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SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Dolphin-Safe
Fishing Act''.
(b) References to Marine Mammal Protection 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 Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The provisions of the Marine Mammal Protection Act of
1972 that impose a ban on imports from nations that fish for
tuna in the eastern tropical Pacific Ocean and the provisions
of that Act that prescribe the conditions under which tuna may
be labeled as ``dolphin-safe'' have served as a powerful
incentive to reduce the incidence of chasing and netting
dolphins and the incidence of dolphin mortalities.
(2) The American public has come to rely on the integrity
of the dolphin-safe labeling regime, and that requirements of
that regime have been an effective means of promoting dolphin
conservation through education and market mechanisms.
(3) In response to United States dolphin conservation
efforts, in 1993 the Inter-American Tropical Tuna Commission
initiated an international dolphin conservation program that
has helped to significantly reduce dolphin mortalities and
regulate the harvest of yellowfin tuna in the eastern tropical
Pacific Ocean by vessels chasing and netting dolphins.
(b) Purposes.--The purposes of this Act are the following:
(1) To recognize that individual tuna fishermen fishing in
the eastern tropical Pacific Ocean have made efforts to reduce,
and in some cases eliminate, the practice of harvesting
yellowfin tuna by chasing and netting dolphins.
(2) To eliminate the ban on imports of dolphin-safe tuna
harvested by vessels in the eastern tropical Pacific Ocean that
are in compliance with the requirements of the Inter-American
Tropical Tuna Commission and the Intergovernmental Agreement on
the Conservation of Tunas and Dolphins in the Eastern Pacific
Ocean, otherwise known as the ``La Jolla Agreement''.
(3) To strengthen the effectiveness of the dolphin-safe
label to ensure that the label is not being used on tuna
products that contain tuna harvested on a voyage in which
dolphins were chased and netted, killed, or seriously injured.
(4) To encourage the contracting parties of the Inter-
American Tropical Tuna Commission to adopt a program to--
(A) require that any sea turtles or other
threatened species or endangered species harvested in
the eastern tropical Pacific Ocean in the course of
fishing for tuna be released when alive;
(B) reduce the harvest of nontarget species in the
yellowfin tuna fishery; and
(C) eliminate, to the maximum extent possible, the
mortality of nontarget species in the yellowfin tuna
fishery.
SEC. 3. AMENDMENTS TO TITLE I COMPARABILITY EMBARGO PROVISIONS.
(a) Authorization of Importation.--Section 101(a) (16 U.S.C.
1371(a)) is amended--
(1) by striking so much of paragraph (2) as follows
subparagraph (A) and as precedes subparagraph (C) and inserting
the following:
``(B) in the case of yellowfin tuna harvested with
purse seine nets in the eastern tropical Pacific Ocean,
and products therefrom, to be exported to the United
States--
``(i) shall require that the government of
exporting nation provide documentary evidence
that--
``(I) the tuna or products
therefrom do not consist of or contain,
respectively, tuna harvested on a
voyage on which dolphins were chased,
netted, killed, or seriously injured;
``(II) the tuna was harvested after
the effective date of the Dolphin-Safe
Fishing Act solely by a vessel that, at
the time the tuna was harvested, was
registered in a nation that is party to
the Intergovernmental Agreement on the
Conservation of Tunas and Dolphins in
the Eastern Pacific Ocean (in this
paragraph referred to as the `La Jolla
Agreement'), and was operating in
compliance with that agreement, except
that in lieu of the mortalities
specified in the agreement, dolphin
mortalities shall not exceed the total
observed 1996 mortality; and
``(III) such vessels have not had
major fines or penalties recommended by
the La Jolla Agreement's
Intergovernmental Review Panel which
were not paid or adjudicated within 6
months after the date of
recommendation; and
``(ii) shall ban the importation of such
tuna and products in a year from a country,
unless the Secretary has certified--
``(I) for importation in 1998, that
the total observed dolphin mortality in
1997 in fishing operations in the
Eastern Pacific Ocean by vessels
registered in that country did not
exceed the total observed dolphin
mortality in 1996;
``(II) for importation in each year
thereafter, that the total observed
dolphin mortality in the preceding year
in such fishing operations ensures that
steady progress is being made by the
Inter-American Tropical Tuna Commission
to achieve the La Jolla Agreement's
commitment and objective of
progressively reducing observed dolphin
mortality to levels approaching zero
through the setting of annual limits
and the goal of eliminating dolphin
mortality; and
``(III) that tuna fishing vessels
registered in that county are not
involved in any way in the transport of
illegal drugs.''.
(b) Acceptance of Evidence of Coverage.--Section 101 (16 U.S.C.
1371) is amended by adding at the end the following new subsection:
``(d) Acceptance of Documentary Evidence.--The Secretary shall not
consider information provided for yellowfin tuna harvested by a vessel
to be documentary evidence required by subsection (a)(2)(B)(i) if the
government of the country in which the vessel is registered does not
provide to the Secretary, or authorize the Inter-American Tropical Tuna
Commission to provide to the Secretary, complete and accurate
information necessary to allow the Secretary to determine whether or
not the vessel is in compliance with the Intergovernmental Agreement
on the Conservation of Tunas and Dolphins in the Eastern Pacific
Ocean.''.
SEC. 4. AMENDMENTS TO TITLE III GLOBAL MORATORIUM PROVISIONS.
(a) Findings.--Section 301(a)(4) (16 U.S.C. 1411(a)(4)) is amended
to read as follows:
``(4) Nations harvesting yellowfin tuna in the eastern
tropical Pacific Ocean have demonstrated their willingness to
participate in appropriate multilateral agreements to reduce,
with the goal of eliminating, dolphin mortality in that
fishery. Recognition that persons fishing in the eastern
tropical Pacific Ocean have made efforts to reduce, and in some
cases eliminate, the practice of harvesting yellowfin tuna by
chasing and netting dolphins will assure that the existing
trend of reduced dolphin mortality continues and will increase
the likelihood that the practice of chasing and netting
dolphins is eliminated.''.
(b) Prohibitions.--Section 307 (16 U.S.C. 1417) is amended--
(1) in subsection (a)(2), by striking ``intentionally'' and
all that follows through ``except--'' and inserting
``intentionally chase and net any dolphin in any tuna fishing
operation, except--'';
(2) by amending subsection (a)(3) to read as follows:
``(3) for any person to import any yellowfin tuna or
yellowfin tuna product or any other fish or fish product in
violation of a ban on importation imposed under section
101(a)(2);''; and
(3) in subsection (b)(2), by striking ``subsection (a)(6)''
and inserting ``subsection (a)(5) and (6)''.
(c) Dolphin Safe Standard.--Section 307(d) (16 U.S.C. 1417(d)) is
amended by striking paragraphs (2), (3), and (4) and inserting the
following:
``(2) in the case of a tuna product that contains tuna
referred to in paragraph (1)(B), (C), or (D) of section 901(d)
of the Dolphin Protection Consumer Information Act, it is
dolphin safe under, respectively, paragraph (2), (3), or (4) of
that section; or
``(3) in the case of tuna referred to in paragraph (1)(B),
(C), or (D) of section 901(d) of the Dolphin Protection
Consumer Information Act, the export or offering for sale of a
tuna product containing that tuna would not, by reason of the
presence of the tuna in that product, be a violation under that
section.''.
SEC. 5. DOLPHIN SAFE LABELING STANDARDS.
Section 901(d) of the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385(d)) is amended to read as follows:
``(d) Labeling Standard.--(1) It is a violation of section 5 of the
Federal Trade Commission Act for any producer, importer, exporter,
distributor, or seller of any tuna product that is exported from or
offered for sale in the United States to include on the label of that
product the term `Dolphin Safe' or any other term or symbol that
falsely claims or suggests that the tuna contained in the product was
harvested using a method of fishing that is not harmful to dolphins,
if--
``(A) the tuna product contains tuna harvested on the high
seas by a vessel engaged in driftnet fishing;
``(B) the tuna product contains tuna harvested in the
eastern tropical Pacific Ocean by a vessel using purse seine
nets, unless the tuna product is dolphin safe under paragraph
(2);
``(C) the tuna product contains tuna harvested outside the
eastern tropical Pacific Ocean by a fishing vessel using purse
seine nets, unless the tuna product is dolphin safe under
paragraph (3); or
``(D) the tuna product contains tuna harvested outside the
eastern tropical Pacific Ocean by a fishing vessel not using
purse seine nets while engaged in any fishery identified by the
Secretary as having a regular and significant incidental
mortality or serious injury of marine mammals, unless the tuna
product is dolphin safe under paragraph (4).
``(2) For purposes of paragraph (1)(B), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if--
``(A) the vessel is of a type and size that the Secretary
has determined is not capable of chasing and netting, killing,
or seriously injuring dolphins and cannot accommodate an
observer on board during a tuna fishing voyage; or
``(B)(i) the product is accompanied by a written statement
executed by the captain of the vessel which harvested the tuna
certifying that no dolphins were netted, killed, or seriously
injured on the voyage in which the tuna were harvested;
``(ii) the product is accompanied by a written statement
executed by--
``(I) the Secretary or the Secretary's designee, or
``(II) a representative of the Inter-American
Tropical Tuna Commission,
which states that there was an approved observer on board the
vessel during the entire voyage and that no dolphins were
chased and netted, killed, or seriously injured on the voyage
in which the tuna was harvested; and
``(iii) the statements referred to in clauses (i) and (ii)
are endorsed in writing by each exporter, importer, and
processor of the product.
``(3) For purposes of paragraph (1)(C), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if--
``(A) it is accompanied by a written statement executed by
the captain of the vessel certifying that no dolphins were
chased and netted, killed, or seriously injured during the
particular voyage on which the tuna was harvested; or
``(B) in the case of a tuna product that contains tuna
harvested in a fishery in which the Secretary has determined
that a regular and significant association occurs between
marine mammals and tuna, it is accompanied by a written
statement executed by the captain of the vessel and an
observer, certifying that no dolphins were chased and netted,
killed, or seriously injured on the particular voyage on which
the tuna was harvested.
``(4) For the purposes of paragraph (1)(D), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if it is
accompanied by a written statement executed by the captain of the
vessel and, where determined to be practicable by the Secretary, an
observer participating in a national or international program
acceptable to the Secretary certifying that no marine mammals were
killed or seriously injured in the course of the fishing operation or
operations in which the tuna were caught.
``(5) The Secretary shall on a regular basis identify and publish a
list of tuna fisheries that have a regular and significant incidental
mortality or serious injury of marine mammals.''.
SEC. 6. REDUCTION OF BYCATCH IN EASTERN TROPICAL PACIFIC OCEAN.
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 951 et seq.)
is amended by adding at the end the following new section:
``reduction of bycatch in eastern tropical pacific ocean
``Sec. 13. The Secretary of State, acting through the
Commissioners, shall immediately take the necessary actions to ensure
that the Commission adopts a bycatch reduction program for those
vessels fishing for yellowfin tuna in the eastern tropical Pacific
Ocean. Such program shall include, at a minimum--
``(1) that all sea turtles and other threatened species and
endangered species are released alive;
``(2) measures to reduce, to the maximum extent possible,
the harvest of nontarget species; and
``(3) measures to eliminate, to the maximum extent
possible, the mortality of nontarget species.''.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS TO INTER-AMERICAN TROPICAL
TUNA COMMISSION.
(a) Sense of Congress.--It is the sense of the Congress that each
nation participating in the International Dolphin Conservation Program
should contribute an equitable amount for payment of the expenses of
the Inter-American Tropical Tuna Commission, and that currently, the
United States is paying an inequitable share of the Inter-American
Tropical Tuna Commission's budget and expenses.
(b) Determination of Amount.--In determining the amount to be paid
by the United States as its contribution toward the expenses of the
Inter-American Tropical Tuna Commission, the Secretary of State shall
take into account the number of vessels participating in the eastern
tropical Pacific Ocean yellowfin tuna fishery, the consumption within
the United States of tuna and tuna products from the eastern tropical
Pacific Ocean, and other relevant factors as determined by the
Secretary.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
promulgation by the Secretary of Commerce implementing the provisions
of this Act. | Dolphin-Safe Fishing Act - Amends the Marine Mammal Protection Act of 1972 to modify the requirements for the importation into the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific ocean.
Makes it unlawful to: (1) intentionally chase and net any dolphin in any tuna fishing operation (currently, intentionally set a purse seine net on or to encircle any marine mammal during tuna fishing), subject to exception; or (2) import any fish or fish product in violation of an importation ban under provisions relating to the practices used on the voyage involved (currently, a ban under provisions relating to imports from a country that fails to implement certain tuna-harvesting commitments).
Changes the circumstances in which tuna or a tuna product is dolphin safe and the circumstances in which, under the Federal Trade Commission Act, it may be so labeled.
Amends the Atlantic Tunas Convention Act of 1975 to mandate actions to ensure adoption of a bycatch reduction program.
Declares that it is the sense of the Congress that each nation participating in the International Dolphin Conservation Program should contribute an equitable amount to the expenses of the Inter-American Tropical Tuna Commission and that the United States is currently paying an inequitable share. Directs the Secretary of State, in determining the U.S. amount, to consider certain factors. | {"src": "billsum_train", "title": "Dolphin-Safe Fishing Act"} | 3,392 | 302 | 0.644431 | 1.927027 | 0.736685 | 3.175097 | 11.902724 | 0.894942 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Tribute to Constance
Baker Motley Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Constance Baker Motley was born in 1921, in New Haven,
Connecticut, the daughter of immigrants from the Caribbean
island of Nevis.
(2) In 1943, Constance Baker Motley graduated from New York
University with a Bachelor of Arts degree in economics.
(3) Upon receiving a law degree from Columbia University in
1946, Constance Baker Motley became a staff attorney at the
National Association for the Advancement of Colored People
Legal Defense and Educational Fund, Inc., and fought tirelessly
for 2 decades alongside Thurgood Marshall and other leading
civil rights lawyers to dismantle segregation throughout the
country.
(4) Constance Baker Motley was the only female attorney on
the legal team that won the landmark desegregation case, Brown
v. Board of Education.
(5) Constance Baker Motley argued 10 major civil rights
cases before the Supreme Court, winning all but one, including
the case brought on behalf of James Meredith challenging the
University of Mississippi's refusal to admit him.
(6) Constance Baker Motley's only loss before the United
States Supreme Court was in Swain v. Alabama, a case in which
the Court refused to proscribe race-based peremptory challenges
in cases involving African-American defendants, and which was
later reversed in Batson v. Kentucky on grounds that had been
largely asserted by Constance Baker Motley in the Swain case.
(7) In 1964, Constance Baker Motley became the first
African-American woman elected to the New York State Senate.
(8) In 1965, Constance Baker Motley became the first
African-American woman, and the first woman, to serve as
president of the Borough of Manhattan.
(9) Constance Baker Motley, in her capacity as an elected
public official in New York, continued to fight for civil
rights, dedicating herself to the revitalization of the inner
city and improvement of urban public schools and housing.
(10) In 1966, Constance Baker Motley was appointed by
President Johnson as a United States District Court Judge for
the Southern District of New York.
(11) The appointment of Constance Baker Motley made her the
first African-American woman, and only the fifth woman,
appointed and confirmed for a Federal judgeship.
(12) In 1982, Constance Baker Motley was elevated to Chief
Judge of the United States District Court for the Southern
District of New York, the largest Federal trial court in the
United States.
(13) Constance Baker Motley assumed senior status in 1986,
and continued serving with distinction for nearly 2 decades.
(14) Constance Baker Motley passed away on September 28,
2005, and is survived by her husband Joel Wilson Motley Jr.,
their son, Joel Motley III, her 3 grandchildren, her brother,
Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice
Royster, and Marian Green, of New Haven, Connecticut.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President Pro Tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the posthumous presentation, on
behalf of Congress, of a gold medal of appropriate design in
commemoration of Constance Baker Motley, in recognition of her enduring
contributions and service to the United States.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3 at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
(a) National Medal.--The medal struck under this Act is a national
medal for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all duplicate medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund, such
sums as may be necessary to pay for the cost of the medals struck under
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Congressional Tribute to Constance Baker Motley Act of 2006 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. | {"src": "billsum_train", "title": "A bill to posthumously award a congressional gold medal to Constance Baker Motley."} | 1,119 | 88 | 0.504294 | 1.498071 | 0.164015 | 8.626866 | 14.970149 | 0.985075 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Compliance and
Affordability Act''.
SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH
FRAMEWORK.
(a) In General.--In the first 5 fiscal years beginning after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with appropriate State, local, and
regional authorities, shall carry out a pilot program under which the
Administrator shall work cooperatively with and facilitate the efforts
of eligible municipalities to develop and implement integrated plans to
meet wastewater and stormwater obligations of the eligible
municipalities under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) in a more cost-effective and flexible manner.
(b) Framework.--The Administrator shall carry out the pilot program
in a manner that is consistent with the Integrated Municipal Stormwater
and Wastewater Approach Framework issued by the Environmental
Protection Agency and dated May 2012.
(c) Selection of Eligible Municipalities.--
(1) In general.--The Administrator, in consultation with
States that have approved National Pollutant Discharge
Elimination System programs, shall select not less than 15
eligible municipalities to participate in the pilot program.
(2) Eligible municipality.--An eligible municipality is a
county, city, town, township, or subdivision of a State or
local government that--
(A) qualifies as a National Pollutant Discharge
Elimination System permit holder or designee; or
(B) is a party to an administrative order,
administrative consent agreement, or judicial consent
decree to comply with the requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) Selection factors.--
(A) In general.--In selecting the eligible
municipalities to participate in the pilot program, the
Administrator shall give priority to--
(i) eligible municipalities that are
operating under an administrative order,
administrative consent agreement, or judicial
consent decree to comply with the requirements
of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) eligible municipalities that are
affected by affordability constraints in
planning and implementing control measures to
address wet weather discharges from wastewater
and stormwater facilities of the eligible
municipalities; and
(iii) eligible municipalities with a
history of knowledgeable, detailed, and
comprehensive efforts to develop integrated and
adaptive clean water management practices.
(B) Use of adaptive management approaches.--In
selecting eligible municipalities to participate in the
pilot program, the Administrator may give priority to
an eligible municipality that is seeking to develop and
implement an integrated plan that includes adaptive
approaches to account for changed or future uncertain
circumstances, including--
(i) the use of new innovative technical or
institutional approaches; and
(ii) the ability to adapt the integrated
plan in response to new regulatory requirements
and reductions in financial capability.
(d) Approval of Integrated Plans.--
(1) In general.--In approving the integrated plan of an
eligible municipality under the pilot program established under
subsection (a), the Administrator shall--
(A) account for the financial capability of the
eligible municipality to adequately address the
requirements of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) that apply to the eligible
municipality;
(B) prioritize the obligations of the eligible
municipality under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) according to the most
cost-effective and environmentally beneficial outcomes;
(C) account for the maintenance, operational, and
regulatory obligations of the eligible municipality;
and
(D) enable the eligible municipality to implement
innovative and flexible approaches to meet the
obligations of the eligible municipality under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(2) Additional authorities.--In carrying out the pilot
program established under subsection (a), the Administrator
may, in full coordination and mutual agreement with an eligible
municipality selected to participate in the pilot program--
(A) extend the allowable national pollutant
discharge elimination system permit term under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) to a maximum of 25 years, and make
corresponding changes to any associated implementation
schedule;
(B) modify the implementation terms of a consent
decree entered into by the eligible municipality with
the Administrator pursuant to that Act; and
(C) provide additional regulatory flexibility under
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) in approving and implementing an integrated
plan that includes adaptive approaches in order to
encourage the innovation integral to such approaches.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Administrator shall submit to Congress a report on the results of the
pilot program established under subsection (a), including a description
of the specific outcomes expected to be achieved that will reduce the
costs of complying with the requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) for--
(1) eligible municipalities participating in the pilot
program; and
(2) eligible municipalities that are similarly situated but
not participating in the pilot program. | Clean Water Compliance and Affordability Act This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. The pilot program must facilitate the efforts of at least 15 municipalities. A municipality is eligible to participate in the pilot program if it is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee; or (2) a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA must give priority to municipalities that: (1) are affected by affordability constraints in planning and implementing control measures addressing wet weather discharges from wastewater and stormwater facilities; and (2) have a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. With the mutual agreement of participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches. | {"src": "billsum_train", "title": "Clean Water Compliance and Affordability Act"} | 1,191 | 330 | 0.733229 | 2.380551 | 0.902465 | 4.105263 | 3.539474 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protection Lock-box Act of
1999''.
SEC. 2. TAXPAYER PROTECTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the Congressional Budget
Act of 1974 is amended by adding at the end the following new section:
``taxpayer protection lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of the
Congressional Budget Office (hereinafter in this section referred to as
the `Director') shall maintain a ledger to be known as the `Taxpayer
Protection Lock-box Ledger'. The Ledger shall be divided into entries
corresponding to the subcommittees of the Committees on Appropriations.
Each entry shall consist of three parts: the `House Lock-box Balance';
the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box
Balance'.
``(b) Components of Ledger.--Each component in an entry shall
consist only of amounts credited to it under subsection (c). No entry
of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon
the engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of that bill by the Senate,
credit to the applicable entry balance of that House amounts of new
budget authority and outlays equal to the net amounts of reductions in
new budget authority and in outlays resulting from amendments agreed to
by that House to that bill.
``(2) The Director shall, upon the engrossment of Senate amendments
to any appropriation bill, credit to the applicable Joint House-Senate
Lock-box Balance the amounts of new budget authority and outlays equal
to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that bill; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that bill.
``(3) For purposes of calculating under this section the net
amounts of reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation bill, the
amendments reported to the Senate by its Committee on Appropriations
shall be considered to be part of the original text of the bill.
``(d) Definition.--As use in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of a fiscal year.''.
``(b) Conforming Amendment.--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 313 the
following new item:
``Sec. 314. Taxpayer protection lock-box ledger.''.
SEC. 3. TALLY DURING HOUSE OR SENATE CONSIDERATION.
There shall be available to Members in the House of Representatives
and the Senate during consideration of any appropriations bill by the
House and the Senate a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the bill as
reported.
SEC. 4. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND SECTION 602(B)
SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional Budget Act of
1974 is amended by adding at the end the following new paragraph:
``(5) Upon the engrossment of House or Senate amendments to any
appropriation bill (as defined in section 314(d)) for a fiscal year,
the amounts allocated under paragraph (1) or (2) to the Committee on
Appropriations of each House upon the adoption of the most recent
concurrent resolution on the budget for that fiscal year shall be
adjusted downward by the amounts credited to the applicable Joint
House-Senate Lock-box Balance under section 314(c)(2). The revised
levels of budget authority and outlays shall be submitted to each House
by the chairman of the Committee on the Budget of that House and shall
be printed in the Congressional Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional Budget
Act of 1974 is amended by adding at the end the following new sentence:
``Whenever an adjustment is made under subsection (a)(5) to an
allocation under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward adjustments in the
most recent suballocations of new budget authority and outlays under
subparagraph (A) to the appropriate subcommittees of that committee in
the total amounts of those adjustments under section 314(c)(2). The
revised suballocations shall be submitted to each House by the chairman
of the Committee on Appropriations of that House and shall be printed
in the Congressional Record.''.
SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new sentence: ``Such reports
shall also include an up-to-date tabulation of the amounts contained in
the ledger and each entry established by section 314(a).''.
SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.
The discretionary spending limits for new budget authority and
outlays for any fiscal year set forth in section 601(a)(2) of the
Congressional Budget Act of 1974, as adjusted in strict conformance
with section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985, shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that fiscal year.
Those amounts shall be the sums of the Joint House-Senate Lock-box
Balances for that fiscal year, as calculated under section 602(a)(5) of
the Congressional Budget Act of 1974. That bill or joint resolution
shall contain the following statement of law: ``As required by section
6 of the Taxpayer Protection Lock-box Act of 1999, for fiscal year
[insert appropriate fiscal year] and each outyear, the adjusted
discretionary spending limit for new budget authority shall be reduced
by $ [insert appropriate amount of reduction] and the adjusted
discretionary limit for outlays shall be reduced by $ [insert
appropriate amount of reduction] for the budget year and each
outyear.'' Notwithstanding section 904(c) of the Congressional Budget
Act of 1974, section 306 of that Act as it applies to this statement
shall be waived. This adjustment shall be reflected in reports under
sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 7. EFFECTIVE DATE.
(a) In General.--The provisions of sections 1 through 6 of this Act
shall apply to all appropriation bills making appropriations for fiscal
year 1999 or any subsequent fiscal year.
(b) FY99 Application.--In the case of any appropriation bill for
fiscal year 1999 engrossed by the House of Representatives or the
Senate after January 28, 1999, and before the date of enactment of this
Act, the Director of the Congressional Budget Office, the Director of
the Office of Management and Budget, and the Committees on
Appropriations and the Committees on the Budget of the House of
Representatives and of the Senate shall, within 10 calendar days after
that date of enactment of this Act, carry out the duties required by
this Act and amendments made by it that occur after the date this Act
was engrossed by the House of Representatives or the Senate.
(c) FY99 Allocations.--The duties of the Director of the
Congressional Budget Office and of the Committees on the Budget and on
Appropriations of the House of Representatives and the Senate pursuant
to this Act and the amendments made by it regarding appropriation bills
for fiscal year 1999 shall be based upon the revised section 602(a)
allocations in effect on January 28, 1999.
(d) Definition.--As used in this section, the term ``appropriation
bill'' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of a fiscal year.
SEC. 8. ADJUSTMENT FOR STIMULATIVE EFFECT OF REVENUE REDUCTIONS.
(a) Amount of Adjustment.--
(1) OMB.--Effective in 1999 and not later than October 15
of each year, the Director of OMB shall calculate stimulative
effect by determining the amount by which actual revenues
exceed the projected level of revenues set forth in paragraph
(2) and then estimating the amount of the excess (fiscal
dividend excess) attributable to provisions of the Balanced
Budget Act of 1997 reducing revenues.
(2) Projected level of revenues.--The projected level of
revenues referred to in paragraph (1) are as follows:
(A) For fiscal year 1999, $1,815,000,000,000.
(B) For fiscal year 2000, $1,870,000,000,000.
(C) For fiscal year 2001, $1,930,000,000,000.
(D) For fiscal year 2002, $2,015,000,000,000.
(E) For fiscal year 2003, $2,091,000,000,000.
(F) For fiscal year 2004, $2,184,000,000,000.
(G) For fiscal year 2005, $2,288,000,000,000.
(H) For fiscal year 2006, $2,393,000,000,000.
(I) For fiscal year 2007, $2,500,000,000,000.
(J) For fiscal year 2008, $2,611,000,000,000.
(K) For fiscal year 2009, $2,727,000,000,000.
(3) CBO certification.--Not later than October 20, the
Director of the CBO shall certify the estimates and projections
of the Director of OMB made under this subsection. If the
Director of CBO cannot certify the estimates and projections,
the Director shall notify Congress and the President of the
disagreement and submit revised estimates.
(b) Reduction of Deficit.--If the Director of OMB determines that a
fiscal dividend excess exists under subsection (a) and on November 1,
the President may--
(1) direct the Secretary of the Treasury to pay an amount
not to exceed the levels of excess to retire debt obligations
of the United States; or
(2) submit a legislative proposal to Congress for reducing
taxes by the amount of excess not dedicated to deficit
reduction to be considered by Congress as provided in
subsection (c); or
(3) submit a legislative proposal to Congress for saving
social security by the amount of excess not dedicated to
deficit reduction and/or tax relief.
(c) Expedited Procedure.--
(1) Introduction.--Not later than 3 days after the
President submits a legislative proposal under subsection
(b)(2) or (b)(3), the Majority Leaders of the Senate and the
House of Representatives shall introduce the proposal in their
respective Houses as a bill. If the bill described in the
preceding sentence is not introduced as provided in the
preceding sentence, then, on the 4th day after the submission
of the legislative proposal by the President, any Member of the
House may introduce the bill.
(2) Referral to committee.--A bill described in paragraph
(1) introduced in the House of Representatives shall be
referred to the Committee on Ways and Means of the House of
Representatives.
A bill described in paragraph (1) introduced in the Senate
shall be referred to the Committee on Finance of the Senate. If
more than 1 bill is introduced as provided in paragraph (1),
the committee shall consider and report the first bill
introduced.
Amendments to the bill in committee may not reduce revenues
in the bill below the amount proposed by the President. Such a
bill may not be reported before the 8th day after its
introduction.
(3) Discharge of committee.--If the committee to which is
referred a bill described in paragraph (1) has not reported
such bill at the end of 15 calendar days after its
introduction, such committee shall be deemed to be discharged
from further consideration of such bill and such bill shall be
placed on the appropriate calendar of the House involved.
(4) Floor consideration.--
(A) In general.--When the committee to which a bill
is referred has reported, or has been deemed to be
discharged (under paragraph (3)) from further
consideration of, a bill described in paragraph (1), it
is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to
proceed to the consideration of the bill, and all
points of order against the bill (and against
consideration of the bill) are waived. The motion is
highly privileged in the House of Representatives and
is privileged in the Senate and is not debatable. The
motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. 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 bill is agreed to, the bill shall
remain the unfinished business of the respective House
until disposed of.
(B) Debate.--Consideration of the bill, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 20 hours, which shall
be divided equally between those favoring and those
opposing the bill. A motion further to limit debate is
in order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the bill is not in
order. A motion to reconsider the vote by which the
bill is agreed to or disagreed to is not in order.
Debate on amendments to the bill shall be limited to 30
minutes equally divided. Amendments to the bill may not
reduce revenues in the bill below the amount proposed
by the President.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on a bill described in
paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the bill shall occur.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a bill described in paragraph (1) shall be
decided without debate.
(5) Coordination with action by other house.--If, before
the passage by one House of a bill of that House described in
paragraph (1), that House receives from the other House a bill
described in paragraph (1), then the following procedures shall
apply:
(A) The bill of the other House shall not be
referred to a committee.
(B) With respect to a bill described in paragraph
(1) of the House receiving the bill--
(i) the procedure in that House shall be
the same as if no bill had been received from
the other House; but
(ii) the vote on final passage shall be on
the bill of the other House.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
bill described in paragraph (1), and it supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
(d) Deficit Reduction if Tax Reductions or Social Security Reforms
Are Not Enacted.--If tax reductions or social security reforms are not
enacted by December 31 of the year of the submission of a legislative
proposal under subsection (b)(2), the President shall pay an amount
equal to the amount by which revenues are not reduced to deficit
reduction as provided in subsection (b)(1).
(e) Definition.--For purposes of this section, the term
``stimulative economic effect of any laws reducing revenues'' refers to
laws that have the effect of stimulating savings, investment, job
creation, and economic growth.
(f) MDA Point of Order.--Section 605(b) of the Congressional Budget
Act of 1974 is amended to read as follows:
``(1) Maximum deficit point of order.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, or conference report
that includes any provision that would result in a
deficit for a fiscal year.
``(B) Waiver or suspension.--This subsection may be
waived or suspended in the House of Representatives or
the Senate only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.''.
(g) Sixty Vote Point of Order.--Section 904 of the Congressional
Budget Act of 1974 is amended--
(1) in the second sentence of subsection (c) by inserting
``605(b),'' after ``601(b),''; and
(2) in the third sentence of subsection (d) by inserting
``605(b),'' after ``601(b),''. | Taxpayer Protection Lock-box Act of 1999 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Taxpayer Protection Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance.
(Sec. 3) Requires a running tally to be available to Members of the House of Representatives and the Senate, during the consideration of any appropriations bill, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported.
(Sec. 4) Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of House or Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation.
(Sec. 5) Requires the CBO Director to include an up-to-date tabulation of the amounts contained in the Taxpayer Protection Lock-box Ledger and each entry in periodic reports.
(Sec. 6) Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year. Provides that such amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year.
(Sec. 8) Requires the Director of the Office of Management and Budget (OMB) to calculate stimulative effect (effect of stimulating savings, investment, job creation, and economic growth) by determining the amount by which actual revenues exceed specified projected levels of revenues for FY 1999 through 2009 and to estimate the amount of the excess (fiscal dividend excess) attributable to provisions of the Balanced Budget Act of 1997 reducing revenues. Provides for CBO certification of such estimates and projections or the submission of revised estimates by CBO in the case of disagreement.
Authorizes the President, if the OMB Director determines that a fiscal dividend excess exists, to: (1) direct the Secretary of the Treasury to pay an amount not exceeding such excess to retire U.S. debt obligations; (2) submit a legislative proposal to the Congress for reducing taxes by the amount of excess not dedicated to deficit reduction; or (3) submit a legislative proposal to the Congress for saving social security by the amount of the excess not dedicated to deficit reduction or tax relief. Sets forth an expedited procedure for consideration of such proposals.
Directs the President, if tax reductions or social security reforms are not enacted by December 31 of the year of the submission of a legislative proposal for reducing taxes, to pay an amount equal to the amount by which revenues are not reduced to deficit reduction. | {"src": "billsum_train", "title": "Taxpayer Protection Lock-box Act of 1999"} | 4,087 | 782 | 0.759322 | 2.339325 | 0.832992 | 5.679878 | 5.527439 | 0.957317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Adoption Act of 2015''.
SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM.
Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j))
is amended to read as follows:
``(j) Lifeline Assistance.--
``(1) In general.--Nothing in this section, other than
paragraph (2) of this subsection, shall affect the collection,
distribution, or administration of the Lifeline program of the
Commission set forth under sections 54.400 through 54.417 of
title 47, Code of Federal Regulations, or any successor
thereto.
``(2) Broadband lifeline assistance program.--
``(A) Definitions.--In this paragraph--
``(i) the term `broadband Internet access
service' has the meaning given that term under
section 8.11(a) of title 47, Code of Federal
Regulations, or any successor thereto;
``(ii) the terms `duplicative support' and
`qualifying low-income consumer' have the
meanings given those terms in section 54.400 of
title 47, Code of Federal Regulations, or any
successor thereto;
``(iii) the term `Lifeline program' means
the Lifeline program of the Commission set
forth under sections 54.400 through 54.417 of
title 47, Code of Federal Regulations, or any
successor thereto; and
``(iv) the term `participating broadband
Internet access service provider' means a
provider of broadband Internet access service
that elects to participate in the Lifeline
program to provide broadband Internet access
service to qualifying low-income consumers
under the final rule adopted under subparagraph
(C)(i).
``(B) Purpose.--The purpose of this paragraph is to
promote the adoption of broadband Internet access
service by all people of the United States while
recognizing that the price of broadband Internet access
service is one of the barriers to adoption for low-
income households.
``(C) Establishment.--
``(i) In general.--Not later than 270 days
after the date of enactment of the Broadband
Adoption Act of 2015, the Commission shall
adopt a final rule establishing Lifeline
support under the Lifeline program for
broadband Internet access service to enable
qualifying low-income consumers in urban and
rural areas to purchase broadband Internet
access service at reduced charges by
reimbursing participating broadband Internet
access service providers for each such consumer
served.
``(ii) Model.--The final rule adopted under
clause (i) shall provide that a qualifying low-
income consumer may elect to apply Lifeline
support under the Lifeline program to basic
telephone service, voice telephony service, or
broadband Internet access service, regardless
of whether the service is purchased as a stand-
alone service or as part of a bundle of
services.
``(iii) Digital literacy program.--The
Commission shall consider providing a
preference to a participating broadband
Internet access service provider that includes
components involving digital literacy programs
as part of the offerings of the participating
broadband Internet access service provider.
``(D) State funds.--The Commission shall consult
with the Federal-State Joint Board instituted under
subsection (a)(1) regarding ways to encourage States to
develop programs that would work in conjunction with
the Lifeline program.
``(E) Amount of support.--
``(i) In general.--In calculating the
amount of Lifeline support to be provided to
each qualifying low-income consumer under the
final rule adopted under subparagraph (C)(i),
the Commission shall routinely study--
``(I) the prevailing market price
for broadband Internet access service;
``(II) the prevailing speed of
broadband Internet access service
adopted by households; and
``(III) the prevailing broadband
usage patterns of residential
consumers.
``(ii) Information.--In carrying out clause
(i), the Commission shall rely on information
that--
``(I) the Commission routinely
collects; or
``(II) is publicly available.
``(F) Technology neutral.--
``(i) In general.--To promote competition
from service providers to qualify under the
Lifeline program, the Commission shall ensure
that the final rule adopted under subparagraph
(C)(i) is neutral as to the types of technology
used to provide voice telephony or broadband
Internet access service under the Lifeline
program.
``(ii) Authorization.--A participating
broadband Internet access service provider--
``(I) shall not be required to be
an eligible telecommunications carrier
(as designated under section 214(e)) to
receive support under the Lifeline
program; and
``(II) shall obtain authorization
from the Commission in order to
participate in the Lifeline program.
``(G) Accountability.--
``(i) Nonduplication.--The final rule
adopted under subparagraph (C)(i) shall
incorporate regulations of the Commission in
effect on the date of enactment of this Act
that prevent the receipt of duplicative support
under the Lifeline program.
``(ii) Preventing waste, fraud, or abuse.--
In promulgating regulations to carry out this
paragraph, the Commission shall consider any
appropriate measures to prevent any waste,
fraud, or abuse in the administration of the
Lifeline program.
``(iii) Eligibility.--The Commission, in
consultation with other relevant Federal
agencies, shall establish a national database
to determine qualifying low-income consumer
eligibility for Lifeline program subsidies.
``(H) Evaluation reports.--Not later than 1 year
after the Commission adopts the final rule under
subparagraph (C)(i), and every year thereafter, the
Commission shall conduct an evaluation and issue a
report on the performance of the Lifeline program
during the 12-month period preceding the date on which
each report is issued.
``(I) GAO study.--Not later than 1 year after the
Commission adopts the final rule under subparagraph
(C)(i), the Comptroller General of the United States
shall conduct a study and issue a report on the
performance of the Lifeline support provided under the
Lifeline program for broadband Internet access service.
``(3) Clarification of authority.--Nothing in this section
shall be construed to limit the authority of the Commission
under any other provision of law, including the authority to
promulgate regulations to promote the adoption of broadband
service by low-income households in the United States.''. | Broadband Adoption Act of 2015 Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to adopt a final rule establishing support under the Universal Service Fund Lifeline Assistance Program for qualifying low-income consumers in urban and rural areas to purchase broadband Internet access service at reduced charges by reimbursing participating providers for each such consumer served. Requires the program to allow qualifying consumers to elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband Internet access service, regardless of whether the service is purchased as a stand-alone service or in a bundle. Directs the FCC to consult with the federal-state joint board on universal service regarding ways to encourage states to develop programs in conjunction with the Lifeline program. Requires the program to be technology neutral to promote competition from service providers. Requires participating broadband Internet access service providers to obtain FCC authorization to participate in the Lifeline program, but a provider is not required to be an eligible telecommunications carrier to receive support under the program. Directs the FCC to: (1) adopt regulations to prevent receipt of duplicative support under the Lifeline program, and (2) establish a national database to determine consumer eligibility. | {"src": "billsum_train", "title": "Broadband Adoption Act of 2015"} | 1,458 | 270 | 0.643749 | 1.690056 | 0.767199 | 3.58952 | 5.689956 | 0.925764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gateway Communities Cooperation Act
of 2000''.
SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY
COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH
FEDERAL AND ADJACENT LANDS.
(a) Findings.--The Congress finds the following:
(1) Communities that are adjacent to or near significant
parcels of the Federal lands, such as units of the National
Park System, units of the National Wildlife Refuge System,
units of the National Forest System, and lands administered by
the Bureau of Land Management, are often affected by the
management and public use of these Federal lands.
(2) These nearby communities, commonly known as gateway
communities, have social and economic links to these Federal
lands and can also affect the activities occurring on these
Federal lands.
(3) Gateway communities often serve as a starting point for
persons who visit these Federal lands and are an ideal place
for establishment of visitor services, including lodging, food
service, fuel, and auto repairs.
(4) Development in these gateway communities can benefit or
adversely affect the management and protection of these Federal
lands, depending on the extent to which advance planning for
the local development is coordinated between the communities
and Federal land managers.
(5) The management decisions of Federal land managers can
have unintended consequences for gateway communities, when the
decisions are not adequately communicated to, or coordinated
with, the elected officials and residents of gateway
communities.
(6) Experts in land management planning are available to
Federal land managers, but persons with technical planning
skills are often not readily available to gateway communities,
particularly small gateway communities.
(b) Policy.--It is the policy of the Federal Government that
Federal land managers should make every effort to support, and
communicate, coordinate, and cooperate with, gateway communities in
order to--
(1) improve the relationship between Federal land managers
and elected officials and residents of gateway communities;
(2) enhance the facilities and services in gateway
communities that, while compatible with the management of
Federal lands, are available to visitors to Federal lands; and
(3) result in better land use decisions.
(c) Definitions.--In this Act:
(1) Federal land manager.--The term ``Federal land
manager'' means the superintendent of a unit of the National
Park System, the manager of a national wildlife refuge, the
resource area manager of a Bureau of Land Management area, or
the supervisor of a unit of the National Forest System.
(2) Gateway community.--The term ``gateway community''
means a community that--
(A) is located adjacent to or near Federal lands
administered by a Federal land manager;
(B) provides identifiable visitor services to
persons using these Federal lands;
(C) has identifiable social and economic links to
these Federal lands; and
(D) contains lands, the use of which could either
benefit or adversely affect lands, waters, or other
resources of these Federal lands.
(3) Certified gateway community.--The term ``certified
gateway community'' means a gateway community that voluntarily
requests the technical assistance of a Federal land manager on
matters of land use coordination and planning for, and the
appropriate siting of development in, the gateway community.
(d) Participate in Federal Planning.--Whenever a Federal land
manager undertakes land management planning regarding Federal lands
administered by the Federal land manager, the Federal land manager
shall--
(1) seek the active involvement of elected officials,
businesses, civic organizations, and other interested persons
in neighboring gateway communities in the planning process; and
(2) provide these persons with a meaningful opportunity to
participate in the development and implementation of the
resulting land management decisions.
(e) Coordination of Land Use.--A Federal land manager may enter
into a cooperative agreement with the local government of a certified
gateway community for the purpose of mutual coordination of land
management and development plans. At a minimum, such an agreement shall
provide for the involvement of persons referred to in subsection (d)(1)
in the Federal planning process and for the Federal land manager to be
involved in land management planning conducted by the certified gateway
community.
(f) Grants To Assist Certified Gateway Communities.--Using funds
appropriated or otherwise made available to a Federal land manager to
carry out this section, the Federal land manager may make grants to a
certified gateway community--
(1) to enable persons referred to in subsection (d)(1) to
participate in the Federal land use planning process;
(2) to enable the local government of a certified gateway
community to obtain professional land use planning assistance;
(3) to address public infrastructure impacts that are
identified through this process as a likely result of the
Federal land management decisions and for which sufficient
funds are not otherwise available; and
(4) to address other aspects of local economic development
that may affect land use decisions, including programs to
educate visitors to the Federal lands about these lands or
about the gateway community. | Requires such a manager undertaking land management planning to: (1) seek the participation of elected officials, businesses, and other interested persons in neighboring gateway communities; and (2) provide such persons with an opportunity to participate in the development and implementation of the resulting land management decisions.
Permits such a manager to: (1) enter into a cooperative agreement with the local government of a certified gateway community to coordinate land management and development plans; and (2) make grants to assist such communities with respect to the Federal land use planning process. | {"src": "billsum_train", "title": "Gateway Communities Cooperation Act of 2000"} | 1,068 | 110 | 0.588856 | 1.707547 | 1.159223 | 3.925234 | 9.691589 | 0.953271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freight Rail Infrastructure Capacity
Expansion Act of 2006''.
SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION
PROPERTY.
(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. 45N. FREIGHT RAIL CAPACITY EXPANSION CREDIT.
``(a) General Rule.--For purposes of section 38, the freight rail
capacity expansion credit determined under this section for the taxable
year is an amount equal to 25 percent of the cost of the following
property placed in service during the taxable year:
``(1) New qualified freight rail infrastructure property.
``(2) Qualified locomotive property.
``(b) New Qualified Freight Rail Infrastructure Property.--For
purposes of this section--
``(1) In general.--The term `new qualified freight rail
infrastructure property' means qualified freight rail
infrastructure property--
``(A) the construction or erection of which is
completed by the taxpayer after the date of the
enactment of this section, or
``(B) which is acquired by the taxpayer after such
date, but only if the original use of such property
commences with the taxpayer.
``(2) Exception for property replacing property at existing
location.--The term `new qualified freight rail infrastructure
property' does not include property which is replacing existing
property if the property is located at the site of the existing
property.
``(3) Qualified freight rail infrastructure property.--
``(A) In general.--The term `qualified freight rail
infrastructure property' means property used in the
movement of freight by rail--
``(i) the cost of which is chargeable to
capital account (determined without regard to
section 179E), and
``(ii) which constitutes--
``(I) railroad grading or tunnel
bore (as defined in section 168(e)(4)),
``(II) tunnels or subways,
``(III) track, including ties,
rails, ballast, or other track
material,
``(IV) bridges, trestles, culverts,
or other elevated or submerged
structures,
``(V) terminals, yards, roadway
buildings, fuel stations, or railroad
wharves or docks, including fixtures
attached thereto, and equipment used
exclusively therein,
``(VI) railroad signal,
communication, or other operating
systems, including components of such
systems that must be installed on
locomotives or other rolling stock, or
``(VII) intermodal transfer or
transload facilities or terminals,
including fixtures attached thereto,
and equipment used exclusively therein.
``(B) Exclusions.--The term `qualified freight rail
infrastructure property' shall not include--
``(i) land,
``(ii) rolling stock, including
locomotives, or
``(iii) property used predominantly outside
the United States, except that this
subparagraph shall not apply to any property
described in section 168(g)(4).
``(4) Leased property.--For purposes of determining whether
property subject to a lease is new qualified freight rail
infrastructure property, such property shall be treated as
originally placed in service not earlier than the date the
property is used under the lease but only if such property is
leased within 3 months after the property is placed in service
by the lessor.
``(c) Qualified Locomotive Property.--
``(1) In general.--For purposes of this section, the term
`qualified locomotive property' means a locomotive which--
``(A) meets the Environmental Protection Agency's
emission standards for locomotives and locomotive
engines (as in effect on December 31, 2005), and
``(B) is owned by, or leased to, a taxpayer which
meets the capacity expansion requirement of paragraph
(2) for the taxable year in which the locomotive is
placed in service.
``(2) Capacity expansion requirement.--A taxpayer meets the
requirements of this paragraph with respect to any locomotive
only if, on the last day of the taxable year in which such
locomotive is placed in service, the total horsepower of all
locomotives owned by, or leased to, the taxpayer exceeds the
total horsepower of all locomotives owned by, or leased to, the
taxpayer on the last day of the preceding taxable year. A
determination under this paragraph shall be made pursuant to
such reports as the Secretary, in consultation with the Surface
Transportation Board, may prescribe.
``(3) Special rules for the leasing of locomotives.--In the
case of the leasing of locomotives--
``(A) only the lessor is eligible for the credit,
and
``(B) total horsepower under paragraph (2) shall be
determined with respect to all locomotives owned by, or
leased to, the lessee.
``(d) Other Definitions and Special Rules.--
``(1) Definitions.--For purposes of this section--
``(A) Railroad signal, communication, or other
operating system.--The term `railroad signal,
communication, or other operating system' means an
appliance, method, device, or system (including
hardware and software) which is used to operate a
railroad or to improve safety or capacity of railroad
operations, including a signal, an interlocker, an
automatic train stop, or a train control or cab-signal
device.
``(B) Intermodal transfer or transload facility or
terminal.--The term `intermodal transfer or transload
facility or terminal' means a facility or terminal
primarily utilized in the transfer of freight between
rail and any other mode of transportation.
``(2) Coordination with other credits.--The cost of any
property taken into account in determining the credit under
this section may not be taken into account in determining a
credit under any other provision of this title.
``(3) Basis adjustment.--If a credit is determined under
this section with respect to the cost of any qualified freight
rail infrastructure property or qualified locomotive property,
the basis of such property shall be reduced by the amount of
the credit so determined.
``(4) Recapture.--The benefit of any credit allowable under
subsection (a) shall, under regulations prescribed by the
Secretary, be recaptured with respect to any qualified
locomotive property that is sold or otherwise disposed of by
the taxpayer during the 5-year period beginning on the date on
which such property is placed in service.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2011.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``and'' at the end of paragraph (29), by
striking the period at the end of paragraph (30) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(31) the freight rail capacity expansion credit
determined under section 45N.''.
(c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (i), by striking the period at the end of clause (ii)(II) and
inserting ``, and'', and by adding at the end the following new clause:
``(iii) for taxable years beginning after
the date of the enactment of this clause, the
credit determined under section 45N.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45M the
following new item:
``Sec. 45N. Freight rail capacity expansion credit.''.
SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE
PROPERTY.
``(a) Allowance of Deduction.--
``(1) In general.--A taxpayer may elect to treat any amount
paid or incurred for the acquisition, construction, or erection
of qualified freight rail infrastructure property (as defined
in section 45N(b)(3)) as an amount not chargeable to capital
account. Any amount so treated shall be allowed as a deduction
for the taxable year in which such property was placed in
service.
``(2) Coordination with credit.--The amount to which the
election under paragraph (1) applies with respect to any
property shall be reduced by an amount equal to the amount of
any reduction in the basis of the property under section
45N(d)(3).
``(b) Election.--An election under subsection (a) shall be made,
with respect to each class of property for each taxable year, at such
time and in such manner as the Secretary may prescribe by regulation.
If a taxpayer makes such an election with respect to any class of
property for any taxable year, the election shall apply to all
qualified freight rail infrastructure property in such class placed in
service during such taxable year. An election under this section shall
not affect the character of any property for the purposes of section
45N.
``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of
determining alternative minimum taxable income under section 55, the
deduction under subsection (a) for qualified freight rail
infrastructure property shall be determined under this section without
regard to any adjustment under section 56.
``(d) Termination.--This section shall not apply to any property
placed in service after December 31, 2011.''.
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of the
Internal Revenue Code of 1986 (relating to capital expenditures) is
amended by striking ``or'' at the end of subparagraph (J), by striking
the period at the end of subparagraph (K) and inserting ``, or'' and by
adding at the end the following new subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``or 179D'' each place it appears
in the text or heading thereof and inserting ``179D, or 179E''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179E,'' after ``179D,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense qualified freight rail infrastructure
property.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by sections 2 and 3 shall apply to property
placed in service after December 31, 2006. | Freight Rail Infrastructure Capacity Expansion Act of 2006 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2011. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity."} | 2,580 | 92 | 0.587167 | 1.375649 | 0.793965 | 2.7625 | 28.875 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Doctor-Patient Relationship and
Research Protection Act''.
SEC. 2. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS
RESEARCH.
(a) Authority.--Paragraph (1) of section 804(c) of title VIII of
division A of the American Recovery and Reinvestment Act of 2009 (42
U.S.C. 299b-8(c)) is amended to read as follows:
``(1) notwithstanding the provisions under the heading
`agency for healthcare research and quality' of this title and
any other provision of law, have full authority to direct and
coordinate all Federal funding of comparative effectiveness
health care research, including such research conducted or
supported by the Departments of Health and Human Services,
Veterans Affairs, and Defense; and''.
(b) Membership.--Subsection (d) of section 804 of title VIII of
division A of the American Recovery and Reinvestment Act of 2009 (42
U.S.C. 299b-8) is amended to read as follows:
``(d) Membership.--
``(1) In general.--The members of the Council shall include
one senior officer or employee from each of the following
agencies:
``(A) The Agency for Healthcare Research and
Quality.
``(B) The Secretary of Health and Human Services.
``(C) The Director of the National Institutes of
Health.
``(D) 20 members, 9 of whom are not full-time
government employees, appointed by the Comptroller
General of the United States as follows:
``(i) 3 members representing patients and
health care consumers.
``(ii) 3 members representing practicing
physicians, including surgeons.
``(iii) 3 members representing agencies
that administer public programs, as follows:
``(I) 1 member representing the
Centers for Medicare & Medicaid
Services who has experience in
administering the program under title
XVIII of the Social Security Act.
``(II) 1 member representing
agencies that administer State health
programs (who may represent the Centers
for Medicare & Medicaid Services and
have experience in administering the
program under title XIX or the program
under title XXI of the Social Security
Act or be a governor of a State).
``(III) 1 member representing
agencies that administer other Federal
health programs (such as a health
program of the Department of Defense
Federal employees health benefits
program under chapter 89 of title 5 of
the United States Code, a health
program of the Department of Veterans
Affairs under chapter 17 of title 38 of
such Code, or a medical care program of
the Indian Health Service or of a
tribal organization).
``(iv) 3 members representing private
payers, of whom at least 1 member shall
represent health insurance issuers and at least
1 member shall represent employers who self-
insure employee benefits.
``(v) 3 members representing
pharmaceutical, device, and technology
manufacturers or developers.
``(vi) 1 member representing nonprofit
organizations involved in health services
research.
``(vii) 1 member representing organizations
that focus on quality measurement and
improvement or decision support.
``(viii) 1 member representing independent
health services researchers.
``(ix) 1 member representing research in
differences in treatment outcomes along the
lines of racial and ethnic background, gender,
and geography.
``(x) 1 member representing research in
treating rural populations.
``(E) Qualifications.--At least half of the members
of the Council shall be physicians or other experts
with clinical expertise.
``(2) Chairman; vice chairman.--The Secretary shall serve
as Chairman of the Council and shall designate a member to
serve as Vice Chairman.''.
(c) Rules of Construction.--Subsection (g) of section 804 of title
VIII of division A of the American Recovery and Reinvestment Act of
2009 (42 U.S.C. 299b-8) is amended to read as follows:
``(g) Rules of Construction.--
``(1) Coverage.--Nothing in this section shall be
construed--
``(A) to permit the Council to mandate or recommend
coverage, reimbursement, or other policies for any
public or private payer; or
``(B) as preventing the Secretary of Health and
Human Services from covering the routine costs of
clinical care received by an individual entitled to, or
enrolled for, benefits under title XVIII, XIX, or XXI
of the Social Security Act in the case where such
individual is participating in a clinical trial and
such costs would otherwise be covered under such title
with respect to the beneficiary.
``(2) Reports and finding.--No report submitted under this
section or research findings disseminated by the Council shall
be construed as mandates, guidelines, or recommendations for
payment, coverage, or treatment.''.
(d) Transparency, Credibility, and Access.--Section 804 of title
VIII of division A of the American Recovery and Reinvestment Act of
2009 (42 U.S.C. 299b-8) is amended by adding at the end the following:
``(h) Transparency, Credibility, and Access.--The Council shall
establish procedures to ensure that the following requirements for
ensuring transparency, credibility, and access are met:
``(1) Public comment period.--
``(A) Comment prior to obligation of funds for
research.--Before any Federal funds may be obligated to
conduct or support comparative effectiveness research,
the Council shall provide for a period of not less than
30 days for the public to comment on the research
proposal.
``(B) Comment after research results published.--
After the publication of the results of research
described in subparagraph (A), the Council shall
provide for a period of 60 days for the public to
comment on such results.
``(C) Transmission of public comments.--The Council
shall ensure the transmission of public comments
submitted under subparagraph (A) to the entity
conducting the research with respect to which the
individual study design is being finalized.
``(2) Additional forums.--The Council shall, in addition to
the public comment period described in paragraph (1), support
forums to increase public awareness and obtain and incorporate
public feedback through media (such as an Internet website) on
the following:
``(A) The identification of comparative
effectiveness research priorities.
``(B) Comparative effectiveness research findings.
``(C) Any other duties, activities, or processes
the Council determines appropriate.
