraint systems by children.''. | Child Passenger Safety Act - Requires the Secretary of Transportation, if by October 1 of years beginning in 2004 a State has not enacted a child safety restraint law, to transfer specified percentages of Federal-aid highway funds from specified State apportionments to the apportionment for highway safety, to be used to implement a statewide comprehensive child and other passenger protection education program. Requires such a program to include instruction concerning proper seating positions for children in air bag equipped motor vehicles and instruction designed to increase the proper use of child restraint systems. Defines a "child safety restraint law" as one that prohibits driving a motor vehicle if a passenger under age 16 is not properly secured by a safety belt, unless the passenger is under age nine and is properly secured in a child safety seat. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to promote the use of safety belts and child restraint systems by children, and for other purposes."} | 1,699 | 192 | 0.545209 | 1.425909 | 0.587117 | 3.202703 | 10.22973 | 0.878378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Employment Opportunity
Complaint Data Disclosure Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency'' means an Executive agency, a
military department, the United States Postal Service, the
Postal Rate Commission, and any other governmental entity
(within the jurisdiction of the Equal Employment Opportunity
Commission) which the Commission may by regulation specify, but
does not include the General Accounting Office;
(2) the term ``basis of alleged discrimination'' shall have
the meaning given such term under section 5; and
(3) the term ``issue of alleged discrimination'' shall have
the meaning given such term under section 5.
SEC. 3. DATA TO BE POSTED BY EMPLOYING AGENCIES.
(a) In General.--Each agency shall post on its public Web site, in
the time, form, and manner prescribed under section 5 (in conformance
with the requirements of this section), summary statistical data
relating to equal employment opportunity complaints filed with such
agency by employees or former employees of, or applicants for
employment with, such agency.
(b) Content Requirements.--The data posted by an agency under this
section shall include, for the then current fiscal year, the following:
(1) The number of complaints filed with the agency in such
fiscal year.
(2) The number of individuals filing those complaints
(including as the agent of a class).
(3) The number of individuals who filed 2 or more of those
complaints.
(4) The number of complaints (described in paragraph (1))
in which each of the various bases of alleged discrimination is
alleged.
(5) The number of complaints (described in paragraph (1))
in which each of the various issues of alleged discrimination
is alleged.
(6) The average length of time, for each step of the
process, it is taking the agency to process complaints (taking
into account all complaints pending for any length of time in
such fiscal year, whether first filed in such fiscal year or
earlier). Average times under this paragraph shall be posted--
(A) for all such complaints;
(B) for all such complaints in which a hearing
before an administrative judge of the Equal Employment
Opportunity Commission is not requested; and
(C) for all such complaints in which a hearing
before an administrative judge of the Equal Employment
Opportunity Commission is requested.
(7) The total number of final agency actions rendered in
such fiscal year involving a finding of discrimination and, of
that number--
(A) the number and percentage that were rendered
without a hearing before an administrative judge of the
Equal Employment Opportunity Commission; and
(B) the number and percentage that were rendered
after a hearing before an administrative judge of the
Equal Employment Opportunity Commission.
(8) Of the total number of final agency actions rendered in
such fiscal year involving a finding of discrimination--
(A) the number and percentage involving a finding
of discrimination based on each of the respective bases
of alleged discrimination; and
(B) of the number specified under subparagraph (A)
for each of the respective bases of alleged
discrimination--
(i) the number and percentage that were
rendered without a hearing before an
administrative judge of the Equal Employment
Opportunity Commission; and
(ii) the number and percentage that were
rendered after a hearing before an
administrative judge of the Equal Employment
Opportunity Commission.
(9) Of the total number of final agency actions rendered in
such fiscal year involving a finding of discrimination--
(A) the number and percentage involving a finding
of discrimination in connection with each of the
respective issues of alleged discrimination; and
(B) of the number specified under subparagraph (A)
for each of the respective issues of alleged
discrimination--
(i) the number and percentage that were
rendered without a hearing before an
administrative judge of the Equal Employment
Opportunity Commission; and
(ii) the number and percentage that were
rendered after a hearing before an
administrative judge of the Equal Employment
Opportunity Commission.