``(3) Public availability.--The Council shall make
available to the public and disclose through the official
public Internet website of the Council, and through other
forums and media the Council determines appropriate, the
following:
``(A) The process and methods for the conduct of
comparative effectiveness research pursuant to this
section, including--
``(i) the identity of the entity conducting
any such research;
``(ii) any links the entity has to industry
(including such links that are not directly
tied to the particular research);
``(iii) draft study designs (including
research questions and the finalized study
design, together with public comments on such
study design and responses to such comments);
``(iv) research protocols (including
measures taken, methods of research, methods of
analysis, research results, and such other
information as the Council determines
appropriate);
``(v) the identity of investigators
conducting such research and any conflicts of
interest of such investigators; and
``(vi) any progress reports the Council
determines appropriate.
``(B) Public comments submitted during each public
comment period under paragraph (1)(A).
``(C) Bylaws, processes, and proceedings of the
Council, to the extent practicable and as the Council
determines appropriate.
``(D) Not later than 60 days after receipt by the
Council of a relevant report or comparative
effectiveness research finding, appropriate information
contained in such report or finding.
``(4) Conflicts of interest.--
``(A) In general.--The Council shall--
``(i) in appointing members to an advisory
panel, and in selecting individuals to
contribute to any peer-review process and for
employment as executive staff of the Council,
take into consideration any conflicts of
interest of potential appointees, participants,
and staff; and
``(ii) include a description of any such
conflicts of interest and conflicts of interest
of Council members in an annual report to the
Congress, except that, in the case of
individuals contributing to any such peer
review process, such description shall be in a
manner such that those individuals cannot be
identified with a particular research project.
``(B) Definition.--In this subsection, the term
`conflict of interest' means associations, including
financial and personal, that may be reasonably assumed
to have the potential to bias an individual's decisions
in matters related to the Council or the conduct of the
comparative effectiveness research.''.
SEC. 3. APPLICATION OF FEDERALLY FUNDED CLINICAL COMPARATIVE
EFFECTIVENESS RESEARCH.
(a) Limitation on CMS.--The Administrator of the Centers for
Medicare & Medicaid Services may not use federally funded clinical
comparative effectiveness research data to make coverage determinations
under title XVIII of the Social Security Act for medical treatments,
services, and items on the basis of cost.
(b) Requirement for Implementation.--Federally funded clinical
comparative effectiveness research and related evaluation and
communication activities shall reflect the principle that clinicians
and patients should have the best available evidence upon which to make
choices in health care items and services, in providers, and in health
care delivery systems, recognizing that patient subpopulations and
patient and physician preferences may vary.
(c) Appeals of Certain Medicare Coverage Determinations.--In the
case of a national or local coverage determination under title XVIII of
the Social Security Act that has been made utilizing federally funded
comparative effectiveness research, an individual entitled to benefits
under such title shall--
(1) be an eligible requester under section 1869(h)(1)(B) of
such Act in relation;
(2) have expedited access (as specified by the Secretary)
to coverage determinations, redeterminations, and appeals
relating to such determinations; and
(3) have full access to all administrative or judicial
review under section 1869 of such Act with respect to such
determinations.
(d) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to require coverage of any drug,
biological product, device, or treatment that has been determined by
the Food and Drug Administration to be unsafe.
(e) Disaggregation of Research Results.--No Federal funds may be
made available to any person for any federally funded clinical
comparative effectiveness research, unless the person agrees to ensure
that, whenever possible, the methodology and research protocols will
include variables that not only measure, but can be disaggregated to
analyze and identify, any differences along the lines of racial and
ethnic background, gender, and geography that may exist among and
within patient subpopulations.
(f) Definitions.--In this section:
(1) The term ``federally funded clinical comparative
effectiveness research'' means research that--
(A) evaluates and compares the clinical
effectiveness, risks, and benefits of 2 or more medical
treatments, services, and items; and
(B) is conducted or supported in accordance with
provisions of title VIII of division A of the American
Recovery and Reinvestment Act of 2009 or with the use
of other Federal funds.
(2) The term ``medical treatments, services, and items''
means health care interventions, protocols for treatment,
procedures, medical devices, diagnostic tools, pharmaceuticals
(including drugs and biologicals), and any other processes or
items being used in the treatment and diagnosis of, or
prevention of illness or injury in, patients.
(3) The term ``patient subpopulations'' means populations
of patients of different racial and ethnic backgrounds,
genders, and geographic locations. | Doctor-Patient Relationship and Research Protection Act - Amends the American Recovery and Reinvestment Act of 2009 to: (1) expand the membership of the Federal Coordinating Council for Comparative Effectiveness Research; and (2) require the Council to provide for a public comment period prior to obligating funds for comparative effectiveness research, support increased public awareness of such research, and identify conflicts of interest in appointing members of the Council.
Prohibits the Administrator of the Centers for Medicare & Medicaid Services from using federally funded clinical comparative effectiveness research data to make coverage determinations under Medicare for medical treatments, services, and items on the basis of cost.
Provides for expedited appeals of Medicare coverage determinations using federally funded comparative effectiveness research.
Denies federal funding for clinical comparative effectiveness research that does not consider racial, ethnic, gender, and geographic differences within patient subpopulations. | {"src": "billsum_train", "title": "To enhance the conduct and support of federally funded comparative effectiveness research relating to health care, and for other purposes."} | 2,640 | 195 | 0.464751 | 1.239721 | 0.749164 | 3.555556 | 15.345679 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pesticide Harmonization and Joint
Labeling Act ''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136) is amended--
(1) by redesignating subsections (jj) through (oo) as
subsections (ii) through (nn), respectively; and
(2) by adding at the end the following:
``(oo) Harmonized Country.--The term `harmonized country' means a
country--
``(1) with which the United States has entered into
negotiations to harmonize pesticide registration regulatory
processes and requirements; and
``(2) for which the Administrator determines, in the
discretion of the Administrator, that sufficient regulatory
harmonization has been achieved to carry out joint labeling of
agricultural pesticides.
``(pp) Interested Party.--The term `interested party' means--
``(1) an individual producer or group of producers; or
``(2) a nonprofit agriculture membership organization that
represents producers.
``(qq) Joint Label.--The term `joint label' means a label that--
``(1) has been approved for use in both the United States
and a harmonized country; and
``(2) includes a registration number of the Environmental
Protection Agency and any other license number provided by a
government regulatory agency for the purpose of registering
pesticides.
``(rr) Joint Registration.--The term `joint registration' means a
product registration that--
``(1) has been approved by both the United States and a
harmonized country;
``(2) permits sale and distribution in both countries; and
``(3) includes a joint label.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. prec. 121) is amended by adding at the end of the items
relating to section 2 the following:
``(hh) Nitrogen stabilizer.
``(ii) Maintenance applicator.
``(jj) Service technician.
``(kk) Minor use.
``(ll) Antimicrobial pesticide.
``(mm) Public health pesticide.
``(nn) Vector.
``(oo) Harmonized country.
``(pp) Interested party.
``(qq) Joint label.
``(rr) Joint registration.''.
SEC. 3. JOINT LABELING OF REGISTERED PESTICIDES.
(a) In General.--Section 3(c) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)) is amended by adding
at the end the following:
``(11) Joint labeling of registered pesticides.--
``(A) Definition of affiliate.--In this paragraph,
the term `affiliate' means a relationship among
business entities in which--
``(i) 1 business entity--
``(I) has effective control over
the other business entity through a
partnership or other agreement; or
``(II) is under common control with
the other business entity by a third
entity; or
``(ii) 1 business entity is a corporation
related to another corporation as a parent to a
subsidiary by an identity of stock ownership.
``(B) Date of effectiveness.--With respect to joint
labeling with a harmonized country, this paragraph
shall apply on the date on which the Administrator
publishes in the Federal Register a notice that--
``(i) the Administrator has made the
finding required by section 2(oo)(2) for the
country; and
``(ii) includes guidelines for interested
parties to petition the Administrator under
subparagraph (C).
``(C) Petition by interested party.--For an
agricultural pesticide for which the same or
substantially similar agricultural pesticide is
registered in both the United States and a harmonized
country, any interested party may petition the
Administrator to require the registrant of the
agricultural pesticide to apply for and use a joint
label to facilitate movement between the United States
and the harmonized country.
``(D) Determination by administrator.--
``(i) In general.--Not later than 120 days
after the date of receipt of a request from an
interested party under subparagraph (C), the
Administrator shall make a determination that,
in the discretion of the Administrator--
``(I) the agricultural pesticide
registered in the United States is
identical or substantially similar to
the agricultural pesticide registered
in the harmonized country;
``(II) the registrant or affiliate
is the same in the United States and
the harmonized country; and
``(III) there is sufficient
interest from interested parties for a
joint label.
``(ii) Provision of information.--
``(I) In general.--On request of
the Administrator, the registrant shall
submit information necessary for the
Administrator to make the determination
described in clause (i), including a
product label, formula, and any other
information that the Administrator
determines, in the discretion of the
Administrator, may be necessary to make
the determination.
``(II) Disproving a
determination.--In response to a
determination by the Administrator
under clause (i), a registrant may
provide information to the
Administrator to disprove a
determination under subclause (I) or
(II) of clause (i), including providing
a confidential statement of formula to
demonstrate differences between
agricultural pesticides.
``(III) Provision of csf.--
Notwithstanding any other provision of
this Act, the Administrator may share
with appropriate officials in a
harmonized country a confidential
statement of formula provided under
subclause (II).
``(E) Notification of joint label requirement.--On
making a determination under subparagraph (D) in
regards to an agricultural pesticide, the Administrator
shall notify the registrant that--
``(i) a joint label is required for the
agricultural pesticide; and
``(ii) the registrant shall propose to the
Administrator and the harmonized country a
joint label not later than 90 days after
notification by the Administrator.
``(F) Review of joint label.--In consultation with
the harmonized country, the Administrator shall--
``(i) review the proposed joint label;
``(ii) not later than 180 days after the
date of receipt of a proposed joint label from
the registrant, notify the registrant that--
``(I) the joint label has been
approved in the United States and shall
be used on all containers of the
product not later than a date specified
by the Administrator, except at the
discretion of the Administrator; or
``(II) the registrant shall propose
to the Administrator a revised joint
label in accordance with guidance by
the Administrator as to what revisions
are necessary;
``(iii) notify the petitioner of the
approval of the joint label and provide the
petitioner with a copy of the approved joint
label; and
``(iv) make a copy of the label available
on the Internet, which may be used to purchase
and transport the approved pesticide between
the United States and the harmonized country.
``(G) Use of product.--After approval by the
Administrator of the joint label, consumers in the
United States may obtain and use the product that is
registered in a harmonized country, notwithstanding the
fact that the joint label has not been approved in the
harmonized country, provided that the consumer has a
copy of the joint label, as approved for use in the
United States.
``(H) Suspension.--The Administrator may undertake
suspension proceedings regarding registration of an
agricultural pesticide in accordance with the
procedures described in section 3(c)(2)(B)(iv) if the
Administrator determines that the registrant or
affiliate--
``(i) within the time period required by
the Administrator, has failed--
``(I) to propose a joint label
under subparagraph (E)(ii);
``(II) to revise a joint label
under subparagraph (F)(ii)(II);
``(III) to use a joint label under
subparagraph (F)(ii)(I); or
``(IV) to provide information
requested by the Administrator under
subparagraph (D)(ii); or
``(ii) has withdrawn an application for
registration of a pesticide from a harmonized
country after receiving approval of the joint
label in the United States.
``(I) Fees.--The Administrator may not charge fees
for joint registration under this paragraph.
``(J) Prohibition.--The joint registration and
labeling provisions of this paragraph may not be used
to add new uses to an agricultural pesticide.
``(K) Cooperation and prioritization.--An
interested party may petition the Administrator--
``(i) individually or in consultation with
interested parties in the harmonized country;
and
``(ii) for multiple agricultural pesticides
at once, in priority order.
``(L) Priority for registrants.--A registrant of an
agricultural pesticide registered in the United States
or the harmonized country that voluntarily applies for
a joint label shall be given priority consideration.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. prec. 121) (as amended by section 2(b)) is amended by adding
at the end of the items relating to section 3(c) the following:
``(9) Labeling.
``(10) Expedited registration of pesticides.
``(11) Joint registration of registered
pesticides.''.
SEC. 4. JOINT REGISTRATION OF NEW PESTICIDES OR USES.
(a) In General.--Section 3(c)(4) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(4)) is amended--
(1) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(A) In general.--The Administrator'';
(2) in the second sentence, by striking ``The notice'' and
inserting the following:
``(B) Comment period.--The notice''; and
(3) by adding at the end the following:
``(C) Joint label.--
``(i) In general.--The notice shall request
comments from interested parties that are
interested in a joint label for the pesticide.
``(ii) Determination of significant
interest.--
``(I) In general.--After the
expiration of the comment period, the
Administrator shall determine if there
is significant interest in a joint
label for the pesticide.
``(II) Significant interest.--If
the Administrator determines that there
is significant interest in a joint
label for the pesticide, the
Administrator shall inform the
registrant that, as a condition of
registering the pesticide, the
registrant shall demonstrate to the
satisfaction of the Administrator that
the registrant has provided the
harmonized country with sufficient
information for the harmonized country
to begin the process of reviewing the
application for the pesticide.''.
(b) Authority to Require Joint Label for New Pesticides or Uses.--
(1) In general.--Section 3(c) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)) (as amended
by section 3(a)) is amended by adding at the end the following:
``(12) Authority to require joint label for new pesticides
or uses.--After making a determination of significant interest
under section 3(c)(4)(C), the Administrator may notify the
registrant that, in accordance with the procedures described in
subparagraphs (F), (G), (H), and (I) of paragraph (11)--
``(A) a joint label is required for the
agricultural pesticide; and
``(B) the registrant shall propose to the
Administrator and the harmonized country a joint label
not later than 90 days after notification by the
Administrator.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. prec. 121) (as amended by section
3(b)) is amended by adding at the end of the items relating to
section 3(c) the following:
``(12) Authority to require joint label for new
pesticides or uses.''.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
(a) In General.--The Administrator of the Environmental Protection
Agency may enter into a memorandum of understanding with any harmonized
country to address joint registration and joint labeling procedures, as
those terms are defined in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136) (as amended by section
2).
(b) Requirements.--A memorandum of understanding entered into under
this section shall address--
(1) sharing of information; and
(2) the protection of the confidential statement of formula
as confidential business information. | Pesticide Harmonization and Joint Labeling Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to establish procedures for the joint labeling of registered pesticides by the United States and any country which has a harmonized pesticide registration regulatory process (harmonized country). Requires the Administrator of the Environmental Protection Agency (EPA), in consultation with a harmonized country, to review and approve joint labels.
Authorizes the Administrator to: (1) require joint labeling of new pesticides or uses; and (2) enter into a memorandum of understanding with any harmonized country to address joint registration and labeling procedures. | {"src": "billsum_train", "title": "A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit the distribution and sale of certain pesticides that are registered in both the United States and another country."} | 3,084 | 147 | 0.645399 | 1.533842 | 0.702719 | 3.584071 | 23.619469 | 0.929204 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Beginning Farmers
Agenda Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVED ACCESS TO LAND
Sec. 101. Land trust eligibility for assistance for agricultural land
easements.
Sec. 102. Priority for option to purchase at agricultural value in
agricultural land easements.
Sec. 103. Exclusion of gain from sale of farm or ranch to a qualified
agricultural purchaser.
Sec. 104. Prequalification of prospective applicants for credit from
Farm Service Agency programs.
Sec. 105. Increase in limitation on amount of direct farm ownership
loans; inflation indexation of limit.
Sec. 106. Minimum funding percentage for agricultural land easements
and wetland reserve easements.
Sec. 107. Report on agricultural conservation easement program.
TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND
PROGRAMS
Sec. 201. Beginning farmer coordination.
Sec. 202. Transfer of Advisory Committee on Beginning Farmers and
Ranchers to jurisdiction of Farm Service
Agency.
Sec. 203. Department of Agriculture on-line customer self-service
portal.
Sec. 204. Extension of beginning farmer and rancher development program
to provide training, education, outreach,
and technical assistance initiatives.
Sec. 205. Mandatory funding for beginning farmer and rancher individual
development accounts pilot program.
Sec. 206. Sale of surplus farm equipment or property to socially
disadvantaged farmers or ranchers, veteran
farmers or ranchers, and beginning farmers
or ranchers.
TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS
Sec. 301. Mandatory funding for farmers' market and local food
promotion program.
Sec. 302. Grants to support farm viability programs.
TITLE I--IMPROVED ACCESS TO LAND
SEC. 101. LAND TRUST ELIGIBILITY FOR ASSISTANCE FOR AGRICULTURAL LAND
EASEMENTS.
(a) Land Trusts.--Section 1265B of the Food Security Act of 1985
(16 U.S.C. 3865b) is amended by adding at the end the following:
``(e) Land Trusts.--
``(1) Eligibility for assistance.--Notwithstanding section
1001D(b), an eligible entity that is a qualified land trust, as
determined by the Secretary, may receive assistance under this
section.
``(2) Assistance for reservation of easement.--The
Secretary may provide assistance to an eligible entity that is
a qualified land trust to supplement the sale price of eligible
land to a farmer or rancher, who is not ineligible to receive
assistance under section 1001D, if the eligible entity that is
a qualified land trust reserves for itself an agricultural land
easement in the eligible land.''.
(b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security
Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by striking
``Notwithstanding'' and inserting ``Except as provided in section
1265B(e), notwithstanding''.
SEC. 102. PRIORITY FOR OPTION TO PURCHASE AT AGRICULTURAL VALUE IN
AGRICULTURAL LAND EASEMENTS.
Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended by adding at the end the following:
``(D) Priority.--In evaluating applications under
the program, the Secretary may give priority to an
application for the purchase of an agricultural land
easement that maintains agricultural viability or
includes, as a condition of the easement, a requirement
that any subsequent purchase of the land subject to the
easement shall be at agricultural value, as determined
by the Secretary, or both.''.
SEC. 103. EXCLUSION OF GAIN FROM SALE OF FARM OR RANCH TO A QUALIFIED
AGRICULTURAL PURCHASER.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139E the following:
``SEC. 139F. GAIN FROM SALE OF FARM OR RANCH TO A QUALIFIED
AGRICULTURAL PURCHASER.
``(a) In General.--In the case of an individual, gross income shall
not include gain from the sale or exchange of property if--
``(1) during the 3-year period ending on the date of the
sale or exchange, such property has been owned and used by the
taxpayer in a farming business (as defined in section 263A(e)),
``(2) such property is acquired by a qualified agricultural
purchaser,
``(3) immediately before such sale or exchange, the
qualified agricultural purchaser does not own property that, in
aggregate acreage, is greater than or equal to twice the
average farm size in the county in which the property subject
to the sale or exchange is located, and
``(4) in connection with such transfer there is in effect a
restriction (granted in perpetuity) that such property be used
in a farming business (as so defined).
``(b) Limitations.--
``(1) In general.--The amount of gain excluded from gross
income under subsection (a) with respect to any sale or
exchange shall not exceed $250,000.
``(2) Special rule for joint returns.--In the case of a
joint return for the taxable year of the sale or exchange of
the property, paragraph (1) shall be applied by substituting
`$500,000' for `$250,000' if--
``(A) either spouse meets the ownership
requirements of subsection (a) with respect to such
property, and
``(B) both spouses meet the use requirements of
subsection (a) with respect to such property.
``(c) Qualified Agricultural Purchaser.--For purposes of this
section--
``(1) In general.--The term `qualified agricultural
purchaser' means an individual who is--
``(A) a beginning farmer or rancher,
``(B) a socially disadvantaged farmer (as defined
in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)),
or
``(C) a veteran farmer or rancher (as defined in
(as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e))).
``(2) Beginning farmer or rancher.--For purposes of this
section--
``(A) In general.--The term `beginning farmer or
rancher' means an individual or entity who--
``(i) has not operated a farm or ranch, or
who has operated a farm or ranch for not more
than 10 consecutive years, and
``(ii) will materially and substantially
participate in the operation of the farm or
ranch.
``(B) Material and substantial participation.--For
purposes of subparagraph (A), material and substantial
participation means--
``(i) in the case of an individual, that
the individual provides substantial day-to-day
labor and management of the farm or ranch,
consistent with the practices in the county or
State where the farm is located, and
``(ii) in the case of an entity, that all
shareholders, holders of a capital or profits
interest in the case of a partnership, or
holders of a beneficial interest in the case of
a trust or cooperative provide some amount of
the management or labor necessary for day-to-
day activities such that if each of the members
did not provide these inputs, operation of the
farm or ranch would be seriously impaired.
``(d) Applicable Rules.--For purposes of this section, rules
similar to the rules of paragraphs (2), (3), and (6) of section 121(d)
shall apply.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139E the following new item:
``Sec. 139F. Gain from sale of farm or ranch to a qualified
agricultural purchaser.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges on or after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 104. PREQUALIFICATION OF PROSPECTIVE APPLICANTS FOR CREDIT FROM
FARM SERVICE AGENCY PROGRAMS.
Not later than October 1, 2016, the Secretary of Agriculture shall
develop and implement procedures to ensure that the Farm Service Agency
is prepared, in advance, to respond to a request by a prospective loan
applicant (other than a request for preapproval) for a preliminary
determination on--
(1) whether the prospective applicant would likely qualify
for credit under any program administered by the Farm Service
Agency; or
(2) the amount of credit for which the prospective
applicant would likely qualify under any such program.
SEC. 105. INCREASE IN LIMITATION ON AMOUNT OF DIRECT FARM OWNERSHIP
LOANS; INFLATION INDEXATION OF LIMIT.
Section 305 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925) is amended by striking ``$300,000'' and inserting
``$500,000 (increased, beginning with fiscal year 2017, by the
inflation percentage applicable to the fiscal year in which the loan is
made, and reduced by the amount of any unpaid indebtedness of the
borrower on direct loans under subtitle B)''.
SEC. 106. MINIMUM FUNDING PERCENTAGE FOR AGRICULTURAL LAND EASEMENTS
AND WETLAND RESERVE EASEMENTS.
Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is
amended by adding at the end the following:
``(f) Minimum Percentages.--The Secretary shall ensure that, of
funds made available to carry out this subtitle, not less than 40
percent are used to carry out each of sections 1265B and 1265C.''.
SEC. 107. REPORT ON AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
Not later than 180 days after the date of the enactment of this
Act, the Chief of the Natural Resources Conservation Service shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that includes an evaluation of the extent in which the
agricultural conservation easement program established under section
1265(a) of the Food Security Act of 1985 (16 U.S.C. 3865(a)) supports
beginning farmers or ranchers (as defined in section 206(b)) in
purchasing land.
TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND
PROGRAMS
SEC. 201. BEGINNING FARMER COORDINATION.
(a) Program Established.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, acting through the
Administrator of the Farm Service Agency, shall implement a program to
assign to each State at least one coordinator to--
(1) promote communication between the Department of
Agriculture and beginning farmers or ranchers (as defined in
section 206(b)) located in such State; and
(2) increase the access of such beginning farmers or
ranchers to apprenticeship programs, farm loan programs, and
land available for purchase.
(b) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 202. TRANSFER OF ADVISORY COMMITTEE ON BEGINNING FARMERS AND
RANCHERS TO JURISDICTION OF FARM SERVICE AGENCY.
The Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6901 et seq.) is amended--
(1) in section 226B(e)(2) (7 U.S.C. 6934)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C); and
(2) in section 226 (7 U.S.C. 6932), by adding at the end
the following new subsection:
``(i) Advisory Committee on Beginning Farmers and Ranchers.--The
Administrator of the Farm Service Agency shall coordinate the
activities of the Farm Service Agency with the Advisory Committee on
Beginning Farmers and Ranchers established under section 5(b) of the
Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public
Law 102-554).''.
SEC. 203. DEPARTMENT OF AGRICULTURE ON-LINE CUSTOMER SELF-SERVICE
PORTAL.
(a) Customer Self-Service Portal.--The Secretary of Agriculture
shall develop an on-line customer self-service portal through which
farmers and ranchers will be able to securely access their customer and
program information and complete program applications in a wide range
of agricultural programs offered by the Department of Agriculture.
(b) Sense of Congress.--It is the sense of Congress that the
development of an on-line customer self-service portal, as required by
subsection (a), should not negatively impact the many farmers and
ranchers who do not yet have access to high-speed internet or who would
prefer not to utilize the online self-service portal.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture to carry out subsection
(a) $6,000,000 for the three-fiscal year period beginning on October 1,
2016.
SEC. 204. EXTENSION OF BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM
TO PROVIDE TRAINING, EDUCATION, OUTREACH, AND TECHNICAL
ASSISTANCE INITIATIVES.
Section 7405(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f(h)) is amended--
(1) by striking ``2018'' both places it appears and
inserting ``2021'';
(2) in the heading for paragraph (1), by striking ``2018''
and inserting ``2021''; and
(3) in the heading for paragraph (2), by striking ``2018''
and inserting ``2021''.
SEC. 205. MANDATORY FUNDING FOR BEGINNING FARMER AND RANCHER INDIVIDUAL
DEVELOPMENT ACCOUNTS PILOT PROGRAM.
Section 333B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983b) is amended--
(1) in subsection (h), by striking ``2018'' and inserting
``2016''; and
(2) by adding at the end the following new subsection:
``(i) Mandatory Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$5,000,000 for fiscal year 2017 and each fiscal year thereafter.''.
SEC. 206. SALE OF SURPLUS FARM EQUIPMENT OR PROPERTY TO SOCIALLY
DISADVANTAGED FARMERS OR RANCHERS, VETERAN FARMERS OR
RANCHERS, AND BEGINNING FARMERS OR RANCHERS.
(a) Sale Authorized.--The Administrator of General Services, under
regulations prescribed by the Administrator, may sell to a socially
disadvantaged farmer or rancher, veteran farmer or rancher, or
beginning farmer or rancher any farm equipment acquired by the General
Services Administration that--
(1) is suitable for use in farming operations; and
(2) has been determined to be surplus property under
chapter 5 of title 40, United States Code.
(b) Definitions.--In this section:
(1) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' means an individual or entity that has not
operated a farm or ranch or that has operated a farm or ranch
for not more than 10 consecutive years and that will materially
and substantially participate in the operation of the farm or
ranch. In the case of an entity, these requirements apply to
all members of the entity.
(2) Food, agriculture, conservation, and trade act of 1990
terms.--The terms ``socially disadvantaged farmer or rancher''
and ``veteran farmer or rancher'' have the meanings given those
terms in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS
SEC. 301. MANDATORY FUNDING FOR FARMERS' MARKET AND LOCAL FOOD
PROMOTION PROGRAM.
Section 6(g)(1) of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3005(g)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) in subparagraph (D), by striking ``2018.'' and
inserting ``2016; and''; and
(3) by adding at the end the following new subparagraph:
``(E) $40,000,000 for each of fiscal years 2017
through 2021.''.
SEC. 302. GRANTS TO SUPPORT FARM VIABILITY PROGRAMS.
(a) Grants Authorized.--The Secretary of Agriculture may make
competitive grants to support a farm viability program developed by a
public or private entity that is designed--
(1) to improve the economic viability and environmental
integrity of farms participating in the program through the
development and implementation of a farm viability plans; and
(2) to provide participating farmers with environmental,
technical, and business planning assistance to expand, upgrade,
and modernize their agricultural operations and assist in land
access and transfer.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture to make grants under this
section such sums as are necessary for each of fiscal years 2017
through 2021. | Beginning Farmers Agenda Act of 2016 This bill amends various agricultural laws to modify and establish programs to assist beginning farmers. The bill makes land trusts eligible for certain assistance under the Department of Agriculture (USDA) Agricultural Conservation Easement Program. In administering the program, USDA may prioritize an application for purchasing an easement that maintains agricultural viability, requires subsequent purchases to be at agricultural value, or both. The bill amends the Internal Revenue Code to exclude from gross income up to $250,000 in gains from the sale or exchange of certain agricultural property to a beginning, socially disadvantaged, or veteran farmer or rancher, subject to specified conditions. The bill modifies several agricultural programs to: require the Farm Service Agency (FSA) to prequalify loan applicants, increase and index for inflation the limit on the amount of USDA farm ownership loans per borrower, establish minimum funding requirements for agriculture land easements and wetland reserve easements, transfer jurisdiction of the Advisory Committee on Beginning Farmers and Ranchers to the FSA, establish an online customer self-service portal, reauthorize the Beginning Farmer and Rancher Development Program, and authorize grants for farm viability programs. The FSA must assign state coordinators to promote communication with beginning farmers or ranchers and increase their access to USDA programs. The General Services Administration may sell surplus farm equipment or property to socially disadvantaged, veteran, or beginning farmers and ranchers. The bill provides funding for: (1) the Beginning Farmer and Rancher Individual Development Accounts Pilot Program, and (2) the Farmers Market and Local Food Promotion Program. | {"src": "billsum_train", "title": "Beginning Farmers Agenda Act of 2016"} | 4,179 | 332 | 0.618982 | 1.922188 | 0.774655 | 2.32459 | 11.403279 | 0.816393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Donbass People's Militia Terrorist
Designation Act of 2014''.
SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF THE DONBASS PEOPLE'S
MILITIA AS A FOREIGN TERRORIST ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The Donbass People's Militia (DPM) is an armed militia
with allegiance to the Donestsk People's Republic, a self-
proclaimed State in Eastern Europe.
(2) The organization consists of pro-Russian separatists
that have taken up arms against the Ukrainian Armed Forces and
the Government of Ukraine.
(3) The Government of Ukraine has concluded that the DPM is
responsible for shooting down Malaysian Airlines Flight 17 on
July 17, 2014.
(4) The actions of the DPM resulted in the deaths of 283
passengers, 80 of them children, and 15 crew members.
(5) A United Nations report released May 15, 2014,
concluded that ``in eastern Ukraine, freedom of expression is
under particular attack through the harassment of, and threats
to, journalists and media outlets and the increasing prevalence
of hate speech is further fuelling tensions (Section I, Article
5, Section vi).''.
(6) According to the United Nations report, ``Armed groups
continue to illegally seize and occupy public and
administrative buildings in cities and towns of the eastern
regions and proclaim `self-declared regions'''.
(7) Leaders and members of these armed groups commit an
increasing number of human rights abuses, such as abductions,
harassment, unlawful detentions, in particularly of
journalists. This is leading to a breakdown in law and order
and a climate of intimidation and harassment (Section I,
Article 5, Section ii).
(8) A report by the highly respected human rights advocacy
organization, Human Rights Watch, found that ``Anti-Kiev forces
in eastern Ukraine are abducting, attacking, and harassing
people they suspect of supporting the Ukrainian government or
consider undesirable.''.
(9) Militants in the self-proclaimed Donestsk People's
Republic have taken hostages and have yet to release them.
(10) According to a report by the United Nations High
Commissioner for Refugees, the actions of DPM and other
militant groups have caused over 100,000 Ukrainians to flee
their country as refugees and have also displaced approximately
54,000 citizens internally.
(b) Criteria.--Section 219(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation
of an organization as a foreign terrorist organization:
(1) The organization must be a foreign organization.
(2) The organization must engage in terrorist activity, as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retain the capability and intent to engage in
terrorist activity or terrorism.
(3) The organization's terrorist activity or terrorism must
threaten the security of United States nationals or the
national security (national defense, foreign relations, or the
economic interests) of the United States.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Donbass People's Militia has met the criteria for
designation as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (as described in
subsection (b)); and
(2) the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, should
exercise the Secretary of State's statutory authority and
designate the Donbass People's Militia as a foreign terrorist
organization.
(d) Report.--If the Secretary of State does not designate the
Donbass People's Militia as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act within 60 days after
the date of the enactment of this Act, the Secretary of State shall
submit to Congress a report that contains the reasons therefor.
SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL
SUPPORT OR RESOURCES TO THE DONBASS PEOPLE'S MILITIA OR
ITS AFFILIATES, ASSOCIATED GROUPS, OR AGENTS.
(a) Sanctions.--
(1) In general.--The President shall subject to all
available sanctions any person in the United States or subject
to the jurisdiction of the United States who knowingly provides
material support or resources to the Donbass People's Militia
or its affiliates, associated groups, or agents.
(2) Definition.--In this paragraph, the term ``material
support or resources'' has the meaning given such term in
section 2339A(b)(1) of title 18, United States Code.
(b) Inadmissibility and Removal.--
(1) Inadmissability.--Notwithstanding any other provision
of law, the Secretary of State may not issue any visa to, and
the Secretary of Homeland Security shall deny entry to the
United States of, any member or representative of the Donbass
People's Militia or its affiliates, associated groups, or
agents.
(2) Removal.--Any alien who is a member or representative
of the Donbass People's Militia or its affiliates, associated
groups, or agents may be removed from the United States in the
same manner as an alien who is inadmissible under sections
212(a)(3)(B)(i)(IV) or (V) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(i)(IV) or (V)).
(c) Funds.--Any United States financial institution (as defined
under section 5312 of title 31, United States Code) that knowingly has
possession of or control over funds in which the Donbass People's
Militia or its affiliates, associated groups, or agents have an
interest shall retain possession of or control over the funds and
report the funds to the Office of Foreign Assets Control of the
Department of the Treasury. | Donbass People's Militia Terrorist Designation Act of 2014 - Expresses the sense of Congress that the Donbass People's Militia (an armed militia with allegiance to the Donestsk People's Republic, a self-proclaimed state in Eastern Europe) has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate it. Requires the Secretary to report to Congress the reasons why if he does not designate the Donbass People's Militia as a foreign terrorist organization within 60 days. Directs the President to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to the Donbass People's Militia or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of the Donbass People's Militia or its affiliates, associated groups, or agents. Authorizes the removal from the United States of any alien who is a member or representative of the Donbass People's Militia or its affiliates, associated groups, or agents in the same manner as an alien who is inadmissible under certain terrorist grounds. Requires any U.S. financial institution that knowingly has possession of or control over funds in which the Donbass People's Militia or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury. | {"src": "billsum_train", "title": "Donbass People's Militia Terrorist Designation Act of 2014"} | 1,430 | 390 | 0.497319 | 1.764308 | 0.631672 | 6.14094 | 3.996644 | 0.919463 |
SECTION 1. AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) Development and Implementation of System.--In order to provide
for the economic and efficient procurement of automatic data processing
equipment and other commercial items the Administrator of General
Services shall establish a program for the development and
implementation of a system to provide Governmentwide, on-line computer
access to information on products and services that are available for
ordering through multiple award schedules.
(b) Required Capabilities.--The system required by subsection (a)
shall be established as an element of the Federal acquisition computer
network (FACNET) architecture and shall, at a minimum--
(1) provide basic information on the prices, features, and
performance of all products and services available for ordering
through the multiple award schedules;
(2) provide for updating that information to reflect
changes in prices, features, and performance as soon as
information on the changes becomes available;
(3) enable users to make on-line computer comparisons of
the prices, features, and performance of similar products and
services offered by various vendors;
(4) enable users to place, and vendors to receive, on-line
computer orders for products and services available for
ordering through the multiple award schedules (up to the
maximum order limitation of the applicable schedule contract);
(5) enable ordering agencies to make payments to
contractors by bank card, electronic funds transfer, or other
automated methods in cases in which it is practicable and in
the interest of the Federal Government to do so; and
(6) archive data relating to each order placed against
multiple award schedule contracts using such system, including,
at a minimum, data on--
(A) the agency or office placing the order;
(B) the vendor receiving the order;
(C) the products or services ordered; and
(D) the total price of the order.
(c) Implementation.--
(1) Deadline for implementation.--The system required by
subsection (a) shall be implemented not later than January 1,
1998. If the level of the implementation of the FACNET
architecture on that date is insufficient to accommodate full
implementation of the features of the system described in
paragraphs (4) and (5) of subsection (b), the system shall, as
of that date, incorporate those features to the maximum extent
practicable consistent with the level of implementation of the
FACNET architecture.
(2) Certification of 90 percent implementation.--The
Administrator shall certify to Congress that the system
required by subsection (a) has been implemented at such time as
a system meeting the requirements of subsection (b) is in place
and accessible by at least 90 percent of the potential users in
the departments and agencies of the Federal Government.
(d) Relationship to Implementation of FACNET Capability.--Orders
placed against multiple award schedule contracts through the system
required by subsection (a) may be considered for purposes of the
determinations regarding implementation of a Governmentwide FACNET
capability under subsection (b) of section 30A of the Office of Federal
Procurement Policy Act (41 U.S.C. 426a) and implementation of full
FACNET capability under subsection (d) of such section.
SEC. 2. STREAMLINED PROCEDURES; PILOT PROGRAM.
(a) Contracting and Ordering Procedures.--
(1) Required procedures.--In order to provide for
compliance with provisions of law requiring the use of
competitive procedures in Federal Government procurement, the
procedures established by the Administrator of General Services
for the multiple award schedule program shall include
requirements for--
(A) participation in multiple award schedule
contracts to be open to all responsible and responsive
sources; and
(B) orders to be placed using a process which
results in the lowest overall cost alternative to meet
the needs of the Government, except in a case in which
a written determination is made (in accordance with
such procedures) that a different alternative would
provide a substantially better overall value to the
Government.
(2) Electronic ordering procedures.--The Administrator may
require offerors to agree to accept orders electronically
through the electronic exchange of procurement information in
order to be eligible for award of a multiple award schedule
contract.
(3) Commercial items procurements.--Regulations on the
acquisition of commercial items issued pursuant to section 8002
of the Federal Acquisition Streamlining Act of 1994 (Public Law
103-355; 108 Stat. 3386; 41 U.S.C. 264 note) shall apply to
multiple award schedule contracts.
(b) Pilot Program.--Within 90 days after the Administrator makes
the certification referred to in section 1(c)(2), the Administrator
shall establish a pilot program to test streamlined procedures for the
procurement of products and services available for ordering through the
multiple award schedules. The Administrator shall provide for the pilot
program to be applicable to all multiple award schedule contracts for
the purchase of automatic data processing equipment and to test the
following procedures:
(1) A procedure under which negotiation of the terms and
conditions for a covered multiple award schedule contract is
limited to terms and conditions other than price.
(2) A procedure under which the vendor establishes the
prices under a covered multiple award schedule contract and may
adjust those prices at any time in the discretion of the
vendor.
(3) A procedure under which a covered multiple award
schedule contract is awarded to any responsible and responsive
offeror that--
(A) has a suitable record of past performance on
Federal Government contracts, including multiple award
schedule contracts;
(B) agrees to terms and conditions that the
Administrator determines as being required by law or as
being appropriate for the purchase of commercial items;
and
(C) agrees to establish and update prices and to
accept orders electronically through the automated
system established pursuant to section 1.
(c) GAO Report.--
(1) Report required.--Not later than three years after the
date on which the pilot program is established, the Comptroller
General of the United States shall review the pilot program and
report to the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform and Oversight of the
House of Representatives on the results of the pilot program.
(2) Content of report.--The report shall include the
following:
(A) An evaluation of the extent of the competition
for the orders placed under the pilot program.
(B) The effect of the pilot program on prices
charged under multiple award schedule contracts.
(C) The effect of the pilot program on paperwork
requirements for multiple award schedule contracts and
orders.
(D) The impact of the pilot program on small
businesses and socially and economically disadvantaged
small businesses.
(d) Termination of Pilot Program.--Unless reauthorized by Congress,
the authority of the Administrator to award contracts under the pilot
program shall expire four years after the date on which the pilot
program is established. Contracts entered into before the authority
expires shall remain in effect in accordance with their terms
notwithstanding the expiration of the authority to enter new contracts
under the pilot program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Automatic data processing equipment.--The term
``automatic data processing equipment'' has the meaning given
the term in section 111(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(a)).
(2) Commercial item.--The term ``commercial item'' has the
meaning given the term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).
(3) FACNET architecture.--The term ``FACNET architecture''
refers to the Federal acquisition computer network architecture
developed and implemented pursuant to section 30 of the Office
of Federal Procurement Policy Act (40 U.S.C. 426) and has the
meaning given the term ``architecture'' in subsection (d) of
such section.
(4) Competitive procedures.--The term ``competitive
procedures'' has the meaning given the term in section 309(b)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 259(b)). | Directs the Administrator of General Services to establish a program through the use of the Federal acquisition computer network (FACNET) architecture to provide Government-wide, on-line computer access to information on products and services that are available for ordering through multiple award schedules.
Requires the inclusion of certain competitive bidding requirements in the multiple award schedule program.
Requires the Administrator to establish a four-year pilot program to test streamlined procedures for the procurement of products and services (including automatic data processing equipment) available for ordering through the multiple award schedules. Requires the Comptroller General to review the pilot program and report the results to specified congressional committees. | {"src": "billsum_train", "title": "A bill to provide a streamlined contracting and ordering practices for automated data processing equipment and other commercial items."} | 1,707 | 144 | 0.617887 | 1.88172 | 0.686949 | 4.024194 | 13.096774 | 0.895161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Divide Elimination Act of
2001''.
SEC. 2. CREDIT FOR PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to 50 percent of the amount paid
by the taxpayer for qualified computer technology or equipment.
``(b) Dollar Limitation.--The credit allowed by subsection (a) for
any taxable year shall not exceed $500.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any taxpayer who is allowed a credit under section 32
(relating to earned income credit) for the taxable year.
``(2) Qualified computer technology or equipment.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified computer
technology or equipment' means any computer technology
or equipment (as defined in section 170(e)(6)) acquired
by purchase (as defined in section 170(d)(2)).
``(B) Exceptions.--
``(i) Certain software excluded.--Such term
shall not include game software or any other
software which is not necessary for--
``(I) use of the computer for
access and use of the Internet
(including email), or
``(II) business or educational use.
``(ii) Computer must be capable of internet
access.--Such term shall not include any
computer which does not have a modem or other
equipment capable of supporting Internet
access.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Purchase of computers by low-
income individuals.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. EXTENSION AND EXPANSION OF ENHANCED DEDUCTION FOR CHARITABLE
CONTRIBUTIONS OF COMPUTERS.
(a) Extension.--Subparagraph (G) of section 170(e)(6) of the
Internal Revenue Code of 1986 (relating to special rule for
contributions of computer technology and equipment for elementary or
secondary school purposes) is amended by striking ``December 31, 2003''
and inserting ``June 30, 2004''.
(b) Expansion.--Paragraph (6) of section 170(e) of such Code is
amended by redesignating subparagraphs (C), (D), (E), (F) and (G) as
subparagraphs (D), (E), (F), (G), and (H), respectively, and by
striking all that precedes subparagraph (D) (as so redesignated) and
inserting the following:
``(6) Special rule for contributions of computer technology
and equipment.--
``(A) In general.--The amount of any qualified
computer contribution which is taken into account under
this section shall be the greater of--
``(i) the amount determined without regard
to paragraph (1), or
``(ii) the amount determined with regard to
paragraph (1).
``(B) Qualified computer contribution.--For
purposes of this paragraph, the term `qualified
computer contribution' means a charitable contribution
by a corporation of any computer technology or
equipment, but only if--
``(i) the contribution is to a qualified
organization,
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the original use of the property is
by the donor or the donee,
``(iv) substantially all of the use of the
property by the donee is for use within the
United States and, in the case of a qualified
educational organization, for educational
purposes that are related to the purpose or
function of the organization,
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs,
``(vi) in the case of a qualified
educational organization, the property will fit
productively into the entity's education plan,
``(vii) the entity's use and disposition of
the property will be in accordance with the
provisions of clauses (iv) and (v), and
``(viii) the property meets such standards,
if any, as the Secretary may prescribe by
regulation to assure that the property meets
minimum functionality and suitability standards
for educational purposes.
``(C) Qualified organization.--For purposes of this
paragraph--
``(i) In general.--The term `qualified
organization' means--
``(I) any qualified educational
organization,
``(II) a public library (within the
meaning of section 213(2)(A) of the
Library Services and Technology Act (20
U.S.C. 9122(2)(A)), as in effect on the
date of the enactment of the Community
Renewal Tax Relief Act of 2000,
established and maintained by an entity
described in subsection (c)(1) or
located in an area which is an
empowerment zone, enterprise community,
or a high-poverty area (as determined
by the Secretary),
``(III) any technology center
located in such an area, and
``(IV) any entity described in
section 501(c)(3) and exempt from tax
under section 501(a) that is organized
primarily for purposes of providing
computers without charge to lower
income families.
``(ii) Qualified educational
organization.--For purposes of clause (i), the
term `qualified educational organization'
means--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
and
``(II) an entity described in
section 501(c)(3) and exempt from tax
under section 501(a) (other than an
entity described in subclause (I)) that
is organized primarily for purposes of
supporting elementary and secondary
education.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Digital Divide Elimination Act of 2001 - Amends the Internal Revenue Code to allow a tax credit for qualified computer technology or equipment equal to 50 percent of the amount paid for it (up to $500) by any taxpayer allowed an earned income credit.Extends from December 31, 2003, through June 30, 2004, the current enhanced deduction from gross income for charitable contributions of computers for elementary or secondary school purposes. Prescribes a special rule for contributions of computer technology and equipment to a qualified organization made within three years after the taxpayer acquired or constructed the property, if: (1) the property's original use is by the donor or the donee; (2) substantially all of the property's use by the donee is within the United States and, in the case of a qualified educational organization, for educational purposes related to the organization's purpose or function; (3) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation, and transfer costs; and (4) other specified requirements are met. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend and expand the enhanced deduction for charitable contributions of computers to provide greater public access to computers, including access by the poor."} | 1,627 | 219 | 0.549616 | 1.639268 | 0.725136 | 3.760766 | 7 | 0.91866 |
SECTION 1. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF EMPLOYEES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and by
inserting after section 34 the following new section:
``SEC. 35. HEALTH INSURANCE COSTS OF EMPLOYEES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 30 percent of the amount paid during the taxable year for
insurance which constitutes medical care for the taxpayer, his spouse,
and dependents.
``(b) Limitations.--
``(1) Limitation based on employee compensation.--The
payments taken into account under subsection (a) for any
taxable year shall not exceed the taxpayer's wages, salaries,
tips, and other employee compensation includible in gross
income for such taxable year.
``(2) Limitation based on other coverage.--Subsection (a)
shall not apply to--
``(A) any taxpayer for any calendar month for which
the taxpayer is eligible to participate in any
subsidized health plan maintained by any employer of
the taxpayer or of the spouse of the taxpayer, or
``(B) amounts paid for coverage under--
``(i) part B of title XVIII of the Social
Security Act, or
``(ii) a medicare supplemental policy
(within the meaning of section 1882(g)(1) of
the Social Security Act (42 U.S.C.
1395ss(g)(1))) or similar supplemental coverage
provided under a group health plan.
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--No credit shall be allowed under
subsection (a) for any taxable year for which the taxpayer's
adjusted gross income exceeds the applicable dollar amount by
$10,000 or more.
``(2) Phaseout.--If the taxpayer's adjusted gross income
for the taxable year exceeds the applicable dollar amount by
less than $10,000, the credit which would (but for this
subsection and subsection (d)) be allowed under subsection (a)
shall be reduced (but not below zero) by an amount which bears
the same ratio to such credit as such excess bears to $10,000.
Any reduction under the preceding sentence which is not a
multiple of $10 shall be rounded to the next lowest $10.
``(3) Applicable dollar amount.--The term `applicable
dollar amount' means--
``(A) in the case of a taxpayer filing a joint
return, $40,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$25,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(4) Special rule for married individuals filing
separately and living apart.--A husband and wife who--
``(A) file separate returns for any taxable year,
and
``(B) live apart at all times during such taxable
year,
shall not be treated as married individuals for purposes of
this paragraph.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed by subsection (a) for
the taxable year (determined after the application of
subsections (b) and (c)) shall not exceed the sum of--
``(A) the tax imposed by this chapter for the
taxable year (reduced by the credits allowable against
such tax other than the credits allowable under this
subpart), and
``(B) the taxpayer's social security taxes for such
taxable year.
``(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
sections 3101, 3111, 3201(a), and 3221(a) on
amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(ii) the taxes imposed by section 1401 on
the self-employment income of the taxpayer for
the taxable year, and
``(iii) 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 subparagraph.
``(e) Coordination With Other Provisions.--
``(1) Deduction for medical expenses.--The amount taken
into account in computing the credit under subsection (a) shall
not be taken into account in computing the amount allowable to
the taxpayer as a deduction under section 213(a).
``(2) Deduction for health insurance costs of self-employed
individuals.--No amount taken into account under section 162(l)
may be taken into account under this section.
``(f) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(g) Section Not To Apply to Long-Term Care Insurance.--This
section shall not apply to insurance which constitutes medical care by
reason of section 213(d)(1)(C).''
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 35. Health insurance costs of
employees.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to provide a health insurance cost tax credit for certain employees without employer-provided coverage. Subjects such credit to employee compensation, adjusted gross income, and tax limits. Excludes long-term care insurance. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain employees without employer-provided health coverage a refundable credit for their health insurance costs."} | 1,462 | 52 | 0.471986 | 1.075157 | 0.860607 | 1.688889 | 28.8 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathways to Independence Act of
2003''.
SEC. 2. STATE OPTION TO COUNT REHABILITATION SERVICES FOR CERTAIN
INDIVIDUALS AS WORK FOR PURPOSES OF THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
(a) In General.--Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)) is amended by adding at the end the following:
``(E) State option to treat an individual with a
disability, including a substance abuse problem, who is
participating in rehabilitation services as being
engaged in work.--
``(i) Initial 3-month period.--Subject to
clauses (ii) and (iii), for purposes of
determining monthly participation rates under
paragraphs (1)(B)(i) and (2)(B) of subsection
(b), a State may deem an individual described
in clause (iv) as being engaged in work for not
more than 3 months in any 24-month period.
``(ii) Additional 3-month period.--A State
may extend the 3-month period under clause (i)
for an additional 3 months only if, during such
additional 3-month period, the individual
engages in a work activity described in
subsection (d) for such number of hours per
month as the State determines appropriate.
``(iii) Succeeding months.--
``(I) Credit for individuals
participating in work activities and
rehabilitation services.--If a State
has deemed an individual described in
clause (iv) as being engaged in work
for 6 months in accordance with clauses
(i) and (ii), and the State determines
that the individual is unable to
satisfy the work requirement under the
State program funded under this part
that applies to the individual without
regard to this subparagraph because of
the individual's disability, including
a substance abuse problem, the State
shall receive the credit determined
under subclause (II) toward the monthly
participation rate for the State.
``(II) Determination of credit.--
For purposes of subclause (I), the
credit the State shall receive under
that subclause is, with respect to a
month, the lesser of--
``(aa) the sum of the
number of hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month and the number of
hours that the individual
participates in rehabilitation
services under this
subparagraph for the month; or
``(bb) twice the number of
hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month.
``(iv) Individual described.--For purposes
of this subparagraph, an individual described
in this clause is an individual who the State
has determined has a disability, including a
substance abuse problem, and would benefit from
participating in rehabilitative services.
``(v) Definition of disability.--In this
subparagraph, the term `disability' means--
``(I) a physical or mental
impairment that constitutes or results
in a substantial impediment to
employment; or
``(II) a physical or mental
impairment that substantially limits 1
or more major life activities.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2003.
SEC. 3. STATE OPTION TO COUNT CARING FOR A CHILD OR ADULT DEPENDENT FOR
CARE WITH A PHYSICAL OR MENTAL IMPAIRMENT AS MEETING ALL
OR PART OF THE WORK REQUIREMENT.
(a) In General.--Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)), as amended by section 2, is amended by adding at the
end the following:
``(F) Recipient caring for a child or adult
dependent for care with a physical or mental impairment
deemed to be meeting all or part of a family's work
participation requirements for a month.--
``(i) In general.--Subject to clause (ii),
for purposes of determining monthly
participation rates under paragraphs (1)(B)(i)
and (2)(B) of subsection (b), a State may count
the number of hours per week that a recipient
engages in providing substantial ongoing care
for a child or adult dependent for care with a
physical or mental impairment if the State
determines that--
``(I) the child or adult dependent
for care has been verified through a
medically acceptable clinical or
laboratory diagnostic technique as
having a significant physical or mental
impairment or combination of
impairments and as a result of that
impairment, it is necessary that the
child or adult dependent for care have
substantial ongoing care;
``(II) the recipient providing such
care is the most appropriate means, as
determined by the State, by which the
care can be provided to the child or
adult dependent for care;
``(III) for each month in which
this subparagraph applies to the
recipient, the recipient is in
compliance with the requirements of the
recipient's self-sufficiency plan; and
``(IV) the recipient is unable to
participate fully in work activities,
after consideration of whether there
are supports accessible and available
to the family for the care of the child
or adult dependent for care.
``(ii) Total number of hours limited to
being counted as 1 family.--In no event may a
family that includes a recipient to which
clause (i) applies be counted as more than 1
family for purposes of determining monthly
participation rates under paragraphs (1)(B)(i)
and (2)(B) of subsection (b).
``(iii) State requirements.--In the case of
a recipient to which clause (i) applies, the
State shall--
``(I) conduct regular, periodic
evaluations of the recipient's family;
and
``(II) include as part of the
recipient's self-sufficiency plan,
regular updates on what special needs
of the child or the adult dependent for
care, including substantial ongoing
care, could be accommodated either by
individuals other than the recipient or
outside of the home.
``(iv) 2-parent families.--
``(I) In general.--If a parent in a
2-parent family is caring for a child
or adult dependent for care with a
physical or mental impairment--
``(aa) the State may treat
the family as a 1-parent family
for purposes of determining
monthly participation rates
under paragraphs (1)(B)(i) and
(2)(B) of subsection (b); and
``(bb) the State may not
count any hours of care for the
child or adult dependent for
care for purposes of
determining such rates.
``(II) Special rule.--If the adult
dependent for care in a 2-parent family
is 1 of the parents and the State has
complied with the requirements of
clause (iii), the State may count the
number of hours per week that a
recipient engages in providing
substantial ongoing care for that adult
dependent for care.
``(v) Rule of construction.--Nothing in
this subparagraph shall be construed as
prohibiting a State from including in a
recipient's self-sufficiency plan a requirement
to engage in work activities described in
subsection (d).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2003. | Pathways to Independence Act of 2003 - Amends part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act to give States the option to: (1) treat an individual with a disability, including a substance abuse problem, who is participating in rehabilitation services as being engaged in work; and (2) count as a work activity certain care provided to a child with a physical or mental impairment or to an adult dependent with a physical or mental impairment. Limits to three months in any 24-month period the length of time an individual may be deemed as being engaged in work under this Act. Permits an additional three-month extension only if the individual engages in specified work activity for a State-determined appropriate number of hours per month. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to allow a State to treat an individual with a disability, including a substance abuse problem, who is participating in rehabilitation services and who is increasing participation in core work activities as being engaged in work for purposes of the temporary assistance for needy families program, and to allow a State to count as a work activity under that program care provided to a child with a physical or mental impairment or an adult dependent for care with a physical or mental impairment."} | 1,741 | 166 | 0.645943 | 1.862165 | 0.785436 | 3.496644 | 10.744966 | 0.932886 |
SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS
SERVICE FOR ENHANCED ACTIVITIES ALONG THE SOUTHWEST
BORDER.
(a) In General.--In order to enhance border investigative resources
on the Southwest border, intensify efforts against drug smuggling and
money laundering organizations, process cargo, reduce commercial and
passenger traffic waiting times, and open all primary lanes during peak
hours at ports on the Southwest border, there is authorized to be
appropriated for salaries, expenses, and equipment for the United
States Customs Service for purposes of carrying out this section--
(1) $467,320,000 for fiscal year 2002;
(2) $417,832,000 for fiscal year 2003; and
(3) such sums as may be necessary in each fiscal year
thereafter.
(b) Use of Certain Fiscal Year 2002 Funds.--Of the amount
authorized to be appropriated by subsection (a)(1) for fiscal year
2002, $158,320,000 shall be available until expended for acquisition
and other expenses associated with implementation and full deployment
of narcotics enforcement, cargo processing, and counterterrorism
technology along the Southwest border, including--
(1) $4,600,000 for 4 mobile truck gamma ray systems;
(2) $26,600,000 for 14 high energy pallet gamma ray
systems;
(3) $24,300,000 for 9 higher energy truck x-ray upgrades;
(4) $41,300,000 for contract nonintrusive inspection
equipment operators;
(5) $12,000,000 for nonintrusive inspection technology
maintenance;
(6) $800,000 for expansion of Industry Partnership
Programs;
(7) $1,600,000 for canine kennel construction;
(8) $500,000 for replacement of canines;
(9) $1,000,000 for automated targeting systems (narcotics)
maintenance;
(10) $2,500,000 for 10 x-ray vans;
(11) $1,500,000 for 15 tool trucks;
(12) $3,500,000 to refurbish and maintain existing x-ray
vans and tool trucks;
(13) $600,000 for 50 contraband detection kits;
(14) $1,000,000 for 20 remote watch surveillance camera
systems;
(15) $1,000,000 for 40 counterspotter surveillance systems;
(16) $2,500,000 for 10 truck license plate reader systems;
(17) $1,600,000 for 40 narcotics particle detectors;
(18) $14,800,000 for 29 land border vehicle targeting
systems;
(19) $3,000,000 for 250 under vehicle inspection systems;
(20) $1,500,000 for 5 outbound passenger facilities and
canopies;
(21) $1,500,000 for 300 work station replacements;
(22) $3,500,000 for 126 lane installations of Customs
Automated Operations System;
(23) $5,800,000 for 175 explosive vapor trace detectors;
(24) $420,000 for 300 radiation pager detectors;
(25) $720,000 for 90 radiation identification devices; and
(26) $180,000 for radiation and explosive detection
training.
(c) Use of Certain Funds in Fiscal Years After Fiscal Year 2002.--
Of the amount authorized to be appropriated by paragraphs (2) and (3)
of subsection (a) for fiscal year 2003 and each fiscal year thereafter,
$15,832,000 shall be available in each such fiscal year for the
maintenance and support of the equipment and training of personnel to
maintain and support the equipment described in subsection (b), based
on an estimate of 10 percent of the cost of such equipment.
(d) New Technologies; Use of Funds.--
(1) In general.--The Commissioner of Customs may use the
amounts authorized to be appropriated for equipment under this
section for equipment other than the equipment specified in
subsection (b) if such other equipment--
(A)(i) is technologically superior to the equipment
specified in subsection (b); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
specified in subsection (b); or
(B) can be obtained at a lower cost than the
equipment authorized in paragraphs (1) through (26) of
subsection (b).
(2) Transfer of funds.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reallocate an
amount not to exceed 10 percent of the amount specified in any
of paragraphs (1) through (26) of subsection (b) for equipment
specified in any other of such paragraphs (1) through (26).
(e) Peak Hours and Investigative Resource Enhancement.--Of the
amounts authorized to be appropriated by subsection (a), $79,000,000 in
fiscal year 2002 and $172,000,000 in fiscal year 2003 shall be
available for--
(1) in each of fiscal years 2002 and 2003, a net increase
of 419 inspectors, 90 special agents, 88 canine enforcement
officers, and 280 general support positions for the Southwest
border, in order to reduce waiting times at points of entry to
no more than 20 minutes and intensify efforts against drug
smuggling and money laundering organizations; and
(2) the costs incurred as a result of the increase in
personnel hired pursuant to this section.
(f) Ports of Entry Infrastructure Improvement.--Of the amounts
authorized to be appropriated by subsection (a), $230,000,000 in fiscal
year 2002 and $230,000,000 in fiscal year 2003 shall be available for
construction, improvement, and expansion of Customs Service facilities
at ports of entry on the Southwest Border.
(g) Relationship to Other Authorizations of Appropriations.--
Amounts authorized to be appropriated for the United States Customs
Service by subsection (a) are in addition to any other amounts
authorized to be appropriated for the United States Customs Service by
law. | Authorizes additional appropriations to the United States Customs Service for salaries, expenses, and equipment to enhance investigative resources on the Southwest border, intensify efforts against drug smuggling and money laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at ports on such border. Earmarks amounts for: (1) acquisition and other expenses associated with deployment of narcotics enforcement, cargo processing, and counterterrorism technology along the Southwest border; (2) maintenance and support of the equipment and training of personnel to maintain such equipment; (3) new technological equipment; (4) an increase in inspectors, special agents, canine enforcement officers, and general support positions during peak hours for the Southwest border; and (5) construction, improvement, and expansion of Customs Service facilities at Ports of Entry on such border. | {"src": "billsum_train", "title": "To authorize additional appropriations for the United States Customs Service for personnel, technology, and infrastructure to expedite the flow of legal commercial and passenger traffic along the Southwest land border, and for other purposes."} | 1,207 | 180 | 0.657281 | 2.108727 | 1.08826 | 5.91411 | 6.871166 | 0.969325 |
SECTION 1. SHORT TITLE: REFERENCE.
(a) Short Title.--This Act may be cited as the ``Young American
Workers' Bill of Rights''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.
SEC. 2. REPORTING AND RECORDKEEPING.
(a) Child-Labor Laws.--Section 12 (29 U.S.C. 212) is amended by
adding at the end the following new subsection:
``(e)(1) The Secretary and the United States Census Bureau shall
compile annually data from respective State employment security
agencies in all the States (A) on the types of industries and
occupations in which children under the age of 18 are employed, and (B)
on cases in which it was determined that children were employed in
violation of this section.
``(2) If a minor in the course of employment suffers death or an
injury or illness resulting in lost work time of at least 1 working
day, not later than 5 days after the death, injury, or illness, the
employer of the minor shall provide to the State agency a written
description of the death, injury, or illness.
``(3) The Secretary of Health and Human Services, in conjunction
with the Secretary of Labor, shall issue an annual report on the status
of child labor in the United States and its attendant safety and health
hazards.''.
SEC. 3. CERTIFICATES OF EMPLOYMENT.
Section 12 (29 U.S.C. 212), as amended by section 2, is further
amended by adding at the end the following new subsection:
``(f)(1) As used in this subsection:
``(A) The term `minor' means an individual who is under the
age of 18 and who has not received a high school diploma or its
equivalent.
``(B) The term `parents' means the biological parents of a
minor or other individual standing in loco parentis to a minor.
``(2) No employer shall employ a minor unless the minor possesses a
valid certificate of employment issued in accordance with this
subsection.
``(3) The Governor of a State shall designate a State agency to
issue certificates of employment to minors in the State. The agency
shall make available, on request, a form for the application described
in paragraph (4) and shall make available, as part of the certification
process, materials describing applicable Federal requirements governing
the employment of minors and the minor's rights under such
requirements.
``(4) To be eligible to receive a certificate of employment, a
minor must submit to the appropriate State agency an application that
contains--
``(A) the name and address of the minor;
``(B) proof of age of the minor;
``(C) if the minor is under the age of 18--
``(i) a written statement by the parents of the
minor that the parents grant consent for employment of
the minor;
``(ii) written verification from the minor's school
that the minor is meeting at least the minimum school
attendance requirements established by the State and
that such employment will not interfere with the
schooling of the minor; and
``(D) the employer's name, address, signature; and
``(E) with respect to the employment--
``(i) a statement on the nature of the work to be
performed;
``(ii) the daily and weekly hours, and
``(iii) the times of day in which the work is to be
performed.
``(5) On receipt of an application under paragraph (4), a State
agency shall issue to the minor--
``(A) a certificate of employment, if the requirements of
paragraph (4) are met; or
``(B) a statement of the denial of a certificate of
employment (including the reasons for the denial), if the
requirements of paragraph (4) are not met.
``(6) A certificate of employment issued to a minor under this
subsection shall be valid for 1 year after the date of issuance of the
certificate or for the duration of the permitted employment, whichever
is shorter.
``(7) A certificate of employment issued to a minor under this
subsection shall indicate--
``(A) the name, address, and date of birth of the minor;
``(B) a minor will not be employed more than 3 hours per
day or more than 15 hours per week and shall be prohibited from
working before 7 a.m. and after 7 p.m. when school is in
session if such minor is between 14 and 16 years of age and
will not be employed more than 4 hours per school day or more
than 20 hours per week and shall be prohibited from working
before 6 a.m. and after 10 p.m. when school is in session if
such minor is between 16 and 18 years of age; and
``(C) the name, address, and telephone number of the State
agency that may be contacted for additional information
concerning applicable Federal requirements governing the
employment of minors.
``(8) The State agency shall provide a copy of a certificate of
employment issued to a minor under the age of 18 to the parent of the
minor who granted consent pursuant to paragraph (4) and to the local
school district where the minor is enrolled.
``(9) If an employer employs a minor, not later than 14 days after
the date of the commencement of employment of the minor, the employer
shall provide to the State agency written notice of the name and
occupation of the minor and the number of the certificate of employment
issued to the minor.
``(10) Each employer shall post a copy of the provisions of this
Act relating to child labor at each premise of a worksite where one or
more minors is employed.
``(11) A State agency shall report annually to the Secretary
concerning certificates of employment issued under this subsection. The
agency shall include such information as the Secretary requires
(including information on the number of deaths and injuries of minors
reported pursuant to subsection (f)).''.
SEC. 4. REVISIONS OF ORDERS AND REGULATIONS.
(a) Orders.--
(1) In the administration of the Fair Labor Standards Act
of 1938, the Secretary of Labor shall make the following
revisions in the Secretary's child labor orders published in
subpart E of part 570 of title 29, Code of Federal Regulations:
(A) The exemption provided in Order No. 2 (29
C.F.R. 570.52) shall apply to minors who are at least
17 years of age and to driving that is secondary and
incidental to the minor's main occupation. Such
exemption would be limited to 20 percent of the minor's
work in any workday and may not exceed 5 percent of the
minor's work in any workweek.
(B) Order No. 10 (29 C.F.R. 570.61) shall apply
with respect to restaurants and fast food
establishments. Such order shall prohibit individuals
under the age of 18 from cleaning any machinery
irrespective of who has disassembled the machinery.
(2) In the administration of the Fair Labor Standards Act
of 1938, the Secretary of Labor shall find and declare that
poultry processing, seafood processing, paper baling, power
driven meat slicing, and pesticide handling are occupations
that are particularly hazardous for the employment of children
between the ages of 16 and 18 for purposes of section 3(l) of
the Fair Labor Standards Act of 1938.
(b) Child Labor Regulations.--Under child labor regulation No. 3
(subpart C of 29 C.F.R. 570 et seq.)--
(1) individuals under 16 shall be prohibited from making
door-to-door sales for profit,
(2) individuals under 16 shall be prohibited from using
fryers, baking equipment, and cooking equipment in food service
establishments, and
(3) strike out in section 570.34(b)(5) ``(except at soda
fountains, lunch counters, snack bars, or cafeteria serving
counters)''.
SEC. 5. CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.
(a) Willful Violations That Cause Injury or Death.--Section 16 (29
U.S.C. 216) is amended by adding at the end the following new
subsection:
``(f) Any person who willfully violates the provisions of section
12, relating to child labor, or any regulation issued under such
section, shall, on conviction be punished--
``(1) in the case of a willful violation that causes
serious bodily injury to an employee described in section 3(l)
but does not cause death to the employee, by a fine in
accordance with section 3571 of title 18, United States Code,
or by imprisonment for not more than 5 years, or by both,
except that if the conviction is for a willful violation
committed after a first conviction of the person, the person
shall be punished by a fine in accordance with section 3571 of
such title 18 or by imprisonment for not more than 10 years, or
by both; or
``(2) in the case of a willful violation that causes death
to an employee described in section 3(l), by a fine in
accordance with section 3571 of such title 18 or by
imprisonment for not more than 10 years, or by both, except
that if the conviction is for a willful violation committed
after a first conviction of the person, the person shall be
punished by a fine in accordance with section 3571 of such
title 18 or by imprisonment for not more than 20 years, or by
both.''.
(b) No Prior Offense Prerequisite for Child Labor Violation.--The
second sentence of section 16(a) is amended by inserting before the
period at the end the following: ``, except that this sentence shall
not apply to a violation of section 12''.
SEC. 6. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) (29 U.S.C. 216(e)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' after the subsection designation;
(3) by adding at the end the following new paragraphs:
``(2) Any person who willfully violates the provisions of section
12, relating to child labor, or any regulation issued under such
section, on more than one occasion, shall, on such additional
violation, be ineligible--
``(A) for any grant, contract, or loan provided by an
agency of the United States or by appropriated funds of the
United States, for 5 years after the date of such additional
violation;
``(B) to pay the training wage authorized by section 6 of
the Fair Labor Standards Amendments of 1989 (29 U.S.C. 206
note); or
``(C) to employ a minor for a period of 5 years from the
date of such violation.''.
SEC. 7. CIVIL ACTIONS FOR CHILD LABOR VIOLATIONS.
Section 16 (29 U.S.C. 216), as amended by section 5, is amended by
adding at the end the following:
``(g) Any employer who violates section 12 shall be liable for such
legal or equitable relief as may be appropriate. An action to recover
such relief may be brought against any employer in any Federal or State
court of competent jurisdiction by any employee subject to the
protections of section 12 or by the employee's survivors. The court in
such an action shall, in addition to any other judgment awarded to the
plaintiff, allow a reasonable attorney's fee to be paid by the
defendant and costs of the action. If the employee or the employee's
survivors obtain a judgment under this subsection and also seek
recovery for the same violation through State worker's compensation,
this subsection does not preclude a State from choosing to offset
recovery obtained under this subsection against recovery provided
through State worker's compensation.''.
SEC. 8. COORDINATION.
(a) In General.--The Secretary of Labor shall establish and
encourage closer working relationships among Federal and State agencies
having responsibility for enforcing labor, safety and health, and
immigration laws.
(b) Referrals.--
(1) The Secretary of Labor shall establish a referral
system under which employees engaged in the enforcement of the
Fair Labor Standards Act of 1938 and the Occupational Safety
and Health Act of 1970 shall--
(A) exchange information about suspected violators
of the Acts and monitor the results of referrals to
each other, and
(B) provide basic training to each other's staffs
concerning the requirements of such Acts.
(2) The Secretary of Labor shall require employees engaged
in the enforcement of the Fair Labor Standards Act of 1938 and
the Occupational Safety and Health Act of 1970 to establish a
referral system with--
(A) employees of the Immigration and Naturalization
Service engaged in the enforcement of the Immigration
and Nationality Act, and
(B) employees of Departments of Labor of the States
engaged in the enforcement of State minimum wage and
occupational safety and health laws.
The Immigration and Naturalization Service and the State
Departments of Labor shall each be encouraged by the Secretary
of Labor to establish information exchanges and, to the extent
practicable, provided training to each other's staffs
concerning the requirements of the Acts enforced by the
respective agencies.
(c) Advice From Private and Public Sectors.--The Secretary shall
seek information and advice from representative elements of the private
sector and the non-Federal governmental sector with respect to the
provisions of the Fair Labor Standards Act of 1938 and corresponding
regulations as they pertain to the employment of minors.
(d) Advisory Committee.--The Secretary shall establish an Advisory
Committee for Child Labor to provide overall policy advice on matters
referred to in subsection (c). The Committee shall be composed of not
less than 21 individuals, and shall include representatives of
government, labor, industry, education, agriculture, health
professions, small business, youth, service industries, retailers,
consumer interests, human rights, child welfare, and the general
public. The Committee shall meet quarterly at the call of the Secretary
or upon the call of a majority of the Committee, a quorum being
present. The Chairperson of the Committee shall be elected by the
Committee from among its members. Members of the Committee shall be
appointed by the President for a period of 4 years and may be
reappointed for one or more additional periods. The Secretary shall
make available to the Committee such staff, information, personnel, and
administrative services and assistance as it may reasonably require to
carry out its activities.
SEC. 9. PUBLICATION OF VIOLATORS.
(a) In General.--The Secretary of Labor shall publish and
disseminate the names and addresses of each person who has willfully
violated the provisions of section 12 of the Fair Labor Standards Act
of 1938 relating to child labor or any regulation under such section
and the types of violations committed by such person and shall
distribute the publication regionally.
(b) Notice to School Districts.--The Secretary shall post and
otherwise make available to affected school districts the name of each
employer who violates the provisions of section 12 of the Fair Labor
Standards Act of 1938, relating to child labor, or any regulation
issued under such section together with a description of the location
and nature of the violation.
SEC. 10. COVERAGE.
The provisions of sections 12 and 16(e) of the Fair Labor Standards
Act of 1938 shall apply to employers regardless of the annual dollar
volume of sales whereby certain enterprises are exempted from coverage
under such Act.
SEC. 11. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL
WORKERS.
(a) Definition of Oppressive Child Labor.--The first sentence of
section 3(l) (29 U.S.C. 203(l)) is amended--
(1) by striking ``or'' before ``(2)''; and
(2) by inserting before the semicolon the following: ``, or
(3) any employee under the age of 14 years is employed by an
employer as a migrant agricultural worker (as defined in
section 3(8) of the Migrant and Seasonal Agricultural
Protection Act (29 U.S.C. 1802(8)) or seasonal agricultural
worker (as defined in section 3(10) of such Act)''.
(b) Exemptions.--Section 13 (29 U.S.C. 213) is amended--
(1) in subsection (a)(6), by inserting before the semicolon
at the end the following: ``, except that this paragraph shall
not apply to an employee described in section 3(l)(3)''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Except as
provided in paragraph (2) or (4)'' and inserting
``Except as provided in paragraph (2), (4), or (5)'';
and
(B) by adding at the end the following new
paragraph:
``(5) The provisions of section 12 relating to child labor shall
apply to an employee described in section 3(l)(3).''.
SEC. 12. REGULATIONS.
The Secretary of Labor shall issue such regulations as are
necessary to carry out this Act and the amendments made by this Act.
SEC. 13. AUTHORIZATION.
There is authorized to be appropriated to the Secretary of Labor
such sums as may be necessary for the additional costs resulting from
the amendments made by sections 2 and 5. | Young American Workers' Bill of Rights - Amends the Fair Labor Standards Act of 1938 to revise and increase requirements relating to child labor standards, including: (1) reporting, recordkeeping, and certification; (2) orders and regulations; (3) penalties; (4) coverage regardless of sales volume; (5) civil actions; and (6) migrant or seasonal agricultural labor.
Directs the Secretary of Labor to: (1) compile annual data relating to child labor (jointly with the Census Bureau); (2) provide for coordination among enforcement personnel for Federal and State labor standards, occupational health and safety laws, and Federal immigration laws; (3) establish an Advisory Committee for Child Labor; and (4) publicize violators of child labor laws.
Authorizes appropriations. | {"src": "billsum_train", "title": "Young American Workers' Bill of Rights"} | 3,856 | 160 | 0.476392 | 1.269431 | 0.723281 | 2.426752 | 23.267516 | 0.936306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006''.
SEC. 2. DEFINITION.
As used in this Act, the term ``applicable Act'' means the Act
entitled ``An Act to extend and modify authorities needed to combat
terrorism, and for other purposes.'' (109th Congress, 2d Session).
SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.
Subsection (f) of section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the applicable
Act, is amended to read as follows:
``(f)(1) In this subsection--
``(A) the term `production order' means an order to produce any
tangible thing under this section; and
``(B) the term `nondisclosure order' means an order imposed
under subsection (d).
``(2)(A)(i) A person receiving a production order may challenge the
legality of that order by filing a petition with the pool established
by section 103(e)(1). Not less than 1 year after the date of the
issuance of the production order, the recipient of a production order
may challenge the nondisclosure order imposed in connection with such
production order by filing a petition to modify or set aside such
nondisclosure order, consistent with the requirements of subparagraph
(C), with the pool established by section 103(e)(1).
``(ii) The presiding judge shall immediately assign a petition
under clause (i) to 1 of the judges serving in the pool established by
section 103(e)(1). Not later than 72 hours after the assignment of such
petition, the assigned judge shall conduct an initial review of the
petition. If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the petition and
affirm the production order or nondisclosure order. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall promptly consider the petition in accordance with the procedures
established under section 103(e)(2).
``(iii) The assigned judge shall promptly provide a written
statement for the record of the reasons for any determination under
this subsection. Upon the request of the Government, any order setting
aside a nondisclosure order shall be stayed pending review pursuant to
paragraph (3).
``(B) A judge considering a petition to modify or set aside a
production order may grant such petition only if the judge finds that
such order does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
production order, the judge shall immediately affirm such order, and
order the recipient to comply therewith.
``(C)(i) A judge considering a petition to modify or set aside a
nondisclosure order may grant such petition only if the judge finds
that there is no reason to believe that disclosure may endanger the
national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person.
``(ii) If, upon filing of such a petition, the Attorney General,
Deputy Attorney General, an Assistant Attorney General, or the Director
of the Federal Bureau of Investigation certifies that disclosure may
endanger the national security of the United States or interfere with
diplomatic relations, such certification shall be treated as
conclusive, unless the judge finds that the certification was made in
bad faith.
``(iii) If the judge denies a petition to modify or set aside a
nondisclosure order, the recipient of such order shall be precluded for
a period of 1 year from filing another such petition with respect to
such nondisclosure order.
``(D) Any production or nondisclosure order not explicitly modified
or set aside consistent with this subsection shall remain in full
effect.
``(3) A petition for review of a decision under paragraph (2) to
affirm, modify, or set aside an order by the Government or any person
receiving such order shall be made to the court of review established
under section 103(b), which shall have jurisdiction to consider such
petitions. The court of review shall provide for the record a written
statement of the reasons for its decision and, on petition by the
Government or any person receiving such order for writ of certiorari,
the record shall be transmitted under seal to the Supreme Court of the
United States, which shall have jurisdiction to review such decision.
``(4) Judicial proceedings under this subsection shall be concluded
as expeditiously as possible. The record of proceedings, including
petitions filed, orders granted, and statements of reasons for
decision, shall be maintained under security measures established by
the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
``(5) All petitions under this subsection shall be filed under
seal. In any proceedings under this subsection, the court shall, upon
request of the Government, review ex parte and in camera any Government
submission, or portions thereof, which may include classified
information.''.
SEC. 4. DISCLOSURES.
(a) FISA.--Subparagraph (C) of section 501(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)(2)), as
amended by the applicable Act, is amended to read as follows:
``(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under subparagraph (A) or (C) of
paragraph (1) shall identify to the Director or such designee the
person to whom such disclosure will be made or to whom such disclosure
was made prior to the request.''.
(b) Title 18.--Paragraph (4) of section 2709(c) of title 18, United
States Code, as amended by the applicable Act, is amended to read as
follows:
``(4) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to
the Director or such designee the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, except that nothing in this section shall require a person
to inform the Director or such designee of the identity of an
attorney to whom disclosure was made or will be made to obtain
legal advice or legal assistance with respect to the request under
subsection (a).''.
(c) Fair Credit Reporting Act.--
(1) In general.--Paragraph (4) of section 626(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681u(d)), as amended by the
applicable Act, is amended to read as follows:
``(4) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to
the Director or such designee the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, except that nothing in this section shall require a person
to inform the Director or such designee of the identity of an
attorney to whom disclosure was made or will be made to obtain
legal advice or legal assistance with respect to the request for
the identity of financial institutions or a consumer report
respecting any consumer under this section.''.
(2) Other agencies.--Paragraph (4) of section 627(c) of the
Fair Credit Reporting Act (15 U.S.C. 1681v(c)), as amended by the
applicable Act, is amended to read as follows:
``(4) At the request of the authorized government agency, any
person making or intending to make a disclosure under this section
shall identify to the requesting official of the authorized
government agency the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request, except
that nothing in this section shall require a person to inform the
requesting official of the identity of an attorney to whom
disclosure was made or will be made to obtain legal advice or legal
assistance with respect to the request for information under
subsection (a).''.
(d) Right to Financial Privacy Act.--
(1) In general.--Subparagraph (D) of section 1114(a)(3) of the
Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)), as amended
by the applicable Act, is amended to read as follows:
``(D) At the request of the authorized Government authority or
the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the requesting
official of the authorized Government authority or the Secret
Service the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request, except that nothing
in this section shall require a person to inform the requesting
official of the authorized Government authority or the Secret
Service of the identity of an attorney to whom disclosure was made
or will be made to obtain legal advice or legal assistance with
respect to the request for financial records under this
subsection.''.
(2) Federal bureau of investigation.--Clause (iv) of section
1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(D)), as amended by the applicable Act, is amended to
read as follows:
``(iv) At the request of the Director of the Federal
Bureau of Investigation or the designee of the Director,
any person making or intending to make a disclosure under
this section shall identify to the Director or such
designee the person to whom such disclosure will be made or
to whom such disclosure was made prior to the request,
except that nothing in this section shall require a person
to inform the Director or such designee of the identity of
an attorney to whom disclosure was made or will be made to
obtain legal advice or legal assistance with respect to the
request for financial records under subparagraph (A).''.
(e) National Security Act of 1947.--Paragraph (4) of section 802(b)
of the National Security Act of 1947 (50 U.S.C. 436(b)), as amended by
the applicable Act, is amended to read as follows:
``(4) At the request of the authorized investigative agency,
any person making or intending to make a disclosure under this
section shall identify to the requesting official of the authorized
investigative agency the person to whom such disclosure will be
made or to whom such disclosure was made prior to the request,
except that nothing in this section shall require a person to
inform the requesting official of the identity of an attorney to
whom disclosure was made or will be made to obtain legal advice or
legal assistance with respect to the request under subsection
(a).''.
SEC. 5. PRIVACY PROTECTIONS FOR LIBRARY PATRONS.
Section 2709 of title 18, United States Code, as amended by the
applicable Act, is amended by adding at the end the following:
``(f) Libraries.--A library (as that term is defined in section
213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)),
the services of which include access to the Internet, books, journals,
magazines, newspapers, or other similar forms of communication in print
or digitally by patrons for their use, review, examination, or
circulation, is not a wire or electronic communication service provider
for purposes of this section, unless the library is providing the
services defined in section 2510(15) (`electronic communication
service') of this title.''.
This Act shall become effective immediately upon enactment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow a person receiving a production order (an order from the Director of the Federal Bureau of Investigation (FBI) or his designee (Director) to produce any tangible thing, such as a book, document, or record) to challenge its legality by filing a petition with a pool of three district court judges established by the Chief Justice of the United States for such purpose. Permits the filing of a petition, no sooner than one year after issuance of the production order, challenging any accompanying nondisclosure order (an order prohibiting the person receiving the production order from disclosing that the FBI sought information).
Requires the presiding judge of the pool to immediately assign a judge to conduct an initial review of a petition. Requires such judge, within 72 hours of the assignment, to make an initial petition review. Requires the judge to immediately deny such petition if it is frivolous and affirm the production or nondisclosure order.
Permits any order setting aside a nondisclosure order to be stayed pending review upon request of the government. Permits setting aside a nondisclosure order if there is no reason to believe that national security would be endangered. Establishes as conclusive a certification by the Director or the Attorney General that the setting aside of a nondisclosure order may endanger national security or interfere with diplomatic relations, unless the certification was found to be made in bad faith.
Requires upholding a production order unless it is found to be unlawful. Requires immediate compliance with the production order if the judge does not set aside such order.
Grants the Supreme Court, upon writ of certiorari, jurisdiction to review a decision. Requires any judicial review to be as expeditious as possible and all petitions to be filed under seal. Requires any court proceedings, upon request from the government, to be ex parte and in camera.
Amends federal criminal law, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to require a person making a disclosure to identify to the Director or requesting official the person to whom such disclosure will be made or was made prior to the request, but permits withholding the identity of an attorney to whom a disclosure was or will be made to obtain legal advice or assistance with respect to the request.
Considers a library not to be a wire or electronic service communication provider for purposes of granting national security letters, unless the library provides "electronic communication service."
Makes this Act effective immediately upon enactment. | {"src": "billsum_train", "title": "A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes."} | 2,611 | 616 | 0.619706 | 2.193851 | 0.688136 | 2.98583 | 4.921053 | 0.892713 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF THERMAL TRANSFER
MULTIFUNCTION MACHINES.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall,
not later than 180 days after the receipt of the request described in
subsection (b), liquidate or reliquidate each entry described in
subsection (d) containing any merchandise which, at the time of the
original liquidation, was classified under subheading 8517.21.00 of the
Harmonized Tariff Schedule of the United States (relating to indirect
electrostatic copiers) or subheading 9002.12.00 of such Schedule
(relating to indirect electrostatic copiers), at the rate of duty that
would have been applicable to such merchandise if the merchandise had
been liquidated or reliquidated under subheading 8571.60.65 of the
Harmonized Tariff Schedule of the United States (relating to other
automated data processing (ADP) thermal transfer printer units) on the
date of entry.
(b) Requests.--Reliquidation may be made under subsection (a) with
respect to an entry described in subsection (d) only if a request
therefor is filed with the Customs Service within 90 days after the
date of enactment of this Act and the request contains sufficient
information to enable the Customs Service to locate the entry or
reconstruct the entry if it cannot be located.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 180 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a),
filed at the port of Los Angeles, are as follows:
------------------------------------------------------------------------
Date of Entry Entry Number Liquidation Date
------------------------------------------------------------------------
01/17/97 112-9638417-3 02/21/97
01/10/97 112-9637684-9 03/07/97
01/03/97 112-9636723-6 04/18/97
01/07/97 112-9637561-9 04/25/97
01/10/97 112-9637686-4 03/07/97
02/21/97 112-9642157-9 09/12/97
02/14/97 112-9641619-9 06/06/97
02/14/97 112-9641693-4 06/06/97
02/21/97 112-9642156-1 09/12/97
02/28/97 112-9643326-9 09/12/97
03/18/97 112-9645336-6 09/19/97
03/21/97 112-9645682-3 09/19/97
03/21/97 112-9645681-5 09/19/97
03/21/97 112-9645698-9 09/19/97
03/14/97 112-9645026-3 09/19/97
03/14/97 112-9645041-2 09/19/97
03/20/97 112-9646075-9 09/19/97
03/14/97 112-9645026-3 09/19/97
04/04/97 112-9647309-1 09/19/97
04/04/97 112-9647312-5 09/19/97
04/04/97 112-9647316-6 09/19/97
04/11/97 112-9300151-5 10/31/97
04/11/97 112-9300287-7 09/26/97
04/11/97 112-9300308-1 02/20/98
04/10/97 112-9300356-0 09/26/97
04/16/97 112-9301387-4 09/26/97
04/22/97 112-9301602-6 09/26/97
04/18/97 112-9301627-3 09/26/97
04/21/97 112-9301615-8 09/26/97
04/25/97 112-9302445-9 10/31/97
04/25/97 112-9302298-2 09/26/97
04/25/97 112-9302205-7 09/26/97
04/04/97 112-9302371-7 09/26/97
05/26/97 112-9305730-1 09/26/97
05/21/97 112-9305527-1 09/26/97
05/30/97 112-9306718-5 09/26/97
05/19/97 112-9304958-9 09/26/97
05/16/97 112-9305030-6 09/26/97
05/07/97 112-9303702-2 09/26/97
05/09/97 112-9303707-1 09/26/97
05/10/97 112-9304256-8 09/26/97
05/31/97 112-9306470-3 09/26/97
05/02/97 112-9302717-1 09/19/97
06/20/97 112-9308793-6 09/26/97
06/18/97 112-9308717-5 09/26/97
06/16/97 112-9308538-5 09/26/97
06/09/97 112-9307568-3 09/26/97
06/06/97 112-9307144-3 09/26/97
------------------------------------------------------------------------ | Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. | {"src": "billsum_train", "title": "A bill to provide for the reliquidation of certain entries of certain thermal transfer multifunction machines."} | 1,266 | 97 | 0.668131 | 1.97518 | 1.004869 | 4.381579 | 11.197368 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have breached the public trust.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed during the One Hundred
Tenth Congress or later.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 219 (officers and
employees acting as agents of foreign principals), 286
(conspiracy to defraud the Government with respect to claims),
287 (false, fictitious or fraudulent claims), 371 (conspiracy
to commit offense or to defraud the United States), 597
(expenditures to influence voting), 599 (promise of appointment
by candidate), 602 (solicitation of political contributions),
606 (intimidation to secure political contributions), 607
(place of solicitation), 641 (public money, property or
records), 1001 (statements or entries generally), 1341 (frauds
and swindles), 1343 (fraud by wire, radio, or television), 1503
(influencing or injuring officer or juror), 1951 (interference
with commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), or 1962 (prohibited activities) of title 18 or
section 7201 of the Internal Revenue Code of 1986 (attempt to
evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed during the One Hundred Tenth
Congress or later.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''.
(c) Thrift Savings Plan.--Paragraph (5) of section 8432(g) of title
5, United States Code, is amended by striking ``(5)'' and inserting
``(5)(A)'' and by adding at the end the following:
``(B) Notwithstanding any other provision of law, contributions
made by the Government under subsection (c) for the benefit of an
individual and all earnings attributable to such contributions shall be
forfeited--
``(i) if any service rendered by such individual as a
Member is made noncreditable as a result of a conviction
described in section 8411(i); but only
``(ii) to the extent of any contributions attributable to
periods of service rendered by such individual as a Member (as
described in section 8411(i)(1)) and earnings thereon.''. | Congressional Pension Forfeiture Act of 2005 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) committed during the 110th Congress or later. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines "Member" as "the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico."
Forfeits Thrift Savings Plan contributions made by the government for the benefit of an individual and all earnings attributed to such contributions as a result of the Member's conviction. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide that if a Member of Congress is convicted of a felony, such Member shall not be eligible for retirement benefits, and for other purposes."} | 1,633 | 195 | 0.493608 | 1.576027 | 0.751687 | 2.23125 | 9.65625 | 0.78125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Block Grant Performance Standards
Act of 1995''.
SEC. 2. ADMINISTRATION OF BLOCK GRANTS.
Chapter 73 of title 31, United States Code, is amended by adding at
the end thereof the following new subchapter:
``SUBCHAPTER II--CONDITIONS APPLICABLE TO BLOCK GRANTS
``Sec. 7321. Purposes
``The purposes of this subchapter are to--
``(1) enable more efficient use of Federal, State, and
local resources;
``(2) establish accountability for achieving the purposes
of block grant programs; and
``(3) establish effective partnerships to address critical
issues of public interest.
``Sec. 7322. Definitions
``For purposes of this subchapter, the term--
``(1) `block grant program' means a program in which
Federal funds are directly allocated to States, localities, or
other recipients for use at the discretion of such States,
localities, or recipients in meeting stated Federal purposes;
and
``(2) `plan' means a block grant strategic plan described
under section 7324.
``Sec. 7323. Requirement of approved block grant strategic plans
``No payment may be paid under any block grant program to any
eligible entity unless such entity has submitted and received approval
for a plan.
``Sec. 7324. Block grant strategic plans
``The head of an agency administering a block grant program shall
designate the criteria that shall be included in a block grant
strategic plan. At a minimum, each plan shall contain--
``(1) a description of goals and objectives, including
outcome related goals and objectives for each of the designated
program activities for each of the first 6 fiscal years of the
plan;
``(2) a description of how the goals and objectives are to
be achieved, including a description of the operational
processes, skills and technology, and the human, capital,
information and other objectives required to meet the goals and
objectives for the current fiscal year;
``(3) a description of performance indicators to be used in
measuring or assessing the relevant output service levels and
outcomes of each of the mandatory program activities; and
``(4) a description of the program evaluation to be used in
comparing actual results with established goals and objectives,
and the designation of results as highly successful or failing
to meet the goals and objectives of the program.
``Sec. 7325. Review and approval of block grant strategic plans
``After receipt of a plan, the head of an agency shall--
``(1) no later than 90 days after the receipt of the
application, approve or disapprove all or part of the plan;
``(2) no later than 15 days after the date of such approval
or disapproval, notify the applicant in writing of the approval
or disapproval; and
``(3) in the case of any disapproval of a plan, include a
written justification of the reasons for disapproval in the
written notice of disapproval.
``Sec. 7326. Community advisory committees
``(a) An entity applying for a block grant shall establish a
community advisory committee in accordance with this section.
``(b) A community advisory committee shall advise an applicant in
the development and implementation of a plan, including advice with
respect to--
``(1) conducting public hearings; and
``(2) receiving comment and reviews from communities
affected by the plan.
``(c) Membership of the community advisory committee shall
include--
``(1) persons with leadership experience in private
business and voluntary organizations;
``(2) elected officials representing jurisdictions included
in the plan;
``(3) representatives of participating qualified
organizations;
``(4) the general public; and
``(5) individuals and representatives of community
organizations who shall help to enhance the leadership role of
the local government in developing a plan.
``(d) Before submitting an application for approval, or any reports
required as a condition of receiving any payment under a block grant
program, the applicant shall submit such application or report to the
community advisory committee for review and comment. Any comments of
the committee shall be submitted with the application or report to the
head of an agency.
``Sec. 7327. Technical and other assistance
``The head of an agency administering a block grant program may
provide technical assistance to applicants for block grants in
developing information necessary for the design or implementation of a
plan.
``Sec. 7328. Conditional termination or alteration of block grant
strategic plan
``(a) The head of an agency administering a block grant program
shall establish procedures by regulation for implementing penalties of
not less than 5 percent of the grant a recipient would otherwise
receive for failing to meet the goals and objectives included in the
plan for a block grant.
``(b) The head of an agency shall establish procedures by
regulation for--
``(1) suspending the grant a recipient would otherwise
receive for a period of 3 years for failure for 2 consecutive
years to meet the goals and objectives included in the plan for
a block grant; and
``(2) reallocating the amount of the grant a recipient
would otherwise receive to other governmental or nonprofit
institutions within the plan.
``Sec. 7329. Administration with other conditions of block grant
programs
``The provisions of this subchapter (including all conditions and
requirements) shall supersede any other provision of law relating to
the administration of any block grant program only to the extent of any
inconsistency with such other provision.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--Chapter 73 of title 31, United States Code,
is amended by striking out the chapter heading and the table of
sections and inserting in lieu thereof the following:
``CHAPTER 73--ADMINISTERING BLOCK GRANTS
``SUBCHAPTER I--BLOCK GRANT AMOUNTS
``Sec.
``7301. Purpose.
``7302. Definitions.
``7303. Reports and public hearings on proposed uses of amounts.
``7304. Availability of records.
``7305. State auditing requirements.
``SUBCHAPTER II--CONDITIONS APPLICABLE TO BLOCK GRANTS
``7321. Purposes.
``7322. Definitions.
``7323. Requirement of approved block grant strategic plans.
``7324. Block grant strategic plans.
``7325. Review and approval of block grant strategic plans.
``7326. Community advisory committees.
``7327. Technical and other assistance.
``7328. Conditional termination or alteration of block grant strategic
plan.
``7329. Administration with other conditions of block grant programs.
``SUBCHAPTER I--BLOCK GRANT AMOUNTS''.
(b) Chapter References.--Chapter 73 of title 31, United States
Code, is amended--
(1) in section 7301 in the matter preceding paragraph (1)
by striking out ``chapter'' and inserting in lieu thereof
``subchapter''; and
(2) in section 7302 in the matter preceding paragraph (1)
by striking out ``chapter'' and inserting in lieu thereof
``subchapter''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on October 1, 1997, and shall apply to
payments under block grant programs on and after such date. | Block Grant Performance Standards Act of 1995 - Amends Federal law to establish performance criteria to be included in a block grant strategic plan. Requires an entity applying for a block grant to establish a community advisory committee to advise the entity in the development and implementation of a plan. | {"src": "billsum_train", "title": "Block Grant Performance Standards Act of 1995"} | 1,667 | 63 | 0.534141 | 1.24583 | 0.806246 | 3.358491 | 29.45283 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Enhanced Transition
Services Act of 2005''.
SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS.
(a) Preseparation Counseling.--Section 1142 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``provide for
individual preseparation counseling'' and inserting
``shall provide individual preseparation counseling'';
(B) by redesignating paragraph (4) as paragraph
(6); and
(C) by inserting after paragraph (3) the following:
``(4) For members of the reserve components who have been serving
on active duty continuously for at least 180 days, the Secretary
concerned shall require that preseparation counseling under this
section be provided to all such members (including officers) before the
members are separated.
``(5) The Secretary concerned shall ensure that commanders of
members entitled to services under this section authorize the members
to obtain such services during duty time.''.
(2) in subsection (b)--
(A) in paragraph (4), by striking ``(4) Information
concerning'' and inserting the following:
``(4) Provision of information on civilian occupations and
related assistance programs, including information concerning--
``(A) certification and licensure requirements that
are applicable to civilian occupations;
``(B) civilian occupations that correspond to
military occupational specialties; and
``(C)''; and
(B) by adding at the end the following:
``(11) Information concerning the priority of service for
veterans in the receipt of employment, training, and placement
services provided under qualified job training programs of the
Department of Labor.
``(12) Information concerning veterans small business
ownership and entrepreneurship programs of the Small Business
Administration and the National Veterans Business Development
Corporation.
``(13) Information concerning employment and reemployment
rights and obligations under chapter 43 of title 38.
``(14) Information concerning veterans preference in
federal employment and federal procurement opportunities.
``(15) Information concerning homelessness, including risk
factors, awareness assessment, and contact information for
preventative assistance associated with homelessness.
``(16) Contact information for housing counseling
assistance.
``(17) A description, developed in consultation with the
Secretary of Veterans Affairs, of health care and other
benefits to which the member may be entitled under the laws
administered by the Secretary of Veterans Affairs.
``(18) If a member is eligible, based on a preseparation
physical examination, for compensation benefits under the laws
administered by the Secretary of Veterans Affairs, a referral
for a medical examination by the Secretary of Veterans Affairs
(commonly known as a `compensation and pension
examination').'';
(3) by adding at the end the following:
``(d) Additional Requirements.--(1) The Secretary concerned shall
ensure that--
``(A) preseparation counseling under this section includes
material that is specifically relevant to the needs of--
``(i) persons being separated from active duty by
discharge from a regular component of the armed forces;
and
``(ii) members of the reserve components being
separated from active duty;
``(B) the locations at which preseparation counseling is
presented to eligible personnel include--
``(i) each military installation under the
jurisdiction of the Secretary;
``(ii) each armory and military family support
center of the National Guard;
``(iii) inpatient medical care facilities of the
uniformed services where such personnel are receiving
inpatient care; and
``(iv) in the case of a member on the temporary
disability retired list under section 1202 or 1205 of
this title who is being retired under another provision
of this title or is being discharged, a location
reasonably convenient to the member;
``(C) the scope and content of the material presented in
preseparation counseling at each location under this section
are consistent with the scope and content of the material
presented in the preseparation counseling at the other
locations under this section; and
``(D) follow up counseling is provided for each member of
the reserve components described in subparagraph (A) not later
than 180 days after separation from active duty.
``(2) The Secretary concerned shall, on a continuing basis, update
the content of the materials used by the National Veterans Training
Institute and such officials' other activities that provide direct
training support to personnel who provide preseparation counseling
under this section.
``(e) National Guard Members on Duty in State Status.--(1) Members
of the National Guard, who are separated from long-term duty to which
ordered under section 502(f) of title 32, shall be provided
preseparation counseling under this section to the same extent that
members of the reserve components being discharged or released from
active duty are provided preseparation counseling under this section.
``(2) The preseparation counseling provided personnel under
paragraph (1) shall include material that is specifically relevant to
the needs of such personnel as members of the National Guard.
``(3) The Secretary of Defense shall prescribe, by regulation, the
standards for determining long-term duty under paragraph (1).''; and
(4) by amending the heading to read as follows:
``Sec. 1142. Members separating from active duty: preseparation
counseling''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 58 of title 10, United States Code, is amended by striking the
item relating to section 1142 and inserting the following:
``1142. Members separating from active duty: preseparation
counseling.''.
(c) Department of Labor Transitional Services Program.--Section
1144 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``paragraph (4)(A)''
in the second sentence and inserting ``paragraph (6)(A)'';
(2) by amending subsection (c) to read as follows:
``(c) Participation.--(1) Subject to paragraph (2), the Secretary
and the Secretary of Homeland Security shall require participation by
members of the armed forces eligible for assistance under the program
carried out under this section.
``(2) The Secretary and the Secretary of Homeland Security need not
require, but shall encourage and otherwise promote, participation in
the program by the following members of the armed forces described in
paragraph (1):
``(A) Each member who has previously participated in the
program.
``(B) Each member who, upon discharge or release from
active duty, is returning to--
``(i) a position of employment; or
``(ii) pursuit of an academic degree or other
educational or occupational training objective that the
member was pursuing when called or ordered to such
active duty.
``(3) The Secretary concerned shall ensure that commanders of
members entitled to services under this section authorize the members
to obtain such services during duty time.''; and
(3) by adding at the end the following:
``(e) Updated Materials.--The Secretary concerned shall, on a
continuing basis, update the content of all materials used by the
Department of Labor that provide direct training support to personnel
who provide transitional services counseling under this section.''.
SEC. 3. BENEFITS DELIVERY AT DISCHARGE PROGRAMS.
(a) Plan for Maximum Access to Benefits.--
(1) In general.--The Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veterans Affairs shall
jointly submit to Congress a plan to maximize access to
benefits delivery at discharge programs for members of the
Armed Forces.
(2) Contents.--The plan submitted under paragraph (1) shall
include a description of efforts to ensure that services under
programs described in paragraph (1) are provided, to the
maximum extent practicable--
(A) at each military installation under the
jurisdiction of the Secretary;
(B) at each armory and military family support
center of the National Guard;
(C) at each installation and inpatient medical care
facility of the uniformed services at which personnel
eligible for assistance under such programs are
discharged from the armed forces; and
(D) in the case of a member on the temporary
disability retired list under section 1202 or 1205 of
title 10, United States Code, who is being retired
under another provision of such title or is being
discharged, at a location reasonably convenient to the
member.
(b) Definition.--In this section, the term ``benefits delivery at
discharge program'' means a program administered jointly by the
Secretary of Defense and the Secretary of Veterans Affairs to provide
information and assistance on available benefits and other transition
assistance to members of the Armed Forces who are separating from the
Armed Forces, including assistance to obtain any disability benefits
for such members may be eligible.
SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.
(a) Improvement of Medical Tracking System for Members Deployed
Overseas.--Section 1074f of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``(including an
assessment of mental health'' and inserting ``(which shall
include mental health screening and assessment'';
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Physical Medical Examinations.--(1) The Secretary shall--
``(A) prescribe the minimum content and standards that
apply for the physical medical examinations required under this
section; and
``(B) ensure that the content and standards prescribed
under subparagraph (A) are uniformly applied at all
installations and medical facilities of the armed forces where
physical medical examinations required under this section are
performed for members of the armed forces returning from a
deployment described in subsection (a).
``(2) An examination consisting solely or primarily of an
assessment questionnaire completed by a member does not meet the
requirements under this section for--
``(A) a physical medical examination; or
``(B) an assessment.
``(3) The content and standards prescribed under paragraph (1) for
mental health screening and assessment shall include--
``(A) content and standards for screening mental health
disorders; and
``(B) in the case of acute post-traumatic stress disorder
and delayed onset post-traumatic stress disorder, specific
questions to identify stressors experienced by members that
have the potential to lead to post-traumatic stress disorder,
which questions may be taken from or modeled after the post-
deployment assessment questionnaire used in June 2005.
``(4) An examination of a member required under this section may
not be waived by the Secretary (or any official exercising the
Secretary's authority under this section) or by the member.
``(d) Follow up Services.--(1) The Secretary, in consultation with
the Secretary of Veterans Affairs, shall ensure that appropriate
actions are taken to assist a member who, as a result of a post-
deployment medical examination carried out under the system established
under this section, receives an indication for a referral for follow up
treatment from the health care provider who performs the examination.
``(2) Assistance required to be provided to a member under
paragraph (1) includes--
``(A) information regarding, and any appropriate referral
for, the care, treatment, and other services that the Secretary
or the Secretary of Veterans Affairs may provide to such member
under any other provision of law, including--
``(i) clinical services, including counseling and
treatment for post-traumatic stress disorder and other
mental health conditions; and
``(ii) any other care, treatment, and services;
``(B) information on the private sector sources of
treatment that are available to the member in the member's
community; and
``(C) assistance to enroll in the health care system of the
Department of Veterans Affairs for health care benefits for
which the member is eligible under laws administered by the
Secretary of Veterans Affairs.''.
(b) Report on PTSD Cases.--(1) The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to Congress a report
on the services provided to members and former members of the Armed
Forces who experience post-traumatic stress disorder (and related
conditions) associated with service in the Armed Forces.
(2) The report submitted under paragraph (1) shall include--
(A) the number of persons treated;
(B) the types of interventions; and
(C) the programs that are in place for each of the Armed
Forces to identify and treat cases of post-traumatic stress
disorder and related conditions.
SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES AND
ORGANIZATIONS.
(a) Department of Defense.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1154. Veteran-to-veteran preseparation counseling
``(a) Cooperation Required.--The Secretary shall carry out a
program to facilitate the access of representatives of military and
veterans' service organizations and representatives of veterans'
services agencies of States to provide preseparation counseling and
services to members of the armed forces who are scheduled, or are in
the process of being scheduled, for discharge, release from active
duty, or retirement.
``(b) Required Program Element.--The program under this section
shall provide for representatives of military and veterans' service
organizations and representatives of veterans' services agencies of
States to be invited to participate in the preseparation counseling and
other assistance briefings provided to members under the programs
carried out under sections 1142 and 1144 of this title and the benefits
delivery at discharge programs.
``(c) Locations.--The program under this section shall provide for
access to members--
``(1) at each installation of the armed forces;
``(2) at each armory and military family support center of
the National Guard;
``(3) at each inpatient medical care facility of the
uniformed services administered under chapter 55 of this title;
and
``(4) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of this title who is
being retired under another provision of this title or is being
discharged, at a location reasonably convenient to the member.
``(d) Consent of Members Required.--Access to a member of the armed
forces under the program under this section is subject to the consent
of the member.
``(e) Definitions.--In this section:
``(1) The term `benefits delivery at discharge program'
means a program administered jointly by the Secretary and the
Secretary of Veterans Affairs to provide information and
assistance on available benefits and other transition
assistance to members of the armed forces who are separating
from the armed forces, including assistance to obtain any
disability benefits for which such members may be eligible.
``(2) The term `representative', with respect to a
veterans' service organization, means a representative of an
organization who is recognized by the Secretary of Veterans
Affairs for the representation of veterans under section 5902
of title 38.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of title 10, United States Code, is
amended by adding at the end the following:
``1154. Veteran-to-veteran preseparation counseling.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following:
``Sec. 1709. Veteran-to-veteran counseling
``(a) Cooperation Required.--The Secretary shall carry out a
program to facilitate the access of representatives of military and
veterans' service organizations and representatives of veterans'
services agencies of States to veterans furnished care and services
under this chapter to provide information and counseling to such
veterans on--
``(1) the care and services authorized by this chapter; and
``(2) other benefits and services available under the laws
administered by the Secretary.
``(b) Facilities Covered.--The program under this section shall
provide for access to veterans described in subsection (a) at each
facility of the Department and any non-Department facility at which the
Secretary furnishes care and services under this chapter.
``(c) Consent of Veterans Required.--Access to a veteran under the
program under this section is subject to the consent of the veteran.
``(d) Definition.--In this section, the term `veterans' service
organization' means an organization who is recognized by the Secretary
for the representation of veterans under section 5902 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of title 38, United States Code, is
amended by inserting after the item relating to section 1708
the following:
``1709. Veteran-to-veteran counseling.''. | Veterans' Enhanced Transition Services Act of 2005 - Requires the Secretary concerned to: (1) require preseparation counseling for members of reserve components who have been serving on active duty continuously for at least 180 days; and (2) ensure that commanders authorize such members to obtain counseling during duty time.
Requires preseparation counseling on: (1) certification and licensure requirements for civilian occupations; and (2) civilian occupations that correspond to military occupational specialties. Requires such counseling to include additional information for veterans, including job training programs, small business ownership, veterans' preference, housing counseling, health care benefits, and disability compensation.
Extends preseparation counseling to members of the National Guard being separated from long-term duty.
Directs the Secretaries of Defense and Homeland Security to require participation in the Department of Labor transitional services program unless members previously participated in the program or are returning to previously held employment or educational pursuits. Requires the Secretary concerned to ensure that commanders authorize such members to obtain counseling during duty time.
Directs the Secretaries of Defense, Homeland Security, and Veterans Affairs to jointly submit to Congress a plan to maximize access to benefits delivery at discharge programs for members of the Armed Forces.
Directs the Secretary of Defense to prescribe minimum content and standards for required medical examinations, including screening for mental health disorders, and to provide follow-up services.
Requires the Secretary of Defense to carry out a program to facilitate veteran-to-veteran preseparation counseling. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to improve transitional assistance provided for members of the armed forces being discharged, released from active duty, or retired, and for other purposes."} | 3,689 | 321 | 0.701537 | 2.088092 | 0.9371 | 3.338028 | 12.65493 | 0.950704 |
SECTION 1. PURPOSE.
The Federal regulatory system should be implemented consistent with
the principle that any person subject to Government regulation should
be protected against reprisal for disclosing information that the
person believes is indicative of--
(1) violation or inconsistent application of any law, rule,
regulation, policy, or internal standard;
(2) arbitrary action or other abuse of authority;
(3) mismanagement;
(4) waste or misallocation of resources;
(5) inconsistent, discriminatory or disproportionate
enforcement proceedings;
(6) endangerment of public health or safety;
(7) personal favoritism; and
(8) coercion for partisan political purposes;
by any agency or its employees.
SEC. 2. COVERAGE.
This Act shall apply to:
(1) Any agency of the Federal Government as defined in
section 551 of title 5, United States Code.
(2) Any agency of a State government that exercises
authority under Federal law, or that exercises authority under
State law establishing a program approved by a Federal agency
as a substitute for or supplement to a program established by
Federal law.
SEC. 3. PROHIBITED REGULATORY PRACTICES.
(a) For purposes of this title, ``prohibited regulatory practice''
means any action described in subsection (b) of this section.
(b)(1) No employee of an Agency who has authority--
to take or direct other employees to take,
to recommend, or
to approve
any regulatory action shall
take or fail to take, or threaten to take or fail to take,
recommend or direct that others take or fail to take, or
threaten to so recommend or direct,
approve the taking or failing to take, or threaten to so
approve,
such regulatory action because of any disclosure by a person
subject to the action, or by any other person, of information that the
person believed indicative of:
(A) violation or inconsistent application of any law, rule,
regulation, policy, or internal standard;
(B) arbitrary action or other abuse of authority;
(C) mismanagement;
(D) Waste or misallocation of resources;
(E) Inconsistent, discriminatory or
disproportionate enforcement;
(F) endangerment of public health or safety;
(G) personal favoritism; or
(H) coercion for partisan political purposes;
by any agency or its employees.
(2) An action shall be deemed to have been taken, not taken,
approved, or recommended because of the disclosure of information
within the meaning of subsection (b)(1) if the disclosure of
information was a contributing factor to the decision to take, not to
take, to approve, or to recommend.
SEC. 4. PROHIBITED REGULATORY PRACTICE AS A DEFENSE TO AGENCY ACTION.
(a) In any administrative or judicial action or proceeding, formal
or informal, by an agency to create, apply or enforce any obligation,
duty or liability under any law, rule or regulation against any person,
the person may assert as a defense that the agency or one or more
employees of the agency have engaged in a prohibited regulatory
practice with respect to the person or to a related entity in
connection with the action or proceeding.
(b) If the existence of a prohibited regulatory practice is
established, the person may be required to comply with the obligation,
duty or liability to the extent compliance is required of and enforced
against other persons similarly situated, but no penalty, fine,
damages, costs or other obligation except compliance shall be imposed
on the person.
SEC. 5. ENFORCEMENT.
(a) Any agency, and any employee of an agency, engaging in a
prohibited regulatory practice may be assessed a civil penalty of not
more than $25,000 for each such practice. In the case of a continuing
prohibited regulatory practice, each day that the practice continues
shall be deemed a separate practice.
(b) The President shall, by regulation, establish procedures
providing for the administrative enforcement of the requirements of
subsection (a) of this section.