(10)(A) Of the total number of complaints pending in such
fiscal year (as described in the parenthetical matter in
paragraph (6)), the number that were first filed before the
start of the then current fiscal year.
(B) With respect to those pending complaints that were
first filed before the start of the then current fiscal year--
(i) the number of individuals who filed those
complaints; and
(ii) the number of those complaints which are at
the various steps of the complaint process.
(c) Timing and Other Requirements.--
(1) Current year data.--Data posted under this section for
the then current fiscal year shall include both--
(A) interim year-to-date data, updated monthly; and
(B) final year-end data.
(2) Data for prior years.--The data posted by an agency
under this section for a fiscal year (both interim and final)
shall also include, for each item under subsection (b), such
agency's corresponding year-end data for each of the 5
immediately preceding fiscal years (or, if not available for
all 5 years, for however many of those 5 years for which they
are available).
SEC. 4. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION.
(a) In General.--The Equal Employment Opportunity Commission shall
post on its public Web site, in the time, form, and manner prescribed
under section 5 for purposes of this section, summary statistical data
relating to--
(1) hearings requested before an administrative judge of
the Commission on complaints described in section 3; and
(2) appeals filed with the Commission from final agency
actions on complaints described in section 3.
(b) Specific Requirements.--The data posted under this section
shall, with respect to the hearings and appeals described in subsection
(a), include summary statistical data corresponding to that described
in paragraphs (1) through (10) of section 3(b), and shall be subject to
the same timing and other requirements as set forth in section 3(c).
(c) Coordination.--The data required under this section shall be in
addition to the data the Commission is required to post under section 3
as an employing agency.
SEC. 5. REGULATIONS.
The Equal Employment Opportunity Commission shall prescribe any
regulations necessary to carry out this Act.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of
this Act. | Directs the Equal Employment Opportunity Commission to post on its public Web site summary statistical data relating to: (1) hearings requested before an administrative judge of the Commission on such complaints; and (2) appeals filed with the Commission from final agency actions on such complaints. | {"src": "billsum_train", "title": "Equal Employment Opportunity Complaint Data Disclosure Act"} | 1,405 | 53 | 0.62811 | 1.518405 | 1.251447 | 6.096154 | 26.461538 | 0.980769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Future Educators Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``dual or concurrent
enrollment program'', ``elementary school'', ``local
educational agency'', and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Certified teacher.--The term ``certified teacher''
means an individual who possesses a document certifying that
the individual has met the requirements of a State for
employment as a teacher in the public schools of that State.
(3) Eligible entity.--The term ``eligible entity'' means a
local educational agency (or a consortium of such agencies)
partnered with an institution of higher education.
(4) Qualified mentor teacher.--The term ``qualified mentor
teacher'' means an educator who meets a minimum set of
qualification standards as determined by the Secretary.
(5) Teaching residency program.--The term ``teaching
residency program'' has the meaning given the term in section
200 of the Higher Education Act of 1965 (20 U.S.C. 1021),
except that such term shall not include the requirement that
the prospective teacher acquire a master's degree not later
than 18 months after beginning the program.
(6) Rural area.--The term ``rural area'' has the meaning
given the term in section 343(a)(13)(A) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(A)).
(7) Rural school district.--The term ``rural school
district'' means a school district that serves 1 or more
schools located in a rural area.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3. STRENGTHEN-OUR-SCHOOLS GRANT PROGRAM.
(a) Strengthen-Our-Schools Grant Program Established.--
(1) Grants authorized.--From amounts appropriated to carry
out this section, the Secretary shall establish a Strengthen-
Our-Schools Grant Program, through which the Secretary shall
award grants, on a competitive basis, to eligible entities.
(2) Duration.--A grant awarded under this section--
(A) shall be for a period of 5 years; and
(B) may be renewed if the eligible entity
demonstrates sufficient positive outcomes and evidence
of potential for continued success in achieving the
goals of the initial grant.