SEC. 6. CITIZEN SUITS.
(a) Any person injured or threatened by a prohibited regulatory
practice may commence a civil action on his own behalf against any
person or agency alleged to have engaged in or threatened to engage in
such practice.
(b) Any action under subsection (a) of this section shall be
brought in the district court for any district in which the alleged
prohibited regulatory practice occurred or in which the alleged injury
occurred. The district court shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties, to:
(1) restrain any agency or person who has engaged or is
engaging in any prohibited regulatory practice;
(2) order the cancellation or remission of any penalty,
fine, damages, or other monetary assessment that resulted from
a prohibited regulatory practice;
(3) order the rescission of any settlement that resulted
from a prohibited regulatory practice;
(4) order the issuance of any permit or license that has
been denied or delayed as a result of a prohibited regulatory
practice;
(5) order the agency and/or the employee engaging in a
prohibited regulatory practice to pay to the injured person
such damages as may be necessary to compensate the person for
any harm resulting from the practice, including damages for--
(A) injury to, deterioration of, or destruction of
real or personal property;
(B) loss of profits from idle or underutilized
resources, and from business forgone;
(C) costs incurred, including costs of compliance
where appropriate;
(D) loss in value of a business;
(E) reasonable legal, consulting and expert witness
fees; or
(F) payments to third parties;
(6) order the payment of punitive damages, in an amount not
to exceed $25,000 for each such prohibited regulatory practice,
provided that, in the case of a continuing prohibited
regulatory practice, each day that the practice continues shall
be deemed a separate practice.
SEC. 7. OFFICE OF THE SPECIAL COUNSEL.
(a) Any person who has reason to believe that any employee of any
agency has engaged in a prohibited regulatory practice may request the
Special Counsel established by section 1211 of title 5, United States
Code, to investigate.
(b) The Special Counsel shall have the same power to investigate
prohibited regulatory practices that it has to investigate prohibited
personnel practices pursuant to section 1212 of title 5, United States
Code. | Provides persons subject to regulatory action with protection against reprisal for disclosing agency waste, mismanagement, abuse of authority, or other prohibited regulatory practices. | {"src": "billsum_train", "title": "A bill entitled \"The Private Sector Whistleblowers' Protection Act of 1992\"."} | 1,347 | 33 | 0.511261 | 1.40612 | 0.993612 | 2.407407 | 49.740741 | 0.925926 |
SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION, MICHIGAN.
(a) Authority To Convey.--
(1) In general.--Except as provided in paragraph (3), the
Secretary of the department in which the Coast Guard is
operating (in this section referred to as the ``Secretary'')
may convey to Presque Isle Township, Presque Isle County,
Michigan (in this section referred to as the ``Township'') by
an appropriate means of conveyance, all right, title, and
interest of the United States in and to the real property, upon
which is located the United States Coast Guard Presque Isle
Light Station in the County of Presque Isle, Michigan, more
particularly described as follows: Approximately 98.47 acres
forming a peninsula into Lake Huron consisting of Lots 1 and 2
of Section 8, Township 34 North, Range 8 East, in the County of
Presque Isle, Michigan, including the light-tower, attached
dwelling, detached dwelling, three car garage and any other
improvements on that parcel of land.
(2) Identification of the property.--The Secretary may
identify, describe, and determine real property to be conveyed
under this section.
(3) Retained interests.--Notwithstanding any conveyance
under this section, the United States shall retain all right,
title, and interest in--
(A) any historical artifact, including any lens or
lantern, but not including any structures or other
fixtures of structures (except as provided in
subparagraph (B)); and
(B) the light, antennas, sound signal, and
associated lighthouse equipment, and any electronic
navigation equipment, which are active aids to
navigation,
whether located on the property conveyed or associated with the
property conveyed and located elsewhere.
(b) Terms and Conditions.--
(1) In general.--Any conveyance of property under
subsection (a) shall be made--
(A) without payment of consideration;
(B) subject to such terms and conditions as the
Secretary may consider appropriate; and
(C) subject to appropriate covenants that--
(i) warrant that all remedial action
necessary to protect human health and the
environment with respect to any substance
remaining on the property has been taken before
the date of the conveyance, and any additional
remedial action for that purpose found to be
necessary after the date of the conveyance
shall be taken by the United States; and
(ii) reserving an easement to the United
States providing access to take any such
remedial action required after the conveyance.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property under subsection (a) shall be subject to the
conditions that--
(A) the property shall be used as a center for
public benefit for the interpretation and preservation
of the material culture of the United States Coast
Guard and the maritime history of Michigan, which may
include use for general park purposes or for
educational, historical, recreational, and cultural
programs open to and for the benefit of the general
public;
(B) the property shall be managed by the Township
or by such entity as may be granted by the Township a
lease, management contract, or concession on such terms
as may be acceptable to the Township as being in the
public interest; and
(C) all right, title, and interest in the property
shall immediately revert to the United States if the
property ceases to be maintained and used in accordance
with subparagraphs (A) and (B).
(3) Maintenance of navigation functions.--Any conveyance of
property under this section shall be subject to such conditions
as the Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal, and
associated lighthouse equipment, and any electronic
navigation equipment, located on the property, which
are active aids to navigation, shall continue to be
operated and maintained by the United States for as
long as they are needed for this purpose;
(B) the Township may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation, or make any changes on any portion of the
property as may be necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to the property
for the purpose of maintaining the aids to
navigation in use on the property, and
(ii) an easement for an arc of visibility;
and
(F) the United States shall not be responsible for
the cost and expense of maintenance, repair, and upkeep
of the property.
(4) Maintenance obligation.--The Township shall not have
any obligation to maintain any active aid to navigation
equipment on the property conveyed under this section.
(c) Property To Be Maintained in Accordance With Certain Laws.--The
Township, to the extent its budget permits as determined by its
Township Board, shall maintain property conveyed to the Township under
this section in accordance with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other applicable
laws.
(d) Maintenance Standard.--The Township, at its own cost and
expense and to the extent its budget permits as determined by the
Township Board, shall maintain in a proper, substantial, and
workmanlike manner, the property conveyed under this section, including
the easement of access and the easement for an arc of visibility. | Authorizes the Secretary of the department in which the Coast Guard is operating to convey the Coast Guard Presque Isle Light Station to Presque Isle Township, Michigan. Subjects such conveyance to the condition that the station maintain its navigational functions. | {"src": "billsum_train", "title": "To authorize the conveyance of the Coast Guard Presque Isle Light Station to Presque Isle Township, Presque Isle County, Michigan."} | 1,216 | 51 | 0.597411 | 1.62328 | 1.111474 | 3.522727 | 26.681818 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TARP Recipient Ownership Trust Act
of 2009''.
SEC. 2. AUTHORITY OF THE SECRETARY OF THE TREASURY TO DELEGATE TARP
ASSET MANAGEMENT.
Section 106(b) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5216(b)) is amended by inserting before the period at the
end the following: ``, and the Secretary may delegate such management
authority to a private entity, as the Secretary determines appropriate,
with respect to any entity assisted under this Act''.
SEC. 3. CREATION OF MANAGEMENT AUTHORITY FOR DESIGNATED TARP
RECIPIENTS.
(a) Federal Assistance Limited.--Notwithstanding any provision of
the Emergency Economic Stabilization Act of 2008, or any other
provision of law, no funds may be expended under the Troubled Asset
Relief Program, or any other provision of that Act, on or after the
date of enactment of this Act, until the Secretary of the Treasury
transfers all voting, nonvoting, and common equity in any designated
TARP recipient to a limited liability company established by the
Secretary for such purpose, to be held and managed in trust on behalf
of the United States taxpayers.
(b) Appointment of Trustees.--
(1) In general.--The President shall appoint 3 independent
trustees to manage the equity held in the trust, separate and
apart from the United States Government.
(2) Criteria.--Trustees appointed under this subsection--
(A) may not be elected or appointed Government
officials;
(B) shall serve at the pleasure of the President,
and may be removed for just cause in violation of their
fiduciary responsibilities only; and
(C) shall each be paid at a rate equal to the rate
payable for positions at level III of the Executive
Schedule under section 5311 of title 5, United States
Code.
(c) Duties of Trust.--Pursuant to protecting the interests and
investment of the United States taxpayer, the trust established under
this section shall, with the purpose of maximizing the profitability of
the designated TARP recipient--
(1) exercise the voting rights of the shares of the
taxpayer on all core governance issues;
(2) select the representation on the boards of directors of
any designated TARP recipient; and
(3) have a fiduciary duty to the American taxpayer for the
maximization of the return on the investment of the taxpayer
made under the Emergency Economic Stabilization Act of 2008, in
the same manner and to the same extent that any director of an
issuer of securities has with respect to its shareholders under
the securities laws and all applications of State law.
(d) Liquidation.--
(1) In general.--The trustees shall liquidate the trust
established under this section, including the assets held by
such trust, not later than December 24, 2011, unless--
(A) the trustees submit a report to the Congress
that liquidation would not maximize the profitability
of the company and the return on investment to the
taxpayer; and
(B) within 15 calendar days after the date on which
the Congress receives such report, there is enacted
into law a joint resolution described in paragraph (2).
(2) Contents of joint resolution.--For purposes of this
subsection, the term ``joint resolution'' means only a joint
resolution--
(A) that is introduced not later than 3 calendar
days after the date on which the report referred to in
paragraph (1)(A) is received by the Congress;
(B) which does not have a preamble;
(C) the title of which is as follows: ``Joint
resolution relating to the approval of the continuation
of the TARP management trust''; and
(D) the matter after the resolving clause of which
is as follows: ``That Congress approves the
continuation of the TARP management trust established
under the TARP Recipient Ownership Trust Act of
2009.''.
(3) Fast track consideration in house of representatives.--
(A) Reconvening.--Upon receipt of a report under
paragraph (1)(A), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the
House that, pursuant to this subsection, the House
shall convene not later than the second calendar day
after receipt of such report.
(B) Reporting and discharge.--Any committee of the
House of Representatives to which a joint resolution is
referred shall report it to the House not later than 5
calendar days after the date of receipt of the report
described in paragraph (1)(A). If a committee fails to
report the joint resolution within that period, the
committee shall be discharged from further
consideration of the joint resolution and the joint
resolution shall be referred to the appropriate
calendar.
(C) Proceeding to consideration.--After each
committee authorized to consider a joint resolution
reports it to the House or has been discharged from its
consideration, it shall be in order, not later than the
sixth day after Congress receives the report described
in paragraph (1)(A), to move to proceed to consider the
joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed on the joint resolution. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(D) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except two hours of debate equally
divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(4) Fast track consideration in senate.--
(A) Reconvening.--Upon receipt of a report under
paragraph (1)(A), if the Senate has adjourned or
recessed for more than 2 days, the majority leader of
the Senate, after consultation with the minority leader
of the Senate, shall notify the Members of the Senate
that, pursuant to this subsection, the Senate shall
convene not later than the second calendar day after
receipt of such message.
(B) Placement on calendar.--Upon introduction in
the Senate, the joint resolution shall be placed
immediately on the calendar.
(C) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order at any time during the period beginning
on the 4th day after the date on which Congress
receives a report of the plan of the Secretary
described in paragraph (1)(A) and ending on the
6th day after the date on which Congress
receives a report of the plan of the Secretary
described in paragraph (1)(A) (even though a
previous motion to the same effect has been
disagreed to) to move to proceed to the
consideration of the joint resolution, and all
points of order against the joint resolution
(and against consideration of the joint
resolution) are waived. The motion to proceed
is not debatable. The motion is not subject to
a motion to postpone. 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
resolution is agreed to, the joint resolution
shall remain the unfinished business until
disposed of.
(ii) Debate.--Debate on the joint
resolution, and on 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 and
minority leaders or their designees. A motion
further to limit debate is in order and not
debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
(iii) Vote on passage.--The vote on passage
shall occur immediately following the
conclusion of the debate on a joint resolution,
and a single quorum call at the conclusion of
the debate if requested in accordance with the
rules of the Senate.
(iv) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of the
Senate, as the case may be, to the procedure
relating to a joint resolution shall be decided
without debate.
(5) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a joint resolution
of that House, that House receives from the other House
a joint resolution, then the following procedures shall
apply:
(i) The joint resolution of the other House
shall not be referred to a committee.
(ii) With respect to a joint resolution of
the House receiving the resolution--
(I) the procedure in that House
shall be the same as if no joint
resolution had been received from the
other House; but
(II) the vote on passage shall be
on the joint resolution of the other
House.
(B) Treatment of joint resolution of other house.--
If one House fails to introduce or consider a joint
resolution under this subsection, the joint resolution
of the other House shall be entitled to expedited floor
procedures under this subsection.
(C) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the
Senate then receives the companion measure from the
House of Representatives, the companion measure shall
not be debatable.
(D) Consideration after passage.--
(i) In general.--If Congress passes a joint
resolution, the period beginning on the date
the President is presented with the joint
resolution and ending on the date the President
takes action with respect to the joint
resolution shall be disregarded in computing
the 15-calendar day period described in
paragraph (1)(A).
(ii) Vetoes.--If the President vetoes the
joint resolution--
(I) the period beginning on the
date the President vetoes the joint
resolution and ending on the date the
Congress receives the veto message with
respect to the joint resolution shall
be disregarded in computing the 15-
calendar day period described in
paragraph (1)(A); and
(II) debate on a veto message in
the Senate under this subsection shall
be 1 hour equally divided between the
majority and minority leaders or their
designees.
(E) Rules of house of representatives and senate.--
This paragraph, and paragraphs (2), (3), and (4) are
enacted by Congress--
(i) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure
to be followed in that House in the case of a
joint resolution, and it supersedes other rules
only to the extent that it is inconsistent with
such rules; and
(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``designated TARP recipient'' means any entity
that has received, or will receive, financial assistance under
the Troubled Asset Relief Program or any other provision of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), such that the Federal Government holds or controls, or
will hold or control at a future date, not less than a 15
percent ownership stake in the company as a result of such
assistance;
(2) the term ``Secretary'' means the Secretary of the
Treasury or the designee of the Secretary; and
(3) the terms ``director'', ``issuer'', ``securities'', and
``securities laws'' have the same meanings as in section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c). | TARP Recipient Ownership Trust Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to delegate to a private entity management authority over troubled assets with respect to any entity assisted under the Troubled Asset Relief Program (TARP).
Prohibits any expenditure of TARP funds until the Secretary transfers all voting, nonvoting, and common equity in any designated TARP recipient to a limited liability company, to be held and managed in trust on behalf of U.S. taxpayers.
Requires the trustees to liquidate the trust and its assets by December 24, 2011, unless: (1) the trustees report to Congress that liquidation would not maximize profitability of the company and the return on investment to the taxpayer; and (2) Congress enacts into law a joint resolution approving continuation of the TARP management plan established under this Act. | {"src": "billsum_train", "title": "To authorize the Secretary of the Treasury to delegate management authority over troubled assets purchased under the Troubled Asset Relief Program, to require the establishment of a trust to manage assets of certain designated TARP recipients, and for other purposes."} | 2,726 | 202 | 0.61395 | 1.963857 | 0.896353 | 4.957317 | 15.414634 | 0.932927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rapid Pathogen Identification to
Delivery of Cures Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds as follows:
(1) The possibility exists today that terrorists or others
who intend harm to United States forces deployed abroad or to
the homeland will use techniques in biotechnology to enhance
the transmissibility, stability, virulence, or host range of a
biological agent, or to render existing diagnostic,
therapeutic, and vaccine strategies or innate immune responses
against a biological agent less effective.
(2) This possibility will likely grow over time as such
techniques develop, improve, and spread as an inevitable result
of biotechnology innovation.
(3) Natural processes can also lead to the emergence of
previously unknown and harmful pathogens or render known
pathogens resistant to existing diagnostic, therapeutic, or
adaptive immune approaches.
(4) Long delays in developing new and effective responses
to pathogens are typical. The discovery, development, and
approval process for new drugs and vaccines typically requires
10 to 20 years and costs an average of $800 million. These
constraints reflect the long, costly research and development
process, including the failure of most drug or vaccine
candidates to demonstrate favorable characteristics in pre-
clinical testing, as well as the expensive, time-consuming
clinical trials required to prove the safety and effectiveness
of new treatments.
(5) Congress has already authorized the abridgement of the
long testing and approval process required to ensure safety and
efficacy under the emergency conditions of a severe outbreak of
a harmful pathogen. However, it will likely still take years
for even an experimental treatment or vaccine to become
available.
(6) There is no coordinated, focused research and
development program or overall national strategy to achieve
significant and dramatic reductions in the timeframe from the
identification of a pathogen to the development and emergency
approval for human use of reasonably safe and effective new
biodefense medical countermeasures against a previously unknown
or engineered pathogen or toxin.
(7) Even utilizing existing technologies, there is no
organized capability in the public or private sector to rapidly
screen drug candidates for potential therapeutic activity
against pathogens, develop and manufacture drug, biological, or
medical device products, or test already approved treatments
for efficacy against a previously unknown or engineered
biological threat that puts our deployed armed forces or the
homeland at risk.
(8) In the area of infectious disease in particular,
private sector firms are abandoning all types of innovation and
research and development in favor of investments in more
profitable medical markets.
(9) Tremendous potential exists for benefits to health by
concerted, targeted public-private investment to dramatically
reduce the timeframe for the development of new
countermeasures. The pharmaceutical and biotechnology
industries are fundamentally innovative and are quick to
integrate new technologies. Useful and important discoveries
and technological advances will be rapidly absorbed by the
private sector, leading to faster delivery of new medicines and
reductions in the costs of drug development.
(b) Policy.--The Congress hereby declares it to be the national
policy of the United States to promote technological advancements that
will dramatically reduce the timeframe for the development of new
medical countermeasures to treat or prevent disease caused by
infectious disease agents or toxins that, through natural processes or
intentional introduction, may pose a significant risk to public health
now or in the future.
SEC. 3. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL STRATEGY.
Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.) (Public Law 107-296) is amended by inserting after section 304
the following section:
``SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL
STRATEGY.
``(a) National Strategy for Shortening the Medical Countermeasure
Development Timeframe.--Not later than 180 days after the date of the
enactment of the Rapid Pathogen Identification to Delivery of Cures
Act, the Secretary shall submit to Congress a report setting forth a
strategy to achieve dramatic reductions in the timeframe from pathogen
identification to the development and emergency approval for human use
of reasonably safe and effective priority countermeasure against a
novel or unknown pathogen or toxin.
``(b) Elements.--The report under subsection (a) shall include the
following:
``(1) The identification of the technical impediments to
reductions in the timeframe from pathogen identification to
priority countermeasure development and approval under
emergency conditions.
``(2) The identification of the research, development, and
technology needs and clinical research needs to address these
impediments.
``(3) The identification of existing research and
development efforts in Federal agencies, academia, and the
private sector that are addressing the needs identified in
subsection (c)(2).
``(4) The identification of facilities, programs and
resources that can be utilized to address these research,
development, and technology needs and clinical research needs
among--
``(A) Federal agencies;
``(B) National Laboratories;
``(C) colleges and universities;
``(D) not-for-profit institutions;
``(E) the private sector, including information
technology, software, robotics, pharmaceutical and
biotechnology companies and their consortia; and
``(F) foreign research and technological
institutions.
``(5) A proposal for the establishment of a coordinated and
integrated federal program to address these research,
development, and technology needs, including--
``(A) the application of Federal Government
resources, including recommendations for the allocation
and prioritization of Federal funds;
``(B) interagency management and coordination
mechanisms;
``(C) the establishment of partnerships between
private corporations and Federal agencies or Federally
funded entities;
``(D) information and technology sharing and
coordination mechanisms among public, private,
academic, not-for-profit, and international
institutions;
``(E) the use of incentives to promote private
sector participation; and
``(F) the adjustment of Federal regulatory
requirements to promote private sector innovation.
``(6) The identification of potential liability concerns
stemming from distribution of rapidly-developed priority
countermeasures under emergency conditions and a proposal for
regulatory or legislative approaches to eliminating these
concerns.
``(7) A proposal for managing the transfer of new
technologies and associated intellectual property rights.
``(c) Considerations.--In developing the national strategy under
subsection (a), the Secretary shall consider--
``(1) the research, development, and technology needs and
clinical research needs of the entire pathogen identification
to priority countermeasures discovery, development, production,
and approval process, including--
``(A) initial identification and characterization
of a pathogen or toxin, including the identification of
any genetic or other manipulations;
``(B) priority countermeasures discovery;
``(C) pre-clinical testing and evaluation of
priority countermeasures;
``(D) safety and efficacy animal testing, including
the needs for approval under emergency conditions and
accelerated approval of new priority countermeasure
under the final rule `New Drug and Biological Drug
Products; Evidence Needed to Demonstrate Effectiveness
of New Drugs When Human Efficacy Studies Are Not
Ethical or Feasible', published in the Federal Register
on May 31, 2002 (67 Fed. Reg. 37988);
``(E) safety and efficacy human testing, including
mechanisms for the conduct of clinical trials under
emergency conditions;
``(F) research-scale and full production-scale
manufacturing, including biologics manufacturing
sciences; and
``(G) the approval of priority countermeasure under
emergency conditions;
``(2) the potential importance of advanced technologies
such as automation, computer modeling and simulation,
bioinformatics, pharmacogenomics, and bioengineering techniques
for manufacturing;
``(3) the availability of sufficient manufacturing capacity
for priority countermeasures production to meet potential
public demand under emergency conditions; and
``(4) the current state of national and international
collaborative research networks and applications to facilitate
and encourage the rapid and coordinated development and sharing
of laboratory and clinical research planning and results.
``(d) Authority to Contract.--The Secretary may contract with any
one or more for-profit or non-profit firm or institution to conduct the
necessary research and analysis needed to complete any one or more of
the elements described in subsection (b) of the report required in this
section, provided the considerations described in subsection (c) are
met.
``(e) Definitions.--In this section:
``(1) The term `emergency conditions' refers to a
declaration of emergency under section 564 of the Federal Food,
Drug, and Cosmetic Act.
``(2) The term `pathogen identification' means the point in
time in which a specific agent that can be reasonably assumed
to be the cause of (or has the potential to be the cause of) an
infectious disease or toxin-induced syndrome has been
identified and partially or wholly characterized
scientifically.
``(3) The term `priority countermeasure' has the same
meaning given such term in section 319F(h) of the Public Health
Service Act.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for fiscal year 2006.''.
SEC. 4. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a system for the rapid establishment of clinical research
programs to examine the safety and efficacy of new or existing
treatments for novel, unknown, or bioengineered pathogens or toxins.
The Secretary shall also provide the means for rapid dissemination of
results and recommendations to clinicians nationwide.
(b) Emergency Fund.--A fund is authorized to be established for
use, at the discretion of the Secretary, solely for the support of
clinical research as described in subsection (a).
SEC. 5. INTERAGENCY WORKING GROUP.
For the purpose of carrying out the requirements of this Act, the
Secretary of Homeland Security shall establish an interagency working
group consisting of representatives from the following:
(1) The Department of Homeland Security.
(2) The Department of Defense.
(3) The Department of Health and Human Services.
(4) The Centers for Disease Control and Prevention.
(5) The National Institutes of Health.
(6) The National Laboratories.
(7) The National Academy of Sciences.
(8) The private sector, the number of which shall represent
one-third of the total number of the working group.
SEC. 6. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE
DEVELOPMENT.
(a) Research.--Section 319F(h)(1) of the Public Health Service Act,
as amended by Public Law 107-188, is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following
subparagraph:
``(D) the development of a capability to rapidly
identify, develop, produce, and approve for human use
under emergency conditions priority countermeasures
against a novel, unknown, or engineered pathogen or
toxin; and''.
(b) Research and Development at the Department of Defense.--Section
1601(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) is amended by adding at the end the following:
``The program shall also include research, development, and procurement
to provide the Federal Government with the capability to rapidly
identify, develop, produce, and approve for human use under emergency
conditions priority countermeasures against a novel, unknown, or
engineered pathogen or toxin, and for which no existing countermeasure
has been determined to be safe or efficacious.''.
(c) Research and Development at the Department of Homeland
Security.--Title III of the Homeland Security Act of 2002, as amended
by section 3 of this Act, is amended by inserting after section 304A
the following section:
``SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE
COUNTERMEASURE DEVELOPMENT.
``The Secretary, in collaboration with the Secretaries of Defense
and Health and Human Services, shall carry out a program for research,
development, and procurement to provide the Federal Government with the
capability to rapidly identify, develop, produce, and approve for human
use under emergency conditions priority countermeasures against a
novel, unknown, or engineered pathogen or toxin, and for which no
existing countermeasure has been determined to be safe or
efficacious.''. | Rapid Pathogen Identification to Delivery of Cures Act - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to submit a report setting forth a strategy to reduce the time frame from pathogen identification to the development and emergency approval for human use of a reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. Requires the report to include: (1) technical impediments to reducing this time frame; (2) research, development, and technology needs to address these impediments; and (3) potential liability concerns stemming from distribution of rapidly-developed priority countermeasures.
Allows the Secretary to contract with any firm or institution to conduct necessary research and analysis for this report.
Requires the Secretary of Health and Human Services (HHS) to establish a system to rapidly: (1) establish clinical research programs to examine the safety and efficacy of treatments for novel, unknown, or bioengineered pathogens or toxins; and (2) disseminate results and recommendations to clinicians. Authorizes establishment of a fund to support such clinical research.
Requires the Secretary of Homeland Security to establish an interagency working group to carry out this Act.
Amends the Public Health Service Act to require the Secretary of HHS to conduct research to rapidly identify, develop, produce, and approve for human use priority countermeasures.
Requires the Secretaries of Defense and HHS to carry out research, development, and procurement to provide the federal government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin for which no existing countermeasure has been determined to be safe or efficacious. | {"src": "billsum_train", "title": "To promote technological advancements that will dramatically reduce the timeframe for the development of new medical countermeasures to treat or prevent disease caused by infectious disease agents or toxins that, through natural processes or intentional introduction, may pose a significant risk to public health now or in the future."} | 2,802 | 381 | 0.589242 | 1.971986 | 0.799387 | 5.28972 | 8.190031 | 0.959502 |
TITLE I--NATIONAL BOARD CERTIFICATION ASSISTANCE
SEC. 101. NATIONAL BOARD CERTIFICATION ASSISTANCE.
Part A of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the
following:
``SEC. 2104. NATIONAL BOARD CERTIFICATION ASSISTANCE.
``(a) Short Title.--This section may be cited as the `Teaching
Excellence in America's Classrooms and Homerooms Act' (TEACH).
``(b) Findings.--Congress makes the following findings:
``(1) Accomplished teachers are an essential resource for
schools and key to the success of any effective education
reform initiative. What teachers know and can do are the most
important influences on what students learn, according to
national studies.
``(2) Three years after the landmark 1983 report, `A Nation
at Risk', the Carnegie Task Force on Teaching as a Profession
issued a seminal report entitled `A Nation Prepared: Teachers
for the 21st Century'. Its leading recommendation called for
the establishment of a National Board for Professional Teaching
Standards. Founded in 1987, the National Board for Professional
Teaching Standards is an independent, nonprofit and nonpartisan
organization whose mission is to establish high and rigorous
standards for what accomplished teachers should know and be
able to do.
``(3) Over 9,500 teachers from all 50 States and the
District of Columbia have completed advanced certification by
the National Board for Professional Teaching Standards, which
certification is the most rigorous assessment process that a
teacher can go through and the highest professional credential
in the field of teaching. And more than 12,000 teachers have
applied for National Board Certification in the 2000-2001
school year.
``(4) Teacher salaries have remained stagnant over the past
decade, according to a new study by the National Education
Association, and \2/3\ of the States do not meet the national
average of $40,582 for teacher salaries.
``(5) The full fee for National Board Certification is
$2,300. Thirty-nine States and 181 local school districts have
enacted financial incentives for teachers seeking National
Board Certification, including fee support to candidates and
salary increases for teachers who achieve National Board
Certification.
``(6) Recent data from the Accomplished Teaching Validation
Study have demonstrated that teachers who are certified by the
National Board for Professional Teaching Standards
significantly outperform their peers who are not National Board
Certified on 11 of 13 key measures of teaching expertise.
``(7) If we are to improve student achievement and success
in school, the United States must encourage and support the
training and development of our Nation's teachers, who are the
single, most important in-school influence on student learning.
``(c) Purpose.--The purpose of this section is to provide a Federal
subsidy and support to certain elementary school and secondary school
teachers who pursue advanced certification provided by the National
Board for Professional Teaching Standards.
``(d) Definitions.--In this section:
``(1) Board.--The term `Board' means the National Board for
Professional Teaching Standards.
``(2) Eligible teacher.--The term `eligible teacher' means
an individual who is a prekindergarten or early childhood
educator, or a kindergarten through grade 12 classroom teacher,
instructor, counselor, or principal in an elementary school or
secondary school on a full-time basis.
``(e) Program Authorization.--
``(1) Program authorized.--From sums appropriated pursuant
to the authority of subsection (g) for any fiscal year, the
Secretary, in accordance with this section, shall provide
financial assistance to the National Board for Professional
Teaching Standards, in order to pay the Federal share of the
costs of the authorized activities described in subsection (f).
``(f) Authorized Activities.--
``(1) In general.--Federal funds received under this
section may be used only for the following activities:
``(A) To help States and local school districts
provide fee support to teachers seeking National Board
Certification.
``(B) For outreach and educational activities
directly related to teachers' awareness and pursuit of
National Board Certification.
``(2) Priorities.--The Board shall give priority to
providing outreach and educational activities under paragraph
(1)(B) among the following:
``(A) School districts in which there are a
significant number of low-performing schools.
``(B) School districts with low teacher
participation rates in the National Board Certification
process.
``(C) School districts serving special populations,
including--
``(i) limited English proficient children;
``(ii) gifted and talented children;
``(iii) children with disabilities; and
``(iv) economically and educationally
disadvantaged children.
``(g) Authorization of Appropriations; Allocation.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $6,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for any fiscal year, the Secretary shall make
available--
``(A) 85 percent of such amounts to carry out
subsection (f)(1)(A); and
``(B) 15 percent of such amounts to carry out
subsection (f)(1)(B).''.
TITLE II--TAX INCENTIVES FOR TEACHER CERTIFICATIONS
SEC. 201. EXCLUSION OF CERTAIN AMOUNTS RECEIVED BY CERTIFIED TEACHERS.
(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 redesignating section 139 as section
140 and inserting after section 138 the following new section:
``SEC. 139. CERTAIN AMOUNTS RECEIVED BY CERTIFIED TEACHERS.
``(a) In General.--In the case of an eligible teacher, gross income
shall not include the value of any eligible financial benefit received
during the taxable year.
``(b) Eligible Teacher.--For purposes of this section--
``(1) In general.--The term `eligible teacher' means an
individual who is a pre-kindergarten or early childhood
educator, or a kindergarten through grade 12 classroom teacher,
instructor, counselor, aide, or principal in an elementary or
secondary school on a full-time basis for an academic year
ending during a taxable year.
``(2) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965.
``(c) Eligible Financial Benefit.--For purposes of this section,
the term `eligible financial benefit' means any financial benefit,
including incentive payment, received solely by reason of the
successful completion by the eligible teacher of the requirements for
advanced certification provided by the National Board for Professional
Teaching Standards. Such completion shall be verified in such manner as
the Secretary shall prescribe by regulation.
``(d) Amounts Must Be Reasonable.--Amounts excluded under
subsection (a) shall include only amounts which are reasonable.''.
(b) Conforming Amendments.--
(1) Section 3401(a)(19) of the Internal Revenue Code of
1986 is amended by striking ``117 or 132'' and inserting ``117,
132, or 139''.
(2) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 139 and inserting the following new items:
``Sec. 139. Certain amounts received by certified teachers.
``Sec. 140. Cross references to other Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 202. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO
APPLY TO QUALIFIED ADVANCED CERTIFICATION EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Section 67(b) of the Internal Revenue Code of 1986
(defining miscellaneous itemized deductions) is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(13) any deduction allowable for the qualified advanced
certification expenses paid or incurred by an eligible teacher
(as defined in section 139(b)).''.
(b) Definitions.--Section 67 of the Internal Revenue Code of 1986
(relating to 2-percent floor on miscellaneous itemized deductions) is
amended by adding at the end the following new subsection:
``(g) Qualified Advanced Certification Expenses of Eligible
Teachers.--For purposes of subsection (b)(13), the term `qualified
advanced certification expenses' means expenses--
``(1) for fees, supplies, equipment, transportation, and
lodging required to secure the advanced certification provided
by the National Board for Professional Teaching Standards, and
``(2) with respect to which a deduction is allowable under
section 162 (determined without regard to this section).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Teaching Excellence in America's Classrooms and Homerooms Act (TEACH) - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to provide financial assistance to the National Board for Professional Teaching Standards (NB) for: (1) helping States and local school districts provide fee support to teachers seeking NB certification; and (2) outreach and educational activities directly related to teachers' awareness and pursuit of such certification, with priority for districts in which there are a significant number of low-performing schools, or with low teacher participation rates in the NB certification process, or serving special populations.Amends the Internal Revenue Code to: (1) exclude from gross income any financial benefit, including incentive payment, received solely by reason of the successful completion by an eligible teacher of the requirements for NB advanced certification; and (2) make a two-percent floor on miscellaneous itemized deductions inapplicable to qualified NB advanced certification expenses of elementary and secondary school teachers. | {"src": "billsum_train", "title": "A bill to provide for teaching excellence in America's classrooms and homerooms."} | 2,167 | 206 | 0.519536 | 1.55943 | 0.940435 | 4.486631 | 10.213904 | 0.935829 |
SECTION 1. FINDINGS.
The Senate makes the following findings:
(1) On May 26, 1972, President Nixon and General Secretary
Brezhnev signed the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Limitation
of Anti-Ballistic Missile Systems. The ABM Treaty was ratified
by the Senate on August 3, 1972, by a vote of 88-2, and entered
into force on October 3, 1972.
(2) The ABM Treaty sought to end an emerging competition in
defensive systems between the United States and the Soviet
Union that threatened to spur an offensive nuclear arms race,
and to create more favorable conditions to further limit
strategic nuclear weapons.
(3) The ABM Treaty was designed to address the major threat
to the United States at that time, the threat of a nuclear arms
race with the Soviet Union, and did not contemplate the
potential emergence of other strategic missile threats.
(4) The ABM Treaty remains important to arms control,
nuclear nonproliferation, and United States national security
because it promotes strategic stability, facilitates reductions
in offensive nuclear weapons, and encourages movement toward
more secure and stable nuclear alert postures.
(5) The ABM Treaty is of unlimited duration, but each party
to the treaty has the right to withdraw on six months notice if
the party decides that its supreme interests are jeopardized by
``extraordinary events related to the subject matter of this
Treaty''.
(6) The mid-course hit-to-kill national missile defense
system is currently in the early stages of research and
development. The fourth research and development intercept test
of the system was conducted on July 14, 2001. A total of
twenty-one developmental intercept tests are planned, and
subsequent operational testing of the system is not scheduled
to begin until fiscal year 2005.
(7) On July 12, 2001, Secretary of Defense Rumsfeld stated
that ``[t]he United States is not going to violate the [ABM]
Treaty. If we get to the point where we need to get beyond the
treaty and we haven't been able to negotiate something,
obviously, there's a provision you can withdraw in six months
and that's what you'd have to do.''.
(8) Unilateral abrogation or withdrawal from the ABM Treaty
by the United States will have profound implications for global
security and stability and for United States national security
interests, and is viewed with apprehension by United States
allies as well as other states.
(9) While unilateral abrogation or withdrawal from the ABM
Treaty would have negative consequences for United States
security, negotiated modest modifications of the Treaty could
preserve the essential effectiveness of the Treaty with respect
to Russia, and allow the United States to address threats that
have emerged since the ABM Treaty was drafted in 1972.
(10) At their July 22, 2001 meeting in Geneva, Presidents
Bush and Putin agreed ``that major changes in the world require
concrete discussion of both offensive and defensive systems. We
already have some strong and tangible points of agreement. We
will shortly begin intensive consultations on the interrelated
subjects of offensive and defensive systems.''.
SEC. 2. SENSE OF SENATE ON UNITED STATES ADHERENCE TO THE ABM TREATY.
It is the sense of the Senate that--
(1) all research, development, test, and evaluation
programs and activities of the United States for missile
defense purposes should remain consistent with United States
commitments to and obligations under the ABM Treaty;
(2) the United States should pursue good faith
consultations with Russia to address such modest modifications
of the ABM Treaty as may be necessary to address threats which
have emerged since the Treaty was signed and lead to an
agreement on appropriate limits on strategic nuclear offensive
and defensive systems that is in the national security interest
of the United States;
(3) the United States should not unilaterally abrogate or
withdraw from the ABM Treaty; and
(4) the United States should not deploy a national missile
defense system until--
(A) operational tests of a fully integrated version
of the system have been conducted utilizing realistic
test parameters; and
(B) the operational tests have demonstrated, in a
manner consistent with the provisions of section 2399
of title 10, United States Code, that the system,
whether part of a fully integrated system or an
emergency deployment, is operationally effective and
suitable for use in combat.
SEC. 3. LIMITATION ON USE OF FUNDS FOR MISSILE DEFENSE PROGRAMS AND
ACTIVITIES.
(a) Limitation on Use To Abrogate ABM Treaty.--Notwithstanding any
other provision of law, no funds may be obligated or expended for any
test, evaluation, or deployment of a National Missile Defense system,
or any program or activity relating to a National Missile Defense
system, that would result in the abrogation of or withdrawal from the
ABM Treaty.
(b) Limitation on Use Inconsistent With Future Agreements.--
Notwithstanding any other provision of law, if an agreement with Russia
to amend the ABM Treaty, or an agreement with Russia governing
strategic nuclear offensive and defensive systems, comes into force
after the date of the enactment of this Act, no funds may be obligated
or expended after the date such agreement comes into force for any
test, evaluation, or deployment of a National Missile Defense system,
or any program or activity relating to a National Missile Defense
system, that would by inconsistent with such agreement.
(c) Scope of Limitation.--For purposes of this section, a test,
evaluation, or deployment of a system shall include any construction
required to carry out the test, evaluation, or deployment of the
system.
SEC. 4. REPORTS ON DECISIONS RELATING TO DEPLOYMENT OF A NATIONAL
MISSILE DEFENSE SYSTEM.
(a) Report by Secretary of State Before Decisions.--Not later than
120 days before any decision by the President described in subsection
(c), the Secretary of State shall submit to Congress a report, in
writing, containing the following:
(1) A description of the specific national security threat
that justifies such decision.
(2) An assessment of the extent to which testing not
compliant with the ABM Treaty, and the deployment of an
integrated missile defense system or emergency capability using
test assets, will enhance overall United States national
security, which assessment shall take into account--
(A) the likelihood of the missile threat that the
testing or deployment, as the case may be, is designed
to counter;
(B) the impact of the testing or deployment, as the
case may be, on United States relations with our
allies, and with Russia and China; and
(C) the impact of the testing or deployment, as the
case may be, on existing nuclear arms control
agreements, nuclear risk reduction objectives, and
United States nonproliferation goals and treaty
commitments.
(b) Certification by Secretary of Defense Before Decisions.--(1)
Not later than 120 days before a decision by the President described in
subsection (c)(1), the Secretary of Defense shall certify to Congress,
in writing, that--
(A) operational tests of a fully integrated version of the
missile system or emergency capability concerned have been
conducted utilizing realistic test parameters, including
countermeasures and decoys; and
(B) such operational tests have demonstrated, in a manner
consistent with the provisions of section 2399 of title 10,
United States Code, that the missile system or emergency
capability, as the case may be, whether part of a fully
integrated system or an emergency deployment, is operationally
effective and suitable for use in combat.
(2) A certification under this subsection shall be submitted in
both classified and unclassified form.
(c) Covered Decisions.--The decisions described in this subsection
are as follows:
(1) A decision to deploy a missile system designated to
defend the territory of the United States against ballistic
missile attack, including the deployment of an emergency
capability utilizing missile defense assets.
(2) A decision to notify Russia of the intention of the
United States to withdraw from the ABM Treaty.
SEC. 5. ANNUAL ASSESSMENTS ON THREAT OF ATTACK ON THE UNITED STATES
USING WEAPONS OF MASS DESTRUCTION.
Not later than six months after the date of the enactment of this
Act, and annually thereafter, the President shall submit to Congress a
report containing the following:
(1) An assessment, current as of the date of such report,
of the threat posed to the United States and its allies by the
use of a weapon of mass destruction by both foreign states and
transnational groups, including--
(A) an assessment of the scope and nature of the
threat of delivery of such a weapon of mass destruction
by a variety of means of delivery; and
(B) a comparison of the threat posed by delivery of
such a weapon of mass destruction by ballistic missile
with the threat posed by delivery of such a weapon of
mass destruction by another delivery system, whether
conventional or unconventional, including by cruise
missile, truck, suitcase, boat, or airplane.
(2) The total estimated cost, current as of the fiscal year
ending in the year preceding the year in which such report is
submitted, of all research, development, test, and evaluation,
deployment, and operation and maintenance activities with
respect to the national missile defense system during the
period beginning on January 1, 2002, and ending on December 31,
2020.
(3) A determination whether or not, during the fiscal year
in which such report is submitted, the allocation of funds for
the national missile defense system will impair the allocation
of funds for priority programs of the Department of Defense (as
determined by the Secretary of Defense), including programs
relating to force structure, force readiness, force training,
force modernization, homeland defense, and research,
development, test, and evaluation.
SEC. 6. ABM TREATY DEFINED.
In this Act, the term ``ABM Treaty'' means the Treaty Between the
United States of America and the Union of Soviet Socialist Republics on
the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on
May 26, 1972, and includes the Protocol to that treaty, signed at
Moscow on July 3, 1974. | Expresses the sense of the Senate that: (1) the missile defense programs and activities of the United States should remain consistent with its obligations under the ABM Treaty; (2) the U.S. should consult with Russia and pursue modest modifications to address security considerations in, but not unilaterally abrogate or withdraw from, the Treaty; and (3) a national missile defense system should not be deployed until it is has been tested using realistic parameters and is operationally effective and suitable for use in combat. Limits the obligation or expenditure of funds accordingly.Requires that the Secretary of Defense certify that such a system is operationally effective before the President decides to deploy a missile defense system or to notify Russia of the U.S. intention to withdraw from the ABM treaty.Directs the President to submit annual reports to Congress on: (1) the threat posed to the United States and its allies by the use of a weapon of mass destruction by a foreign state or transnational group; (2) the cost of the national missile defense system; and (3) whether the allocation of funds for such system will impair priority defense programs. | {"src": "billsum_train", "title": "A bill relating to United States adherence to the ABM Treaty."} | 2,198 | 239 | 0.549495 | 1.731915 | 0.787382 | 3.584112 | 9.845794 | 0.939252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in States to Achieve
Tuition Equality for Dreamers Act of 2014'' or ``IN STATE Act of
2014''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The non-partisan Congressional Budget Office found that
comprehensive immigration reform would reduce the national
deficit by billions, strengthen Social Security solvency,
increase the number of jobs, and raise Gross Domestic Product.
(2) According to a report by the Partnership for a New
American Economy, in 2010 more than 40 percent of Fortune 500
companies were founded by immigrants or their children,
generating a combined revenue of $4,200,000,000,000.
(3) Thousands of deferred action childhood arrival students
graduate from high schools in the United States every year but
only a small fraction of those students enroll in higher
education.
(4) Many jobs in the 21st century economy require some form
of postsecondary education.
(5) Education provides an important pathway to the middle
class; college graduates have higher earnings and lower
unemployment rates than their less educated peers.
(6) Since 2008, States are spending 28 percent less per
student in higher education, and tuition and fees continue to
rise. The increased costs are being shifted to students and
student loan debt continues to grow.
(7) Investments in higher education provide youth a ladder
to achieving the American dream.
(b) Purposes.--The purposes of this Act are to--
(1) allow States to provide immigrant students timely and
affordable access to higher education;
(2) incentivize States to maintain support for higher
education; and
(3) promote increased access and affordability to
postsecondary education for students through State need-based
financial aid.
SEC. 3. AMERICAN DREAM GRANTS.
(a) In General.--Subpart 4 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070c et seq.) is amended by adding at
the end the following:
``SEC. 415G. AMERICAN DREAM GRANTS.
``(a) Dreamer Students.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) was younger than 16 years of age on the date
on which the individual initially entered the United
States;
``(B) has provided a list of each secondary school
(as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965) that
the student attended in the United States; and
``(C)(i) has earned a high school diploma or a
commensurate alternative award from a public or private
high school or secondary school, has obtained a general
education development certificate recognized under
State law, has obtained a high school equivalency
diploma in the United States, or is scheduled to
complete the requirements for such a credential before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or has completed not less than 2
years, in good standing, in a program for a bachelor's
degree or higher degree in the United States; or
``(iii) has served in the uniformed services for
not less than 4 years and, if discharged, received an
honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when a State shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) to qualify as a Dreamer student under paragraph (1), if the
individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement under subparagraph
(C) of paragraph (1).
``(b) Grants to States.--
``(1) Reservation for administration.--From the amounts
appropriated to carry out this section for each fiscal year,
the Secretary may reserve not more than 1 percent of such
amounts to administer this section.
``(2) Grants authorized to eligible states.--From the
amounts appropriated to carry out this section for each fiscal
year and not reserved under paragraph (1), the Secretary shall
award grants to eligible States to enable the States to carry
out the activities described in this section.
``(3) Eligibility.--A State is eligible to receive a grant
under this section if the State--
``(A) increases access and affordability to higher
education for students by--
``(i) offering in-State tuition for Dreamer
students; or
``(ii) expanding in-State financial aid to
Dreamer students; and
``(B) submits an application to the Secretary that
contains an assurance that--
``(i) the State has made significant
progress establishing a longitudinal data
system that includes the elements described in
section 6201(e)(2)(D) of the America COMPETES
Act (20 U.S.C. 9871(e)(2)(D)); and
``(ii) notwithstanding any other provision
of law, the State will not discriminate, in
awarding student financial assistance or
determining who is eligible for in-State
tuition, against a Dreamer student if the
student would otherwise be eligible for in-
State financial aid.
``(4) Allotments.--The Secretary shall allot the amount
appropriated to carry out this section for each fiscal year and
not reserved under paragraph (1) among the eligible States in
proportion to the number of Dreamer students enrolled at least
half-time in postsecondary education who reside in the State
for the most recent fiscal year for which satisfactory data are
available, compared to the number of such students who reside
in all eligible States for that fiscal year.
``(c) Supplement Not Supplant.--Grant funds awarded under this
section shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under this
section.
``(d) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, to carry out
this section--
``(1) $55,000,000 for fiscal year 2015;
``(2) $55,000,000 for fiscal year 2016;
``(3) $60,000,000 for fiscal year 2017;
``(4) $60,000,000 for fiscal year 2018;
``(5) $75,000,000 for fiscal year 2019;
``(6) $75,000,000 for fiscal year 2020;
``(7) $85,000,000 for fiscal year 2021;
``(8) $85,000,000 for fiscal year 2022;
``(9) $100,000,000 for fiscal year 2023; and
``(10) $100,000,000 for fiscal year 2024.''.
(b) Offset.--Section 281 of the Immigration and Nationality Act (8
U.S.C. 1351) is amended--
(1) by striking ``The fees'' and inserting the following:
``(a) In General.--The fees'';
(2) by striking ``: Provided, That nonimmigrant visas'' and
inserting the following:
``(b) United Nations Visitors.--Nonimmigrant visas'';
(3) by striking ``Subject to'' and inserting the following:
``(c) Fee Waivers or Reductions.--Subject to''; and
(4) by adding at the end the following:
``(d) F-1 Visa Fee.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall collect a $150
fee from each nonimmigrant admitted under section 101(a)(15)(F)(i),
which fee shall be deposited in the general fund of the Treasury.''.
(c) Restoration of State Option To Determine Residency for Purposes
of Higher Education.--
(1) Repeal.--Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208).
(d) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is amended
by inserting ``, without having been lawfully admitted to the United
States for permanent residence, and'' after ``naturalized''. | Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or the IN STATE Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to allot grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid. Defines a "Dreamer student" as an individual who: was under age 16 upon entering this country, has provided a list of each secondary school the individual attended in this country, and has earned a high school diploma or certain similar credentials or is scheduled to complete the requirements for such a credential before the next academic year begins, has acquired a degree from an institution of higher education or has successfully completed at least 2 years of a program for a bachelor's or higher degree in this country, or has served honorably in the uniformed services for at least 4 years. Directs the Secretary to provide for a hardship exception to either or both of the first two of such requirements. Requires grant applicants to assure the Secretary that they: (1) have made significant progress in establishing a preschool through postsecondary education (P-16) longitudinal data system; and (2) will not discriminate against Dreamer students in awarding student aid or determining who is eligible for in-state tuition, if the student would otherwise be eligible for in-state financial aid as a state resident. Allots grants to each state based on its proportion of resident Dreamer students who are enrolled at least half-time in postsecondary education. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to collect a specified fee from recipients of F-1 visas, provided to nonimmigrant full-time students. Eliminates the prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country, without regard to their state residence. Allows individuals who have served honorably in the U.S. Armed Forces to be naturalized without having been lawfully admitted to this country for permanent residence. | {"src": "billsum_train", "title": "IN STATE Act of 2014"} | 1,903 | 478 | 0.517098 | 1.701831 | 0.795341 | 2.743073 | 4.319899 | 0.853904 |
of December 24, 1970 (2
U.S.C. 168b) is amended by striking out ``Joint Committee on Printing''
and inserting in lieu thereof ``Committee on Rules and Administration
of the House of Representatives''.
(c) Title 4 Amendment.--Section 145 of title 4, United States Code,
is amended by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Committee on Rules and Administration of
the Senate and the Committee on House Oversight of the House of
Representatives''.
(d) Title 16 Amendment.--Section 312 of the Federal Water Power Act
(16 U.S.C. 825k) is amended by striking out ``Joint Committee on
Printing'' each place it appears and inserting in lieu thereof ``Public
Printer''.
(e) Title 20 Amendments.--(1) Section 5(c) of the National
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C.
954(c)) is amended by striking out ``Joint Committee on Printing of the
Congress'' and inserting in lieu thereof ``Public Printer''.
(2) Section 7(c) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 956(c)) is amended by striking out
``Joint Committee on Printing'' and inserting in lieu thereof ``Public
Printer''.
(f) Title 28 Amendment.--Section 411(a) of title 28, United States
Code, is amended by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Public Printer''.
(g) Title 40 Amendments.--Section 602 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 474) is amended--
(1) by striking out paragraph (18); and
(2) by redesignating paragraphs (19) through (21) as
paragraphs (18) through (20), respectively.
(h) Title 44 Amendments.--(1) The table of chapters for title 44,
United States Code, is amended by striking out the item relating to
chapter 1.
(2) Section 305(a) of title 44, United States Code, is amended--
(A) in the fourth sentence, by striking out ``Joint
Committee on Printing'' and inserting in lieu thereof ``Public
Printer''; and
(B) in the fifth sentence, by striking out ``either party
may appeal to the Joint Committee on Printing, and the decision
of the Joint Committee is final.'' and inserting in lieu
thereof ``an appeal may be made under subchapter III of chapter
71 of title 5.''
(3) Section 309(a) of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer''.
(4) Section 312 of title 44, United States Code, is amended by
striking out ``, with the approval of the Joint Committee on
Printing''.
(5) Section 502 of title 44, United States Code, is amended by
striking out ``with the approval of the Joint Committee on Printing''.
(6) Section 504 of title 44, United States Code, is amended by
striking out ``The Joint Committee on Printing may permit the Public
Printer to'' and inserting in lieu thereof ``The Public Printer may''.
(7) Section 505 of title 44, United States Code, is amended by
striking out ``, under regulations of the Joint Committee on
Printing''.
(8) Section 508 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Committee on Rules and Administration of the Senate and the
Committee on House Oversight of the House of Representatives''.
(9) Section 509 of title 44, United States Code, is amended--
(A) by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Public Printer''; and
(B) by striking out ``, under their direction,''.
(10) Section 510 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing:'' and inserting in lieu
thereof ``Public Printer''.
(11) Section 511 of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``Joint
Committee on Printing:'' and inserting in lieu thereof ``Public
Printer'';
(B) in the second sentence, by striking out ``The
committee'' and inserting in lieu thereof ``The Public
Printer''; and
(C) in the third sentence, by striking out ``The
Committee'' and inserting in lieu thereof ``The Public
Printer''.
(12) Section 512 of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``Joint
Committee on Printing'' and inserting in lieu thereof ``Public
Printer''; and
(B) in the second sentence, by striking out ``the
Committee'' and inserting in lieu thereof ``the Public
Printer''.
(13) Section 513 of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``standard of
quality fixed upon by the Joint Committee on Printing,'' and
inserting in lieu thereof ``applicable fixed standard of
quality''; and
(B) in the second sentence, by striking out ``the
Committee'' and inserting in lieu thereof ``the Public
Printer''.
(14) Section 514 of title 44, United States Code is amended--
(A) by striking out ``Joint Committee on Printing shall
determine'' and inserting in lieu thereof ``Public Printer
shall apply the provisions of subchapter V of chapter 35 of
title 31 to resolve''; and
(B) by striking out ``; and the decision of the Committee
is final as to the United States''.
(15) Section 515 of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``report the
default to the Joint Committee on Printing, and under its
direction,''; and
(B) in the second sentence, by striking out ``, under the
direction of the Joint Committee on Printing,''.
(16) Section 517 of title 44, United States Code, is amended by
striking out ``The Joint Committee on Printing may authorize the Public
Printer to'' and inserting in lieu thereof ``The Public Printer may''.
(17) Section 702 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer''.
(18) Section 703 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Committee on Rules and Administration of the Senate or the
Committee on House Oversight of the House of Representatives''.
(19) Section 707 of title 44, United States Code, is amended by
striking out ``the Joint Committee on Printing may authorize the
printing of a bill or resolution, with index and ancillaries, in the
style and form the Joint Committee on Printing considers most suitable
in the interest of economy and efficiency, and to so continue until
final enactment in both Houses of Congress. The committee'' and
inserting in lieu thereof ``the Public Printer, in consultation with
the Secretary of the Senate and the appropriate official of the House
of Representatives, may print a bill or resolution, with index and
ancillaries, in the style and form the Public Printer considers most
suitable in the interest of economy and efficiency, and to so continue
until final enactment in both Houses of Congress. The Public Printer,
in consultation with the Secretary of the Senate and the appropriate
official of the House of Representatives''.
(20) Section 709 of title 44, United States Code, is amended in the
second sentence by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Public Printer''.
(21) Section 714 of title 44, United States Code, is amended by
striking out ``The Joint Committee on Printing shall establish rules to
be observed by the Public Printer,'' and inserting in lieu thereof
``The Public Printer, in consultation with the Secretary of the Senate
and the appropriate official of the House of Representatives, shall
establish rules''.
(22) Section 717 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives''.
(23) Section 718 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives''.
(24) Section 721(a) of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``Joint
Committee on Printing'' and inserting in lieu thereof ``Public
Printer, in consultation with the Secretary of the Senate and
the appropriate official of the House of Representatives''; and
(B) in the second sentence, by striking out ``The Joint
Committee'' and inserting in lieu thereof ``The Public
Printer''.
(25) Section 722 of title 44, United States Code, is amended by
striking out ``, under the direction of the Joint Committee on
Printing,''.
(26) Section 723 of title 44, United States Code, is amended--
(A) by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Public Printer, in consultation
with the Secretary of the Senate and the appropriate official
of the House of Representatives''; and
(B) by striking out ``the Joint Committee considers'' and
inserting in lieu thereof ``the Public Printer, in consultation
with the Secretary of the Senate and the appropriate official
of the House of Representatives, considers''.
(27) Section 724 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer''.
(28) Section 728 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives,''.