(b) Application and Approval.--
(1) Application.--
(A) In general.--An eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
(B) Contents.--An application submitted under
subparagraph (A) shall--
(i) describe the activities for which
assistance under this section is sought;
(ii) provide such additional assurances as
the Secretary determines to be essential to
ensure compliance with the requirements of this
section; and
(iii) if seeking support for a teaching
residency program, demonstrate that the
institution of higher education that is a
partner in the eligible entity is approved to
prepare candidates for State teaching
licensure.
(2) Approval.--The Secretary shall approve any application
for a program that includes the components described in
paragraph (1).
(c) Use of Funds.--A recipient of a grant under this section may
use the grant fund to help cover the costs associated with--
(1) teaching residency programs, including--
(A) resident tuition;
(B) resident salaries;
(C) mentor teacher incentives;
(D) facilities or infrastructure for a distance
learning classroom within the school for onsite
coursework and practical learning; and
(E) any other purpose that the Secretary determines
appropriate.
(2) fulfilling additional credit requirements needed for a
teacher to become licensed in a second subject area or earn an
additional qualification that meets a specific need of the
school in which the teacher is employed;
(3) fulfilling additional credit requirements needed to
qualify teachers to teach dual or concurrent enrollment
programs; and
(4) housing supplements or special housing programs to
support prospective teachers who complete student teaching
placements in high-need districts.
(d) Priority.--In awarding grants that propose to cover costs
associated with teacher residency programs, the Secretary shall give
priority to eligible entities that propose to carry out a program
designed to prepare the following school employees for teaching
licensure:
(1) Paraprofessionals.
(2) Other employees of the school community employed on the
date of the determination.
(e) Award Basis.--In awarding grants under this section, the
Secretary shall ensure that, to the extent practicable based on the
applications received under subsection (b), not less than 10 percent of
the grant funds available to carry out this section are designated for
uses that address teacher shortage challenges in rural school
districts.
SEC. 4. NATIONAL DATABASE OF QUALIFIED MENTOR TEACHERS.
(a) In General.--The Secretary shall create a national database of
qualified mentor teachers who can provide student teacher supervision
to participants in teacher preparation programs during their student
teaching placement.
(b) Database.--Each qualified mentor teacher database entry shall
include--
(1) basic information on the educational background and
professional experience of the mentor, including details of the
subject areas and grade levels the mentor is licensed to teach;
(2) a description of the subject areas and grade levels the
mentor feels most comfortable mentoring; and
(3) a brief teaching philosophy statement.
(c) Availability.--The database shall be available as a resource
for teacher preparation programs to allow for prospective teachers to
complete student teaching in a location outside of the staffing area of
the teacher preparation program.
SEC. 5. SENSE OF THE SENATE.
It is the sense of the Senate that teaching be formally recognized
as a career pathway that is part of ``career and technical education''
as defined in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302), allowing early career pathway
programs in education, offered at the secondary school level and
offering college credit toward pursuing a teaching licensure program,
to be eligible for funds available through programs that support career
and technical education. | Supporting Future Educators Act of 2017 This bill requires the Department of Education (ED) to establish the Strengthen-Our-Schools Grant Program, which shall award competitive, renewable five-year grants to local education agencies to fund: teaching residency programs, including distance-learning facilities or infrastructure, mentor teacher incentives, resident salaries, and resident tuition; additional credit requirements for a teacher to become licensed in a second subject area or earn an additional qualification that meets a specific need of the school; additional credit requirements needed to qualify teachers to teach dual or concurrent enrollment programs; and housing supplements or special housing programs to support prospective teachers in high-need districts. Not less than 10% of available grant funds shall be directed to programs that address teacher shortages in rural school districts. ED must create a national database of qualified mentor teachers who can provide student-teacher supervision to participants in teacher preparation programs. | {"src": "billsum_train", "title": "Supporting Future Educators Act of 2017"} | 1,418 | 211 | 0.526823 | 1.501303 | 0.719696 | 4.154286 | 7.382857 | 0.897143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vegetable Ink Printing Act of
1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) More than 95 percent of Federal printing involving
documents or publications is performed using lithographic inks.