(29) Section 738 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives,''.
(30) Section 901 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives,''.
(31) Section 902 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``the Public Printer, in consultation with the Committee on
Rules and Administration of the Senate and the Committee on House
Oversight of the House of Representatives,''.
(32) Section 903 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives''.
(33) Section 905 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer, in consultation with the Secretary of the
Senate and the appropriate official of the House of Representatives,''.
(34) Section 906 of title 44, United States code, is amended--
(A) by striking out ``to the Joint Committee on Printing
not to exceed one hundred copies;'' and inserting in lieu
thereof ``to the Committee on Rules and Administration of the
Senate and the Committee on House Oversight of the House of
Representatives not to exceed one hundred copies each;'',
(B) by striking out ``to each Joint Committee and Joint
Commission in Congress, as may be designated by the Joint
Committee on Printing'' and inserting in lieu thereof ``to each
Joint Committee and Joint Commission in Congress, as may be
designated by the Committee on Rules and Administration of the
Senate and the Committee on House Oversight of the House of
Representatives'';
(C) by striking out ``to the Joint Committee on Printing,
ten semimonthly copies;'' and inserting in lieu thereof ``to
the Committee on Rules and Administration of the Senate and the
Committee on House Oversight of the House of Representatives,
ten semimonthly copies'';
(D) by striking out ``of which eight copies may be bound in
the style and manner approved by the Joint Committee on
Printing;'' and inserting in lieu thereof ``of which eight
copies may be bound in the style and manner approved by the
Public Printer, in consultation with the appropriate official
of the House of Representatives''; and
(E) by striking out ``Copies of the daily edition, unless
otherwise directed by the Joint Committee on Printing, shall be
supplied and delivered'' and inserting in lieu thereof ``Copies
of the daily edition, unless otherwise directed by the Public
Printer, shall be supplied and delivered''.
(35) Section 1108 of title 44, United States Code, is amended by
striking out ``, subject to regulation by the Joint Committee on
Printing,''.
(36) Section 1112 of title 44, United States Code, is amended by
striking out ``Joint Committee on Printing'' and inserting in lieu
thereof ``Public Printer''.
(37) Section 1121 of title 44, United States Code, is amended by
striking out ``, under the direction of the Joint Committee on
Printing,''.
(38) Section 1301 of title 44, United States Code, is amended by
striking out ``, in accordance with directions of the Joint Committee
on Printing''.
(39) Section 1320A of title 44, United States Code, is amended by
striking out ``, and with the approval of the Joint Committee on
Printing''.
(40) Section 1333 of title 44, United States Code, is amended in
subsection (b) by striking out ``Joint Committee on Printing'' and
inserting in lieu thereof ``Public Printer, in consultation with the
Secretary of the Senate and the appropriate official of the House of
Representatives,''.
(41) Section 1338 of title 44, United States Code, is amended--
(A) in the first sentence--
(i) by striking out ``, under limitations and
conditions prescribed by the Joint Committee on
Printing,''; and
(ii) by striking out ``under limitations and
conditions prescribed by the Joint Committee on
Printing''; and
(B) in the second sentence, by striking out ``Joint
Committee on Printing'' and inserting in lieu thereof ``Public
Printer''.
(42) Section 1705 of title 44, United States Code, is amended by
striking out ``, subject to regulation by the Joint Committee on
Printing and''.
(43) Section 1710 of title 44, United States Code, is amended--
(A) in the first sentence, by striking out ``, upon a plan
approved by the Joint Committee on Printing''; and
(B) in the fourth sentence, by striking out ``as the Joint
Committee on Printing directs''.
(44) Section 1914 of title 44, United States Code, is amended by
striking out ``, with the approval of the Joint Committee on Printing
as provided by section 103 of this title,''.
(45) Section 5(b) of the Federal Records Management Amendments of
1976 (44 U.S.C. 2901 note) is amended by striking out ``the Joint
Committee on Printing or''.
SEC. 18. EFFECTIVE DATE.
Except as specifically provided in this Act, this Act and the
amendments made by this Act shall take effect on the first day of the
9th month after the month in which this Act is enacted.
HR 1024 IH----2
HR 1024 IH----3 | Repeals provisions regarding the Joint Committee on Printing. Transfers responsibilities of the Committee to the Public Printer.
Directs the Public Printer to: (1) remedy neglect, delay, duplication, and waste in public printing and binding and the production of Government publications; (2) prescribe quality standards; (3) utilize requests for proposals and similar authorized purchasing methods where total or partial migration to new technologies is appropriate or when requested by the user; (4) prescribe Government specifications for printing paper and writing paper; (5) assist with the acquisition and transfer of equipment requisitioned by facilities previously authorized and with the disposal of such equipment; and (6) establish policy for the acquisition of printing and Government publications, formulated to maximize competitive procurement from the private sector (but which may provide for use of Government in-house printing and duplicating operations if they provide printing and duplicating at the lowest cost to the Government).
Requires the Public Printer to promulgate rules and regulations for the procurement of printing and Government publications by the Government Printing Office (GPO) not inconsistent with this Act.
Mandates that the annual report to the Congress include a report on: (1) the printing costs of each branch of Government; and (2) a cost comparison of printing and publications as procured through GPO, produced by each Federal agency, produced by commercial sources that are not Federal entities under contract with a Federal agency (other than GPO), and produced by commercial sources that are not Federal entities under contract with GPO.
Directs the Public Printer to establish and maintain the following separate GPO accounts: (1) Superintendent of Documents; (2) Executive and Judicial Print Procurement; and (3) Congressional Services.
Requires that all printing and Government publications for the Congress, the executive office, the judiciary (other than the Supreme Court), and every executive department, agency, independent office and establishment or Government entity be procured from private sector commercial entities by GPO, with exceptions.
Revises provisions regarding: (1) competitive procurement; (2) limits on Government printing production; (3) the use of illustrations; (4) the form and style of work for departments.
Sets forth provisions regarding: (1) departmental distribution of publications; (2) availability, inventory, dissemination, and re-publication of Government publications; (3) projections and reporting on costs for printing by Federal agencies; (4) scoring of sales of assets; (5) "Buy American" requirements; and (6) cost ceilings for certain congressional documents. | {"src": "billsum_train", "title": "To improve the dissemination of information and printing procedures of the Government."} | 3,752 | 515 | 0.405423 | 1.321427 | 0.584723 | 1.053571 | 6.916667 | 0.597222 |
SECTION 1. ACADIA NATIONAL PARK BOUNDARY.
(a) In General.--Section 101 of Public Law 99-420 (16 U.S.C. 341
note; 100 Stat. 955) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(a) Boundaries.--In order to'';
(2) in the second sentence, by striking ``The map'' and
inserting the following:
``(b) Availability of Map.--The maps described in subsection (a)
and subsection (c)''; and
(3) by adding at the end the following:
``(c) Schoodic Peninsula Addition.--The boundary of the Park is
confirmed to include approximately 1,441 acres of land and interests in
land, as depicted on the map entitled `Acadia National Park, Hancock
County, Maine, Schoodic Peninsula Boundary Revision', numbered 123/
129102, and dated July 10, 2015.
``(d) Ratification and Approval of Acquisitions.--There are hereby
ratified and approved the following:
``(1) Retroactive to September 26, 2013, the acquisition or
purported acquisition by the United States of land and
interests in land referred to in subsection (c).
``(2) Any subsequent or purported alteration of the land
and interests in land referred to in subsection (c) held or
claimed by the United States in said property (including
conversion to fee simple interest), retroactive to whatever
point an alteration occurred or may have occurred.''.
SEC. 2. ACQUISITION OF LAND.
The Secretary of the Interior may only acquire land or interests in
land--
(1) within the boundary of Acadia National Park in
accordance with Public Law 99-420 (16 U.S.C. 341 note; 100
Stat. 955); and
(2) outside the boundary of Acadia National Park in Hancock
County, Maine, in accordance with Public Law 99-420 (16 U.S.C.
341, note; 100 Stat. 955).
SEC. 3. ACADIA BOUNDARY ACT FOR SOLID WASTE MANAGEMENT.
Section 102(f) of Public Law 99-420 (16 U.S.C. 341, note; 1001
Stat. 957) is amended by striking ``toward the cost of constructing''
through ``50 per centum of the cost of such construction.'' and
inserting ``$350,000 to a regional consortium established by law for
the purpose of improving the management of the disposal and recycling
of solid waste and composed of municipalities on as well as near Mount
Desert Island.''.
SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION.
(a) In General.--The Secretary of the Interior shall reestablish
and appoint members to the Acadia National Park Advisory Commission in
accordance with section 103 of Public Law 99-420 (16 U.S.C. 341 note;
100 Stat. 959).
(b) Conforming Amendment.--Section 103 of Public Law 99-420 (16
U.S.C. 341 note; 100 Stat. 959) is amended by striking subsection (f).
SEC. 5. REPEALS.
The following provisions are repealed:
(1) Section 3 of the Act of February 26, 1919 (40 Stat.
1179, chapter 45).
(2) The first section of the Act of January 19, 1929 (45
Stat. 1083, chapter 77).
SEC. 6. USE RESTRICTION MODIFIED.
The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.
``The Secretary''; and
(2) by striking ``for school purposes'' and inserting ``for
public purposes, subject to the conditions that use of the
property shall not degrade or adversely impact the resources or
values of Acadia National Park, and the land shall remain in
public ownership for recreational, educational, or similar
public purposes''.
SEC. 7. PRESERVATION OF PUBLIC TRUST.
Title I of Law 99-420 (16 U.S.C. 341, note; 100 Stat. 9550 is
amended by adding at the end the following:
``SEC. 109. PRESERVATION OF PUBLIC TRUST.
``(a) Nothing in this Act or Public Law 99-420 (16 U.S.C. 341,
note; 100 Stat. 955)] or any other law, including laws of general
applicability, shall be construed to affect, preempt or in any way
diminish the rights, responsibilities and authority of the State of
Maine under and pursuant to the public trust doctrine over any lands in
which the United States possesses any kind of property interest where
that land is located seaward of the mean high water mark.
``(b) Nothing in this Act or Public Law 99-420 (16 U.S.C. 341,
note; 100 Stat. 9550) shall be construed to affect, preempt or in any
diminish the rights and privileges of any person under public trust
doctrine upon any lands in which the United States possesses any kind
of property interest where that land is located seaward of the mean
high water mark.
``(c) The provisions of any Federal law enacted after the date of
the enactment of this Act pertaining to the authority of the United
States over lands in which the United States possesses any kind of
property interest which would affect, preempt or in any way diminish
the rights, responsibilities, and authority of the State of Maine, as
stated in subsection (a) of this section, shall not apply within the
State of Maine unless such provision of such subsequently enacted
Federal law is specifically made applicable to Maine.
``(d) The term `public trust' as used in this section has the
meaning ascribed to it by and under Maine law.
``(e) The term `Maine law' means the Constitution, and all
statutes, regulations, and common laws of the State of Maine and its
political subdivisions and all subsequent amendments thereto and
judicial interpretations thereof.''. | This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: retroactive to September 26, 2013, the acquisition or purported acquisition by the United States of the land and interests in the Schoodic Peninsula, and any subsequent or purported alteration of the land or interests held or claimed by the United States in the peninsula (including conversion to fee simple interest) retroactive to whatever point an alteration occurred or may have occurred. The Department of the Interior may only acquire land or interests in land: within the boundaries of the park in accordance with specified law; and outside the boundaries of the park in Hancock County, Maine, in accordance with such law. Interior shall contribute a specified amount to a regional consortium which was established to improve the management of the disposal and recycling of solid waste and is composed of municipalities on, as well as near, Mount Desert Island. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of the property (on such land) shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes. | {"src": "billsum_train", "title": "To clarify the boundary of Acadia National Park, and for other purposes."} | 1,394 | 315 | 0.678308 | 2.42853 | 0.82328 | 4.337931 | 4.275862 | 0.889655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Adoption Act of 2013''.
SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM.
Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j))
is amended--
(1) by striking ``(j) Lifeline Assistance.--Nothing in
this'' and inserting the following:
``(j) Lifeline Assistance.--
``(1) In general.--Nothing in this''; and
(2) by adding at the end the following:
``(2) Broadband lifeline assistance program.--
``(A) Purpose.--The purpose of this paragraph is to
promote the adoption of broadband service by all people
of the United States while recognizing that the price
of broadband service is one of the barriers to adoption
for low income households.
``(B) Establishment.--
``(i) In general.--Not later than 270 days
after the date of enactment of the Broadband
Adoption Act of 2013, the Commission shall
adopt a final rule establishing Lifeline
program support for broadband that enables
qualifying low-income customers residing in
urban and rural areas to purchase broadband
service at reduced charges by reimbursing
providers who elect to participate in the
program for each such customer served. The
Commission shall consider the results of the
Low-Income Broadband Pilot Program when
establishing such final rule.
``(ii) Model.--Such program shall be
similar in structure to the Lifeline program
for basic telephone service under subpart E of
part 54 of title 47, Code of Federal
Regulations. Qualifying individuals may elect
to apply support from the Lifeline program to
basic telephone service, voice telephony
service, or broadband service, whether each
service is purchased stand-alone or in a
bundle.
``(iii) Digital literacy program.--The
Commission shall consider providing a
preference to participating broadband service
providers that include components involving
digital literacy programs as part of their
offerings.
``(C) State matching funds.--The Commission may
determine, in consultation with the Federal-State Joint
Board instituted under subsection (a)(1), whether State
matching funds may be provided as a condition of
eligibility for low-income households within such
State.
``(D) Amount of support.--
``(i) In general.--The Commission, in
calculating the amount of Lifeline support to
be provided to each low-income household, shall
routinely study the prevailing market price for
broadband service and the prevailing speed of
broadband service adopted by households.
``(ii) Information.--To fulfill the
requirement under clause (i), the Commission
shall rely on information that it routinely
collects or that is publicly available.
``(E) Technology neutral.--
``(i) In general.--The Commission shall
ensure that the program established under
subparagraph (B)(i) is neutral as to the types
of technology used to provide voice telephony
or broadband service under the Lifeline program
to promote competition from service providers
to qualify under such program.
``(ii) Authorization.--A participating
broadband service provider need not be an
eligible telecommunications carrier to receive
support under such program, but such provider
shall obtain authorization from the Commission
in order to participate in the program.
``(F) Accountability.--
``(i) Nonduplication.--In establishing the
program under subparagraph (B)(i), the
Commission shall adopt regulations to prevent
duplicative Lifeline subsidies from being
awarded to an individual eligible household.
Only one Lifeline program support amount per
eligible household shall be available to
qualifying individuals.
``(ii) Preventing waste, fraud, or abuse.--
In adopting rules to implement this paragraph,
the Commission shall consider any appropriate
measures to prevent any waste, fraud, or abuse
of this program.
``(iii) Eligibility.--The Commission, in
consultation with other relevant Federal
agencies, shall establish a national database
which can be used to determine consumer
eligibility for Lifeline program subsidies.''. | Broadband Adoption Act of 2013 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to adopt a final rule establishing support for broadband under the Universal Service Fund Lifeline Assistance Program to enable qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. Establishes a program model under which qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. Authorizes the FCC to determine whether state matching funds may be provided as a condition of eligibility for low-income households within such state. Requires the program to be technology neutral to promote competition from service providers. Requires a broadband service provider that is not an eligible telecommunications carrier to obtain FCC authorization to participate in the program. Directs the FCC to: (1) adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household, and (2) establish a national database to determine consumer eligibility. Limits qualifying individuals to only one Lifeline program support amount per eligible household. | {"src": "billsum_train", "title": "Broadband Adoption Act of 2013"} | 920 | 274 | 0.695486 | 1.876715 | 0.93623 | 4.649351 | 3.532468 | 0.926407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Campaign Financing Act of
2003''.
SEC. 2. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS.
The Federal Election Campaign Act of 1971 is amended by adding at
the end the following new title:
``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS
``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING.
``A House of Representatives candidate qualifies for public funding
if, as determined by the Commission--
``(1) at least 6 weeks before the general election, the
candidate obtains the signatures of 3 percent of the registered
voters in the congressional district involved; or
``(2) the candidate is the candidate of a political party,
the candidate of which, in the preceding general election,
received more than 25 percent of the vote.
``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF
REPRESENTATIVES CANDIDATES.
``(a) Individual Contributions Requirement.--A qualifying House of
Representatives candidate may not accept contributions other than
contributions from individuals that total not more than $100 per
individual per election cycle.
``(b) In-State Contribution Requirement.-- With respect to each
reporting period for an election, at least 80 percent of the total sum
of contributions accepted by a qualifying House of Representatives
candidate shall be from the State in which the congressional district
involved is located.
``SEC. 503. USE OF PUBLIC FUNDING.
``(a) In General.--A qualifying House of Representatives candidate
may use public funds only for--
``(1) buying time on radio, cable, or television broadcast
stations;
``(2) buying rental space on billboards or other outdoor
signs;
``(3) buying advertising space in magazines, newspapers,
periodicals, and other advertising media, including theaters,
the Internet, and the worldwide web;
``(4) payment of the cost of producing advertisements for
media referred to in paragraphs (1), (2), and (3);
``(5) procurement of computerized campaign software, voter
lists, and other voter contact tools;
``(6) payment of the cost of printing and mailing campaign
literature;
``(7) payment of the cost of telephone expenses;
``(8) payment of legal and accounting costs associated with
campaigning;
``(9) payment of campaign employees' salaries;
``(10) payment of the cost of campaign office equipment and
supplies; and
``(11) payment of incidental expenses of the candidate,
such as travel and food.
``(b) Specific Exclusion.--A qualifying House of Representatives
candidate may not use public funds under this title to pay the
candidate a salary or personal mortgages.
``(c) Calculation of Public Disbursement.--
``(1) In general.--A qualifying House of Representatives
candidate shall receive public funds closely approximating the
cost of procuring 2\1/2\ hours of television commercial time on
local television stations in the district's media markets.
``(2) Criteria for determining amount.--An exact amount of
the funds provided to a candidate under this section shall be
determined by the Commission, using--
``(A) the average cost of a media point per media
market, as defined by Arbitron Area of Dominant
Influence, for the 4th quarter of the preceding
calendar year; and
``(B) a multiplier of 5,000 media points.
``(3) Use of funds.--The funds provided under this section
may be used for any purpose specified in subsection (a).
``(d) Disbursements.--The Commission shall make disbursements of
public funds under this title upon submission of evidence that an
eligible expense has been incurred. No disbursement may be made with
respect to an expense incurred more than 4 months before the election
involved.
``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING.
``(a) In General.--The maximum amount of public funding that a
qualifying House of Representatives candidate may receive is $750,000.
``(b) Indexing.--The amount under subsection (a) shall be increased
as of the beginning of each even-numbered calendar year, based on the
increase in the price index determined under section 315(c), except
that the base period shall be calendar year 2003.
``SEC. 505. TELEVISION DEBATE REQUIREMENT.
``A qualifying House of Representatives candidate shall be required
to participate in at least 2 televised debates, organized by a
bipartisan or nonpartisan group, in the congressional district media
market.
``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND
TELEVISION STATIONS.
``(a) In General.--Each radio station and each television station
shall be--
``(1) required to accept orders for advertisements to be
paid for under this title until such advertising constitutes 40
percent of the station's total advertising time; and
``(2) subject to random periodic examination of advertising
charges paid under this title to ensure that such charges are
correct.
``(b) Condition of License.--The continuation of an existing
license, the renewal of an expiring license, and the issuance of a new
license under section 307 of the Communications Act of 1934 (47 U.S.C.
307) shall be conditioned on the agreement by the licensee to abide by
the provisions of subsection (a)(1).
``SEC. 507. DEFINITIONS.
``As used in this title--
``(1) the term `House of Representatives candidate' means a
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress;
``(2) the term `qualifying House of Representatives
candidate' means a House of Representatives candidate who
qualifies for public funding under this title; and
``(3) the term `congressional district media market' means,
with respect to a congressional district, the media market of
that district, as determined from the licensing records of the
Federal Communications Commission.''.
SEC. 3. REPORTING REQUIREMENTS.
(a) Reports by State Committees.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at
the end the following new subsection:
``(i) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(b) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of such Act
(2 U.S.C. 434(b)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(H);
(B) by inserting ``and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of such Act
(2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year''; and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
SEC. 4. REPORTING OF ELECTION ACTIVITY OF PERSONS OTHER THAN POLITICAL
PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j) Election Activity of Persons Other Than Political Parties.--
``(1) Requirement described.--(A) If any person to which
section 323 does not apply makes (or obligates to make)
disbursements for Federal election activities (as defined in
section 301(20)) in excess of $2,000, such person shall file a
statement--
``(i) on or before the date that is 48 hours before
the disbursements (or obligations) are made; or
``(ii) in the case of disbursements (or
obligations) that are required to be made within 14
days of the election, on or before such 14th day.
``(B) An additional statement shall be filed each time
additional disbursements aggregating $2,000 are made (or
obligated to be made) by a person described in subparagraph
(A).
``(2) Contents of statement.--Any statement under this
section shall be filed with the Secretary of the Senate or the
Clerk of the House of Representatives, and the Secretary of
State (or equivalent official) of the State involved, as
appropriate, and shall contain such information as the
Commission shall prescribe, including whether the disbursement
is in support of, or in opposition to, 1 or more candidates or
any political party. The Secretary of the Senate or Clerk of
the House of Representatives shall, as soon as possible (but
not later than 24 hours after receipt), transmit a statement to
the Commission. Not later than 48 hours after receipt, the
Commission shall transmit the statement to--
``(A) the candidates or political parties involved;
or
``(B) if the disbursement is not in support of, or
in opposition to, a candidate or political party, the
State committees of each political party in the State
involved.
``(3) Determinations by commission.--The Commission may
make its own determination that disbursements described in
paragraph (1) have been made or are obligated to be made. The
Commission shall notify the candidates or political parties
described in paragraph (2) not later than 24 hours after its
determination.
``(4) Exceptions.--This subsection shall not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure (as defined in
section 301(17)).''.
SEC. 5. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.
Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) For the purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be treated as contributions from the person to
the candidate. If a contribution is made to a candidate through
an intermediary or conduit, the intermediary or conduit shall
report the original source and the intended recipient of the
contribution to the Commission and the intended recipient.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions arranged to be
made by an intermediary or conduit, shall be treated as
contributions from the intermediary or conduit to the candidate
if--
``(i) the contributions made through the
intermediary or conduit are in the form of a check or
other negotiable instrument made payable to the
intermediary or conduit rather than the intended
recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee, a political
party, or an officer, employee, or agent of
either;
``(II) a person whose activities are
required to be reported under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C.
1603), the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.), or any successor
Federal law requiring a person who is a
lobbyist or foreign agent to report the
activities of such person;
``(III) a person who is prohibited from
making contributions under section 316 or a
partnership; or
``(IV) an officer, employee, or agent of a
person described in subclause (II) or (III)
acting on behalf of such person.
``(C) The term `contributions arranged to be made'
includes--
``(i) contributions delivered directly or
indirectly to a particular candidate or the candidate's
authorized committee or agent by the person who
facilitated the contribution; and
``(ii) contributions made directly or indirectly to
a particular candidate or the candidate's authorized
committee or agent that are provided at a fundraising
event sponsored by an intermediary or conduit described
in subparagraph (B).
``(D) This paragraph shall not prohibit--
``(i) fundraising efforts for the benefit of a
candidate that are conducted by another candidate or
Federal officeholder; or
``(ii) the solicitation by an individual using the
individual's resources and acting in the individual's
own name of contributions from other persons in a
manner not described in paragraphs (B) and (C).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 31, 2004. | Public Campaign Financing Act of 2003 - Amends the Federal Election Campaign Act of 1971 (FECA) to outline under a new title: (1) qualifications for public financing; (2) a prohibition against acceptance by qualifying House candidates of any contributions other than contributions from individuals that total not more than $100 per individual per election cycle, with an 80 percent in-State contribution requirement; (3) rules restricting public funding to specified purposes, such as buying broadcast time; (4) limitations on the maximum amount of public funding, which is set at $750,000 for qualifying House candidates; and (5) various specified requirements pertaining to television debates and radio and television advertising.Authorizes the Federal Election Commission, in lieu of any report required to be filed by this Act, to allow a State committee of a political party to file with it a report required to be filed under State law if it determines such reports contain substantially the same information.Prescribes reporting requirements about: (1) the election activity of persons other than political parties; and (2) contributions through intermediaries and conduits. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide for public funding for House of Representatives elections, and for other purposes."} | 3,052 | 224 | 0.61633 | 1.541218 | 0.965709 | 3.674528 | 12.877358 | 0.929245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Psychology Education Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Institute of Medicine issued a 2006 report entitled
``Improving the Quality of Health Care for Mental and Substance
Abuse Conditions'', which called for efforts to increase the
mental and behavioral health care workforce in the United
States, and to assure competency of that workforce;
(2) the ``Action Plan for Behavioral Health Workforce
Development'', commissioned in 2007 by the Substance Abuse and
Mental Health Services Administration, reported an insufficient
supply of trained professionals available to provide mental and
behavioral health services to older adults, and predicted that
such shortage would become more dire as the aging population
grows and the demand for specialized mental and behavioral
health services increases;
(3) the Bureau of Labor Statistics projects a need for
approximately 70,000 more doctoral level health service
psychologists, including clinical psychologists, counselors,
and school psychologists, in the United States by 2016;
(4) the Department of Defense Task Force on Mental Health
reported in 2007 that--
(A) the Nation faces a great need for adequately
trained mental health professionals, both civilian and
in the Armed Forces;
(B) nearly 40 percent of soldiers and half of
National Guard members report psychological
``symptoms'' and these problems are ``daunting and
growing''; and
(C) increasingly, National Guard members,
reservists, and even active duty members of the Armed
Forces who are stationed far from health care
installations of the Armed Forces, as well as the
families of such individuals, are more likely to seek
care in civilian settings, thus increasing the demand
for mental health services in those communities;
(5) according to a report of the Health Resources and
Services Administration in September 2008, there are 3,059
mental health professional shortage areas in rural and urban
areas of the United States, in which 77,000,000 people live,
and, based on the Administration's population to practitioner
ratio of 10,000:1, an additional 5,145 mental health providers
are required to meet the immediate needs of the mental health
professional shortage areas;
(6) the Annapolis Coalition Report, commissioned in 2007 by
the Substance Abuse and Mental Health Services Administration--
(A) found substantial needs to increase the mental
and behavioral health workforce of the future and to
broaden the racial and cultural diversity of that
workforce; and
(B) identified a pending retirement of more than
half of the clinically trained mental and behavioral
health professionals in the United States, along with a
serious shortage of providers in rural areas, and urged
a national focus on--
(i) addressing the needs of underserved
persons dealing with chronic illnesses;
(ii) treating young people with mental
disorders; and
(iii) working with young people to help
prevent risk-taking behaviors, including
smoking, substance abuse, violence, unsafe sex,
and actions that might cause vehicular
accidents;
(7) according to multiple reports of the Surgeon General on
the mental health of children and older adults--
(A) there is an urgent need for a well-trained
mental and behavioral health workforce to treat the
increase in depression and suicide;
(B) 2 out of every 100 children and adolescents
have major depression, and 20 percent of older adults
suffer from depression;
(C) depression is a condition commonly associated
with suicide and older adults are disproportionately
likely to die by suicide; and
(D) in general, suicide rates for adults and
children are higher in rural communities than in urban
communities;
(8) in 2007, the President's Commission on Care For
America's Returning Wounded Warriors (the ``Dole-Shalala
Commission'')--
(A) recommended that the Department of Defense
aggressively address the acute shortage of mental
health clinicians in the Armed Forces;
(B) recognized that the health care system in the
United States is certain to experience increased strain
for years to come as active duty servicemembers re-
enter civilian society in local communities and turn to
mental health care professionals skilled in treating
such combat stress disorders and their effects on
families, which is especially significant due to the
expected long-term demand that may arise from chronic
or delayed-onset symptoms of post-traumatic stress
disorder;
(C) reported that the Armed Forces's new efforts to
prevent mental health problems and identify symptoms
more quickly have severely stretched the already thin
mental health program staff; and
(D) reported that hospitals located in
geographically isolated or less desirable areas report
great difficulty recruiting civilian staff; and
(9) the determinants of human health include a complex
array of biological, environmental, and social factors, an
individual's behavior and coping resources, and an individual's
access to health care; although biologic interventions,
including medications and immunizations, often are considered
the hallmark of medical practice, the role of behavior and
psychosocial components has received increasing attention, and,
because approximately half of mortality in the United States is
linked to behavior, behavioral science and practice are
fundamental to addressing societal needs.
SEC. 3. PROMOTING EDUCATION AND TRAINING OF PSYCHOLOGISTS TO PROVIDE
MENTAL AND BEHAVIORAL HEALTH SERVICES TO UNDERSERVED
POPULATIONS.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Mental and Behavioral Health Care Workforce
``SEC. 775. PROGRAM FOR GRADUATE EDUCATION AND TRAINING IN PSYCHOLOGY.
``(a) In General.--The Secretary may award grants, cooperative
agreements, and contracts to accredited doctoral, internship, and
residency programs in psychology for the development and implementation
of programs to provide interdisciplinary training in integrated health
care settings to students in doctoral psychology programs, including
interns and residents in such programs. Any training funded by such
grants, cooperative agreements, or contracts shall focus on the needs
of underserved populations.
``(b) Eligibility.--To be eligible to receive an award under this
section an entity shall--
``(1) provide training at or through an accredited doctoral
program in psychology, including an internship or residency
program; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Evaluation of Programs.--The Secretary shall evaluate any
program implemented through an award under this section in order to
determine the effect of such program on increasing the number of
psychologists who provide mental and behavioral health services to
underserved populations.
``(d) Definitions.--For purposes of this section--
``(1) the term `underserved population' means individuals,
especially older adults, children, chronically ill individuals,
victims of abuse or trauma, and victims of combat- or war-
related stress disorders, including post-traumatic stress
disorder and traumatic brain injury, and their families, living
in an urban or rural area that has a shortage of mental or
behavioral health services; and
``(2) the term `interdisciplinary training' means training
for graduate psychology students with 1 or more of the other
health professions, including medicine, nursing, dentistry, and
pharmacy.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for fiscal year
2010, $12,000,000 for fiscal year 2011, $14,000,000 for fiscal year
2012, $16,000,000 for fiscal year 2013, and $18,000,000 for fiscal year
2014.''. | Graduate Psychology Education Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts to accredited doctoral, internship, and residency programs in psychology for the development and implementation of programs to provide interdisciplinary training in integrated health care settings to students in doctoral psychology programs. Requires such training to focus on the needs of underserved populations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to promote mental and behavioral health services for underserved populations."} | 1,653 | 91 | 0.416742 | 1.174567 | 0.564185 | 6.051948 | 20.38961 | 0.961039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water for the Americas
Partnership Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in United States national interests to foster
public and environmental health among neighboring countries;
(2) neither disease nor pollution respects international
borders;
(3) improving the lives of people abroad is an essential
element in curbing illegal immigration into the United States;
(4) the health and productivity of the world's natural
resources affects all the world's people, including the
American people;
(5) maintaining good relations with nations of Latin
America and the Caribbean region promotes United States
national security interests in many ways; and
(6) the United States environmental technology industry is
a world leader, and offers great potential economic growth here
in the United States, while at the same time fostering improved
environmental protection abroad.
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives.
SEC. 4. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.
(a) In General.--Part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following new
chapter:
``CHAPTER 13--CLEAN WATER FOR THE AMERICAS PARTNERSHIP
``SEC. 500. DEFINITIONS.
``In this chapter:
``(1) Joint project.--The term `joint project' means a
project between a United States association or nonprofit entity
and a Latin American or Caribbean association or nonprofit
entity.
``(2) Latin american or caribbean association.--The term
`Latin American or Caribbean association' means an organization
other than a United States association--
``(A) that would be exempt from taxation under
section 501(a) of the Internal Revenue Code of 1986 (26
U.S.C. 510(a)) as a business league described in
section 501(c)(6) of such Code (26 U.S.C. 501(c)(6)) if
the association were subject to that Code; and
``(B) a majority of the members of which are
nationals of any country in the region.
``(3) Latin american or caribbean nonprofit entity.--The
term `Latin American or Caribbean nonprofit entity' includes
any institution of higher education, any private nonprofit
entity involved in international education activities, or any
research institute or other research organization, based in the
region.
``(4) President.--The term `President' means the President,
acting through the Administrator of the agency primarily
responsible for carrying out this part.
``(5) Region.--The term `region' refers to the region
comprised of the member countries of the Organization of
American States (other than the United States and Canada).
``(6) United states association.--The term `United States
association' means a business league described in section
501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(6)), and exempt from taxation under section 501(a) of
such Code (26 U.S.C. 501(a)).
``(7) United states nonprofit entity.--The term `United
States nonprofit entity' includes any institution of higher
education (as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)), any private nonprofit entity involved in
international education activities, or any research institute or other
research organization, based in the United States.
``SEC. 500A. ESTABLISHMENT OF PROGRAM.
``The President is authorized to establish a program within the
agency primarily responsible for carrying out this part which shall be
known as the `Clean Water for the Americas Partnership'. In carrying
out the program established under this section, the President may
utilize personnel of the Department of State, the Department of
Commerce, and the Environmental Protection Agency as well as personnel
employed by the agency primarily responsible for administering this
part.
``SEC. 500B. ENVIRONMENTAL ASSESSMENT.
``The President is authorized to conduct a comprehensive assessment
of the environmental problems in the region to determine--
``(1) which environmental problems threaten human health
the most, particularly the health of the urban poor, which
environmental problems are most threatening, in the long-term,
to the region's natural resources, and which countries have the
most pressing environmental problems; and
``(2) whether and to what extent there is a market for
United States environmental technology, practices, knowledge,
and innovations in the region.
``SEC. 500C. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
``(a) Authority to Establish.--The President, in consultation with
the Director General of the United States and Foreign Commercial
Service of the Department of Commerce, is authorized to establish
Technology America Centers (TEAMs) in the region to serve the entire
region and, where appropriate, to establish TEAMs in urban areas of the
region to focus on urban environmental problems.
``(b) Functions.--The TEAMs would link United States private sector
environmental technology firms with local partners, both public and
private, by providing logistic and information support to United States
firms seeking to find local partners and opportunities for
environmental projects. TEAMs should emphasize assisting small
businesses.
``(c) Location.--In determining whether to locate a TEAM in a
country, the President, in consultation with the Director General of
the United States and Foreign Commercial Service of the Department of
Commerce, shall take into account the country's need for logistic and
informational support and the opportunities presented for United States
firms in the country. A TEAM may be located in a country without regard
to whether a mission of the United States Agency for International
Development is established in that country.
``SEC. 500D. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND
ENERGY EFFICIENCY.
``Subject to the availability of appropriations, the President is
authorized to provide matching grants to United States associations and
United States nonprofit entities for the purpose of promoting water
quality, water treatment systems, and energy efficiency in the region.
The grants shall be used to support joint projects, including
professional exchanges, academic fellowships, training programs in the
United States or in the region, cooperation in regulatory review,
development of training materials, the establishment and development in
the region of local chapters of the associations or nonprofit entities,
and the development of online exchanges.
``SEC. 500E. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED
SUBREGION.
``(a) Grant Authority.--
``(1) In general.--Subject to the availability of
appropriations, the President is authorized to make grants
through the agency primarily responsible for carrying out this
part for prefeasibility studies for water projects in any
country within a single subregion or in a single country
designated under paragraph (2).
``(2) Designation of subregion.--The President shall
designate in advance a single subregion or a single country for
purposes of paragraph (1).
``(b) Matching Requirement.--The President may not make any grant
under this section unless there are made available non-Federal
contributions in an amount equal to not less than $20 for every $80 of
Federal funds provided under the grant.
``(c) Limitation Per Single Project.--With respect to any single
project, grant funds under this section shall be available only for the
prefeasibility portion of that project.
``(d) Definitions.--In this section:
``(1) Prefeasibility.--The term `prefeasibility' means,
with respect to a project, not more than 25 percent of the
design phase of the project.
``(2) Subregion.--The term `subregion' means an area within
the region and includes areas such as Central America, the
Andean region, and the Southern cone.
``SEC. 500F. CLEAN WATER TECHNICAL ASSISTANCE COMMITTEE.
``(a) In General.--The President is authorized to establish a Clean
Water Technical Assistance Committee (in this section referred to as
the `Committee') to provide technical support and training services for
individual water projects.
``(b) Composition.--The Committee shall consist of international
investors, lenders, water service providers, suppliers, advisers, and
others with a direct interest in accelerating development of water
projects in the region.
``(c) Functions.--Members of the Committee shall act as field
advisers and may form specialized working groups to provide in-country
training and technical assistance, and shall serve as a source of
technical support to resolve barriers to project development.
``(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``SEC. 500G. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
President $10,000,000 for each of the fiscal years 2002, 2003, and 2004
to carry out this chapter.
``(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2001.
SEC. 5. REPORT.
Two years after the date of enactment of this Act, the President
shall submit a report to the appropriate congressional committees
containing--
(1) an assessment of the progress made in carrying out the
program established under chapter 13 of part I of the Foreign
Assistance Act of 1961, as added by section 4 of this Act; and
(2) any recommendations for the enactment of legislation to
make changes in the program established under chapter 13 of
part I of the Foreign Assistance Act of 1961, as added by
section 4 of this Act, for fiscal year 2004.
SEC. 6. TERMINATION DATE.
(a) In General.--Except as provided in subsection (b), chapter 13
of part I of the Foreign Assistance Act of 1961, as added by section 4,
is repealed on the date that is 3 years after the date of establishment
of the program described in section 500A of that Act, as so added.
(b) Exception.--In lieu of the date of repeal specified in
subsection (a), the repeal required by that subsection shall take
effect five years after the date of establishment of the program
described in section 500A of that Act, as so added, if, prior to the
date of repeal specified in subsection (a), the Administrator of the
United States Agency for International Development determines and
certifies to the appropriate congressional committees that it would be
in the national interest of the United States to continue the program
described in such section 500A for an additional 2-year period. | Clean Water for the Americas Partnership Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to establish the Clean Water for the Americas Partnership program.Authorizes the President to conduct a comprehensive assessment of the environmental problems in the region (member countries of the Organization of American States, other than the United States and Canada) to determine: (1) which environmental problems threaten human health the most, which are most threatening to the region's natural resources, and which countries have the most pressing environmental problems; and (2) to what extent there is a market for U.S. environmental technology, practices, knowledge, and innovations in the region.Authorizes the President to establish in the region Technology America Centers (TEAMs), which shall support U.S. private sector environmental technology firms seeking local partners (particularly small businesses) and opportunities for environmental projects.Authorizes the President to: (1) provide matching grants to U.S. associations and nonprofit entities to promote joint water quality, water treatment systems, and energy efficiency projects with Latin American and Caribbean associations and entities in the region; and (2) make grants for prefeasibility studies for water projects in any country within a single subregion or in a designated single country.Establishes a Clean Water Technical Assistance Committee to provide technical support and training services for individual water projects. | {"src": "billsum_train", "title": "A bill to amend the Foreign Assistance Act of 1961 to provide for the establishment of a Clean Water for the Americas Partnership within the United States Agency for International Development."} | 2,527 | 289 | 0.568723 | 1.654409 | 0.713309 | 4.885375 | 8.794466 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oral Health Promotion Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Oral and general health are inseparable, and good
dental care is critical to our overall physical health and
well-being, yet 108 million Americans have no public or private
dental insurance.
(2) Although oral health in America has improved
dramatically over the last 50 years, dental caries (cavities)
are presently the single most common chronic childhood disease,
five times more likely than asthma and seven times more common
than hay fever.
(3) According to the Surgeon General, low-income, minority
children experience significant disparities in oral health
status and access to basic dental care. In a year-long study,
the Surgeon General found that fewer than one in five Medicaid-
covered children received a single dental visit during that
period and that 25 percent of poor and minority children never
visit a dentist before entering kindergarten.
(4) Poor children are more than twice as likely than their
more affluent peers to have dental caries, which cause a
significant amount of pain to children and cause difficulty
eating, playing and learning, as well as many missed days of
school, and which are more likely to go untreated. Surveys have
shown that children miss nearly 52 million hours of school each
year because of dental problems.
(5) Low-income adults face similar problems with pain and
limitations on daily activities and are more likely than those
with higher incomes to lose permanent teeth and have untreated
dental disease. Among adult workers, more than 164 million work
hours are lost annually because of dental problems.
SEC. 3. REQUIREMENT FOR DENTAL BENEFITS UNDER SCHIP.
(a) In General.--Section 2103(c)(2) of the Social Security Act (42
U.S.C. 1397cc(c)(2)) is amended by adding at the end the following new
subparagraph:
``(E) Dental services.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2003.
SEC. 4. AUTHORITY TO PROVIDE DENTAL COVERAGE UNDER SCHIP AS A
SUPPLEMENT TO OTHER HEALTH COVERAGE.
(a) Authority To Provide Coverage.--
(1) SCHIP.--
(A) In general.--Section 2105(a)(1)(C) of the
Social Security Act (42 U.S.C. 1397ee(a)(1)(C)) is
amended--
(i) by inserting ``(i)'' after ``(C)''; and
(ii) by adding at the end the following:
``(ii) notwithstanding clause (i), in the case of a
State that satisfies the conditions described in
subsection (c)(8) and at the option of a State, for
child health assistance that consists only of coverage
of dental services for a child who would be considered
a targeted low-income child if--
``(I) that portion of subparagraph (C) of
section 2110(b)(1) relating to coverage of the
child under a group health plan or under health
insurance coverage did not apply, and such
child has such coverage that does not include
coverage of dental services; or
``(II) such child meets the requirements
(other than income-related requirements) to be
a targeted low-income child; and''.
(B) Conditions described.--Section 2105(c) of such
Act (42 U.S.C. 1397ee(c)) is amended by adding at the
end the following:
``(8) Conditions for provision of dental services only
coverage.--For purposes of subsection (a)(1)(C)(ii), the
conditions described in this paragraph are the following:
``(A) Income eligibility.--The State child health
plan (whether implemented under title XIX or this
title)--
``(i) has the highest income eligibility
standard permitted under this title as of
January 1, 2002;
``(ii) subject to subparagraph (B), does
not limit the acceptance of applications for
children; and
``(iii) provides benefits to all children
in the State who apply for and meet eligibility
standards.
``(B) No waiting list imposed.--With respect to
children whose family income is at or below 200 percent
of the poverty line, the State does not impose any
numerical limitation, waiting list, or similar
limitation on the eligibility of such children for
child health assistance under such State plan.''.
(C) Authorization of appropriations.--In addition
to any funds otherwise authorized to be appropriated,
there are authorized to be appropriated such additional
funds as may be necessary to carry out the amendments
made by subparagraphs (A) and (B).
(D) State option to waive waiting period.--Section
2102(b)(1)(B) of such Act (42 U.S.C. 1397bb(b)(1)(B))
is amended--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) at State option, may choose not to
apply a waiting period in the case of a child
described in section 2105(a)(1)(C)(ii), if the
State satisfies the requirements of section
2105(c)(8) and provides such child with child
health assistance that consists only of
coverage of dental services.''.
(E) Optional application to adults covered under
waivers.--The amendments made by this paragraph shall
also apply under title XXI of the Social Security Act
at a State's option to adults receiving assistance
under such title in a manner comparable to the manner in which such
amendments apply to child health assistance furnished to a child
covered under such title.
(2) Application of enhanced match under medicaid.--Section
1905 of the Social Security Act (42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the fourth sentence, by
striking ``or subsection (u)(3)'' and inserting
``(u)(3), or (u)(4)''; and
(B) in subsection (u)--
(i) by redesignating paragraph (4) as
paragraph (5); and
(ii) by inserting after paragraph (3) the
following new paragraph:
``(4) For purposes of subsection (b), the expenditures described in
this paragraph are expenditures for dental services for children
described in section 2105(a)(1)(C)(ii), but only in the case of a State
that satisfies the requirements of section 2105(c)(8).''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act, and apply to child
health assistance and medical assistance provided on or after that
date.
SEC. 5. ENHANCED MATCHING RATE UNDER MEDICAID FOR COVERAGE OF FULL
ADULT DENTAL BENEFITS.
(a) In General.--Section 1905(a)(4) of the Social Security Act (42
U.S.C. 1396d(a)(4)) is amended--
(1) by inserting ``(A)'' after ``with respect to''; and
(2) by inserting before the period at the end the
following: ``and (B) with respect to medical assistance
provided for dental benefits for adults but only if such
benefits cover the full range of dental benefits (including
orthodontia and dentures)''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance for items and services furnished on or
after the date of the enactment of this Act, regardless of whether the
State medicaid plan provided for full adult dental benefits before such
date.
SEC. 6. ESTABLISHMENT OF FUND FOR ORAL HEALTH SERVICES THROUGH
COMMUNITY-BASED HEALTH CENTERS.
(a) In General.--There is established in the Treasury of the United
States a fund to be known as Community Oral Health Expansion Fund
(referred to in this section as the ``Fund''). The Fund shall consist
of such amounts as may be appropriated under subsection (b) to the
Fund. Amounts appropriated for the Fund shall remain available until
expended.
(b) Authorization of Appropriations to Fund.--For each fiscal year
beginning with fiscal year 2003, there is authorized to be appropriated
to the Fund $140,000,000.
(c) Use of Fund.--
(1) In general.--Amounts in the Fund and available pursuant
to appropriations Act shall be used by the Secretary of Health
and Human Services to make grants to the States for the purpose
of establishing or expanding the availability of oral health
services through Federally-qualified health centers (as defined
in section 1905(l)(2)(B) of the Social Security Act) or through
other nonprofit private or public community-based providers of
health services.
(2) Certain uses.--The purposes for which a grant under
paragraph (1) may be expended include, with respect to oral
health services--
(A) recruiting and compensating staff;
(B) purchasing equipment; and
(C) constructing, modernizing, or renovating
facilities.
(3) Use for demonstration projects.--In conjunction with
any of the uses specified under paragraph (2), grants under
paragraph (1) also may be used by health centers and other
community-based providers described in paragraph (1) for
demonstration projects and demonstration partnerships with Head
Start programs for identifying children at risk of dental
disease and providing early intervention and prevention of such
disease.
(d) Requirement of Matching Funds.--
(1) In general.--With respect to the costs of the program
to be carried out under subsection (c) by a State, a grant
under such subsection may be made only if the State agrees to
make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 10 percent of such costs ($1
for each $9 of Federal funds provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(e) Priority for States Covering Medicaid Level of Dental Benefits
Under SCHIP and Preference for States With Market-Based Payment Rates
for Dental Services Under Medicaid and SCHIP.--In awarding grants to
States under this section, the Secretary of Health and Human Services
shall--
(1) give priority to those States that provide, under its
State child health insurance plan under title XXI of the Social
Security Act, for the coverage of dental benefits in an amount,
duration, and scope equivalent to that provided under its State
medicaid plan under title XIX of such Act; and
(2) give preference to States that provide for
reimbursement under its State medicaid plan and its State child
health insurance plan under titles XIX and XXI of such Act for
dental services at levels consistent with market-based rates.
(f) State Defined.--For purposes of this section, the term
``State'' has the meaning given such term for purposes of title XIX of
the Social Security Act. | Oral Health Promotion Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to add dental services to coverage provided.Allows States the option of using Federal SCHIP funds to cover dental expenses for a child who is eligible for Medicaid under targeted low-income child Medicaid guidelines when the child has medical coverage that does not include dental services.Allows States the option of covering dental services of adults receiving assistance under SCHIP.Alters the Medicaid matching rate for adult full coverage dental benefits.Establishes in the Treasury the Community Oral Health Expansion Fund to expand the availability of oral health services through community-based centers. Authorizes the use of funds for demonstration projects and demonstration partnerships with Head Start programs for identifying children at risk of dental disease and providing prevention measures.Requires States to contribute, directly or indirectly, up to ten percent of demonstration project costs.Requires the Secretary of Health and Human Services to give grant: (1) priority to States covering a Medicaid level of dental benefits under SCHIP; and (2) preference to States with market-based payment rates for dental services under both Medicaid and SCHIP. | {"src": "billsum_train", "title": "To amend titles XIX and XXI of the Social Security Act to provide for expanded dental coverage under Medicaid and State children's health insurance programs and to provide for funding for expanded community oral health services."} | 2,619 | 266 | 0.520019 | 1.552446 | 0.831887 | 3.03139 | 10.300448 | 0.896861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(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.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) 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.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product. | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. | {"src": "billsum_train", "title": "Firearms Heritage Protection Act of 1999"} | 1,448 | 145 | 0.503033 | 1.425068 | 0.59207 | 3.294118 | 10.983193 | 0.840336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``JTTF Enhancement Act of 2001''.
SEC. 2. JOINT TERRORISM TASK FORCES.
(a) JTTFs Required.--The Director of the Federal Bureau of
Investigation shall carry out a program under which the Director
maintains, in such regions and localities of the United States as the
Director considers appropriate, task forces of law enforcement agents
to combat international terrorism (known as joint terrorism task
forces).
(b) Composition.--Each task force under the program required by
subsection (a) shall be comprised of at least one law enforcement agent
of the Federal Bureau of Investigation. Each such task force shall also
include such other law enforcement agents as the Director considers
appropriate, selected by the Director from among those Federal, State,
and local law enforcement agents that are made available to the
Director for such purposes.
(c) Training.--The Director shall make available to the law
enforcement agents participating in such program such training as the
Director considers appropriate to ensure that such agents are fully and
properly prepared to combat international terrorism.
(d) Funding of State and Local Agents.--For each State and local
law enforcement agent participating in such program, the Director shall
reimburse the agent's jurisdiction for the agent's salary during the
period the agent was so participating.
(e) Sense of Congress on Number of Task Forces.--It is the sense of
Congress that the Director, in carrying out such program, should expand
such program as rapidly as feasible to include at least one task force
for each field division of the Bureau.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3. INCREASED PARTICIPATION OF INS AGENTS ON JOINT TERRORISM TASK
FORCES.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall increase the number of law
enforcement agents of the Immigration and Naturalization Service
available for participation in the joint terrorism task force program
carried out under section 2.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4. DETAIL PROGRAM FOR STATE AND LOCAL LAW ENFORCEMENT PERSONNEL TO
THE CENTRAL INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following new section:
``detail of employees with state and local law enforcement agencies
``Sec. 23. (a) Detail.--Notwithstanding any other provision of
law--
``(1) upon request of the head of State or local law
enforcement agency, the Director of Central Intelligence may
detail any employee within Central Intelligence Agency to that
State or local law enforcement agency on a nonreimbursable
basis; and
``(2) subject to the approval of the Director of Central
Intelligence, the head of a State or local law enforcement
agency may detail any employee of that State or local law
enforcement agency to the Central Intelligence Agency on a
reimbursable basis.
``(b) Period of Detail.--Details shall be for such periods as are
agreed to between the Director and the head of the State or local
agency.
``(c) Benefits, Allowances, Travel, Incentives.--An employee
detailed under subsection (a) may be authorized any benefit, allowance,
travel, or incentive otherwise provided to enhance staffing by the
organization from which the employee is detailed.
``(d) Appropriations.--(1) There are authorized to be appropriated
such sums as may be necessary to carry out this section.
``(2) Details under subsection (a) are subject to the availability
of appropriations for such purpose.''.
SEC. 5. DETAIL PROGRAM FOR STATE AND LOCAL LAW ENFORCEMENT PERSONNEL TO
THE DEPARTMENT OF JUSTICE AND ITS ELEMENTS.
(a) Detail.--Notwithstanding any other provision of law--
(1) upon request of the head of State or local law
enforcement agency, the Attorney General may detail any
employee within the Department of Justice, or any element of
the Department, to that State or local law enforcement agency
on a nonreimbursable basis; and
(2) subject to the approval of the Attorney General, the
head of a State or local law enforcement agency may detail any
employee of that State or local law enforcement agency to the
Department of Justice, or any element of the Department, on a
reimbursable basis.
(b) Period of Detail.--Details shall be for such periods as are
agreed to between the Attorney General and the head of the State or
local agency.
(c) Benefits, Allowances, Travel, Incentives.--An employee detailed
under subsection (a) may be authorized any benefit, allowance, travel,
or incentive otherwise provided to enhance staffing by the organization
from which the employee is detailed.
(d) Appropriations.--(1) There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Details under subsection (a) are subject to the availability of
appropriations for such purpose.
SEC. 6. EXPANSION OF LAW ENFORCEMENT SUPPORT CENTER.
(a) Expansion of Center.--From amounts made available to carry out
this section, the Attorney General shall expand the Law Enforcement
Support Center to ensure that all Federal, State, and local law
enforcement agencies are able to access the Center.
(b) Appropriations.--There are authorized to be appropriated such
sums as may be necessary to carry out this section. | JTTF Enhancement Act of 2001 - Requires the Director of the Federal Bureau of Investigation (FBI) to carry out a program under which the Director maintains in appropriate U.S. regions and localities task forces of law enforcement agents to combat international terrorism. Directs that each task force be comprised of at least one FBI agent and selected Federal, State, and local law enforcement agents.Requires the Director to: (1) make available appropriate training to each participating agent; and (2) reimburse the salary for each participating State and local agent.Expresses the sense of Congress that the Director should expand the program as rapidly as feasible to include at least one task force for each FBI field division.Directs the Attorney General to increase the number of Immigration and Naturalization Service agents available for the program.Amends the Central Intelligence Agency Act of 1949 to authorize a program of detailing Central Intelligence Agency employees with State and local law enforcement agencies.Authorizes a detail program for State and local enforcement personnel to the Department of Justice.Directs the Attorney General to expand the Law Enforcement Support Center to ensure access for all Federal, State, and local law enforcement agencies. | {"src": "billsum_train", "title": "To promote the sharing of personnel between Federal law enforcement agencies and other public law enforcement agencies, and for other purposes."} | 1,305 | 252 | 0.714018 | 2.061105 | 0.791727 | 3.931193 | 5.12844 | 0.931193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Listbroker Privacy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Commercial list brokers routinely advertise and sell
detailed information on children, including names, addresses,
ages, and other data, for use in marketing. This data is
commonly available on children as young as two years old,
enabling marketers to target specific demographics such as
junior high school, elementary school, or even preschool.
(2) Commercially available marketing databases can be very
large, covering millions of children.
(3) Commercially available marketing databases can include
a variety of information on the children they cover, from
ethnicity to family income to hobbies and interests.
(4) Money spent on marketing to children has been estimated
at $12 billion per year.
(5) Several Federal statutes, including section 1061 of the
No Child Left Behind Act, the Children's Online Privacy
Protection Act, and the Family and Educational Rights and
Privacy Act, restrict the collection and disclosure of
information about children or students under specified
circumstances. When data on children is collected in a manner
that is outside the scope of those statutes, however, Federal
law does not significantly restrict the commercial sale or
resale of such data.
(6) The ability to sell information about children to
marketers for a profit creates an economic incentive to find
new and creative ways to collect and compile such information,
and possibly to circumvent or subvert the intent of those
federal statutes that do govern the collection of information
about children or students. There are a variety of means and
sources that marketers and list brokers can and do use to
compile names, addresses, and other data about children.
SEC. 3. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL
INFORMATION.
(a) In General.--It is unlawful--
(1) to sell personal information about an individual the
seller knows to be a child;
(2) to purchase personal information about an individual
identified by the seller as a child, for the purpose of
marketing to that child; or
(3) for a person who has provided a certification pursuant
to subsection (b)(2), in connection with the purchase of
personal information about an individual identified by the
seller as a child, to engage in any practice that violates the
terms of the certification.
(b) Exceptions.--
(1) Parental consent.--Subsection (a) shall not apply to
any sale, purchase, or use of personal information about a
child if the parent of the child has granted express consent to
that sale, purchase, or use of the information.