(2) Various types of oil, including petroleum and vegetable
oil, are used in lithographic ink.
(3) Increasing the amount of vegetable oil used in a
lithographic ink would--
(A) help reduce the Nation's use of nonrenewable energy
resources;
(B) result in the use of products that are less damaging to
the environment;
(C) result in a reduction of volatile organic compound
emissions; and
(D) increase the use of renewable agricultural products.
(4) The technology exists to use vegetable oil in lithographic
ink and, in some applications, to use lithographic ink that uses no
petroleum distillates in the liquid portion of the ink.
(5) Some lithographic inks have contained vegetable oils for
many years; other lithographic inks have more recently begun to use
vegetable oil.
(6) According to the Government Printing Office, using
vegetable oil-based ink appears to add little if any additional
cost to Government printing.
(7) Use of vegetable oil-based ink in Federal Government
printing should further develop--
(A) the commercial viability of vegetable oil-based ink,
which could result in demand, for domestic use alone, for
2,500,000,000 pounds of vegetable crops or 500,000,000 pounds
of vegetable oil; and
(B) a product that could help the United States retain or
enlarge its share of the world market for vegetable oil-ink.
(b) Purpose.--The purpose of this Act is to require that all
lithographic printing using ink containing oil that is performed or
procured by a Federal agency shall use ink containing the maximum
amounts of vegetable oil and materials derived from other renewable
resources that--
(1) are technologically feasible, and
(2) result in printing costs that are competitive with printing
using petroleum-based inks.
SEC. 3. FEDERAL PRINTING REQUIREMENTS.
(a) General Rule.--Notwithstanding any other law, and except as
provided in subsection (b), a Federal agency may not perform or procure
lithographic printing that uses ink containing oil if the ink contains
less than the following percentage of vegetable oil:
(1) In the case of news ink, 40 percent.
(2) In the case of sheet-fed ink, 20 percent.
(3) In the case of forms ink, 20 percent.
(4) In the case of heat-set ink, 10 percent.
(b) Exceptions.--
(1) Exceptions.--Subsection (a) shall not apply to lithographic
printing performed or procured by a Federal agency, if--
(A) the head of the agency determines, after consultation
with the Public Printer and within the 3-year period ending on
the date of the commencement of the printing or the date of
that procurement, respectively, that vegetable oil-based ink is
not suitable to meet specific, identified requirements of the
agency related to the printing; or
(B) the Public Printer determines--
(i) within the 3-month period ending on the date of the
commencement of the printing, in the case of printing of
materials that are printed at intervals of less than 6
months, or
(ii) before the date of the commencement of the
printing, in the case of printing of materials that are
printed at intervals of 6 months or more;
that the cost of performing the printing using vegetable oil-
based ink is significantly greater than the cost of performing
the printing using other available ink.
(2) Notice to congress.--Not later than 30 days after making a
determination under paragraph (1)(A), the head of a Federal agency
shall report the determination to the Committee on Government
Operations and the Committee on House Administration of the House
of Representatives, and the Committee on Rules of the Senate.
(c) Federal Agency Defined.--In this Act, the term ``Federal
agency'' means--
(1) an executive department, military department, Government
corporation, Government-controlled corporation, or other
establishment in the executive branch of the Government (including
the Executive Office of the President), or any independent
regulatory agency; and
(2) an establishment or component of the legislative or
judicial branch of the Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Vegetable Ink Printing Act of 1994 - Prohibits any Federal agency from performing or procuring lithographic printing using ink containing oil if the ink contains less than a specified percentage of vegetable oil.
Provides for waiver of such prohibition (allowing the use of petroleum-based ink) in certain circumstances for considerations of suitability or cost. | {"src": "billsum_train", "title": "Vegetable Ink Printing Act of 1994"} | 1,000 | 81 | 0.64501 | 1.786609 | 0.854949 | 2.311475 | 15.47541 | 0.803279 |
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