(2) Certification.--Subsection (a)(1) shall not apply to
the sale of personal information about a child if the purchaser
certifies to the seller, electronically or in writing, before
the sale is completed--
(A) the purpose for which the information will be
used by the purchaser; and
(B) that the purchaser will neither--
(i) use the information for marketing that
child; nor
(ii) permit the information to be used by
others for the purpose of marketing to that
child.
SEC. 4. ADMINISTRATION AND ENFORCEMENT.
(a) In General.--Except as provided in subsection (b), this Act
shall be enforced by the Federal Trade Commission as if the violation
of section 3 of this Act were an unfair or deceptive act or practice
proscribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(b) Enforcement by Certain Other Agencies.--Compliance with this
Act shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act (12 U.S.C.
601 and 611), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (b) of its powers under any Act
referred to in that subsection, a violation of section 3 of this Act is
deemed to be a violation of a requirement imposed under that Act. In
addition to its powers under any provision of law specifically referred
to in subsection (b), each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with
any requirement imposed under section 3 of this Act, any other
authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating section 3 of this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any entity that violates any provision of that
section is subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the same
manner, by the same means, and with the same jurisdiction, power, and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of that
section.
(e) Preservation of Commission Authority.--Nothing contained in
this section shall be construed to limit the authority of the
Commission under any other provision of law.
SEC. 5. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that section 3 of this Act, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in a district court of the United States of
appropriate jurisdiction--
(A) to enjoin that practice;
(B) to enforce compliance with the rule;
(C) to obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) to obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the
filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this subtitle shall be construed to prevent
an attorney general of a State from exercising the powers conferred on
the attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of section 2
of this Act, no State may, during the pendency of that action,
institute an action under subsection (a) against any defendant named in
the complaint in that action for violation of that section.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 6. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual under
the age of 16.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Express consent.--
(A) In general.--The term ``express consent'' means
an affirmative indication of permission in writing or
electronic form. The term ``express consent'' does not
include consent inferred from a failure to indicate
affirmatively that consent is denied or withheld.
(B) Prerequisites.--Express consent is not valid
unless--
(i) before granting the consent the
individual granting the consent was informed of
the purpose for which the information would be
sold, purchased, or used; and
(ii) consent was not granted as a condition
for making a product, service, or warranty
available to the individual or the child to
which the information pertains.
(4) Marketing.--The term ``marketing'' means making a
communication to encourage the purchase or use of a commercial
product or service. For purposes of this paragraph, a product
or service shall be considered to be commercial if some or all
of the proceeds from the sale inure to the benefit of an
enterprise conducted for profit.
(5) Parent.--The term ``parent'' includes a legal guardian.
(6) Personal information.--The term ``personal
information'' means identifiable information about an
individual, including--
(A) a name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address or online username;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that permits a specific
individual to be identified.
(7) Purchase; sell; sale.--In section 3, the terms
``purchase'', ``sell'', and ``sale'' include the purchase and
sale of the right to use personal information, without regard
to whether--
(A) the right is limited or unlimited;
(B) the transaction is characterized as a purchase,
sale, lease, or otherwise; and
(C) the consideration for the transaction is
monetary, goods, or services.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment. | Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use.
Requires enforcement of this Act by the Federal Trade Commission (FTC) as if violations were unfair or deceptive acts or practices under the Federal Trade Commission Act. Requires enforcement of compliance by other Federal agencies under other specified laws.
Authorizes enforcement actions by States acting on behalf of their residents. Gives the FTC the right to intervene in such actions. Precludes State actions during the pendency of FTC actions. | {"src": "billsum_train", "title": "To regulate interstate commerce by prohibiting the sale of children's personally identifiable information for commercial marketing purposes."} | 2,810 | 208 | 0.534536 | 1.65867 | 0.895704 | 4.065217 | 14.456522 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schuylkill River Valley National
Heritage Area Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Schuylkill River Valley made a unique contribution
to the cultural, political, and industrial development of the
United States;
(2) the Schuylkill River is distinctive as the first spine
of modern industrial development in Pennsylvania and 1 of the
first in the United States;
(3) the Schuylkill River Valley played a significant role
in the struggle for nationhood;
(4) the Schuylkill River Valley developed a prosperous and
productive agricultural economy that survives today;
(5) the Schuylkill River Valley developed a charcoal iron
industry that made Pennsylvania the center of the iron industry
within the North American colonies;
(6) the Schuylkill River Valley developed into a
significant anthracite mining region that continues to thrive
today;
(7) the Schuylkill River Valley developed early
transportation systems, including the Schuylkill Canal and the
Reading Railroad;
(8) the Schuylkill River Valley developed a significant
industrial base, including textile mills and iron works;
(9) there is a longstanding commitment to--
(A) repairing the environmental damage to the river
and its surroundings caused by the largely unregulated
industrial activity; and
(B) completing the Schuylkill River Trail along the
128-mile corridor of the Schuylkill Valley;
(10) there is a need to provide assistance for the
preservation and promotion of the significance of the
Schuylkill River as a system for transportation, agriculture,
industry, commerce, and immigration; and
(11)(A) the Department of the Interior is responsible for
protecting the Nation's cultural and historical resources; and
(B) there are sufficient significant examples of such
resources within the Schuylkill River Valley to merit the
involvement of the Federal Government in the development of
programs and projects, in cooperation with the Schuylkill River
Greenway Association, the State of Pennsylvania, and other
local and governmental bodies, to adequately conserve, protect,
and interpret this heritage for future generations, while
providing opportunities for education and revitalization.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the Schuylkill River Valley of southeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Schuylkill River Valley
of southeastern Pennsylvania.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperative agreement.--The term ``cooperative
agreement'' means the cooperative agreement entered into under
section 4(d).
(2) Heritage area.--The term ``Heritage Area'' means the
Schuylkill River Valley National Heritage Area established by
section 4.
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area appointed
under section 4(c).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 4. ESTABLISHMENT.
(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain land and structures with unique and significant
historical and cultural value associated with the early development of
the Schuylkill River Valley, there is established the Schuylkill River
Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of the
Schuylkill River watershed within the counties of Schuylkill, Berks,
Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by
the Secretary.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Schuylkill River Greenway Association.
(d) Cooperative Agreement.--
(1) In general.--To carry out this title, the Secretary
shall enter into a cooperative agreement with the management
entity.
(2) Contents.--The cooperative agreement shall include
information relating to the objectives and management of the
Heritage Area, including--
(A) a description of the goals and objectives of
the Heritage Area, including a description of the
approach to conservation and interpretation of the
Heritage Area;
(B) an identification and description of the
management entity that will administer the Heritage
Area; and
(C) a description of the role of the State.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(b) Requirements.--The management plan shall--
(1) take into consideration State, county, and local plans;
(2) involve residents, public agencies, and private
organizations working in the Heritage Area;
(3) specify, as of the date of the plan, existing and
potential sources of funding to protect, manage, and develop
the Heritage Area; and
(4) include--
(A) actions to be undertaken by units of government
and private organizations to protect the resources of
the Heritage Area;
(B) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
natural, cultural, historical, recreational, or scenic
significance;
(C) a recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, recreational, and natural resources of the
Heritage Area in a manner consistent with supporting
appropriate and compatible economic viability;
(D) a program for implementation of the management
plan by the management entity;
(E) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(F) an interpretation plan for the Heritage Area.
(c) Disqualification From Funding.--If a management plan is not
submitted to the Secretary on or before the date that is 3 years after
the date of enactment of this Act, the Heritage Area shall be
ineligible to receive Federal funding under this Act until the date on
which the Secretary receives the management plan.
(d) Update of Plan.--In lieu of developing an original management
plan, the management entity may update and submit to the Secretary the
Schuylkill Heritage Corridor Management Action Plan that was approved
by the State in March, 1995, to meet the requirements of this section.
SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--For purposes of
preparing and implementing the management plan, the management entity
may--
(1) make loans and grants to, and enter into cooperative
agreements with, the State and political subdivisions of the
State, private organizations, or any person; and
(2) hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit the management plan under section 5;
(2) give priority to implementing actions set forth in the
cooperative agreement and the management plan, including taking
steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) preserving the Heritage Area;
(ii) establishing and maintaining
interpretive exhibits in the Heritage Area;
(iii) developing recreational resources in
the Heritage Area;
(iv) increasing public awareness of and,
appreciation for, the natural, historical, and
architectural resources and sites in the
Heritage Area;
(v) restoring historic buildings relating
to the themes of the Heritage Area; and
(vi) ensuring that clear, consistent, and
environmentally appropriate signs identifying
access points and sites of interest are
installed throughout the Heritage Area;
(B) encourage economic viability in the Heritage
Area consistent with the goals of the management plan;
and
(C) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the management plan;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the approval of the
Secretary; and
(6) for any fiscal year in which Federal funds are received
under this Act--
(A) submit to the Secretary a report describing--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which the management
entity made any loan or grant during the fiscal
year;
(B) make available for audit all records pertaining
to the expenditure of Federal funds and any matching
funds, and require, for all agreements authorizing
expenditure of Federal funds by organizations other
than the management entity, that the receiving
organizations make available for audit all records
pertaining to the expenditure of such funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by organizations other
than the management entity, that the receiving
organizations make available for audit all records
pertaining to the expenditure of Federal funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds received under this Act to acquire real property
or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds from other sources
for their permitted purposes.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--At the request of the management entity,
the Secretary may provide technical and financial assistance to
the Heritage Area to develop and implement the management plan.
(2) Priorities.--In assisting the management entity, the
Secretary shall give priority to actions that assist in--
(A) conserving the significant natural, historical,
and cultural resources that support the themes of the
Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage Area.
(3) Expenditures for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this Act, especially
assisting units of government in appropriate treatment of
districts, sites, buildings, structures, and objects listed or
eligible for listing on the National Register of Historic
Places.
(b) Approval and Disapproval of Cooperative Agreements and
Management Plans.--
(1) In general.--Not later than 90 days after receiving a
cooperative agreement or management plan submitted under this
Act, the Secretary, in consultation with the Governor of the
State, shall approve or disapprove the cooperative agreement or
management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
cooperative agreement or management plan, the Secretary
shall--
(i) advise the management entity in writing
of the reasons for the disapproval; and
(ii) make recommendations for revisions in
the cooperative agreement or plan.
(B) Time period for disapproval.--Not later than 90
days after the date on which a revision described under
subparagraph (A)(ii) is submitted, the Secretary shall
approve or disapprove the proposed revision.
(c) Approval of Amendments.--
(1) In general.--The Secretary shall review substantial
amendments to the management plan.
(2) Funding expenditure limitation.--Funds appropriated
under this Act may not be expended to implement any substantial
amendment until the Secretary approves the amendment.
SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.
(a) In General.--The management entities of heritage areas (other
than the Heritage Area) in the anthracite coal region in the State
shall cooperate in the management of the Heritage Area.
(b) Funding.--Management entities described in subsection (a) may
use funds appropriated for management of the Heritage Area to carry out
this section.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after the date that is 15 years after the date of
enactment of this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act not more than $10,000,000, of which not more than
$1,000,000 is authorized to be appropriated for any 1 fiscal year.
(b) Federal Share.--Federal funding provided under this Act may not
exceed 50 percent of the total cost of any project or activity funded
under this Act. | Makes the Schuylkill River Greenway Association the management entity for the area. Requires the management entity to submit a management plan to the Secretary of the Interior for approval that presents recommendations for the conservation, funding, management, and development of the area.. Authorizes the management entity to update and submit the Schuylkill Heritage Corridor Management Action Plan approved by the State in March 1995 in lieu of developing an original management plan.
Describes duties of the management entity.
Prohibits the use of Federal funds received under this Act for the acquisition of real property.
Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the area to develop and implement the management plan. Requires the Secretary, in assisting the management entity, to give priority to actions that assist in: (1) conserving the natural, historical, and cultural resources that support the area's themes; and (2) providing educational, interpretive, and recreational opportunities consistent with the area's resources and values.
Authorizes the Secretary to spend Federal funds directly on non-federally owned property to further this Act's purposes.
Sets forth procedures for approval of the management plan.
Bars assistance under this Act 15 years after the enactment date.
Authorizes appropriations. Limits Federal funding under this Act to 50 percent of the total cost of any project. | {"src": "billsum_train", "title": "Schuylkill River Valley National Heritage Area Act"} | 2,898 | 296 | 0.541864 | 1.787052 | 0.691042 | 4.019231 | 10.476923 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mechanical Insulation Installation
Incentive Act of 2009''.
SEC. 2. EXPENSING OF MECHANICAL INSULATION PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to itemized deductions
for individuals and corporations) is amended by inserting after section
179E the following new section:
``SEC. 179F. MECHANICAL INSULATION PROPERTY.
``(a) Treatment as Expenses.--There shall be allowed as a deduction
an amount equal to the applicable percentage of the cost of mechanical
insulation property placed in service during the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a)--
``(1) In general.--The term `applicable percentage' means
the lesser of--
``(A) 30 percent, and
``(B) the excess (if any) of--
``(i) the energy savings (expressed as a
percentage) obtained by placing such mechanical
insulation property in service in connection
with a mechanical system, over
``(ii) the energy savings (expressed as a
percentage) such property is required to meet
by Standard 90.1-2007, developed and published
by the American Society of Heating,
Refrigerating and Air-Conditioning Engineers.
``(2) Special rule relating to maintenance.--In the case of
mechanical insulation property placed in service as a
replacement for insulation property--
``(A) paragraph (1)(B) shall be applied without
regard to clause (ii) thereof, and
``(B) the cost of such property shall be treated as
an expense for which a deduction is allowed under
section 162 instead of being treated as depreciable for
purposes of the deduction provided by section 167.
``(c) Definitions.--For purposes of this section--
``(1) Mechanical insulation property.--The term `mechanical
insulation property' means insulation materials, facings, and
accessory products--
``(A) placed in service in connection with a
mechanical system which--
``(i) is located in the United States, and
``(ii) is of a character subject to an
allowance for depreciation, and
``(B) utilized for thermal, acoustical, and
personnel safety requirements for mechanical piping and
equipment, hot and cold applications, and heating,
venting and air conditioning applications which can be
used in a variety of facilities.
``(2) Cost.--The cost of mechanical insulation property
includes--
``(A) the amounts paid or incurred for the
installation of such property,
``(B) in the case of removal and disposal of the
old mechanical insulation property, 10 percent of the
cost of the new mechanical insulation property
(determined without regard to this subparagraph), and
``(C) expenditures for labor costs properly
allocable to the preparation, assembly, and
installation of mechanical insulation property.
``(d) Coordination.--
``(1) Section 179d.--Subsection (a) shall not apply to the
cost of mechanical insulation property which is taken into
account under section 179D or which, but for subsection (b) of
section 179D, would be taken into account under such section.
``(2) Other deductions and credits.--
``(A) In general.--The amount of any other
deduction or credit allowable under this chapter for
any cost of mechanical insulation property which is
taken into account under subsection (a) shall be
reduced by the amount of such cost so taken into
account.
``(B) Exception for certain costs.--Subparagraph
(A) shall not apply to any amount properly attributable
to maintenance.
``(e) Allocation of Deduction for Tax-Exempt Property.--In the case
of mechanical insulation property installed on or in property owned by
an entity described in paragraph (3) or (4) of section 50(b), the
person who is the primary contractor for the installation of such
property shall be treated as the taxpayer that placed such property in
service.
``(f) Certification.--For purposes of this section, energy savings
shall be certified under regulations or other guidance provided by the
Secretary, in consultation with the Secretary of Energy.''.
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of such
Code (relating to capital expenditures) is amended by striking ``or''
at the end of subparagraph (K), by striking the period at the end of
paragraph (L) and inserting ``, or'', and by adding at the end the
following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179E'' each place it appears in the text or
heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Mechanical insulation property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of enactment of this
Act. | Mechanical Insulation Installation Incentive Act of 2009 - Amends the Internal Revenue Code to allow a tax deduction for a specified percentage of the cost, including labor costs, of installing and maintaining mechanical insulation property. Defines "mechanical insulation property" as insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property."} | 1,284 | 124 | 0.59219 | 1.633001 | 0.654903 | 4.902913 | 10.990291 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Centennial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) President Theodore Roosevelt began the National
Wildlife Refuge System by establishing the first refuge at
Pelican Island, Florida, on March 14, 1903.
(2) The National Wildlife Refuge System is comprised of
more than 93,000,000 acres of Federal lands managed by the
United States Fish and Wildlife Service in more than 520
individual refuges and thousands of waterfowl production areas
located in all 50 States and the territories of the United
States.
(3) The System is the only network of Federal lands
dedicated singularly to wildlife conservation and where
wildlife dependent recreation and environmental education are
priority public uses.
(4) The System serves a vital role in the conservation of
millions of migratory birds, endangered species and threatened
species, fish, marine mammals, and the habitats on which these
species depend.
(5) Each year the System provides millions of Americans
with opportunities to participate in wildlife-dependent
recreation, including hunting, fishing, and wildlife
observation.
(6) Public visitation to National Wildlife Refuges is
growing, with more than 35,000,000 visitors annually. It is
essential that visitor centers and public use facilities be
properly constructed, operated, and maintained.
(7) The National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998 (Public Law 105-
242) significantly enhances the ability to incorporate
volunteers and partnerships in refuge management.
(8) The System currently has an unacceptable backlog in
critical operations and maintenance needs.
(9) The centennial anniversary of the System in 2003 offers
an historic opportunity to appreciate these natural resources
and expand public enjoyment of these lands.
(b) Purposes.--The purposes of this Act are the following:
(1) To establish a commission to promote awareness of the
National Wildlife Refuge System among the American public as
the System celebrates its centennial anniversary in 2003.
(2) To develop a long-term plan to meet the priority
operations, maintenance, and construction needs of the System.
(3) To require each fiscal year an annual report prepared
in the context of--
(A) the budget submission of the Department of the
Interior to the President; and
(B) the President's budget request to the Congress.
(4) To improve public use programs and facilities of the
System to meet the increasing needs of the public for wildlife-
dependent recreation in the 21st century.
SEC. 3. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.
(a) Establishment.--There is hereby established the National
Wildlife Refuge System Centennial Commission (in this Act referred to
as the ``Commission'').
(b) Members.--
(1) In general.--The Commission shall be composed of the
following members:
(A) The Director of the United States Fish and
Wildlife Service.
(B) Up to 10 persons recommended by the Secretary
of the Interior and appointed by the President.
(C) The chairman and ranking minority member of the
Committee on Resources of the House of Representatives
and of the Committee on Environment and Public Works of
the Senate, the congressional representatives of the
Migratory Bird Conservation Commission, and the
Secretary of the Interior, who shall be ex-officio
members.
(2) Appointments.--Members of the Commission shall be
appointed no later than 90 days after the effective date of
this Act. Persons appointed by the President as members of the
Commission may not otherwise be officers or employees of the
Federal Government and shall, in the judgment of the President,
represent the diverse beneficiaries of the System and have
outstanding knowledge or appreciation of wildlife, natural
resource management, or wildlife-dependent recreation. In
making such appointments, the President shall make every effort
to ensure that the views of the hunting, fishing, and wildlife
observation communities are represented on the Commission.
(3) Vacancies.--Any vacancy in the Commission--
(A) shall not affect its power or functions; and
(B) shall be expeditiously filled in the same
manner as the original appointment.
(c) Chairperson.--The President shall appoint one of the members as
the Chairperson of the Commission.
(d) Basic Pay.--The members of the Commission shall receive no
compensation for their service on the Commission.
(e) Travel Expenses.--
(1) Legislative branch members.--Members of the Commission
from the legislative branch of the Government shall be allowed
necessary travel expenses otherwise authorized by law for
official travel.
(2) Executive branch members.--Members of the Commission
from the executive branch of the Government shall be allowed
necessary travel expenses in accordance with section 5702 of
title 5, United States Code.
(3) Other members and staff.--Members of the Commission
appointed by the President and staff of the Commission may be
allowed necessary travel or transportation expenses as
authorized by section 5702 of title 5, United States Code.
(f) Functions.--The Commission shall--
(1) prepare, in cooperation with Federal, State, local, and
nongovernmental partners, a plan to commemorate the 100th
anniversary of the beginning of the National Wildlife Refuge
System on March 14, 2003;
(2) coordinate the activities of such partners undertaken
pursuant to such plan; and
(3) plan and host, in cooperation with such partners, a
conference on the National Wildlife Refuge System, and assist
in the activities of such a conference.
(g) Staff.--Subject to the availability of appropriations, the
Commission may employ staff as necessary to carry out its functions.
(h) Donations.--
(1) In general.--The Commission may, in accordance with
criteria established under paragraph (2), accept and use
donations of money, personal property, or personal services.
(2) Criteria.--The Commission shall establish written
criteria to be used in determining whether the acceptance of
gifts or donations under paragraph (1) would--
(A) reflect unfavorably upon the ability of the
Commission or any employee of the Commission to carry
out its responsibilities or official duties in a fair
and objective manner; or
(B) compromise the integrity or the appearance of
the integrity of any person involved in those programs.
(i) Administrative Support.--Upon the request of the Commission--
(1) the Secretary of the Interior, acting through the
United States Fish and Wildlife Service, may provide to the
Commission the administrative support services necessary for
the Commission to carry out its responsibilities under this
Act, including services related to budgeting, accounting,
financial reporting, personnel, and procurement; and
(2) the head of any other appropriate Federal department or
agency may furnish to the Commission such advice and
assistance, with or without reimbursement, to assist the
Commission in carrying out its functions.
(j) Reports.--
(1) Annual reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Commission shall submit to the Congress an annual report of its
activities and plans to Congress.
(2) Final report.--Not later than September 30, 2004, the
Commission shall submit to the Congress a final report of its
activities, including an accounting of all funds received and
expended by the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
submission of its final report under subsection (j).
(2) Disposition of materials.--Upon termination of the
Commission and after consultation with the Archivist of the
United States and the Secretary of the Smithsonian Institution,
the Secretary of the Interior--
(A) may deposit all books, manuscripts,
miscellaneous printed matter, memorabilia, relics, and
other similar materials of the Commission relating to
the 100th anniversary of the National Wildlife Refuge
System in Federal, State, or local libraries or museums
or otherwise dispose of such materials; and
(B) may use other property acquired by the
Commission for the purposes of the National Wildlife
Refuge System, or treat such property as excess
property.
SEC. 4. FULFILLING THE PROMISE OF AMERICA'S NATIONAL WILDLIFE REFUGE
SYSTEM: LONG-TERM PLANNING AND ANNUAL REPORTING
REQUIREMENTS REGARDING THE OPERATIONS AND MAINTENANCE
BACKLOG.
(a) Unified Long-Term Plan.--No later than March 1, 2002, the
Secretary of the Interior shall prepare and submit to the Congress and
the President a unified long-term plan to address priority operations,
maintenance, and construction needs of the National Wildlife Refuge
System, including--
(1) priority staffing needs of the System; and
(2) operations, maintenance, and construction needs as
identified in the Refuge Operating Needs System, the
Maintenance Management System, the 5-year deferred maintenance
list, the 5-year construction list, the United States Fish and
Wildlife Service report entitled ``Fulfilling the Promise of
America's National Wildlife Refuge System'', and individual
refuge comprehensive conservation plans.
(b) Annual Submission.--Beginning with the budget request for
fiscal year 2003, the Secretary of the Interior shall prepare and
submit in the context of each annual budget submission, a report that
contains--
(1) an assessment of expenditures in the prior, current,
and upcoming fiscal years to meet the operations and
maintenance backlog as identified in the long-term plan under
subsection (a); and
(2) transition costs in the prior, current, and upcoming
fiscal years, as identified in the Department of the Interior
analysis of newly acquired refuge lands, and a description of
the method used to determine the priority status of these
needs.
SEC. 5. EFFECTIVE DATE.
This Act shall become effective on January 20, 2001.
Passed the House of Representatives July 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Secretary of the Interior to submit to Congress and the President by March 1, 2002, a unified long-term plan to address priority operations, maintenance, and construction needs of the System, including: (1) priority staffing needs; and (2) operations, maintenance, and construction needs as identified in the Refuge Operating Needs System, the Maintenance Management System, the five-year deferred maintenance list, the five-year construction list, the U.S. Fish and Wildlife Service report entitled "Fulfilling the Promise of America's National Wildlife Refuge System,"and individual refuge comprehensive conservation plans. Requires the Secretary, beginning with the budget request for FY 2003, to submit a report containing: (1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the operations and maintenance backlog as identified in the plan; and (2) transition costs in such years, as identified in the Department of the Interior analysis of newly acquired refuge lands, and a description of the method used to determine the priority status of these needs. | {"src": "billsum_train", "title": "National Wildlife Refuge System Centennial Act"} | 2,094 | 221 | 0.607778 | 1.761196 | 0.836794 | 6.764706 | 9.843137 | 0.95098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Protection Act''.
SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
``(1) In general.--If the executor makes the election
described in paragraph (3) of this subsection, then, except as
otherwise provided in this subsection, there shall be excluded
from the gross estate the value of land subject to a qualified
conservation easement (reduced by the amount of any
indebtedness to which such land is subject). For purposes of
this subsection, the term `land subject to a qualified
conservation easement' means land that is located in an area
which, on the date of the decedent's death, is a metropolitan
area (as defined by the Office of Management and Budget), and
which was owned by the decedent or a member of the decedent's
family at all times during the three-year period ending on the
date of the decedent's death, and with respect to which a
qualified conservation contribution of a qualified real
property interest (as defined in section 170(h)(1) and (2)(C))
is or has been made by the decedent or a member of the
decedent's family. For purposes of this subsection, the term
`qualified real property interest' shall not include any
structure or building constituting a `certified historic
structure' (as defined in section 170(h)(4)(B)) or within the
definition of a `historically important land area' (as defined
in section 170(h)(4)(A)(iv)). For purposes of this subsection,
the term `member of the decedent's family' shall have the same
meaning as the term `member of the family' in section 2032A.
``(2) Payment of tax upon certain disposition of land
subject to retained development right.--The exclusion described
in paragraph (1) shall not apply to the value of any
development right retained by the donor in the conveyance of
such qualified conservation easement. The tax imposed by
section 2001, if any, attributable to any development right so
retained shall be imposed only upon the disposition of such
property. For purposes of this paragraph, the term
`disposition' shall not include any gift or devise. The tax so
imposed shall be due and payable by the person so disposing of
such property on the fifteenth day of the fourth month
following the calendar year in which such disposition occurs.
For purposes of this paragraph, the term `development right'
shall mean the right to establish or use, any structure and the
land immediately surrounding it for sale, or for rent or any
other commercial purpose which is not subordinate to and
directly supportive of the conservation purpose identified in
the easement, or the activity of farming, forestry, ranching,
horticulture, viticulture, or recreation, whether or not for
profit, conducted on land subject to the easement in which such
right is retained.
``(3) Election with respect to land subject to qualified
conservation easement.--The election under this subsection
shall be made on the return of the tax imposed by section 2001
and in such manner as the Secretary shall by regulations
prescribe. Such an election, once made, shall be irrevocable.
``(4) Calculation and notice of potential estate tax due.--
An executor making the election described in paragraph (3) of
this subsection shall compute the amount of tax imposed by
section 2001 upon any development right (as defined in
paragraph (2) of this subsection) retained by the donor in the
conveyance of such qualified conservation easement and include
such computation with the return of the tax imposed by section
2001. The executor shall also file a `Notice of Potential
Estate Tax Due' in the place or places where deeds are put to
public record for the locality in which the land subject to
such qualified conservation easement is located. The report of
the computation of tax on any retained development right and
the filing of the notice prescribed in this paragraph shall be
done in such manner and on such forms as the Secretary shall
prescribe.''
(b) Carryover Basis.--Section 1014(a) of the Internal Revenue Code
of 1986 (relating to basis of property acquired from a decedent) is
amended by striking the period at the end of paragraph (3), inserting
``, or'' at the end thereof, and inserting the following new paragraph:
``(4) to the extent of the applicability of the exclusion
described in section 2031(c), the basis in the hands of the
decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to gross estates including land on which qualified conservation
easements were granted after December 31, 1994, in taxable years ending
after such date.
SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding a new subsection
(h) to read as follows:
``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' shall have the same meaning as in section 2031(c), except
that references therein to `decedent' shall refer to the donor and
references to `the date of the decedent's death' shall refer to the
date of the transfer by the donor.''
(b) Effective Date.--The amendments made by this section shall
apply to gifts of land on which qualified conservation easements were
granted after December 31, 1994, in taxable years ending after such
date.
SEC. 4. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:
``SEC. 137. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of farmland if
there is in effect on the date of such sale or exchange a qualified
covenant which does not permit any use of such farmland for any purpose
other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking out the item relating to section 137 and inserting
in lieu thereof the following:
``Sec. 137. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1994, in taxable
years ending after such date. | Family Farm Protection Act - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, the value of certain land subject to a qualified conservation easement (reduced by the amount of any indebtedness secured by such land). Includes in the gross estate the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due on a date certain after the disposition of such property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss.
Excludes from the gift tax transfers by gift of land subject to a qualified conservation easement.
Excludes from gross income gain from the sale or exchange of eligible farmland that is subject to a qualified covenant which does not permit any use of such farmland for purposes other than as farmland. | {"src": "billsum_train", "title": "Family Farm Protection Act"} | 2,044 | 191 | 0.516168 | 1.423364 | 0.881764 | 4.074074 | 11.160494 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer and Communications Trade
Freedom Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Increased communications and exchange of information
through computer and telecommunications networks promotes the
development of democratic political institutions, free market
reforms, and economic modernization; nevertheless, computers,
telecommunications, semiconductor, and related equipment,
software, and technology account for more than 85 percent of
the value of exports controlled by the United States Department
of Commerce under the Export Administration Act of 1979.
(2) The computer, telecommunications, and semiconductor
industries account for $55,000,000,000 in exports and 12.3
percent of all of the export trade of the United States. These
sectors represent over 850,000 jobs in the United States.
(3) The rapid pace of technological development and the
dramatic reductions in product innovation cycles for these
products have rendered any system for controlling their export
meaningless.
(4) The availability of advanced computer,
telecommunications, and semiconductor products from sources of
supply other than the United States and members of the
Coordinating Committee for Multilateral Export Countries
(COCOM) exists, and the perpetuation of export controls on
these products disadvantages United States exporters to the
detriment of the domestic economy, United States innovation,
and employment of American workers in these 3 industries and in
those United States industries which are the suppliers and
customers of these industries.
SEC. 3. REMOVAL OF EXPORT CONTROLS ON COMPUTERS AND ELECTRONIC
EQUIPMENT.
Section 4 of the Export Administration Act of 1979 (50 U.S.C. App.
2401) is amended by adding at the end the following new subsection:
``(h) License Authority for Computers, Telecommunications
Equipment, and Semiconductors.--
``(1)(A) No validated license or reexport authorization may
be required for the export or reexport (as the case may be),
for consumption or use in any country other than a targeted
country, of any product or related software or technology that
is or would be classified under the following entries of the
control list as in effect on July 1, 1993, except for any such
product or related software or technology to which missile
technology controls apply under the control list:
``(i) Computers and related equipment under
Category 4, code letter A.
``(ii) Telecommunications and related equipment
under Category 5, Part I.
``(iii) Semiconductors, as follows:
``(I) Items 3A01A.a, 3A02A.h, 3A92F, and
all integrated circuits or their
microelectronic devices classified under 3A96G.
``(II) Items 3D01A related to 3A01A.a and
3A02A.h, 3D03A, 3D94F, and 3D96G related to
integrated circuits or other microelectronic
devices classified under 3A96G.
``(III) Items 3E01A related to 3A01A.a and
3A02A.h, 3E02A, 3E94F related to 3A92F, and
3E96G related to integrated circuits or other
microelectronic devices classified under 3A96G.
``(B) The United States shall not propose (or ask any other
government to propose) to the Coordinating Committee the
transfer of any item subject to subparagraph (A) from the
Industrial List of the Coordinating Committee to the
International Munitions List of the Coordinating Committee.
``(C) The United States shall not agree to any proposal to
transfer any item subject to subparagraph (A) from the
Industrial List of the Coordinating Committee to the
International Munitions List of the Coordinating Committee.
``(2) No control on the export or reexport of any good or
technology for which no license or authorization may be
required under paragraph (1)(A) may be imposed, directly or
indirectly, under the International Emergency Economic Powers
Act, the Trading with the Enemy Act, or other provision of law,
other than in connection with a prohibition on all or
substantially all exports to a specific country, government,
entity, or person.
``(3) Nothing in this subsection shall prohibit the
Secretary from requiring a validated license for exports to (A)
a country against which the United States maintains an embargo
of all or substantially all exports, or (B) a party lawfully
denied export privileges under this Act.
``(4) For the purposes of this subsection, the term
`targeted country' means any country--
``(A) the government of which the Secretary of
State has determined, under section 6(j), to be a
government that has repeatedly provided support for
acts of international terrorism; or
``(B) which is subject to an embargo--
``(i) which has been imposed by the United
Nations on all or substantially all exports to
that country; and
``(ii) in which the United States is
participating.
``(5) The provisions of this subsection apply
notwithstanding any other provision of this Act.''.
SEC. 4. EFFECTIVE DATE.
(a) For Amendment.--The amendment made by section 3 shall take
effect 6 months after the date of the enactment of this Act.
(b) Interim Negotiations.--Upon the enactment of this Act, the
President shall undertake negotiations with the Coordinating Committee
for Multilateral Export Controls (``COCOM'') and other relevant
multilateral export control regimes for the purpose of attaining
agreement among the members of COCOM and such other regimes to apply
export controls consistent with the amendment made by section 3.
Whether such agreement is attained shall not affect the effective date
set forth in subsection (a). | Computer and Communications Trade Freedom Act - Amends the Export Administration Act of 1979 to declare that no validated license or reexport authorization may be required for the export or reexport for the consumption or use in any country (other than a targeted country) of currently controlled computers, telecommunications equipment, and semiconductors (unless they are subject to missile technology controls).
Prohibits the United States from: (1) proposing to the Coordinating Committee (COCOM) the transfer of such items from the Industrial List of the COCOM to the International Munitions Lists of the COCOM; or (2) agreeing to any proposal for such transfer. Prohibits the control on the export or reexport of such items under the International Emergency Economic Powers Act, the Trading with the Enemy Act, or any other law that would control such exports.
Declares that nothing in this Act shall prohibit the Secretary of Commerce from requiring a validated license for exports to: (1) a country against which the United States maintains an embargo; or (2) a party lawfully denied export privileges under this Act.
Directs the President to negotiate with COCOM and other relevant multilateral export control regimes to attain agreement on applying export controls consistent with this Act. | {"src": "billsum_train", "title": "Computer and Communications Trade Freedom Act"} | 1,270 | 274 | 0.61429 | 1.901006 | 0.875002 | 3.7897 | 4.858369 | 0.922747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Financial Institution Advisory
Committees Act of 2016''.
SEC. 2. COMMUNITY BANK ADVISORY COMMITTEE.
(a) Definitions.--For purposes of this section:
(1) Community bank.--The term ``community bank'' means a
depository institution with total assets of $10,000,000,000 or
less.
(2) Depository institution.--The term ``depository
institution'' has the meaning given that term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Establishment and Functions.--
(1) Establishment.--There is established within the
Department of the Treasury (hereafter in this section referred
to as the ``Department'') the Community Bank Advisory Committee
(hereafter in this section referred to as the ``Committee'').
(2) Functions.--The Committee shall provide the Department
with advice on the Department's efforts regarding financial
institutions legislation and regulation, legislation affecting
Federal departments and agencies that regulate or insure
financial institutions, and securities markets legislation and
regulation, as such efforts relate to community banks.
(c) Membership.--
(1) Member appointment.--Not later than 12 months after the
date of the enactment of this Act, the Secretary shall appoint
not fewer than 15, and not more than 20, members to the
Committee. In appointing such members, the Secretary shall--
(A) include members representing community banks
that are not affiliates of depository institutions with
total assets of more than $10,000,000,000;
(B) include members representing community banks of
different charter types, asset sizes, geographic areas,
and ownership types;
(C) give strong consideration to members
representing community banks predominantly serving
traditionally rural and underserved communities and
populations and their interests; and
(D) make such appointments without regard to party
affiliation.
(2) Term.--Each member of the Committee shall serve for a
term of 2 years, which is not eligible for renewal.
(3) Members not department employees.--Members of the
Committee shall not be treated as employees or agents of the
Department solely because of membership on the Committee.
(4) Resignation.--Any member may resign at any time by
giving notice to the Department. The Secretary shall appoint
persons to fill vacancies on the Committee as the vacancies
occur.
(d) Chairman; Vice Chairman; Secretary; Assistant Secretary.--
(1) In general.--The members of the Committee shall elect,
from among the members of the Committee--
(A) a chairman;
(B) a vice chairman;
(C) a secretary; and
(D) an assistant secretary.
(2) Term.--Each member elected under paragraph (1) shall
serve for a term of 2 years in the capacity for which the
member was elected under paragraph (1).
(e) Meetings.--
(1) Frequency of meetings.--The Committee shall meet--
(A) not less frequently than 4 times annually, at
the call of the chairman of the Committee; and
(B) from time to time, at the call of the
Department.
(2) Notice.--The chairman of the Committee shall give the
members of the Committee written notice of each meeting, not
later than 4 weeks before the date of the meeting.
(3) Location.--At least 2 of the meetings each year shall
take place in person at the Department's headquarters in the
District of Columbia. Participants should make every effort
within reason to attend these meetings in person.
(4) Agenda.--Each meeting shall be conducted in accordance
with an agenda formulated by the chairman of the Committee,
with input from other Committee members.
(5) Department representation.--Each meeting of the
Committee shall be attended by the Secretary or the Secretary's
designee.
(f) Compensation and Travel Expenses.--Each member of the Committee
who is not a full-time employee of the United States shall--
(1) be entitled to receive compensation at a rate not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code, for each day
during which the member is engaged in the actual performance of
the duties of the Committee; and
(2) while away from the home or regular place of business
of the member in the performance of services for the Committee,
be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
(g) Staff.--The Department shall make available to the Committee
such staff as the chairman of the Committee determines are necessary to
carry out the functions of the Committee.
(h) Review by Department.--The Department shall--
(1) review the findings and recommendations of the
Committee; and
(2) each time the Committee submits a finding or
recommendation to the Department, promptly, but no more than 60
days after submission, issue a public statement, a copy of
which shall be delivered to Committee members--
(A) assessing the finding or recommendation of the
Committee; and
(B) disclosing the action, if any, the Department
intends to take with respect to the finding or
recommendation.
SEC. 3. CREDIT UNION ADVISORY COMMITTEE.
(a) Definitions.--For purposes of this section:
(1) Credit union.--The term ``credit union'' means a
Federal credit union or a State credit union, as such terms are
defined, respectively, under section 101 of the Federal Credit
Union Act (12 U.S.C. 1752).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Establishment and Functions.--
(1) Establishment.--There is established within the
Department of the Treasury (hereafter in this section referred
to as the ``Department'') the Credit Union Advisory Committee
(hereafter in this section referred to as the ``Committee'').
(2) Functions.--The Committee shall provide the Department
with advice on the Department's efforts regarding financial
institutions legislation and regulation, legislation affecting
Federal departments and agencies that regulate or insure
financial institutions, and securities markets legislation and
regulation, as such efforts relate to credit unions.
(c) Membership.--
(1) Member appointment.--Not later than 12 months after the
date of the enactment of this Act, the Secretary shall appoint
not fewer than 15, and not more than 20, members to the
Committee. In appointing such members, the Secretary shall--
(A) include members representing credit unions with
total assets of $10,000,000,000 or less;
(B) include members representing credit unions that
are not affiliates of credit unions with total assets
of more than $10,000,000,000;
(C) include members representing credit unions of
different charter types, asset sizes, geographic areas,
and ownership types;
(D) give strong consideration to members
representing credit unions predominantly serving
traditionally rural and underserved communities and
populations and their interests; and
(E) make such appointments without regard to party
affiliation.
(2) Term.--Each member of the Committee shall serve for a
term of 2 years, which is not eligible for renewal.
(3) Members not department employees.--Members of the
Committee shall not be treated as employees or agents of the
Department solely because of membership on the Committee.
(4) Resignation.--Any member may resign at any time by
giving notice to the Department. The Secretary shall appoint
persons to fill vacancies on the Committee as the vacancies
occur.
(d) Chairman; Vice Chairman; Secretary; Assistant Secretary.--
(1) In general.--The members of the Committee shall elect,
from among the members of the Committee--
(A) a chairman;
(B) a vice chairman;
(C) a secretary; and
(D) an assistant secretary.
(2) Term.--Each member elected under paragraph (1) shall
serve for a term of 2 years in the capacity for which the
member was elected under paragraph (1).
(e) Meetings.--
(1) Frequency of meetings.--The Committee shall meet--
(A) not less frequently than 4 times annually, at
the call of the chairman of the Committee; and
(B) from time to time, at the call of the
Department.
(2) Notice.--The chairman of the Committee shall give the
members of the Committee written notice of each meeting, not
later than 4 weeks before the date of the meeting.
(3) Location.--At least 2 of the meetings each year shall
take place in person at the Department's headquarters in the
District of Columbia. Participants should make every effort
within reason to attend these meetings in person.
(4) Agenda.--Each meeting shall be conducted in accordance
with an agenda formulated by the chairman of the Committee,
with input from other Committee members.
(5) Department representation.--Each meeting of the
Committee shall be attended by the Secretary or the Secretary's
designee.
(f) Compensation and Travel Expenses.--Each member of the Committee
who is not a full-time employee of the United States shall--
(1) be entitled to receive compensation at a rate not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code, for each day
during which the member is engaged in the actual performance of
the duties of the Committee; and
(2) while away from the home or regular place of business
of the member in the performance of services for the Committee,
be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
(g) Staff.--The Department shall make available to the Committee
such staff as the chairman of the Committee determines are necessary to
carry out the functions of the Committee.
(h) Review by Department.--The Department shall--
(1) review the findings and recommendations of the
Committee; and
(2) each time the Committee submits a finding or
recommendation to the Department, promptly, but no more than 60
days after submission, issue a public statement, a copy of
which shall be delivered to Committee members--
(A) assessing the finding or recommendation of the
Committee; and
(B) disclosing the action, if any, the Department
intends to take with respect to the finding or
recommendation. | Small Financial Institution Advisory Committees Act of 2016 This bill establishes within the Department of the Treasury: the Community Bank Advisory Committee to advise Treasury about its efforts regarding legislation and regulation that affect financial institutions, federal departments and agencies that regulate or insure financial institutions, and securities markets, as these efforts relate to community banks; and the Credit Union Advisory Committee to advise Treasury about such efforts as they relate to credit unions. | {"src": "billsum_train", "title": "Small Financial Institution Advisory Committees Act of 2016"} | 2,329 | 89 | 0.599389 | 1.460934 | 0.533479 | 3.597561 | 26.5 | 0.865854 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 TAX CODE.
(a) Short Title.--This Act may be cited as the ``Foreign Tax
Simplification Act of 1993''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. LIMITED APPLICATION OF UNIFORM CAPITALIZATION RULES TO FOREIGN
PERSONS.
(A) In General.--Section 263A(c) (relating to exceptions) is
amended by adding at the end thereof the following new paragraph:
``(7) Foreign persons.--This section shall not apply to any
foreign person except to the extent necessary for the
computation of taxable income under sections 871(b)(2) and
882(a)(2) for purposes of the taxes imposed by sections
871(b)(1) and 882(a)(1).''
(b) Effective Date.--The amendment made by this section shall apply
to costs incurred after December 31, 1993, in taxable years ending
after such date.
SEC. 3. DEFINITION OF PASSIVE FOREIGN INVESTMENT COMPANY.
(a) Exclusion of Controlled Foreign Corporations.--Section 1296
(defining passive foreign investment company) is amended by adding at
the end thereof the following new subsection:
``(e) Section 957 Corporations.--For purposes of this part, a
foreign corporation shall not be considered a passive foreign
investment company for any day on which such corporation was a
controlled foreign corporation to which section 957(a) applied.''
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to taxable years of foreign corporations ending after
December 31, 1992.
(2) Transition rule.--If, for the 1st taxable year to which
the amendment made by this section applies, a foreign
corporation which was a passive foreign investment corporation
for any preceding taxable year is not such a corporation for
such 1st taxable year by reason of such amendment, section
1297(b)(1) of the Internal Revenue Code of 1986 shall not apply
to such 1st taxable year and subsequent taxable years solely by
reason of such corporation being a passive foreign investment
corporation before such 1st taxable year.
SEC. 4. APPLICATION OF SEPARATE FOREIGN TAX CREDIT LIMITATION FOR
NONCONTROLLED SECTION 902 CORPORATIONS.
(a) In General.--Subparagraph (E) of section 904(d)(1) (relating to
separate application of section with respect to certain categories of
income) is amended to read as follows:
``(E) in the case of a corporation, dividends from
all noncontrolled section 902 corporations,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1992.
SEC. 5. EXCHANGE RATE USED IN TRANSLATING FOREIGN TAXES.
(a) Accrued Taxes Translated by Using Average Rate for Year to
Which Taxes Relate.--
(1) In general.--Subsection (a) of section 986 (relating to
translation of foreign taxes) is amended to read as follows:
``(a) Foreign Income Taxes.--
``(1) Translation of accrued taxes.--
``(A) In general.--For purposes of determining the
amount of the foreign tax credit, in the case of a
taxpayer who takes foreign income taxes into account
when accrued, the amount of any foreign income taxes
(and any adjustment thereto) shall be translated into
dollars by using the average exchange rate for the
taxable year to which such taxes relate.
``(B) Exception for taxes not paid within following
2 years.--
``(i) Subparagraph (A) shall not apply to
any foreign income taxes paid after the date 2
years after the close of the taxable year to
which such taxes relate.
``(ii) Subparagraph (A) shall not apply to
taxes paid before the beginning of the taxable
year to which such taxes relate.
``(C) Exception for inflationary currencies.--To
the extent provided in regulations, subparagraph (A)
shall not apply to any foreign income taxes the
liability for which is denominated in any currency
determined to be an inflationary currency under such
regulations.
``(D) Cross reference.--
``For adjustments where tax is not paid
within 2 years, see section 905(c).
``(2) Translation of taxes to which paragraph (1) does not
apply.--For purposes of determining the amount of the foreign
tax credit, in the case of any foreign income taxes to which
subparagraph (A) of paragraph (1) does not apply--
``(A) such taxes shall be translated into dollars
using the exchange rates as of the time such taxes were
paid to the foreign country or possession of the United
States, and
``(B) any adjustment to the amount of such taxes
shall be translated into dollars using--
``(i) except as provided in clause (ii),
the exchange rate as of the time when such
adjustment is paid to the foreign country or
possession, or
``(ii) in the case of any refund or credit
of foreign income taxes, using the exchange
rate as of the time of the original payment of
such foreign income taxes.
``(3) Foreign income taxes.--For purposes of this
subsection, the term `foreign income taxes' means any income,
war profits, or excess profits taxes paid or accrued to any
foreign country or to any possession of the United States.''
(2) Adjustment when not paid within 2 years after year to
which taxes relate.--Subsection (c) of section 905 is amended
to read as follows:
``(c) Adjustments to Accrued Taxes.--
``(1) In general.--If--
``(A) accrued taxes when paid differ from the
amounts claimed as credits by the taxpayer,
``(B) accrued taxes are not paid before the date 2
years after the close of the taxable year to which such
taxes relate, or
``(C) any tax paid is refunded in whole or in part,
the taxpayer shall notify the Secretary, who shall redetermine
the amount of the tax for the year or years affected.
``(2) Special rule for taxes not paid within 2 years.--In
making the redetermination under paragraph (1), no credit shall
be allowed for accrued taxes not paid before the date referred
to in subparagraph (B) of paragraph (1). Any such taxes if
subsequently paid shall be taken into account for the taxable
year in which paid and no redetermination under this section
shall be made on account of such payment.
``(3) Adjustments.--The amount of tax due on any
redetermination under paragraph (1) (if any) shall be paid by
the taxpayer on notice and demand by the Secretary, and the
amount of tax overpaid (if any) shall be credited or refunded
to the taxpayer in accordance with subchapter B of chapter 66
(section 6511 et seq.).
``(4) Bond requirements.--In the case of any tax accrued
but not paid, the Secretary, as a condition precedent to the
allowance of the credit provided in this subpart, may require
the taxpayer to give a bond, with sureties satisfactory to and
approved by the Secretary, in such sum as the Secretary may
require, conditioned on the payment by the taxpayer of any
amount of tax found due on any such redetermination. Any such
bond shall contain such further conditions as the Secretary may
require.
``(5) Other special rules.--In any redetermination under
paragraph (1) by the Secretary of the amount of tax due from
the taxpayer for the year or years affected by a refund, the
amount of the taxes refunded for which credit has been allowed
under this section shall be reduced by the amount of any tax
described in section 901 imposed by the foreign country or
possession of the United States with respect to such refund;
but no credit under this subpart, or deduction under section
164, shall be allowed for any taxable year with respect to any
such tax imposed on the refund. No interest shall be assessed
or collected on any amount of tax due on any redetermination by
the Secretary, resulting from a refund to the taxpayer, for any
period before the receipt of such refund, except to the extent
interest was paid by the foreign country or possession of the
United States on such refund for such period.''
(b) Authority To Use Average Rates.--
(1) In general.--Subsection (a) of section 986 (relating to
foreign taxes) is amended by adding at the end thereof the
following new paragraph:
``(3) Authority to permit use of average rates.--To the
extent prescribed in regulations, the average exchange rate for
the period (specified in such regulations) during which the
taxes or adjustment is paid may be used instead of the exchange
rate as of the time of such payment.''
(2) Determination of average rates.--Subsection (c) of
section 989 is amended by striking ``and'' at the end of
paragraph (4), by striking the period at the end of paragraph
(5) and inserting ``, and'', and by adding at the end thereof
the following new paragraph:
``(6) setting forth procedures for determining the average
exchange rate for any period.''
(3) Conforming amendments.--Subsection (b) of section 989
is amended by striking ``weighted'' each place it appears.
(c) Effective Date.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
December 31, 1992.
SEC. 6. LOOK-THRU RULES FOR CONTROLLED FOREIGN CORPORATIONS NOT TO
APPLY TO SEPARATE CATEGORIES WITH DE MINIMIS AMOUNTS.
(a) In General.--Section 904(d)(3)(E) (relating to look-thru
applies only where subpart F applies) is amended to read as follows:
``(E) Look-through applies only where separate category
income not de minimis.--
``(i) In general.--If the aggregate gross income in
all separate categories of a foreign corporation for
the taxable year is less than the lesser of--
``(I) 5 percent of gross income, or
``(II) $1,000,000,
no part of its gross income for such taxable year shall
be treated as income in a separate category, except
that this sentence shall not apply to any income which
(without regard to this sentence) would be treated as
financial services income.
``(ii) Passive income.--Solely for purposes of
applying subparagraph (D), passive income of a foreign
corporation shall not be treated as income in a
separate category if the requirements of section
954(b)(4) are met with respect to such income.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1992. | Foreign Tax Simplification Act of 1993 - Amends the Internal Revenue Code to exempt foreign persons (including corporations) from the uniform capitalization rules in determining earnings and profits for any business not conducted in the United States.
Declares that a foreign corporation shall not be considered a passive foreign investment company for any day on which such corporation was a controlled foreign corporation.
Revises the application of the separate foreign tax credit limitation for foreign corporations in which U.S. parent companies do not own a controlling interest.
Requires that foreign tax credits claimed for foreign income be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate. Provides an exception for taxes not paid within the following two years and for inflationary currency. Provides for translating taxes not subject to such requirement. Sets forth special rules for making adjustments to accrued taxes not paid within two years. Allows the use of the average exchange rate for the period during which the taxes or adjustment is paid instead of the exchange rate as of the time of such payment.
Provides that the look-through rules for controlled foreign corporations do not apply to companies with less than $1 million in all of their separate categories. | {"src": "billsum_train", "title": "Foreign Tax Simplification Act of 1993"} | 2,524 | 255 | 0.590139 | 1.683033 | 0.742583 | 3.472103 | 9.587983 | 0.862661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Restoration Initiative
Act of 2014''.
SEC. 2. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by striking paragraph (7) and inserting the
following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the
Agency a Great Lakes Restoration Initiative (referred
to in this paragraph as the `Initiative') to carry out
programs and projects for Great Lakes protection and
restoration.
``(B) Focus areas.--The Initiative shall prioritize
programs and projects carried out in coordination with
non-Federal partners and programs and projects that
address priority areas each fiscal year, including--
``(i) the remediation of toxic substances
and areas of concern;
``(ii) the prevention and control of
invasive species and the impacts of invasive
species;
``(iii) the protection and restoration of
nearshore health and the prevention and
mitigation of nonpoint source pollution;
``(iv) habitat and wildlife protection and
restoration, including wetlands restoration and
preservation; and
``(v) accountability, monitoring,
evaluation, communication, and partnership
activities.
``(C) Projects.--Under the Initiative, the Agency
shall collaborate with Federal partners, including the
Great Lakes Interagency Task Force, to select the best
combination of programs and projects for Great Lakes
protection and restoration using appropriate principles
and criteria, including whether a program or project
provides--
``(i) the ability to achieve strategic and
measurable environmental outcomes that
implement the Great Lakes Action Plan and the
Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of
results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to reduce
duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Funds made available to
carry out the Initiative shall be used to
strategically implement--
``(I) Federal projects; and
``(II) projects carried out in
coordination with States, Indian
tribes, municipalities, institutions of
higher education, and other
organizations.
``(ii) Transfer of funds.--With amounts
made available for the Initiative each fiscal
year, the Administrator may--
``(I) transfer not more than
$300,000,000 to the head of any Federal
department or agency, with the
concurrence of the department or agency
head, to carry out activities to
support the Initiative and the Great
Lakes Water Quality Agreement; and
``(II) enter into an interagency
agreement with the head of any Federal
department or agency to carry out
activities described in subclause (I).
``(E) Scope.--
``(i) In general.--Projects shall be
carried out under the Initiative on multiple
levels, including--
``(I) Great Lakes-wide; and
``(II) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available
to carry out the Initiative may be used for any
water infrastructure activity (other than a
green infrastructure project that improves
habitat and other ecosystem functions in the
Great Lakes) for which amounts are made
available from--
``(I) a State water pollution
control revolving fund established
under title VI; or
``(II) a State drinking water
revolving loan fund established under
section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12).
``(F) Activities by other federal agencies.--Each
relevant Federal department or agency shall, to the
maximum extent practicable--
``(i) maintain the base level of funding
for the Great Lakes activities of that
department or agency without regard to funding
under the Initiative; and
``(ii) identify new activities and projects
to support the environmental goals of the
Initiative.
``(G) Funding.--There is authorized to be
appropriated to carry out the Initiative $300,000,000
for each of fiscal years 2015 through 2019.''.
Passed the House of Representatives December 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Great Lakes Restoration Initiative Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency's Great Lakes Restoration Initiative for FY2015-FY2019. Requires that the Initiative carry out programs and projects for Great Lakes protection and restoration. Directs the Initiative to prioritize programs and projects, including: the remediation of toxic substances and areas of concern; the prevention and control of invasive species and their impacts; the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution (water pollution that comes from many diffuse sources, such as pollution on the ground picked up by rain or snow); habitat and wildlife protection and restoration; and accountability, monitoring, evaluation, communication, and partnership activities. Prohibits funding made available to implement the Initiative from being used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which funding is made available under the clean water or drinking water state revolving fund program. Requires federal agencies to maintain the base level of funding for their Great Lakes activities without regard to funding under the Initiative and identify new activities to support the environmental goals of the Initiative. | {"src": "billsum_train", "title": "Great Lakes Restoration Initiative Act of 2014"} | 984 | 273 | 0.672883 | 1.906565 | 0.874396 | 3.246964 | 3.700405 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Creation through Energy
Efficient Manufacturing Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage widespread deployment of
energy efficiency and onsite renewable energy technologies in
manufacturing and industrial facilities throughout the United States
through the establishment of a Financing Energy Efficient Manufacturing
Program that would--
(1) encourage the widespread availability of financial
products and programs with attractive rates and terms that
significantly reduce or eliminate upfront expenses to allow
manufacturing and industrial businesses to invest in energy
efficiency measures, onsite clean and renewable energy systems,
smart grid systems, and alternative vehicle fleets by providing
credit support, credit enhancement, secondary markets, and
other support to originators of the financial products and
sponsors of the financing programs; and
(2) help building owners to invest in measures and systems
that reduce energy costs, in many cases creating a net cost
savings that can be realized in the short-term, and may also
allow manufacturing and industrial businesses owners to defer
capital expenditures, save money to hire new workers, and
increase the value, comfort, and sustainability of the property
of the owners.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered program.--The term ``covered program'' means a
program to finance energy efficiency retrofit, onsite clean and
renewable energy, smart grid, and alternative vehicle fleet
projects for industrial businesses.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``Financing Energy Efficient Manufacturing Program'',
under which the Secretary shall provide grants to States to establish
or expand covered programs.
(b) Applications.--
(1) In general.--A State may apply to the Secretary for a
grant under subsection (a) to establish or expand covered
programs.
(2) Evaluation.--The Secretary shall evaluate applications
submitted by States under paragraph (1) on the basis of--
(A) the likelihood that the covered program would--
(i) be established or expanded; and
(ii) increase the total investment and
energy savings of retrofit projects to be
supported;
(B) in the case of industrial business efficiency
financing initiatives conducted under subsection (c),
evidence of multistate cooperation and coordination
with lenders, financiers, and owners; and
(C) other factors that would advance the purposes
of this Act, as determined by the Secretary.
(c) Multistate Facilitation.--The Secretary shall consult with
States and relevant stakeholders with applicable expertise to establish
a process to identify financing opportunities for manufacturing and
industrial business with asset portfolios across multiple States.
(d) Administration.--A State receiving a grant under subsection (a)
shall give a higher priority to covered programs that--
(1) leverage private and non-Federal sources of funding;
and
(2) aim explicitly to expand the use of energy efficiency
project financing using private sources of funding.
(e) Davis-Bacon Compliance.--
(1) In general.--All laborers and mechanics employed on
projects funded directly by or assisted in whole or in part by
this Act shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code (commonly referred to as the ``Davis-
Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in this subsection, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(f) Reports.--
(1) In general.--Not later than 2 years after the date of
receipt of a grant under this Act, a State shall submit to the
Secretary, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives a report that describes the performance of
covered programs carried out using the grant funds.
(2) Data.--
(A) In general.--A State receiving a grant under
this Act, in cooperation with the Secretary, shall--
(i) collect and share data resulting from
covered programs carried out under this Act;
and
(ii) include in the report submitted under
paragraph (1) any data collected under clause
(i).
(B) Department databases.--The Secretary shall
incorporate data described in subparagraph (A) into
appropriate databases of the Department of Energy, with
provisions for the protection of confidential business
data.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $250,000,000, to remain available until expended.
(b) State Energy Offices.--Funds provided to a State under this Act
shall be provided to the office within the State that is responsible
for developing the State energy plan for the State under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq.). | Job Creation through Energy Efficient Manufacturing Act - Requires the Secretary of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to states to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses (covered programs). Defines "state" as a state, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. Requires the Secretary to consult with states and stakeholders to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Requires states that receive such funding to give a higher priority to covered programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Requires: (1) states receiving such grants to collect, share, and report on data resulting from covered programs carried out under this Act; and (2) the Secretary to incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data. Requires grant funds to be provided to the state office responsible for developing the state energy plan under the Energy Policy and Conservation Act. | {"src": "billsum_train", "title": "Job Creation through Energy Efficient Manufacturing Act"} | 1,216 | 278 | 0.695982 | 2.071304 | 0.87492 | 4.518219 | 4.582996 | 0.939271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Science Advisory Board Reform
Act of 2015''.
SEC. 2. SCIENCE ADVISORY BOARD.
(a) Independent Advice.--Section 8(a) of the Environmental
Research, Development, and Demonstration Authorization Act of 1978 (42
U.S.C. 4365(a)) is amended by inserting ``independently'' after
``Advisory Board which shall''.
(b) Membership.--Section 8(b) of the Environmental Research,
Development, and Demonstration Authorization Act of 1978 (42 U.S.C.
4365(b)) is amended to read as follows:
``(b)(1) The Board shall be composed of at least nine members, one
of whom shall be designated Chairman, and shall meet at such times and
places as may be designated by the Chairman.
``(2) Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this section. The
Administrator shall ensure that--
``(A) the scientific and technical points of view
represented on and the functions to be performed by the Board
are fairly balanced among the members of the Board;
``(B) at least ten percent of the membership of the Board
are from State, local, or tribal governments;
``(C) persons with substantial and relevant expertise are
not excluded from the Board due to affiliation with or
representation of entities that may have a potential interest
in the Board's advisory activities, so long as that interest is
fully disclosed to the Administrator and the public and
appointment to the Board complies with section 208 of title 18,
United States Code;
``(D) in the case of a Board advisory activity on a
particular matter involving, or for which the Board has
evidence that it may involve, a specific party, no Board member
having an interest in the specific party shall participate in
that activity;
``(E) Board members may not participate in advisory
activities that directly or indirectly involve review or
evaluation of their own work, unless fully disclosed to the
public and the work has been externally peer-reviewed;
``(F) Board members shall be designated as special
Government employees;
``(G) no registered lobbyist is appointed to the Board; and
``(H) a Board member shall have no current grants or
contracts from the Environmental Protection Agency and shall
not apply for a grant or contract for 3 years following the end
of that member's service on the Board.
``(3) The Administrator shall--
``(A) solicit public nominations for the Board by
publishing a notification in the Federal Register;
``(B) solicit nominations from relevant Federal agencies,
including the Departments of Agriculture, Defense, Energy, the
Interior, and Health and Human Services;
``(C) solicit nominations from--
``(i) institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); and
``(ii) scientific and research institutions based
in work relevant to that of the Board;
``(D) make public the list of nominees, including the
identity of the entities that nominated each, and shall accept
public comment on the nominees;
``(E) require that, upon their provisional nomination,
nominees shall file a written report disclosing financial
relationships and interests, including Environmental Protection
Agency grants, contracts, cooperative agreements, or other
financial assistance, that are relevant to the Board's advisory
activities for the three-year period prior to the date of their
nomination, and relevant professional activities and public
statements for the five-year period prior to the date of their
nomination; and
``(F) make such reports public, with the exception of
specific dollar amounts, for each member of the Board upon such
member's selection.
``(4) Disclosure of relevant professional activities under
paragraph (3)(E) shall include all representational work, expert
testimony, and contract work as well as identifying the party for which
the work was done.
``(5) Except when specifically prohibited by law, the Agency shall
make all conflict of interest waivers granted to members of the Board,
member committees, or investigative panels publicly available.
``(6) Any recusal agreement made by a member of the Board, a member
committee, or an investigative panel, or any recusal known to the
Agency that occurs during the course of a meeting or other work of the
Board, member committee, or investigative panel shall promptly be made
public by the Administrator.
``(7) The terms of the members of the Board shall be three years
and shall be staggered so that the terms of no more than one-third of
the total membership of the Board shall expire within a single fiscal
year. No member shall serve more than two terms over a ten-year
period.''.
(c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``at the time any proposed'';
(B) by striking ``formal''; and
(C) by inserting ``or draft risk or hazard
assessment,'' after ``to the Board such proposed''; and
(2) in paragraph (2)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``the scientific and technical
basis of the proposed''; and
(B) by adding at the end the following: ``The
Board's advice and comments, including dissenting views
of Board members, and the response of the Administrator
shall be included in the record with respect to any
proposed risk or hazard assessment, criteria document,
standard, limitation, or regulation and published in
the Federal Register.''.
(d) Member Committees and Investigative Panels.--Section 8(e)(1)(A)
of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end
the following: ``These member committees and investigative panels--
``(i) shall be constituted and operate in
accordance with the provisions set forth in
paragraphs (2) and (3) of subsection (b), in
subsection (h), and in subsection (i);
``(ii) do not have authority to make
decisions on behalf of the Board; and
``(iii) may not report directly to the
Environmental Protection Agency.''.
(e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365)
is amended by amending subsection (h) to read as follows:
``(h)(1) To facilitate public participation in the advisory
activities of the Board, the Administrator and the Board shall make
public all reports and relevant scientific information and shall
provide materials to the public at the same time as received by members
of the Board.
``(2) Prior to conducting major advisory activities, the Board
shall hold a public information-gathering session to discuss the state
of the science related to the advisory activity.
``(3) Prior to convening a member committee or investigative panel
under subsection (e) or requesting scientific advice from the Board,
the Administrator shall accept, consider, and address public comments
on questions to be asked of the Board. The Board, member committees,
and investigative panels shall accept, consider, and address public
comments on such questions and shall not accept a question that unduly
narrows the scope of an advisory activity.
``(4) The Administrator and the Board shall encourage public
comments, including oral comments and discussion during the
proceedings, that shall not be limited by an insufficient or arbitrary
time restriction. Public comments shall be provided to the Board when
received. The Board's reports shall include written responses to
significant comments offered by members of the public to the Board.
``(5) Following Board meetings, the public shall be given 15
calendar days to provide additional comments for consideration by the
Board.''.
(f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further
amended by amending subsection (i) to read as follows:
``(i)(1) In carrying out its advisory activities, the Board shall
strive to avoid making policy determinations or recommendations, and,
in the event the Board feels compelled to offer policy advice, shall
explicitly distinguish between scientific determinations and policy
advice.
``(2) The Board shall clearly communicate uncertainties associated
with the scientific advice provided to the Administrator or Congress.
``(3) The Board shall ensure that advice and comments reflect the
views of the members and shall encourage dissenting members to make
their views known to the public, the Administrator, and Congress.
``(4) The Board shall conduct periodic reviews to ensure that its
advisory activities are addressing the most important scientific issues
affecting the Environmental Protection Agency.
``(5) The Board shall be fully and timely responsive to
Congress.''.
SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
Passed the House of Representatives March 17, 2015.
Attest:
KAREN L. HAAS,
Clerk. | EPA Science Advisory Board Reform Act of 2015 (Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice. Among the revisions to requirements concerning the Board's membership are the following: a requirement to balance scientific and technical points of view; a set minimum level of representation from state, local, or tribal governments; allowance of affiliation with or representation of entities that may have a potential interest in the Board's advisory activities; conflict of interest restrictions; restrictions on participation in advisory activities involving review of a member's work; restrictions on appointment of registered lobbyists; and prohibitions on member receipt of current EPA grants or contracts. The EPA must make public a list of nominees to the Board and accept public comments on the nominees. Reports filed upon the provisional nomination of a member disclosing financial relationships and interests must also be made public. The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register. The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. The bill imposes additional public participation requirements: The EPA and the Board must make public all reports and relevant scientific information at the same time they are received by the Board. The Board must hold public information-gathering sessions to discuss the state of the science related to a major advisory activity. Prior to convening a member committee or investigative panel, the EPA must accept and address public comments on questions asked of the Board. The Board, member committees, and investigative panels may not accept a question that unduly narrows the scope of an advisory activity. The Board must strive to avoid making policy determinations or recommendations, communicate uncertainties, encourage dissenting members to make their views known, conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and respond to Congress fully and in a timely manner. | {"src": "billsum_train", "title": "EPA Science Advisory Board Reform Act of 2015"} | 2,128 | 554 | 0.663653 | 2.053371 | 0.727988 | 3.208502 | 4.087045 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deposit Insurance Fairness and
Economic Opportunity Act''.
SEC. 2. DIVIDEND OF EXCESS DEPOSIT INSURANCE FUNDS TO INSURED
DEPOSITORY INSTITUTIONS.
Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by inserting after subparagraph (C) the
following:
``(D) Dividend of excess deposit insurance funds.--
``(i) In general.--Notwithstanding
subsection (e)(2), the Board of Directors shall
distribute any excess amounts described in
clause (ii) to insured depository institutions
insured by the Bank Insurance Fund or the
Savings Association Insurance Fund, as
applicable, in the form of a dividend, the
allocation of which shall be made in accordance
with clause (iii).
``(ii) Dividend distribution criteria.--
Excess amounts shall be distributed as
dividends in accordance with this subparagraph
to the extent that--
``(I) the amount of funds in the
Bank Insurance Fund exceeds 1.40
percent of the total estimated deposits
insured by that Fund; and
``(II) the amount of funds in the
Savings Association Insurance Fund
exceeds 1.40 percent of the total
estimated deposits insured by that
Fund.
``(iii) Basis for distribution of
dividend.--
``(I) In general.--Solely for the
purpose of dividend distribution under
this subparagraph, the Corporation
shall determine the relative
contribution of each insured depository
institution to the Bank Insurance Fund
and the Savings Association Insurance
Fund, as applicable, for calculating
the share of the institution of any
dividend determined under this
subparagraph, taking into account the
factors described in subclause (II).
``(II) Factors for distribution.--
In implementing this subparagraph, the
Corporation shall take into account
with respect to an insured depository
institution (including any predecessor
thereto)--
``(aa) the ratio of the
assessment base of the insured
depository institution on
December 31, 1996, that is
attributable to a particular
insurance fund, to the
assessment base attributable to
that insurance fund of all
eligible insured depository
institutions on that date;
``(bb) the total amount of
assessments paid on or after
January 1, 1997, by the insured
depository institution to that
insurance fund;
``(cc) that portion of
assessments paid by the insured
depository institution that
reflects higher levels of risk
assumed by such institution;
and
``(dd) such other factors
as the Corporation may
determine to be appropriate.
``(iv) Rule of construction.--For purposes
of this subparagraph, references to the `Bank
Insurance Fund' and the `Savings Association
Insurance Fund' shall include any successor to
such fund or funds.''.
SEC. 3. REGULATIONS.
The Federal Deposit Insurance Corporation shall promulgate such
regulations as may be necessary to carry out section 7(b)(2)(D) of the
Federal Deposit Insurance Act, as added by this Act. | Deposit Insurance Fairness and Economic Opportunity Act - Amends the Federal Deposit Insurance Act to direct the Board of Directors of the Federal Deposit Insurance Corporation to distribute in the form of a dividend any excess amounts remaining from semiannual assessments imposed upon insured depository institutions (excess deposit insurance funds).
Defines excess amounts as the amount of funds exceeding 1.40 percent of the total estimated deposits insured by theBank Insurance Fund or the Savings Association Insurance Fund. | {"src": "billsum_train", "title": "A bill to amend the Federal Deposit Insurance Act to provide for the return of excess amounts in Federal deposit insurance funds to financial institutions for use in their communities, with such distributions allocated according to the historical basis of contributions made to the funds by such institutions."} | 693 | 96 | 0.616684 | 1.574965 | 1.123705 | 3.207317 | 7.597561 | 0.865854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Retirement Advice
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide that advisors who--
(1) provide advice that is impermissible under the
prohibited transaction provisions under section 406 of the
Employee Retirement Income Security Act of 1974, or
(2) breach the best interest standard for the provision of
investment advice,
are subject to liability under the Employee Retirement Income Security
Act of 1974.
SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Definition of investment advice.--Section 3(21) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(21)) is amended by adding at the end the following:
``(C)(i) For purposes of clause (ii) of subparagraph (A), the term
`investment advice' means a recommendation that--
``(I) relates to--
``(aa) the advisability of acquiring, holding,
disposing, or exchanging any moneys or other property
of a plan by the plan, plan participants, or plan
beneficiaries, including any recommendation whether to
take a distribution of benefits from such plan or any
recommendation relating to the investment of any moneys
or other property of such plan to be distributed from
such plan;
``(bb) the management of moneys or other property
of such plan, including recommendations relating to the
management of moneys or other property to be
distributed from such plan; or
``(cc) the advisability of retaining or ceasing to
retain a person who would receive a fee or other
compensation for providing any of the types of advice
described in this subclause; and
``(II) is rendered pursuant to--
``(aa) a written acknowledgment of the obligation
of the advisor to comply with section 404 with respect
to the provision of such recommendation; or
``(bb) a mutual agreement, arrangement, or
understanding, which may include limitations on scope,
timing, and responsibility to provide ongoing
monitoring or advice services, between the person
making such recommendation and the plan that such
recommendation is individualized to the plan and such
plan intends to materially rely on such recommendation
in making investment or management decisions with
respect to any moneys or other property of such plan.
``(ii) For purposes of clause (i)(II)(bb), any disclaimer of a
mutual agreement, arrangement, or understanding shall only state the
following: `This information is not individualized to you, and you are
not intended to materially rely on this information in making
investment or management decisions.'. Such disclaimer shall not be
effective unless such disclaimer is in writing and is communicated in a
clear and prominent manner and an objective person would reasonably
conclude that, based on all the facts and circumstances, there was not
a mutual agreement, arrangement, or understanding.
``(iii) For purposes of clause (i)(II)(bb), information shall not
be considered to be a recommendation made pursuant to a mutual
agreement, arrangement, or understanding, and such information shall
contain the disclaimer required by clause (ii), if--
``(I) it is provided in conjunction with full and fair
disclosure in writing to a plan, plan participant, or
beneficiary that the person providing the information is doing
so in its marketing or sales capacity, including any
information regarding the terms and conditions of the
engagement of the person providing the information, and that
the person is not intending to provide investment advice within
the meaning of this subparagraph or to otherwise act within and
under the obligations of the best interest standard as
described in this subparagraph;
``(II) the person providing the information is a
counterparty or service provider to the plan in connection with
any transaction based on the information (including a service
arrangement, sale, purchase, loan, bilateral contract, swap (as
defined in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)), or security-based swap (as defined in section 3(a) of the
Securities Exchange Act (15 U.S.C. 78c(a)))), but only if--
``(aa) the plan is represented, in connection with
such transaction, by a plan fiduciary that is
independent of the person providing the information,
and, except in the case of a swap or security-based
swap, independent of the plan sponsor; and
``(bb) prior to such transaction, the independent
plan fiduciary represents in writing to the person
providing the information that it is aware that the
person has a financial interest in the transaction and
that it has determined that the person is not intending
to provide investment advice within the meaning of this
subparagraph or to otherwise act as a fiduciary to the
plan subject to section 404;
``(III) the person providing the information is an employee
of any sponsoring employer or employee organization who
provides the information to the plan for no fee or other
compensation other than the employee's normal compensation;
``(IV) the person providing the information discloses in
writing to the plan fiduciary that the person is not
undertaking to provide investment advice as a fiduciary to the
plan subject to section 404 and the information consists solely
of--
``(aa) making available to the plan, without regard
to the individualized needs of the plan, securities or
other property through a platform or similar mechanism
from which a plan fiduciary may select or monitor
investment alternatives, including qualified default
investment alternatives, into which plan participants
or beneficiaries may direct the investment of assets
held in, or contributed to, their individual accounts;
or
``(bb) in connection with a platform or similar
mechanism described in item (aa)--
``(AA) identifying investment alternatives
that meet objective criteria specified by the
plan, such as criteria concerning expense
ratios, fund sizes, types of asset, or credit
quality; or
``(BB) providing objective financial data
and comparisons with independent benchmarks to
the plan;
``(V) the information consists solely of valuation
information; or
``(VI) the information consists solely of--
``(aa) information described in Department of Labor
Interpretive Bulletin 96-1 (29 C.F.R. 2509.96-1, as in
effect on January 1, 2015), regardless of whether such
education is provided to a plan or plan fiduciary or a
participant or beneficiary;
``(bb) information provided to participants or
beneficiaries regarding the factors to consider in
deciding whether to elect to receive a distribution
from a plan or an individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986) and whether to roll over such
distribution to a plan or an individual retirement plan
(as defined in section 7701(a)(37) of the Internal
Revenue Code of 1986), so long as any examples of
different distribution alternatives are accompanied by
all material facts and assumptions on which the
examples are based; or
``(cc) any additional information treated as
education by the Secretary.''.
(2) Exemption relating to investment advice.--Section
408(b) of the Employee Retirement Income Security Act of 1974
is amended by adding at the end the following:
``(21)(A) Any transaction, including a contract for
service, between a person providing investment advice described
in section 3(21)(A)(ii) and the advice recipient in connection
with such investment advice, and any transaction consisting of
the provision of such investment advice, if the following
conditions are satisfied:
``(i) No more than reasonable compensation is paid
(as determined under section 408(b)(2)) for such
investment advice.
``(ii) If the investment advice is based on a
limited range of investment options (which may consist,
in whole or in part, of proprietary products), such
limitations shall be clearly disclosed to the advice
recipient prior to any transaction based on the
investment advice in the form of a notice that only
states the following: `This recommendation is based on
a limited range of investment options, and the same or
similar investments may be available at a different
cost (greater or lesser) from other sources.'.
``(iii) If the investment advice may result in
variable compensation to the person providing the
investment advice (or any affiliate of such person),
the receipt of such compensation shall be clearly
disclosed to the advice recipient prior to any
transaction based on the investment advice. For
purposes of this subparagraph, clear disclosure of
variable compensation shall include, in a manner
calculated to be understood by the average individual,
each of the following:
``(I) A notice that states only the
following: `This recommendation may result in
varying amounts of fees or other compensation
to the person providing the recommendation (or
its affiliate), and the same or similar
investments may be available at a different
cost (greater or lesser) from other sources.'.
Any regulations or administrative guidance
implementing this subclause may not require
this notice to be updated more than annually.
``(II) A description of any fee or other
compensation that is directly or indirectly
payable to the person (or its affiliate) by the
advice recipient with respect to such
transaction (expressed as an amount, formula,
percentage of assets, per capita charge, or
estimate or range of such compensation).
``(III) A description of the types and
ranges of any compensation that may be directly
or indirectly payable to the person (or its
affiliate) by any third party in connection
with such transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate or range of such
compensation).
``(IV) Upon request of the advice
recipient, a disclosure of the specific amounts
of compensation described in clause (iii) that
the person will receive in connection with the
particular transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate of such compensation).
``(B) No recommendation will fail to satisfy the conditions
described in clauses (i) through (iii) of subparagraph (A)
solely because the person, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information specified in such clauses, provided that the
person discloses the correct information to the advice
recipient as soon as practicable, but not later than 30 days
from the date on which the person knows of such error or
omission.
``(C) Any notice provided pursuant to a requirement under
clause (ii) or clause (iii)(I) of subparagraph (A) shall have
no effect on any other notice otherwise required without regard
to this title, and shall be provided in addition to, and not in
lieu of, any other such notice.
``(D) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--
(1) Modification of certain rules, and rules and
administrative positions promulgated before enactment but not
effective on january 1, 2015, prohibited.--The Department of
Labor is prohibited from amending any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 (including Department of Labor Interpretive Bulletin 96-1
(29 C.F.R. 2509.96-1) and Department of Labor Advisory Opinion
2005-23A), and no such rule or administrative position
promulgated by the Department of Labor prior to the date of the
enactment of this Act but not effective on January 1, 2015, may
become effective unless a bill or joint resolution referred to
in paragraph (3) is enacted as described in such paragraph not
later than 60 days after the date of the enactment of this Act.
(2) General effective date of amendments.--Except as
provided in paragraph (3), the amendments made by subsection
(a) of this section shall take effect on the 61st day after the
date of the enactment of this Act and shall apply with respect
to information provided or recommendations made on or after 2
years after the date of the enactment of this Act.
(3) Exception.--If a bill or joint resolution is enacted
prior to the 61st day after the date of the enactment of this
Act that specifically approves any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 that are not in effect on January 1, 2015, the amendments
made by subsection (a) of this section shall not take effect.
(c) Grandfathered Transactions and Services.--The amendments made
by subsection (a) shall not apply to any service or transaction
rendered, entered into, or for which a person has been compensated
prior to the date on which the amendments made by subsection (a) of
this Act become effective under subsection (b)(2).
(d) Transition.--If the amendments made by subsection (a) of this
section take effect, then nothing in this section shall be construed to
prohibit the issuance of guidance to carry out such amendments so long
as such guidance is necessary to implement such amendments. Until such
time as regulations or other guidance are issued to carry out such
amendments, a plan or a fiduciary shall be treated as meeting the
requirements of such amendments if the plan or fiduciary, as the case
may be, complies with a reasonable good faith interpretation of such
amendments. | Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements related to fiduciaries and the provision of investment advice for employer-sponsored retirement plans. It also prohibits the Department of Labor from implementing regulations changing the definition of "fiduciary" unless Congress affirmatively approves the rule. (Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries.) This bill amends the statutory definition of fiduciary by adding a definition of investment advice. It also adds a new statutory prohibited transaction exemption for transactions related to the provision of investment advice. (Sec. 2) The bill specifies that the purpose is to provide that advisors are subject to liability under ERISA if they: (1) provide advice that is impermissible under the prohibited transaction provisions, or (2) breach the best interest standard for the provision of investment advice. (Sec. 3) The bill defines "investment advice," as it relates to fiduciary duties under ERISA, as a recommendation that relates to: the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation on whether to take a distribution of benefits from the plan or any recommendation relating to the investment of any moneys or other property of the plan to be distributed from the plan; the management of moneys or other property of the plan, including recommendations relating to the management of moneys or other property to be distributed from the plan; or the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of these types of advice. For a recommendation to be considered investment advice, it must be rendered pursuant to either: a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or a mutual agreement, arrangement, or understanding (which may include limitations on the scope, timing, and responsibility to provide ongoing monitoring or advice services) between the person making the recommendation and the plan that the recommendation is individualized to the plan and the plan intends to materially rely on the recommendation in making investment or management decisions with respect to any moneys or other property of the plan. Any disclaimer of a mutual agreement, arrangement, or understanding with respect to a recommendation must be limited to specified language indicating that the information is not individualized or intended to be materially relied on in making investment or management decisions for the plan. The bill specifies circumstances under which information that is provided with certain disclosures, by certain individuals, or that is limited to certain non-individualized content is not treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding for purposes of the definition of investment advice and must include a disclaimer. The bill establishes an exemption from ERISA prohibited transactions rules for certain transactions related to the provision of investment advice if the following conditions are met: no more than reasonable compensation is paid for the advice; if the advice is based on a limited range of investment options, which may consist of proprietary products, the limitations are clearly disclosed to the recipient prior to any transaction based on the advice using a notice that also indicates that the same or similar investments may be available at a different cost from other sources; and if the advice may result in variable compensation to the investment advisor, the receipt of the compensation is clearly disclosed to the advice recipient prior to any transaction based on the advice. A recommendation will not fail to qualify for the exemption solely because the person, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the required information if the disclosure occurs as soon as practicable, but not later than 30 days after the person knows of the error or omission. The Department of Labor may not amend any rules or administrative positions promulgated under, or applicable for purposes of, the ERISA statutory definition of fiduciary. No rule or administrative position promulgated by DOL on the subject before the date of enactment of the bill but not effective on January 1, 2015, may become effective unless legislation specifically approving the rules or administrative positions is enacted no later than 60 days after the enactment of this bill. The bill sets forth effective dates and transition rules. | {"src": "billsum_train", "title": "Affordable Retirement Advice Protection Act"} | 3,037 | 996 | 0.736181 | 2.569373 | 0.736843 | 4.065574 | 3.313817 | 0.899297 |
SECTION 1. REDUCTION OF MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed on taxable income reduced by
the net capital gain, at the rates and in the same
manner as if this subsection had not been enacted,
``(B) 7.5 percent of so much of the taxpayer's net
capital gain (or, if less, taxable income) as does not
exceed the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this paragraph) be
taxed at a rate of 15 percent or less, over
``(ii) the amount on which tax is
determined under subparagraph (A), plus
``(C) 15 percent of the taxpayer's net capital gain
(or, if less, taxable income) in excess of the amount
of capital gain on which tax is determined under
subparagraph (B).
``(2) Net capital gain taken into account as investment
income.--For purposes of this subsection, the net capital gain
for any taxable year shall be reduced (but not below zero) by
the amount which the taxpayer elects to take into account as
investment income for the taxable year under section
163(d)(4)(B)(iii).''.
(b) Minimum Tax.--Subparagraph (A) of section 55(b)(1) of the
Internal Revenue Code of 1986 (relating to amount of tentative tax) is
amended by redesignating clauses (ii) and (iii) as clauses (iii) and
(iv), respectively, and by inserting after clause (i) the following new
clause:
``(ii) Maximum rate of tax on net capital
gain.--The amount determined under the first
sentence of clause (i) shall not exceed the sum
of--
``(I) the amount determined under
such first sentence computed at the
rates and in the same manner as if this
clause had not been enacted on the
taxable excess reduced by the net
capital gain, plus
``(II) a tax of 15 percent of the
lesser of the net capital gain or the
taxable excess.''
(2) Conforming amendment.--Section 55(b) of such Code is
amended by striking paragraph (3).
(c) Conforming Amendments.--
(1) Paragraph (1) of section 1445(e) of the Internal
Revenue Code of 1986 is amended by striking ``20 percent'' and
inserting ``15 percent''.
(2)(A) The second sentence of section 7518(g)(6)(A) is
amended by striking ``20 percent'' and inserting ``15
percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended by striking ``20 percent''
and inserting ``15 percent''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years ending after December 31, 2001.
(2) Withholding.--The amendment made by subsection (c)(1)
shall apply to amounts paid after the date of the enactment of
this Act.
SEC. 2. DECREASE IN HOLDING PERIOD REQUIRED FOR LONG-TERM CAPITAL GAIN
TREATMENT.
(a) In General.--
(1) Capital gain.--Paragraphs (1) and (3) of section 1222
of the Internal Revenue Code of 1986 (relating to other terms
relating to capital gains and losses) are each amended by
striking ``1 year'' and inserting ``1 month''.
(2) Capital losses.--Paragraphs (2) and (4) of section 1222
of such Code are each amended by striking ``1 year'' and
inserting ``1 month''.
(b) Conforming Amendments.--The following provisions of the
Internal Revenue Code of 1986 are each amended by striking ``1 year''
each place it appears and inserting ``1 month'':
(1) Section 166(d)(1)(B).
(2) Section 422(a)(1).
(3) Section 423(a)(1).
(4) Section 584(c).
(5) Subsections (b) and (c) of section 631.
(6) Section 642(c)(3).
(7) Paragraphs (1) and (2) of section 702(a).
(8) Section 818(b)(1).
(9) Section 852(b)(3)(B).
(10) Section 857(b)(3)(B).
(11) Paragraphs (11) and (12) of section 1223.
(12) Section 1231.
(13) Subsections (b), (d), and (e)(4)(A) of section 1233.
(14) Section 1234(b)(1).
(15) Section 1235(a).
(16) Section 1246(a)(4).
(17) Section 1247(i).
(18) Subsections (b) and (g)(2)(C) of section 1248.
(c) Technical Amendment.--The first sentence of section 631(a) of
the Internal Revenue Code of 1986 is amended by striking ``for a period
of more than one year'' and inserting ``on the first day of such year
and for a period of more than 1 month before such cutting''.
(d) Effective Date.--The amendments made by this section shall
apply to dispositions after December 31, 2001. | Amends the Internal Revenue Code of 1986 to: (1) revise a specified formula in order to reduce the maximum capital gains rates for individuals; and (2) decrease from one year to one month the holding period required for long-term capital gain treatment. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to reduce the maximum capital gains rates for individual taxpayers and to reduce the holding period for long-term capital gain treatment to 1 month, and for other purposes."} | 1,299 | 53 | 0.527643 | 1.203412 | 0.413515 | 3.862745 | 22.27451 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Immigration Accountability and
Transparency Act of 2013''.
SEC. 2. TRANSPARENCY REQUIREMENT FOR IMMIGRATION POLICY DIRECTIVES.
(a) Reporting Requirement.--The Secretary of Homeland Security
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives an annual report on immigration policy
directives.
(b) Matters Covered.--The report required by subsection (a) shall
include, at a minimum--
(1) statistics on the removal of aliens from the United
States during the 10-year period preceding the date of
submission of the report, including the number of aliens placed
in removal proceedings but not removed;
(2) statistics and a cost-benefit analysis regarding the
use of Federal funds to implement each immigration policy
directive issued by the Department of Homeland Security during
the period beginning on January 20, 2009, and ending on the
date of submission of the report;
(3) the number of aliens unlawfully present or without
lawful status in the United States with an immigration status
that was modified or otherwise adjusted as a result of each
such policy directive, including an identification of the new
status assigned to each such alien;
(4) the number of aliens unlawfully present or without
lawful status in the United States who applied for and were
denied relief as a result of each such policy directive, and
the percentage of such aliens against whom removal proceedings
were initiated;
(5) for each alien denied relief under paragraph (4)
against whom removal proceedings were not initiated, an
explanation of why such action was not taken and a listing of
the final determination made in such alien's case, if any;
(6) the number of cases in the Executive Office for
Immigration Review of the Department of Justice that were
administratively closed as a result of each such policy
directive and an identification of the new status or statuses
assigned to the aliens in such cases;
(7) statistics on aliens unlawfully present or without
lawful status in the United States released from prisons or
administrative detention centers since January 20, 2009,
including--
(A) the number of such aliens convicted or formally
accused of a violent crime; and
(B) the number of such aliens released in each
State; and
(8) detailed information on the methods used to compile and
calculate the information described in paragraphs (1), (2),
(3), (4), (5), (6), and (7).
(c) Public Availability.--The report required by subsection (a)
shall be made publicly available.
(d) Reporting Deadline.--The Secretary shall submit the first
report required by subsection (a) not later than 90 days after the date
of the enactment of this Act.
(e) Removal of Aliens From the United States.--In this Act, the
term ``removal of aliens from the United States'' does not include
individuals who are denied admission upon being inspected by an
immigration officer at the border of the United States.
SEC. 3. ACCOUNTABILITY REQUIREMENTS FOR IMMIGRATION POLICY DIRECTIVES.
(a) Treatment of an Immigration Policy Directive as a Rule.--For
purposes of chapters 5, 6, 7, and 8 of title 5, United States Code, an
immigration policy directive shall be treated as a rule.
(b) Notice Requirement.--In publishing a general notice of proposed
rule making as required under section 553 of title 5, United States
Code, for an immigration policy directive, the Secretary of Homeland
Security shall include a report that--
(1) describes with reasonable detail the actions the
Department of Homeland Security plans to take to implement and
enforce the policy directive;
(2) indicates whether the policy directive states a new or
changed policy regarding the enforcement of any Federal law,
and if so, provides a citation to such law; and
(3) estimates the number of aliens present in the United
States with an immigration status that will be modified as a
result of the policy directive and identifies the new status or
statuses to be assigned to such aliens.
SEC. 4. DEFINITIONS.
In this Act:
(1) Immigration policy directive.--The term ``immigration
policy directive'' means any communication that is not a rule,
issued by the Department of Homeland Security or any agency or
office within the Department, regarding the administration or
enforcement of immigration law or policy, including memoranda,
statements, and guidance documents.
(2) Rule.--The term ``rule'' has the meaning provided in
section 551 of title 5, United States Code. | DHS Immigration Accountability and Transparency Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit to Congress an annual report on DHS immigration policy directives. States that for specified purposes an immigration policy directive shall be treated as a rule. | {"src": "billsum_train", "title": "DHS Immigration Accountability and Transparency Act of 2013"} | 1,005 | 58 | 0.475197 | 1.120917 | 0.572266 | 3.319149 | 20.361702 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Annual Assay Commission Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is in the national interest for the citizens of the
Nation, and those who purchase products of the United States
Mint, to know that gold, silver, and platinum coinage produced
by the several United States mints are of the proper size,
weight, and purity provided for by law.
(2) From 1792 until 1977, an annual assay commission, as
first required by the Act entitled ``An Act establishing a
Mint, and regulating the Coins of the United States'' and
approved April 2, 1792, performed such functions, until such
time as there were no precious metal coins regularly being
produced by the United States mints.
(3) Since 1977, the United States Mint has begun regular
production of bullion coinage comprised of .999 fine silver,
.9995 fine platinum, and gold of either .900 or .999 fine.
(4) Since 1982, the United States Mint has produced
millions of gold and silver commemorative coins that have sold
to collectors and others on the primary market for more than
$1,000,000,000.
(5) It is desirable to involve numismatists, and others, in
the process of marketing and merchandising of coins, of which
an annual assay is an important component part.
(6) There is a marketing need for an annual ceremony to
attest that the coins produced by the several United States
mints are manufactured in conformity with their statutory
requirements, to publicize the same, and to involve the general
and numismatic public in the annual assay and its report.
SEC. 3. ANNUAL ASSAY REQUIRED.
(a) In General.--To secure conformity in the composition and weight
of the minor coinage of the United States, subsidiary denominations,
dollar coins, and coins struck in silver, gold, platinum and other
precious metals, an annual assay shall be held in the manner provided
in subsection (b)(4) to test and examine, in the presence of the
Director of the Mint, the fineness and weight of the coins reserved by
the several mints for this purpose.
(b) Assay Commission.--
(1) Membership and appointment.--
(A) In general.--The annual assay required under
subsection (a) shall be conducted by an assay
commission consisting of such number of members as the
President may determine to be appropriate, not to
exceed 25, who shall be appointed by the President.
(B) Representation of numismatists.--At least \1/2\
of the members of the assay commission shall be
appointed from among individuals who are, by reason of
education, training, or experience, amateur or
professional numismatists.
(2) Terms.--Members of the assay commission shall--
(A) be appointed each year by the President to
serve for that year only; and
(B) not be eligible for re-appointment until a
period of not less than 5 years has passed since their
most recent appointment expired.
(3) Service without compensation.--Members of the assay
commission shall serve without pay, except that such members
shall be entitled to receive, in accordance with section 5703
of title 5, United States Code, travel or transportation
expenses, or a per diem allowance in lieu of expenses, while
away from such member's home or place of business in connection
with such member's service on the assay commission.
(4) Meetings of assay commission.--
(A) In general.--The assay commission shall meet on
the second Wednesday in February of each year, to carry
out the duties of the commission under this section.
(B) Location.--The meeting of the assay commission
shall be convened at any United States mint, or at the
United States Mint in Washington, D.C., as determined
by the Director of the Mint.
(C) Continuation following adjournment.--The
meeting of the assay commission may continue following
adjournment if necessary.
(D) Other meetings.--If a majority of the members
of the assay commission fail to attend any meeting
scheduled pursuant to subparagraph (A), the Director of
the Mint shall call a meeting of the commissioners at
such other time as the Director determines to be
convenient.
(5) Expenses of assay commission.--The expenses of the
assay commission which the Secretary determines are reasonable
and appropriate shall be paid by the Secretary from the United
States Mint Public Enterprise Fund under section 5136 of title
31, United States Code.
(c) Selection and Transfer of Coins.--
(1) In general.--In accordance with regulations prescribed
by the Secretary of the Treasury, each superintendent of a
United States mint shall select and transfer, without
examination and discrimination, specimens of coins in the
manner described in paragraphs (2) and (3) for assay at trial
to the Office of the Director of the Mint in Washington, D.C.
(2) Certain circulating coins.--For each issue of
circulating coins, other than 1-cent and 5-cent coins, by any
United States mint, specimen coins for special assay and
testing shall be taken at random as follows:
(A) In the case of dollar coins, half dollar coins,
and quarter dollar coins, not less than 2 coins for
each 200,000 pieces or fraction thereof issued.
(B) In the case of dime coins, not less than 2
coins for each 400,000 pieces or fraction thereof
issued.
(3) Other coins.--For each issue of coins not described in
subparagraph (A) by any United States mint, including bullion
coins and special numismatic coins, specimen coins for the
examination and testing shall be taken at random in such
quantities as the Secretary of the Treasury shall direct, but
not less than 10 coins of each quality of coin struck at each
facility of the United States Mint producing such coins.
(4) Manner of selection and transfer.--The selection of
specimen coins under this subsection shall be made by a
superintendent of a United States mint under this section, or
by a representative designated by such superintendent, in the
presence of the assayer or person who performs such assay
function, or by a representative designated by the assayer or
other person, without testing and the coins so selected
selection shall be protected from attrition and enclosed in
envelopes which shall be sealed and labeled to show the place
of coinage, the date, number, and amount of delivery, and the
number and denomination of the pieces enclosed.
(d) Procedure Following Examination and Testing.--
(1) Standardized fineness and weight.--If it appears to the
assay commission, after examination and testing, that the coins
presented to the assay commission coins do not differ from the
standard fineness and weight by a greater quantity than is
permitted by such regulations as the Secretary of the Treasury
may from time to time prescribe, the trial by the assay
commission shall be considered and reported as satisfactory.
(2) Deviation.--If, after the examination and testing
referred to in paragraph (1), it appears to the assay
commission that any coin differs from the standard fineness and
weight by a greater quantity than is permitted by the
regulations referred to in such paragraph, this fact shall be
certified to the Director of the Mint and the Secretary of the
Treasury, and the Secretary shall take such action as is
appropriate to rectify the cause.
(e) Laboratory Tests of Additional Specimen Coins.--In addition to
the specimen coins selected under other provisions of this subsection,
specimen coins, as either proof or uncirculated pieces, may be
forwarded promptly to the Director of the Mint for laboratory testing
as to their conformity in composition and weight with the requirements
of law.
(f) Annual Report.--
(1) Report required.--The Director of the Mint shall
prepare and publish an annual report containing the report of
the assay commission for such year and the results of
laboratory tests conducted pursuant to subsection (e).
(2) Submission to the congress.--Each report prepared
pursuant to paragraph (1) shall be submitted to the Congress.
SEC. 4. PRODUCTION OF ASSAY COMMISSION MEDALS.
The Director of the Mint may continue the practice of producing
assay commission medals for the members of the assay commission, if
bronze copies of such medals are made available for sale to the general
public. | Annual Assay Commission Act - Sets forth procedural guidelines under which an assay commission appointed by the President shall conduct an annual assay to test and examine, in the presence of the Director of the Mint, the fineness and weight of coins reserved by the several mints, in order to secure conformity in the composition and weight of U.S. coinage.Authorizes the Director to continue the practice of producing assay commission medals for assay commission members if bronze copies of such medals are made available for sale to the general public. | {"src": "billsum_train", "title": "To reestablish the annual assay commission."} | 1,837 | 119 | 0.610592 | 1.759316 | 0.596891 | 5.729167 | 17.635417 | 0.916667 |
SECTION 1. CERTAIN CHEMICALS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.07.31 Mixtures of zinc Free No change No change On or before 12/ ...
dialkyldithiophos 31/2009
phate (CAS No.
6990-43-8) with
an elastomer
binder of
ethylene-
propylene-diene
monomer and ethyl
vinyl acetate,
dispersing agents
and silica
(provided for in
subheading
3812.10.50)......
9902.07.32 Mixtures of Free No change No change On or before 12/ ...
dithiocarbamate, 31/2009
thiazole, thiuram
and thiourea with
an elastomer
binder of
ethylene-
propylene-diene
monomer and ethyl
vinyl acetate,
and dispersing
agents (provided
for in subheading
3812.10.50)......
9902.07.33 Mixtures of Free No change No change On or before 12/ ...
caprolactam 31/2009
disulfide (CAS
No. 23847-08-7)
with an elastomer
binder of
ethylene-
propylene-diene
monomer and ethyl
vinyl acetate,
and dispersing
agents (provided
for in subheading
3812.10.50)......
9902.07.34 Mixtures of N-(3,4- Free No change No change On or before 12/ ...
dichloro-phenyl)- 31/2009
N,N-dimethylurea
(CAS No. 330-54-
1) with acrylate
rubber (provided
for in subheading
3812.10.50)......
9902.07.35 Mixtures of zinc Free No change No change On or before 12/ ...
dicyanato 31/2009
diammine (CAS No.
122012-52-6) with
an elastomer
binder of
ethylene-
propylene-diene
monomer and ethyl
vinyl acetate,
and dispersing
agents (provided
for in subheading
3812.10.50)......
9902.07.36 4,8-Dicyclohexyl - Free No change No change On or before 12/ ...
6-2,10-dimethyl - 31/2009
12H-dibenzo
[d,g][1,3,2]dioxa
phosphocin (CAS
No. 73912-21-7)
(provided for in
subheading
2920.90.50)......
9902.07.37 Mixtures of Free No change No change On or before 12/ ...
Benzenesulfonic 31/2009
acid, dodecyl-,
with 2-
aminoethanol (CAS
No. 26836-07-7)
and Poly (oxy-1,2-
ethanediyl), a-
[(9Z)-1-oxo-9-
octadecenyl]-w-
hydroxy- (CAS No.
9004-96-0)
(provided for in
subheading
3402.90.50)......
9902.07.39 1,3-Dihydro-3,3- Free No change No change On or before 12/ ''.
bis (4-hydroxy-m- 31/2009
tolyl)-2H-indol-2-
one (CAS No.
47465-97-4)
(provided for in
subheading
2933.79.15)......
(b) Effective Date.--The amendment made by subsection (a) applies
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, 2009, the duty on: (1) mixtures of zinc dialkyldithiophosphate with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, dispersing agents and silica; (2) mixtures of dithiocarbamate, thiazole, thiuram and thiourea with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (3) mixtures of caprolactam disulfide with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (4) mixtures of N-(3,4-dichloro-phenyl)-N,N-dimethylurea; (5) mixtures of zinc dicyanato diammine with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (6) 4,8-Dicyclohexyl -6-2,10-dimethyl -12H-dibenzo [d,g][1,3,2]dioxaphosphocin; (7) mixtures of Benzenesulfonic acid, dodecyl-, with 2-aminoethanol and Poly (oxy-1,2-ethanediyl), a-[(9Z)-1-oxo-9- octadecenyl]-w-hydroxy-; and (8) 1,3-Dihydro-3,3-bis (4-hydroxy-m-tolyl)-2H-indol-2-one. | {"src": "billsum_train", "title": "To suspend temporarily the duty on certain chemicals."} | 857 | 437 | 0.647837 | 2.184741 | 0.5866 | 2.131222 | 2.909502 | 0.846154 |
SECTION 1. FINDINGS.
The Congress finds that:
(1) Protection of the environmental and ecological
qualities of Federal lands are important concerns for all
people.
(2) Reviewing the environmental impact of proposed
transmission facilities is a vital task which must be conducted
in a thorough and comprehensive manner.
(3) A thorough and comprehensive review of these effects
can be conducted in a timely manner without sacrificing the
quality of the review.
(4) There is currently no requirement that Federal agencies
complete environmental reviews for proposed transmission
facilities in a timely manner.
(5) The length of time for completion of these reviews
varies widely, with agencies taking as long as ten years to
complete these reviews.
(6) There are cases of Federal agencies conducting
environmental reviews in a subsequent, rather than concurrent,
manner and failing to coordinate their reviews with State
authorities and other Federal agencies.
(7) The electricity transmission grid must be expanded to
ensure reliable supplies of electricity.
(8) The Federal Government currently owns approximately 29
percent of the land area of the United States including 90
percent of Nevada, 70 percent of Arizona, and similarly large
percentages of other Western States.
(9) Because of the large Federal land holdings in the West,
transmission facilities must often be built on Federal lands.
(10) Appointment of a lead agency to coordinate the
environmental reviews of Federal agencies will lead to more
thorough, comprehensive and timely reviews.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this act rests are the powers
of Congress to make all needful rules and regulations respecting the
territory or other property belonging to the United States as
enumerated in article IV, section 3 and to make all laws which shall be
necessary and proper as enumerated in article I, section 8 of the
United States Constitution.
SEC. 3. FEDERAL AND STATE COORDINATION OF PERMITTING FOR TRANSMISSION
FACILITIES.
(a) Lead Agency.--If an applicant, or prospective applicant, for
Federal authorization related to an electricity transmission or
distribution facility so requests, the Department of Energy (DOE) shall
act as the lead agency for purposes of coordinating all applicable
Federal authorization and related environmental review of the facility.
The term ``Federal authorization'' shall mean any authorization
required under Federal law in order to site a transmission or
distribution facility, including but not limited to such permits,
special use authorizations, certifications, opinions, or other
approvals as may be required, whether issued by a Federal or a State
agency. To the maximum extent practicable, the Secretary of Energy
shall coordinate this Federal authorization and review process with any
Indian tribes, multi-State entities, and State agencies that are
responsible for conducting any separate permitting and environmental
reviews of the facility, to ensure timely and efficient review and
permit decisions.
(b) Authority to Set Deadlines.--As lead agency, the Department of
Energy, in consultation with other Federal and, as appropriate, with
Indian tribes, multi-State entities, and State agencies that are
willing to coordinate their own separate permitting and environmental
reviews with the Federal authorization and environmental reviews, shall
establish prompt and binding intermediate milestones and ultimate
deadlines for the review of and Federal authorization decisions
relating to the proposed facility. Notwithstanding any other provision
of law, the Secretary of Energy shall ensure that once an application
has been submitted with such data as the Secretary deems necessary, all
permit decisions and related environmental reviews under all applicable
Federal laws shall be completed within 1 year. The Secretary of Energy
also shall provide a speedy pre-application mechanism for prospective
applicants to confer with the agencies involved to have each such
agency determine and communicate to the prospective applicant within 60
days of when the prospective applicant submits a request for such
information concerning--
(1) the likelihood of approval for a potential facility;
and
(2) key issues of concern to the agencies and public.
(c) Consolidated Environmental Review and Record of Decision.--The
Secretary of Energy shall prepare a single environmental review
document, which shall be used as the basis for all decisions on the
proposed project under Federal law. The document may be an
environmental assessment or environmental impact statement under the
National Environmental Policy Act if warranted, or such other form of
analysis as may be warranted. DOE and other agencies shall streamline
the review and permitting of transmission and distribution facilities
within corridors designated under section 503 of the Federal Land
Policy and Management Act (43 U.S.C. section 1763) by fully taking into
account prior analyses and decisions as to the corridors.
(d) Appeals.--In the event that any agency has denied a Federal
authorization required for a transmission or distribution facility, or
has failed to act by the deadline established by the Secretary pursuant
to this section for deciding whether to issue the authorization, the
applicant or any State in which the facility would be located may file
an appeal with the Secretary of Energy, which shall review the denial
or take action on the pending application. Based on the overall record
and in consultation with the affected agency, the Secretary may then
either issue the necessary authorization with or without appropriate
conditions, or may deny the application. The Secretary shall issue its
decision within 90 days of the filing of the appeal.
(e) Conforming Regulations and Memoranda of Agreement.--Not later
than 18 months after the date of enactment of this section, the
Secretary of Energy shall issue any regulations necessary to implement
the foregoing provisions. Not later than 1 year after the date of
enactment of this section, the Secretary and the heads of all relevant
Federal departments and non-departmental agencies shall, and interested
Indian tribes, multi-State entities, and State agencies may, enter into
Memoranda of Agreement to ensure the timely and coordinated review and
permitting of electricity transmission and distribution facilities. The
head of each Federal department or non-departmental agency with
approval authority shall designate a senior responsible official and
dedicate sufficient other staff and resources to ensure that the DOE
regulations and any Memoranda are fully implemented.
(f) Miscellaneous.--Each Federal authorization for an electricity
transmission or distribution facility shall be issued for a duration,
as determined by the Secretary of Energy, commensurate with the
anticipated use of the facility and with appropriate authority to
manage the right-of-way for reliability and environmental protection.
Further, when such authorizations expire, they shall be reviewed for
renewal taking fully into account reliance on such electricity
infrastructure, recognizing its importance for public health, safety
and economic welfare and as a legitimate use of Federal lands.
(g) Maintaining and Enhancing the Transmission Infrastructure.--In
exercising the responsibilities under this section, the Secretary of
Energy shall consult regularly with the Federal Energy Regulatory
Commission (FERC) and FERC-approved Regional Transmission Organizations
and Independent System Operators on changes to the national grid that
will improve reliability, relieve congestion, and enhance the
capability of the grid to deliver electricity. | Designates the Department of Energy (DOE) as the lead agency for purposes of coordinating all applicable Federal authorization and related environmental review of a proposed electricity transmission or distribution facility upon request of a current or prospective applicant for Federal authorization related to such a facility.
Instructs DOE to establish prompt and binding intermediate milestones and ultimate deadlines for the review of and Federal authorization decisions relating to the proposed facility.
Sets a one-year deadline for completion of all permit decisions and related environmental reviews regarding an application.
Requires the Secretary of Energy to consult regularly with the Federal Energy Regulatory Commission (FERC) and FERC-approved Regional Transmission Organizations and Independent System Operators on changes to the national grid that will improve reliability, relieve congestion, and enhance the capability of the grid to deliver electricity. | {"src": "billsum_train", "title": "To amend the Federal Power Act to provide for Federal and State coordination of permitting for electric transmission facilities, and for other purposes."} | 1,470 | 171 | 0.489248 | 1.48647 | 0.840511 | 6.390728 | 9.397351 | 0.94702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Executive Service Diversity
Assurance Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the Government Accountability Office--
(A) minorities made up 22.5 percent of the
individuals serving at the GS-15 and GS-14 levels and
15.8 percent of the Senior Executive Service in 2007;
(B) women made up 34.3 percent of the individuals
serving at the GS-15 and GS-14 levels and 29.1 percent
of the Senior Executive Service in 2007; and
(C) although the number of career Senior Executive
Service members increased from 6,110 in 2,000 to 6,555
in 2007, the representation of African-American men in
the career Senior Executive Service declined during
that same period from 5.5 percent to 5.0 percent; and
(2) according to the Office of Personnel Management--
(A) black employees represented 6.1 percent of
employees at the Senior Pay levels and 17.8 percent of
the permanent Federal workforce compared to 10.1
percent in the civilian labor force in 2007;
(B) Hispanic employees represented 4.0 percent of
employees at the Senior Pay levels and 7.8 percent of
the permanent Federal workforce compared to 13.3
percent of the civilian labor force in 2007; and
(C) women represented 28.2 percent of employees at
the Senior Pay levels and 43.9 percent of the permanent
Federal workforce compared to 45.7 percent of the
civilian labor force in 2007.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Senior Executive Service'' has the meaning
given such term by section 2101a of title 5, United States
Code;
(3) the terms ``agency'', ``career appointee'', and
``career reserved position'' have the meanings given them by
section 3132 of title 5, United States Code; and
(4) the term ``SES Resource Office'' means the Senior
Executive Service Resource Office, established under section 4.
SEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Director shall establish within the Office
of Personnel Management an office to be known as the Senior Executive
Service Resource Office. The mission of the SES Resource Office shall
be--
(1) to improve the efficiency, effectiveness, and
productivity of the Senior Executive Service through policy
formulation and oversight;
(2) to advance the professionalism of the Senior Executive
Service; and
(3) to ensure that, in seeking to achieve a Senior
Executive Service reflective of the Nation's diversity,
recruitment is from qualified individuals from appropriate
sources.
(b) Functions.--It shall be the function of the SES Resource Office
to make recommendations to the Director with respect to regulations,
and to provide guidance to agencies, concerning the structure,
management, and diverse composition of the Senior Executive Service. In
order to carry out the purposes of this section, the SES Resource
Office shall--
(1) take such actions as the SES Resource Office considers
necessary to manage and promote an efficient, elite, and
diverse corps of senior executives by--
(A) creating policies for the management and
improvement of the Senior Executive Service;
(B) providing oversight of the performance,
structure, and composition of the Senior Executive
Service; and
(C) providing guidance and oversight to agencies in
the management of senior executives and candidates for
the Senior Executive Service;
(2) be responsible for the policy development, management,
and oversight of the Senior Executive Service pay system;
(3) develop standards for certification of each agency's
Senior Executive Service performance management system and
evaluate all agency applications for certification;
(4) be responsible for developing and monitoring programs
for the advancement and training of senior executives,
including the Senior Executive Service Federal Candidate
Development Program;
(5) provide oversight of, and guidance to, agency executive
resources boards;
(6) be responsible for the administration of the
qualifications review board;
(7) establish and maintain annual statistics (in a form
that renders them useful to appointing authorities and
candidates) on--
(A) the total number of career reserved positions
at each agency;
(B) the total number of vacant career reserved
positions at each agency;
(C) of the positions under subparagraph (B), the
number for which candidates are being sought;
(D) the number of individuals who have been
certified in accordance with section 3393(c) of title
5, United States Code, and the composition of that
group of individuals with regard to race, ethnicity,
sex, age, and individuals with disabilities;
(E) the composition of the Senior Executive Service
with regard to race, ethnicity, sex, age, and
individuals with disabilities;
(F) the composition of executive resources boards
with regard to race, ethnicity, sex, and individuals
with disabilities; and
(G) the composition of qualifications review boards
with regard to race, ethnicity, sex, and individuals
with disabilities;
(8) make available to the public through the official
public internet site of the Office of Personnel Management, the
data collected under paragraph (7);
(9) establish mentoring programs for potential candidates
for the Senior Executive Service, including candidates who have
been certified as having the executive qualifications necessary
for initial appointment as a career appointee under a program
established pursuant to section 3396(a) of title 5, United
States Code;
(10) conduct a continuing program for the recruitment of
women, members of racial and ethnic minority groups, and
individuals with disabilities for Senior Executive Service
positions, with special efforts directed at recruiting from
educational institutions, professional associations, and other
sources;
(11) advise agencies on the best practices for an agency in
utilizing or consulting with an agency's equal employment or
diversity office or official (if the agency has such an office
or official) with regard to the agency's Senior Executive
Service appointments process; and
(12) evaluate and implement strategies to ensure that
agencies conduct appropriate outreach to other agencies to
identify candidates for Senior Executive Service positions.
(c) Protection of Individually Identifiable Information.--For
purposes of subsection (b)(8), the SES Resource Office may combine data
for any agency that is not named in section 901(b) of chapter 31,
United States Code, to protect individually identifiable information.
(d) Cooperation of Agencies.--The head of each agency shall provide
the Office of Personnel Management with such information as the SES
Resource Office may require in order to carry out subsection (b)(7).
SEC. 5. CAREER APPOINTMENTS.
(a) Promoting Diversity in the Career Appointments Process.--
Section 3393 of title 5, United States Code, is amended--
(1) in subsection (b), by inserting after the first
sentence the following: ``In establishing an executive
resources board, the head of the agency shall, to the extent
practicable, ensure diversity of the board and of any subgroup
thereof or other evaluation panel related to the merit staffing
process for career appointees, by including members of racial
and ethnic minority groups, women, and individuals with
disabilities.''; and
(2) in subsection (c)(1), by adding after the last sentence
the following: ``Consideration should also be given to
improving diversity by including members of racial and ethnic
minority groups, women, and individuals with disabilities on
qualifications review boards.''.
(b) Regulations.--Within 1 year after the date of the enactment of
this Act, the Director shall promulgate regulations to implement
subsection (a) and to improve diversity in executive resources boards
and qualifications review boards.
(c) Report.--Within 1 year after the date of the enactment of this
Act, the Director shall submit to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
evaluating agency efforts to improve diversity in executive resources
boards and of the members designated by agencies to serve on
qualifications review boards, based on the information collected by the
SES Resource Office under subparagraphs (F) and (G) of section 4(b)(7).
SEC. 6. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE.
(a) Senior Executive Service Diversity Plans.--Within 1 year after
the date of the enactment of this Act, each agency, in consultation
with the Office of Personnel Management, shall submit to the Office of
Personnel Management a plan to enhance and maximize opportunities for
the advancement and appointment of minorities, women, and individuals
with disabilities in the agency to the Senior Executive Service. Agency
plans shall address how the agency is identifying and eliminating
barriers that impair the ability of minorities, women, and individuals
with disabilities to obtain appointments to the Senior Executive
Service and any actions the agency is taking to provide advancement
opportunities, including--
(1) conducting outreach to minorities, women, and
individuals within the agency and outside the agency;
(2) establishing and maintaining training and education
programs to foster leadership development;
(3) identifying career enhancing opportunities for agency
employees;
(4) assessing internal availability of candidates for
Senior Executive Service positions; and
(5) conducting an inventory of employee skills and
addressing current and potential gaps in skills and the
distribution of skills.
Agency plans shall be updated at least every 2 years during the 10
years following enactment of this Act. An agency plan shall be reviewed
by the Office of Personnel Management and, if determined to provide
sufficient assurances, procedures, and commitments to provide adequate
opportunities for the advancement and appointment of minorities, women,
and individuals with disabilities to the Senior Executive Service,
shall be approved by such Office. An agency may, in updating its plan,
submit to the Office of Personnel Management an assessment of the
impacts of the plan.
(b) Summary and Evaluation.--Within 180 days after the deadline for
the submission of any report or update under subsection (a), the
Director shall transmit to the Committee on Oversight and Government
Reform of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report summarizing
and evaluating the agency plans or updates (as the case may be) so
submitted.
(c) Coordination.--The Office of Personnel Management shall, in
carrying out subsection (a), evaluate existing requirements under
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and
section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
determine how agency reporting can be performed so as to be consistent
with, but not duplicative of, such sections and any other similar
requirements.
Passed the House of Representatives June 3, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Senior Executive Service Diversity Assurance Act - Requires the Director of the Office of Personnel Management (OPM) to establish within OPM the Senior Executive Service Resource Office to make recommendations to the Director with respect to regulations, and to provide guidance to agencies, concerning the structure, management, and diverse composition of the Senior Executive Service (SES).
Makes it the Office's mission to: (1) improve the efficiency, effectiveness, and productivity of the SES through policy formulation and oversight; (2) advance the professionalism of the SES; and (3) ensure that, in seeking to achieve an SES reflective of the nation's diversity, recruitment is from qualified individuals from appropriate sources.
Requires the Office to make statistics concerning career reserved positions accessible to the public through the official public website of OPM.
Revises the career appointments recruiting process to require agency heads to ensure diversity of executive resources boards, and any subgroup or other evaluation panel related to the merit staffing process for career appointees, by including members of racial and ethnic minority groups, women, and individuals with disabilities. Requires the Director to promulgate necessary regulations and report to Congress on agency efforts to improve diversity in executive resources boards and of qualifications review boards, based on the collection of statistics concerning race, ethnicity, sex, and disability required by this Act.
Requires each agency, within one year after enactment of this Act, to submit to OPM a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities in the agency to the SES. Requires the plans to: (1) address how the agency is identifying and eliminating barriers that impair the ability of such employees to obtain appointments and any actions the agency is taking to provide advancement opportunities; and (2) be updated at least biennially. Requires the Director to report to Congress on plans and updates. | {"src": "billsum_train", "title": "To provide for greater diversity within, and to improve policy direction and oversight of, the Senior Executive Service."} | 2,326 | 408 | 0.51863 | 1.730124 | 0.740798 | 5.140496 | 6.201102 | 0.942149 |
That this Act may be
cited as the ``Certified Development Company Enhancement and
Improvement Act of 1997''.
Sec. 2. Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by inserting the following new subsection:
``(r) The following program levels are authorized in financings as
provided in section 7(a)(13) and section 504 of the Small Business
Investment Act of 1958:
``(1) $3,000,000,000 for fiscal year 1998;
``(2) $3,500,000,000 for fiscal year 1999; and
``(3) $4,500,000,000 for fiscal year 2000.''.
Sec. 3. Section 503 of the Small Business Investment Act of 1958
(15 U.S.C. 697) is amended--
(a) by striking subsection (b)(7)(A) and inserting the
following:
``(A) assesses and collects a fee, which shall be
payable by the borrower, in an amount equal to 0.9375
percent per year of the outstanding balance of the
loan; and'';
(b) by striking from subsection (d)(2) ``equal to 50 basis
points'' and inserting ``equal to not more than 50 basis
points'';
(c) by adding the following at the end of subsection
(d)(2): ``The amount of the fee authorized herein shall be
established annually by the Administration in the minimal
amount necessary to reduce the cost (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990) to the
Administration of purchasing and guaranteeing debentures under
this Act to zero.''; and
(d) by striking from subsection (f) ``1997'' and inserting
``2000''.
Sec. 4. Section 508(a) of the Small Business Investment Act of 1958
(15 U.S.C. 697e(a)) is amended by striking ``not more than 15''.
Sec. 5. Section 508(b)(2) of the Small Business Investment Act of
1958 (15 U.S.C. 697e(b)(2)) is amended by striking paragraphs (A) and
(B) and inserting:
``(A) is an active certified development company in
good standing and has been an active participant in the
accredited lenders program during the entire 12-month
period preceding the date on which the company submits
an application under paragraph (1), except that the
Administration may waive this requirement if the
company is qualified to participate in the accredited
lenders program;
``(B) has a history (i) of submitting to the
Administration adequately analyzed debenture guarantee
application packages and (ii) of properly closing
section 504 loans and servicing its loan portfolio;
and''.
Sec. 6. Section 508(c) of the Small Business Investment Act of 1958
(15 U.S.C. 697e(c)) is amended to read as follows:
``(c) Loss Reserve.--
``(1) Establishment.--A company designated as a premier
certified lender shall establish a loss reserve for financings
approved pursuant to this section.
``(2) Amount.--The amount of the loss reserve shall be
equal to 10 percent of the amount of the company's exposure as
determined under subsection (b)(2)(C).
``(3) Assets.--The loss reserve shall be comprised of any
combination of the following types of assets:
``(A) segregated funds on deposit in an account or
accounts with a federally insured depository
institution or institutions selected by the company,
subject to a collateral assignment in favor of, and in
a format acceptable to, the Administration; or
``(B) irrevocable letter or letters of credit, with
a collateral assignment in favor of, and a commercially
reasonable format acceptable to, the Administration.
``(4) Contributions.--The company shall make contributions
to the loss reserve, either cash or letters of credit as
provided above, in the following amounts and at the following
intervals;
``(A) 50 percent when a debenture is closed;
``(B) 25 percent additional not later than 1 year
after a debenture is closed; and
``(C) 25 percent additional not later than 2 years
after a debenture is closed.
``(5) Replenishment.--If a loss has been sustained by the
Administration, any portion of the loss reserve, and other
funds provided by the premier company as necessary, may be used
to reimburse the Administration for the company's 10 percent
share of the loss as provided in subsection (b)(2)(C). If the
company utilizes the reserve, within 30 days it shall replace
an equivalent amount of funds.
``(6) Disbursements.--The Administration shall allow the
certified development company to withdraw from the loss reserve
amounts attributable to any debenture which has been repaid.''
Sec. 7. Section 508 of the Small Business Investment Act of 1958
(15 U.S.C. 697e) is amended by inserting the following after subsection
(d) and by redesignating subsections (e) to (i) as (f) to (j):
``(e) Program Goals.--Certified development companies participating
in this program shall establish a goal of processing a minimum of at
least 50 percent of their loan applications for section 504 assistance
pursuant to the premier certified lender program authorized in this
section.''.
Sec. 8. Section 508(g) of the Small Business Investment Act of 1958
(15 U.S.C. 697e(g)), as redesignated herein, is amended by striking
``State or local'' and inserting ``certified''.
Sec. 9. Section 508(h) of the Small Business Investment Act of 1958
(15U.S.C. 697e(h)), as redesignated herein, is amended--
(1) by striking ``Effect of Suspension or Designation'' and
inserting ``Effect of Suspension or Revocation''; and
(2) by striking ``under subsection (f)'' and inserting
``under subsection (g)''.
Sec. 10. Section 508(i) of the Small Business Investment Act of
1958 (15 U.S.C. 697e(i)), as redesignated herein, is amended to read as
follows:
``(i) Regulations.--Not later than 90 days after the date of
enactment of this section, the Administration shall promulgate
regulations to carry out this section. Not later than 120 days after
the date of enactment, the Administration shall issue program
guidelines and implement the changes made herein.''.
Sec. 11. Section 508(j) of the Small Business Investment Act of
1958 (15 U.S.C. 697e(j)), as redesignated herein, is amended by
striking ``other lenders'' and inserting ``other lenders, specifically
comparing default rates and recovery rates on liquidations''.
Sec. 12. Section 217(b) of Public Law 103-403 (108 Stat. 4185) is
repealed.
Sec. 13. Section 508(d) of the Small Business Investment Act of
1958 (15 U.S.C. 697e(d)) is amended by striking ``to approve loans''
and inserting ``to approve, authorize, close, service, and liquidate
loans''.
Sec. 14. Section 502(1) of the Small Business Investment Act of
1958 (15 U.S.C. 696(1)) is amended to read as follows:
``(1) The proceeds of any such loan shall be used solely by
such borrower or borrowers to assist an identifiable small-
business or businesses and for a sound business purpose
approved by the Administration.''.
Sec. 15. Section 502 of the Small Business Investment Act of 1958
(15 U.S.C. 696) is amended by adding the following new subsection:
``(5) Not to exceed 25 per centum of the project may be
leased by the assisted small business: Provided, That the
tenant is a small business concern: And provided further, That
the assisted small business shall be required to occupy and use
not less than 55 per centum of the space in the project after
the execution of any leases authorized in this section.''.
Sec. 16. Section 502(3) of the Small Business Investment Act of
1958 (15 U.S.C. 696(3)) is amended by inserting the following new
paragraphs:
``(D) Seller financing.--Seller provided financing
may be used to meet the requirements of--
``(i) paragraph (B), if the seller
subordinates his interest in the property to
the debenture guaranteed by the Administration;
and
``(ii) not to exceed 50 percent of the
amounts required by paragraph (C).
``(E) Collateral requirements.--Collateral provided
by the small business concern shall be valued in an
amount estimated as the reasonable value of the
property by a willing buyer and a willing seller and
shall include property not a part of the project being
financed only if the Administration determines to
impose such a requirement on a case-by-case basis.''. | Certified Development Company Enhancement and Improvement Act of 1997 - Amends the Small Business Act to authorize appropriations for FY 1998 through 2000 for the certified development company (CDC) program of the Small Business Investment Act of 1958 (the Act).
(Sec. 3) Amends the Act to limit the fee authorized to be assessed and collected by the Small Business Administration (SBA) for each loan made from the proceeds of SBA debentures to a specified percentage of the outstanding balance of the loan. Requires the amount of the fee authorized for administrative expenses under the CDC program to be established annually by the SBA in the minimal amount necessary to reduce to zero the SBA cost of purchasing and issuing debentures under the Act. Extends the applicability of the prescribed fees to financings approved before October 1, 2000.
(Sec. 4) Repeals a provision limiting to 15 the number of CDC participants in the Premier Certified Lenders Program (Program). Revises requirements for Program participation and the required loss reserve for Program financings. Requires loss reserve replenishment within 30 days after its use. Requires companies participating in the Program to establish a goal of processing a minimum of at least 50 percent of their total loan applications for CDC program assistance pursuant to the Program. Revises the period for the promulgation of Program regulations and guidelines.
(Sec. 12) Repeals a provision which provided for termination of the Program on October 1, 1997.
(Sec. 13) Authorizes approved certified lenders to authorize, service, close, and liquidate loans under the Program.
(Sec. 16) Allows up to 25 percent of a Program project for plant acquisition, construction, conversion, or expansion to be leased by the small business assisted under the project, provided such business meets specified conditions and requirements. Permits any development company assisted under a project to finance any required project down payment. Provides for property valuation of collateral being provided by a small business under a project. | {"src": "billsum_train", "title": "Certified Development Company Enhancement and Improvement Act of 1997"} | 2,010 | 447 | 0.567231 | 1.927899 | 0.726686 | 1.994723 | 4.754617 | 0.817942 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Integrity Act of 2000''.
SEC. 2. REQUIREMENTS APPLICABLE TO POLITICAL ORGANIZATIONS UNDER
INTERNAL REVENUE CODE OF 1986.
(a) In General.--Paragraph (1) of section 527(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Political organization.--
``(A) In general.--The term `political
organization' means a party, committee, association,
fund, or other organization (whether or not
incorporated)--
``(i) organized and operated primarily for
the purpose of directly or indirectly accepting
contributions or making expenditures, or both,
for an exempt function; and
``(ii) except as provided in subparagraph
(B), which files an annual statement with the
Secretary under which it certifies that it is
in compliance with subsections (a) and (b) of
section 304A of the Federal Election Campaign
Act of 1971.
``(B) Exception for certain organizations.--
Subparagraph (A)(ii) does not apply with respect to any
of the following:
``(i) Subject to subparagraph (C), any
organization which exists for the exclusive
purpose of influencing or attempting to
influence--
``(I) the selection, nomination,
election, or appointment of any
individual to any State or local public
office or office in a State or local
political organization;
``(II) the appointment of any
individual to any Federal public
office; or
``(III) the selection, nomination,
election, or appointment of any
individual to any office in a political
organization.
``(ii) Any committee, club, association, or
other group of persons (other than a separate
segregated fund established under section 316
of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b)) which accepts contributions or
makes expenditures (as defined in this
subsection) during a calendar year in an
aggregate amount of less than $5,000.
``(iii) Any political committee described
in section 301(4) of the Federal Election
Campaign Act of 1971.
``(C) Treatment of certain communications.--
``(i) In general.--No organization may be
treated as an organization described in
subparagraph (B)(i) if it makes payments
described in clause (ii) during an election
cycle.
``(ii) Communications described.--A payment
described in this clause is a payment for any
communication which mentions a clearly
identified candidate for election for Federal
office or which contains the likeness of such a
candidate, other than a payment for a
communication described in clause (i) of
section 301(9)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(9)(B)) or a
payment described in clause (v) of such
section.
``(iii) Election cycle defined.--In this
subparagraph, the term `election cycle' means,
with respect to a candidate for election for
Federal office, the period beginning on the
first day following the date of the last
general election for such office and ending on
the date of the next general election for such
office.
``(D) Timing of statement of compliance.--The
annual statement of compliance required under
subparagraph (A)(ii) shall be filed not later than the
time for filing an annual return under section
6012(a)(6) (whether or not the organization is required
to file a return under such section for such year).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 2000.
SEC. 3. REPORTING REQUIREMENTS UNDER FEDERAL ELECTION CAMPAIGN ACT OF
1971 DESCRIBED.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by inserting after section 304 the following
new section:
``reporting requirements for political organizations
``Sec. 304A. (a) Statement of Organization.--
``(1) In general.--For purposes of section 527(e)(1)(A)(ii)
of the Internal Revenue Code of 1986, a political organization
described in section 527(e)(1) of such Code is in compliance
with this subsection with respect to a calendar year if it files with
the Commission a statement of organization (containing the information
described in paragraph (2)) not later than 10 days after the
organization first receives or spends an aggregate amount equal to or
greater than $5,000 during the year for an exempt function described in
section 527(e)(2) of such Code.
``(2) Contents of statement.--The statement of organization
filed by a political organization under paragraph (1) shall
contain--
``(A) the name, address, and type of organization;
``(B) the name, address, relationship, and type of
connected or affiliated organization;
``(C) the name, address, and position of the
custodian of books and accounts of the organization;
and
``(D) the name, address, and position of the
president, chief executive officer, or similar
authority of the organization.
``(b) Report of Receipts and Disbursements.--
``(1) In general.--For purposes of section 527(e)(1)(A)(ii)
of the Internal Revenue Code of 1986, a political organization
described in section 527(e)(1) of such Code is in compliance
with this subsection if it files with the Commission reports of
its receipts and disbursements (containing the information
described in paragraph (2)) at the same time and in the same
manner as a political committee which files reports under
section 304(a)(4).
``(2) Contents of reports.--Each report filed by a
political organization under paragraph (1) shall include the
following information:
``(A) The amount of cash on hand at the beginning
of the reporting period.
``(B) For the reporting period and the calendar
year, the total amount of all receipts, and the total
amount of all receipts in the following categories:
``(i) Receipts from persons other than
political committees.
``(ii) Receipts from political party
committees.
``(iii) Receipts from other political
committees.
``(iv) All loans (other than loans made by
or guaranteed by a candidate).
``(v) Dividends, interest, and other forms
of receipts.
``(C) The identification of each--
``(i) person (other than a political
committee) who makes a disbursement to the
organization during the reporting period, whose
disbursements have an aggregate amount or value
in excess of $200 within the calendar year, or
in any lesser amount if the organization should
so elect, together with the date and amount of
any such disbursement;
``(ii) political committee which makes a
disbursement to the organization during the
reporting period, together with the date and
amount of any such disbursement;
``(iii) person who makes a loan to the
organization during the reporting period,
together with the identification of any
endorser or guarantor of such loan, and the
date and amount or value of such loan;
``(iv) person who provides a rebate,
refund, or other offset to operating
expenditures to the organization in an
aggregate amount or value in excess of $200
within the calendar year, together with the
date and amount of such receipt; and
``(v) person who provides any dividend,
interest, or other receipt to the organization
in an aggregate value or amount in excess of
$200 within the calendar year, together with
the date and amount of any such receipt.
``(D) For the reporting period and the calendar
year, the total amount of all disbursements, and all
disbursements in the following categories:
``(i) Disbursements to persons other than
political committees.
``(ii) Disbursements to political party
committees.
``(iii) Disbursements to other political
committees.
``(iv) The repayment of all loans (other
than loans made by or guaranteed by a
candidate).
``(v) Any other disbursements.
``(E) The name and address of each--
``(i) person to whom a disbursement in an
aggregate amount or value in excess of $200
within the calendar year is made by the
organization to meet a candidate or
organization operating expense, together with
the date, amount, and purpose of such operating
expenditure;
``(ii) person who receives a loan repayment
from the organization during the reporting
period, together with the date and amount of
such loan repayment; and
``(iii) person who receives a refund or
other offset to receipts from the organization
where such receipt was reported under
subparagraph (C)(i), together with the date and
amount of such disbursement.''. | Amends FECA to provide that, for purposes of Internal Revenue Code provisions regarding tax-exempt political organizations, a political organization is in compliance if it files with the Federal Election Commission: (1) a statement of organization no later than ten days after receiving or spending an aggregate amount equal to or greater than $5,000 during the year for an exempt function described under the Code; and (2) reports of its receipts and disbursements at the same time and in the same manner as reports are filed by political committees under existing FECA requirements. Describes contents of such statement and report. | {"src": "billsum_train", "title": "Campaign Integrity Act of 2000"} | 2,046 | 127 | 0.54537 | 1.400266 | 0.41958 | 3.723214 | 16.553571 | 0.866071 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Philanthropy
Protection Act of 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Investment Company Act of 1940.
Sec. 3. Amendment to the Securities Act of 1933.
Sec. 4. Amendments to the Securities Exchange Act of 1934.
Sec. 5. Amendment of the Investment Advisers Act of 1940.
Sec. 6. Protection of philanthropy under State law.
Sec. 7. Effective dates and applicability.
SEC. 2. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940.
(a) Exemption.--Section 3(c)(10) of the Investment Company Act of
1940 (15 U.S.C. 80a-3(c)(10)) is amended to read as follows:
``(10)(A) Any company organized and operated exclusively for
religious, educational, benevolent, fraternal, charitable, or
reformatory purposes--
``(i) no part of the net earnings of which inures to the
benefit of any private shareholder or individual; or
``(ii) which is or maintains a fund described in
subparagraph (B).
``(B) For the purposes of subparagraph (A)(ii), a fund is
described in this subparagraph if such fund is a pooled income
fund, collective trust fund, collective investment fund, or similar
fund maintained by a charitable organization exclusively for the
collective investment and reinvestment of one or more of the
following:
``(i) assets of the general endowment fund or other funds
of one or more charitable organizations;
``(ii) assets of a pooled income fund;
``(iii) assets contributed to a charitable organization in
exchange for the issuance of charitable gift annuities;
``(iv) assets of a charitable remainder trust or of any
other trust, the remainder interests of which are irrevocably
dedicated to any charitable organization;
``(v) assets of a charitable lead trust;
``(vi) assets of a trust, the remainder interests of which
are revocably dedicated to or for the benefit of 1 or more
charitable organizations, if the ability to revoke the
dedication is limited to circumstances involving--
``(I) an adverse change in the financial circumstances
of a settlor or an income beneficiary of the trust;
``(II) a change in the identity of the charitable
organization or organizations having the remainder
interest, provided that the new beneficiary is also a
charitable organization; or
``(III) both the changes described in subclauses (I)
and (II);
``(vii) assets of a trust not described in clauses (i)
through (v), the remainder interests of which are revocably
dedicated to a charitable organization, subject to subparagraph
(C); or
``(viii) such assets as the Commission may prescribe by
rule, regulation, or order in accordance with section 6(c).
``(C) A fund that contains assets described in clause (vii) of
subparagraph (B) shall be excluded from the definition of an
investment company for a period of 3 years after the date of
enactment of this subparagraph, but only if--
``(i) such assets were contributed before the date which is
60 days after the date of enactment of this subparagraph; and
``(ii) such assets are commingled in the fund with assets
described in one or more of clauses (i) through (vi) and (viii)
of subparagraph (B).
``(D) For purposes of this paragraph--
``(i) a trust or fund is `maintained' by a charitable
organization if the organization serves as a trustee or
administrator of the trust or fund or has the power to remove
the trustees or administrators of the trust or fund and to
designate new trustees or administrators;
``(ii) the term `pooled income fund' has the same meaning
as in section 642(c)(5) of the Internal Revenue Code of 1986;
``(iii) the term `charitable organization' means an
organization described in paragraphs (1) through (5) of section
170(c) or section 501(c)(3) of the Internal Revenue Code of
1986;
``(iv) the term `charitable lead trust' means a trust
described in section 170(f)(2)(B), 2055(e)(2)(B), or
2522(c)(2)(B) of the Internal Revenue Code of 1986;
``(v) the term `charitable remainder trust' means a
charitable remainder annuity trust or a charitable remainder
unitrust, as those terms are defined in section 664(d) of the
Internal Revenue Code of 1986; and
``(vi) the term `charitable gift annuity' means an annuity
issued by a charitable organization that is described in
section 501(m)(5) of the Internal Revenue Code of 1986.''.
(b) Disclosure by Exempt Charitable Organizations.--Section 7 of
the Investment Company Act of 1940 (15 U.S.C. 80a-7) is amended by
adding at the end the following new subsection:
``(e) Disclosure by Exempt Charitable Organizations.--Each fund
that is excluded from the definition of an investment company under
section 3(c)(10)(B) of this Act shall provide, to each donor to such
fund, at the time of the donation or within 90 days after the date of
enactment of this subsection, whichever is later, written information
describing the material terms of the operation of such fund.''.
SEC. 3. AMENDMENT TO THE SECURITIES ACT OF 1933.
Section 3(a)(4) of the Securities Act of 1933 (15 U.S.C. 77c(a)(4))
is amended by inserting after the semicolon at the end the following:
``or any security of a fund that is excluded from the definition of an
investment company under section 3(c)(10)(B) of the Investment Company
Act of 1940;''.
SEC. 4. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.
(a) Exempted Securities.--Section 3(a)(12)(A) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended--
(1) in clause (iv) by striking ``and'' at the end;
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following new clause:
``(v) any security issued by or any interest or
participation in any pooled income fund, collective trust fund,
collective investment fund, or similar fund that is excluded
from the definition of an investment company under section
3(c)(10)(B) of the Investment Company Act of 1940; and''.
(b) Exemption From Broker-Dealer Provisions.--Section 3 of such Act
(15 U.S.C. 78c) is amended by adding at the end the following new
subsection:
``(e) Charitable Organizations.--
``(1) Exemption.--Notwithstanding any other provision of this
title, but subject to paragraph (2) of this subsection, a
charitable organization, as defined in section 3(c)(10)(D) of the
Investment Company Act of 1940, or any trustee, director, officer,
employee, or volunteer of such a charitable organization acting
within the scope of such person's employment or duties with such
organization, shall not be deemed to be a `broker', `dealer',
`municipal securities broker', `municipal securities dealer',
`government securities broker', or `government securities dealer'
for purposes of this title solely because such organization or
person buys, holds, sells, or trades in securities for its own
account in its capacity as trustee or administrator of, or
otherwise on behalf of or for the account of--
``(A) such a charitable organization;
``(B) a fund that is excluded from the definition of an
investment company under section 3(c)(10)(B) of the Investment
Company Act of 1940; or
``(C) a trust or other donative instrument described in
section 3(c)(10)(B) of the Investment Company Act of 1940, or
the settlors (or potential settlors) or beneficiaries of any
such trust or other instrument.
``(2) Limitation on compensation.--The exemption provided under
paragraph (1) shall not be available to any charitable
organization, or any trustee, director, officer, employee, or
volunteer of such a charitable organization, unless each person
who, on or after 90 days after the date of enactment of this
subsection, solicits donations on behalf of such charitable
organization from any donor to a fund that is excluded from the
definition of an investment company under section 3(c)(10)(B) of
the Investment Company Act of 1940, is either a volunteer or is
engaged in the overall fund raising activities of a charitable
organization and receives no commission or other special
compensation based on the number or the value of donations
collected for the fund.''.
(d) Conforming Amendment.--Section 12(g)(2)(D) of such Act (15
U.S.C. 78l(g)(2)(D)) is amended by inserting before the period ``; or
any security of a fund that is excluded from the definition of an
investment company under section 3(c)(10)(B) of the Investment Company
Act of 1940''.
SEC. 5. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940.
Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(b)) is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) any investment adviser that is a charitable organization,
as defined in section 3(c)(10)(D) of the Investment Company Act of
1940, or is a trustee, director, officer, employee, or volunteer of
such a charitable organization acting within the scope of such
person's employment or duties with such organization, whose advice,
analyses, or reports are provided only to one or more of the
following:
``(A) any such charitable organization;
``(B) a fund that is excluded from the definition of an
investment company under section 3(c)(10)(B) of the Investment
Company Act of 1940; or
``(C) a trust or other donative instrument described in
section 3(c)(10)(B) of the Investment Company Act of 1940, or
the trustees, administrators, settlors (or potential settlors),
or beneficiaries of any such trust or other instrument.''.
SEC. 6. PROTECTION OF PHILANTHROPY UNDER STATE LAW.
(a) Registration Requirements.--A security issued by or any
interest or participation in any pooled income fund, collective trust
fund, collective investment fund, or similar fund that is excluded from
the definition of an investment company under section 3(c)(10)(B) of
the Investment Company Act of 1940, and the offer or sale thereof,
shall be exempt from any statute or regulation of a State that requires
registration or qualification of securities.
(b) Treatment of Charitable Organizations.--No charitable
organization, or any trustee, director, officer, employee, or volunteer
of a charitable organization acting within the scope of such person's
employment or duties, shall be required to register as, or be subject
to regulation as, a dealer, broker, agent, or investment adviser under
the securities laws of any State because such organization or person
buys, holds, sells, or trades in securities for its own account in its
capacity as trustee or administrator of, or otherwise on behalf of or
for the account of one or more of the following:
(1) a charitable organization;
(2) a fund that is excluded from the definition of an
investment company under section 3(c)(10)(B) of the Investment
Company Act of 1940; or
(3) a trust or other donative instrument described in section
3(c)(10)(B) of the Investment Company Act of 1940, or the settlors
(or potential settlors) or beneficiaries of any such trusts or
other instruments.
(c) State Action.--Notwithstanding subsections (a) and (b), during
the 3-year period beginning on the date of enactment of this Act, a
State may enact a statute that specifically refers to this section and
provides prospectively that this section shall not preempt the laws of
that State referred to in this section.
(d) Definitions.--For purposes of this section--
(1) the term ``charitable organization'' means an organization
described in paragraphs (1) through (5) of section 170(c) or
section 501(c)(3) of the Internal Revenue Code of 1986;
(2) the term ``security'' has the same meaning as in section 3
of the Securities Exchange Act of 1934; and
(3) the term ``State'' means 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.
SEC. 7. EFFECTIVE DATES AND APPLICABILITY.
This Act and the amendments made by this Act shall apply in all
administrative and judicial actions pending on or commenced after the
date of enactment of this Act, as a defense to any claim that any
person, security, interest, or participation of the type described in
this Act and the amendments made by this Act is subject to the
provisions of the Securities Act of 1933, the Securities Exchange Act
of 1934, the Investment Company Act of 1940, or the Investment Advisers
Act of 1940, or any State statute or regulation preempted as provided
in section 6 of this Act, except as otherwise specifically provided in
such Acts or State law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Philanthropy Protection Act of 1995 - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of certain assets. Includes among such assets those of: (1) a charitable remainder trust or of any other trust the remainder interests of which are irrevocably dedicated to any charitable organization; (2) a trust the remainder interests of which are revocably dedicated to a charitable organization, subject to specified conditions; or (3) a trust the remainder interests of which are revocably dedicated to, or for the benefit of, one or more charitable organizations, if the ability to revoke is limited to specified circumstances. Deems such a charitable income fund, in specified circumstances, not to be an investment company under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to set forth disclosure requirements for exempt charitable organizations. Amends the Securities Exchange Act of 1934 to require solicitors of funds for such exempt charitable organizations to be volunteers or to be engaged in overall fund-raising activities of the organization but receiving no commission or other special compensation based on the amount of donations collected. Exempts such charitable organizations from State regulation in general, and such securities from State registration or qualification requirements in particular. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt the laws of such State. | {"src": "billsum_train", "title": "Philanthropy Protection Act of 1995"} | 3,245 | 362 | 0.70607 | 2.118814 | 0.982087 | 4.416404 | 8.905363 | 0.908517 |
SECTION 1. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S
DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J).
(2) Conforming amendments.--Section 202(b)(5)(B) of such
Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendments.--Section 202(c)(5)(B) of such
Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)'', respectively.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which she remarries or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which he remarries''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which such parent
marries, or such parent''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(y) The amount of any individual's monthly insurance benefit
under this section paid for the month in which the individual dies
shall be an amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(10) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted. | Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to entitle a beneficiary to a prorated OASDI benefit for the month in which he or she dies. Disregards OASDI benefits for the month of death in determining maximum family benefits under OASDI. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month) and that such individual's benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of such individual's death."} | 2,297 | 84 | 0.465533 | 1.115187 | 0.128661 | 2.781818 | 34.290909 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserves Reform
Act for the 21st Century''.
SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.
(a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed 20 years of service
computed under section 12732 of this title before October 5,
1994, the number of years of qualifying service under this
subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:
``Age, in years, is The minimum years of service
at least: required for that age is:
53...................................................... 34
54...................................................... 32
55...................................................... 30
56...................................................... 28
57...................................................... 26
58...................................................... 24
59...................................................... 22
60...................................................... 20.''.
(b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
(c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.
SEC. 2. EXPANDED ELIGIBILITY OF READY RESERVISTS FOR TRICARE.
(a) Eligibility.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1097b the following new section:
``Sec. 1097c. TRICARE program: Reserves not on active duty
``(a) Eligibility.--A member of the Selected Reserve of the Ready
Reserve of the armed forces not otherwise eligible for enrollment in
the TRICARE program under this chapter for the same benefits as a
member of the armed forces eligible under section 1074(a) of this title
may enroll for self or for self and family for the same benefits under
this section.
``(b) Premiums.--(1) An enlisted member of the armed forces
enrolled in the TRICARE program under this section shall pay an annual
premium of $330 for self only coverage and $560 for self and family
coverage for which enrolled under this section.
``(2) An officer of the armed forces enrolled in the TRICARE
program under this section shall pay an annual premium of $380 for self
only coverage and $610 for self and family coverage for which enrolled
under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1097b the following new item:
``1097c. Section 101 head.''.
SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.
(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. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.
``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to the excess, if any, of--
``(A) the qualified employee's average daily
qualified compensation for the taxable year, over
``(B) the average daily military pay and allowances
received by the qualified employee during the taxable
year,
while participating in qualified reserve component duty to the
exclusion of the qualified employee's normal employment duties
for the number of days the qualified employee participates in
qualified reserve component duty during the taxable year,
including time spent in a travel status. The employment credit,
with respect to all qualified employees, is equal to the sum of
the employment credits for each qualified employee under this
subsection.
``(2) Average daily qualified compensation and average
daily military pay and allowances.--As used with respect to a
qualified employee--
``(A) the term `average daily qualified
compensation' means the qualified compensation of the
qualified employee for the taxable year divided by the
difference between--
``(i) 365, and
``(ii) the number of days the qualified
employee participates in qualified reserve
component duty during the taxable year,
including time spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the qualified
employee during the taxable year as military
pay and allowances on account of the qualified
employee's participation in qualified reserve
component duty, divided by
``(ii) the total number of days the
qualified employee participates in qualified
reserve component duty, including time spent in
travel status.
``(3) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the qualified
employee participates in qualified reserve component duty, the
term `qualified compensation' means--
``(A) compensation which is normally contingent on
the qualified employee's presence for work and which
would be deductible from the taxpayer's gross income
under section 162(a)(1) if the qualified employee were
present and receiving such compensation,
``(B) compensation which is not characterized by
the taxpayer as vacation or holiday pay, or as sick
leave or pay, or as any other form of pay for a
nonspecific leave of absence, and with respect to which
the number of days the qualified employee participates
in qualified reserve component duty does not result in
any reduction in the amount of vacation time, sick
leave, or other nonspecific leave previously credited
to or earned by the qualified employee, and
``(C) group health plan costs (if any) with respect
to the qualified employee.
``(4) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the
21-day period immediately preceding the period during
which the employee participates in qualified reserve
component duty, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
defined in sections 10142 and 10101 of title 10, United
States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to the excess, if any, of--
``(A) the self-employed taxpayer's average daily
self-employment income for the taxable year over
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve component duty to
the exclusion of the taxpayer's normal self-employment
duties for the number of days the taxpayer participates
in qualified reserve component duty during the taxable
year, including time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402) of the taxpayer for the taxable year plus
the amount paid for insurance which constitutes medical
care for the taxpayer for such year (within the meaning
of section 162(l)) divided by the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the qualified employee participates in
qualified reserve component duty to the exclusion of normal employment
duties.
``(e) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by subsection
(a) for the taxable year shall not exceed $25,000 with
respect to each qualified employee.
``(B) Controlled groups.--For purposes of applying
the limitation in subparagraph (A)--
``(i) all members of a controlled group
shall be treated as one taxpayer, and
``(ii) such limitations shall be allocated
among the members of such group in such manner
as the Secretary may prescribe.
For purposes of this subparagraph, all persons treated
as a single employer under subsection (a) or (b) of
section 52 or subsection (m) or (o) of section 414
shall be treated as members of a controlled group.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise be
allowable is called or ordered to active duty for any of the
following types of duty:
``(A) active duty for training under any provision
of title 10, United States Code,
``(B) training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code, or
``(C) full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(2) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders, in
support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified reserve
component duty to the exclusion of normal employment or self-
employment duties if the person does not engage in or undertake
any substantial activity related to the person's normal
employment or self-employment duties while participating in
qualified reserve component duty unless in an authorized leave
status or other authorized absence from military duties. If a
person engages in or undertakes any substantial activity
related to the person's normal employment or self-employment
duties at any time while participating in a period of qualified
reserve component duty, unless during a period of authorized
leave or other authorized absence from military duties, the
person shall be deemed to have engaged in or undertaken such
activity for the entire period of qualified reserve component
duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.''.
(b) Conforming Amendment.--Section 38(b) of such Code (relating to
general business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(16) the reserve component employment credit determined
under section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45F the following new
item:
``Sec. 45G. Reserve component employment
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | National Guard and Reserves Reform Act for the 21st Century - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 55 and 60) and years of service (between 20 and 30); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserves. Authorizes a member of the Selected Reserve to enroll for self or for self and family under the TRICARE program (a Department of Defense managed health care program).Amends the Internal Revenue Code to provide a reserve component employment credit equal to the sum of the employment credit with respect to all qualified employees of the taxpayer and the self-employment credit of a qualified self-employed taxpayer. Limits the credit to $25,000 for each qualified employee. Disallows the credit for failure to comply with reserve member employment or reemployment rights, or when a reserve member is called or ordered to active duty for training. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to provide TRICARE eligibility for members of the Selected Reserve of the Ready Reserve and their families; to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes."} | 3,351 | 267 | 0.490262 | 1.331307 | 0.707741 | 4.25 | 13.228814 | 0.927966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Established Provider Act of
2013''.
SEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM.
Title XVIII of the Social Security Act is amended by inserting
after section 1893 of such Act (42 U.S.C. 1395ddd) the following new
section:
``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM.
``(a) In General.--The Secretary shall develop and implement a
system (in this section referred to as the `Medicare Established
Provider System') to designate providers of services and suppliers who
represent a low risk for submitting fraudulent claims for payment under
this title as established providers for purposes of applying the
protections described in subsection (c). Under such system--
``(1) the Secretary shall establish a process, in
accordance with subsection (c), under which--
``(A) providers of services and suppliers may apply
for designation as established providers;
``(B) such providers and suppliers who qualify, in
accordance with subsection (b), as established
providers are so designated (including through the use
of entities trained by an Internet training course of
the Centers for Medicare & Medicaid Services or through
training provided by other specified organizations);
and
``(C) such providers and suppliers who no longer
qualify as established providers lose such designation;
and
``(2) the Secretary shall establish an electronic system
for the submission of documentation by providers of services,
suppliers, or third parties, with respect to a claim for
payment under this title that is under review, for each level
of review applicable to such claim.
``(b) Qualifying as Established Providers.--Under such system, to
qualify as an established provider for a period with respect to a
reporting period (as specified by the Secretary), a provider of
services or supplier shall demonstrate, as specified by the Secretary,
that--
``(1) with respect to the reporting period beginning after
the date of the enactment of this section but before the date
described in paragraph (2), at least 75 percent of claims for
payment under this title for items and services furnished by
such provider or supplier for which any review was conducted
under section 1869 were determined to be eligible for payment
under this title;
``(2) with respect to a reporting period beginning after
the date that is 2 years after the date of enactment of this
section, at least 80 percent of claims for payment under this
title for items and services furnished by such provider or
supplier for which any review was conducted under section 1869
were determined to be eligible for payment under this title;
and
``(3) of all claims for payment under this title for items
and services furnished by such provider or supplier for which
an initial determination was made that payment may not be made
under this title, at least 90 percent were appealed by such
provider or supplier.
``(c) Designation Process.--The process under subsection (a)(1)--
``(1) shall allow a provider of services or supplier
designated as an established provider under this section to
demonstrate that the provider or supplier maintains compliance
with the qualification requirements under subsection (b) based
on annual updates on the status of claims for payment under
this title for items and services furnished by such provider or
supplier with respect to each level of review, including the
number of such claims within each such level of review for
which a determination was made that payment should be made,
should be partially made, or should not be made under this
title;
``(2) shall provide a method through which it may be
determined whether or not the qualifying requirements under
subsection (b) have been satisfied and maintained by a provider
of services or supplier with respect to a period;
``(3) provide for the identification of established
providers within appropriate systems of the Centers of Medicare
& Medicaid Services; and
``(4) provide for a global track record of compliance by
providers of services and suppliers with the qualifying
requirements under subsection (b), including by identifying
such providers and suppliers by the management company provider
number rather than by each individual provider, supplier, or
facility, for purposes of efficiency.
``(d) Protections for Established Providers.--Notwithstanding any
other provision of law, in the case of a provider of services or
supplier designated as an established provider under this section with
respect to a period the following protections shall apply:
``(1) With respect to a claim submitted during such period
for payment under this title for items or services furnished by
such provider or supplier, which is subject to review for
whether or not payment should be made under such title and with
respect to which an additional documentation request has been
issued, payment under this title for such claim may not be
withheld unless a final determination has been made that such
payment should not be made.
``(2) In the case that a final determination has been made
that payment under this title should not have been made with
respect to a claim described in paragraph (1), repayment of
such payment shall be made electronically by the provider not
later than 45 days after notification of such decision. In
applying the previous sentence, if the Secretary determines
that repayment within such 45-day period would result in a
significant hardship to the provider involved, the Secretary
may, on a case-by-case basis, extend the 45-day period
described in such sentence by such number of days as the
Secretary determines appropriate in accordance with a specified
repayment plan.
``(3) The Secretary shall provide for a method to apply
section 1869 with respect to an initial determination of any
claim submitted during such period for payment under this title
for items and services furnished by such provider or supplier,
without the application of paragraph (3) of section 1869(a)
(relating to redeterminations).''. | Medicare Established Provider Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to develop a system to designate service providers and suppliers who meet specified criteria representing a low risk for submitting fraudulent Medicare claims as established providers afforded certain special treatment in the claim review process. | {"src": "billsum_train", "title": "Medicare Established Provider Act of 2013"} | 1,243 | 82 | 0.574942 | 1.409734 | 0.883201 | 2.19697 | 18.772727 | 0.80303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Anniversaries-Great
American Spaces Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Foundation is the congressionally-
chartered nonprofit partner of America's National Parks.
(2) The mission of the National Park Foundation is to
strengthen the enduring connection between the American people
and their National Parks by raising private funds, making
strategic grants, creating innovative partnerships, and
increasing public awareness of National Parks.
(3) The parks represented in this program represent some of
the most beloved and treasured National Parks in America.
(4) The National Park Service was established in 1916, to
preserve and protect great scenic parks such as Grand Canyon
National Park and Yosemite National Park, and to manage
battlefields such as Gettysburg National Military Park and
historical sites such as the Lincoln Memorial.
(5) Theodore Roosevelt said that nothing short of defending
this country in wartime ``compares in importance with the great
task of leaving this land even a better land for our
descendants than it is for us''.
(6) National Parks established under the presidency of
Theodore Roosevelt, such as Grand Canyon National Park and
Devils Tower National Monument, are the embodiment of that
ideal.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins for National Parks Observing Historic
Anniversaries of Their Founding.--The Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue not more than 300,000 $1 coins for each of the National Parks
specified in section 4(c), each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be developed in consultation with the National Park
Foundation, and shall be emblematic of the National Park being
commemorated on each coin.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year in which the coin is
minted; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Design Selection.--The design for the coins minted under this
Act shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts and the National Park Foundation; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee established under section 5135 of title 31, United
States Code.
(c) National Parks to Be Commemorated.--The National Parks to be
commemorated in accordance with this Act, the year of commemoration,
and the anniversary to be observed are as follows:
National Park or Park
Year of Issuance Service Anniversary
2007............................. Devils Tower National 100th
Monument.
2008............................. Grand Canyon National 100th
Park.
2010............................. Glacier National Park 100th
2011............................. Lincoln Memorial..... 100th
2014............................. Yosemite National 150th
Park.
2015............................. Rocky Mountain 100th
National Park.
2016............................. National Park Service 100th
2017............................. Denali National Park. 100th
2018............................. Acadia National Park. 100th
2019............................. Zion National Park... 100th
2020............................. Gettysburg National 125th
Military Park.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1 of the year of issuance, as
specified in section 4(c), except that the Secretary may initiate sales
of such coins, without issuance, before such date.
(d) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31 of the year of issuance specified in
section 4(c).
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4(c) may be sold separately or as a set
containing other coins authorized by this Act.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins issued under this Act
shall include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National Park Foundation for use as follows:
(1) 50 percent of the surcharges received shall be used by
the National Park Foundation in support of all National Parks.
(2) 50 percent of the surcharges received shall be used by
the National Park Foundation for the benefit of the National
Parks designated in section 4(c) (in addition to any amount
allocable to any such Park from expenditures of amounts under
paragraph (1)).
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Foundation under
subsection (b).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding.
Directs the Secretary to take action to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government.
Prohibits coin issuance unless the Secretary has received: (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits of which are insured by either the Federal Deposit Insurance Corporation, or the National Credit Union Administration Board. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes."} | 1,689 | 164 | 0.536518 | 1.698949 | 0.786302 | 5.985915 | 10.711268 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deamonte Driver Dental Care Access
Improvement Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Centers for Disease Control and Prevention reports
that between the periods 1988 to 1994 and between 1994 and
2004, tooth decay increased 15 percent among toddlers and
preschoolers 2 to 5 years old.
(2) During the period 1999 to 2004, 28 percent of young
children experienced cavities.
(3) Among 2 year olds in the United States, 1-in-10 already
have cavities, and by age 5 that figure jumps to 2-in-5
children.
(4) Tooth decay is the single most common childhood chronic
disease, and it disproportionately affects poor and minority
children.
(5) Eighty percent of dental decay occurs in just 25
percent of children.
(6) Parents are 3 times more likely to report that their
children's dental needs are unmet, when compared with general
medical care needs.
(7) While 9,000,000 of the children in this Nation do not
have medical insurance, more than twice that number--
23,000,000--do not have dental insurance.
(8) One out of 20 middle-aged adults in the United States
are missing all their teeth.
(9) More than 40 percent of low income adults have at least
1 untreated decayed tooth compared to 16 percent of non-poor
adults.
(10) Employed adults lose more than 164,000,000 hours of
work each year due to oral health problems or dental visits.
(11) For every adult 19 years or older without medical
insurance, there are 3 without dental insurance.
(12) About 25 percent of adults 60 years old and older no
longer have any natural teeth. Having missing teeth can affect
nutrition, since people without teeth often prefer soft, easily
chewed foods.
SEC. 3. DENTAL WORKFORCE IMPROVEMENT.
(a) Dentistry Workforce Pilot Program.--Title VII of the Public
Health Service Act (42 U.S.C. 292 et seq.) is amended by inserting
after section 747 the following:
``SEC. 747A. DENTISTRY WORKFORCE PILOT PROGRAM.
``(a) Grants.--The Secretary shall make grants to schools of
dentistry and hospitals with accredited training programs in pediatric
dentistry to increase the number of individuals who pursue academic
programs in pediatric dentistry or provide dental services to children.
``(b) Use of Funds.--The Secretary may not make a grant to a school
of dentistry or a hospital under this section unless the school or
hospital agrees to use the grant to increase the number of individuals
who provide dental care to children by--
``(1) establishing, maintaining, or improving both pre- and
post-doctoral academic programs in pediatric dentistry;
``(2) recruiting and training dental students to pursue
training in pediatric dentistry;
``(3) strengthening training in pediatric dentistry within
advanced education in general dentistry and general practice
dentistry residencies in dentistry programs;
``(4) recruiting and training practicing dentists through
continuing education programs in pediatric dentistry;
``(5) training pediatricians to examine children's mouths
to conduct risk assessments and apply fluoride varnish; or
``(6) training dental students, dentists, dental
hygienists, and other dental professionals in dental health
disparities and community-based dental health care.
``(c) Reports to Congress.--Not later than 2 years after the date
of the enactment of this section, and biennially thereafter, the
Secretary shall conduct an evaluation of the activities funded through
grants under this section and submit a report to the Congress on the
results of such evaluation.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2009 through 2014.''.
(b) Grants to Develop and Implement Pilot Program to Train Allied
Dental Health Professionals.--Title V of the Social Security Act (42
U.S.C. 701, et seq.) is amended by adding at the end the following new
sections:
``SEC. 511. GRANTS TO DEVELOP AND IMPLEMENT PILOT PROGRAM TO TRAIN
ALLIED DENTAL HEALTH PROFESSIONALS.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall award a grant to
establish a pilot program to increase access to dental care for
underserved populations through the use of new allied dental health
professionals. In awarding the grant, the Secretary shall consider
pilot program applications that meet the following criteria:
``(1) The applicant plans to evaluate 1 or more distinct
allied dental professional models.
``(2) The model is structured such that the allied dental
professionals work under the supervision of a licensed dentist
or dentists.
``(3) The application must include benchmarks reflecting
the goal of increasing access to dental care for underserved
populations.
``(4) The models tested by the applicant must be structured
to be replicable in other areas of the country. The models
tested must include strategies to maximize cost-efficiency.
``(b) Adjustment of Funding.--The Secretary shall adjust funding
for the pilot program according to the training needs of the allied
dental professionals and the number of sites used for the pilot
program.
``(c) Evaluation.--Not later than 2 years after the date of
enactment of this section, and biennially thereafter, the Secretary
shall conduct an evaluation of the activities funded through grants
under this section and submit a report to Congress on the results of
such evaluation.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2009 through 2014.''.
SEC. 4. ACCESS TO DENTAL CARE.
(a) Access to Dental Care Pilot Program.--Subpart I of part D of
title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is
amended by adding at the end the following:
``SEC. 330M. ACCESS TO DENTAL CARE PILOT PROGRAM.
``(a) Grants.--The Secretary shall award grants to Federally
qualified health centers to expand and improve the provision of dental
services to medically underserved populations.
``(b) Use of Funds.--The Secretary may not make a grant to a
Federally qualified health center under this section unless the center
agrees to use the grant to expand and improve the provision of dental
services to medically underserved populations by--
``(1) recruiting dentists, dental hygienists, or pediatric
dentists;
``(2) purchasing or renting equipment for the provision of
dental services;
``(3) constructing and expanding physical space for the
provision of dental services;
``(4) allowing contractual relationships between Federally
qualified health centers and private dental providers to
increase access to dental care for adults and children; or
``(5) establishing or maintaining mobile dentistry and
teledentistry activities.
``(c) Reports to Congress.--Not later than 1 year after the date of
the enactment of this section, and biennially thereafter, the Secretary
shall conduct an evaluation of the activities funded through grants
under this section and submit a report to the Congress on the results
of such evaluation.
``(d) Definitions.--In this section:
``(1) The term `Federally qualified health center' has the
meaning given to such term in section 1905(l)(2)(B) of the
Social Security Act (42 U.S.C. 1396d(l)(2)(B)).
``(2) The term `pediatric dentist' means an individual who
has successfully completed residency training from a pediatric
dentistry program accredited by the Commission on Dental
Accreditation.
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2009 through 2014.
``SEC. 330N. EARLY CHILDHOOD CARIES PREVENTION AND MANAGEMENT
DEMONSTRATION GRANTS.
``(a) Grants.--The Secretary is authorized to award grants to
public or private entities to develop, implement, and evaluate public
health and clinical strategies to prevent and manage early childhood
caries.
``(b) Use of Funds.--The Secretary shall make grants to eligible
entities to demonstrate the effectiveness of preventing and managing
early childhood caries by--
``(1) developing materials and methods for early detection,
anticipatory guidance, primary prevention, and disease
suppression of early childhood caries;
``(2) developing and testing models of care delivery that
engage nutritional, behavioral, educational, and pharmacologic
approaches in early childhood caries prevention and control;
``(3) training dentists, physicians, and nurse
practitioners in the medical and behavioral management of early
childhood caries;
``(4) partnering with Head Start, the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)
established under section 17 of the Child Nutrition Act of
1966, or other early childhood programs to engage families in
positive oral health behaviors and practices to reduce or
eliminate early childhood caries; or
``(5) developing public health strategies including public
education, public policy, and public programs targeting
children under the age of 6 years at risk for early childhood
caries.
``(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2009 through 2014.''.
(b) Dental Services Credit.--
(1) 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 inserting after section
45N the following new section:
``SEC. 45O. DENTAL SERVICES.
``(a) In General.--For purposes of section 38, the qualified dental
services credit determined under this subsection for any taxable year
is an amount equal to 15 percent of the qualified dental receipts of
the taxpayer for such taxable year.
``(b) Limitation.--The credit determined under subsection (a) with
respect to any taxpayer for any taxable year shall not exceed $5,000.
``(c) Qualified Dental Receipts.--For purposes of this section, the
term `qualified dental receipts' means any amount received as
compensation for providing dental services--
``(1) under a State plan under title XIX of the Social
Security Act or under a State child health plan under title XXI
of such Act; or
``(2) from an individual who is not covered by a health
insurance plan at the time such services are provided.''.
(2) Conforming amendments.--
(A) Section 38(b) of such Code is amended by
striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and
inserting ``, plus'', and by adding at the end the
following:
``(32) the qualified dental services credit determined
under section 45O(a).''.
(B) The table of sections of such subpart is
amended by inserting after the item relating to section
45N the following new item:
``Sec. 45O. Dental services.''.
SEC. 5. PUBLIC EDUCATION AND AWARENESS CAMPAIGN.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) as amended by section 4, is amended by adding
at the end the following:
``SEC. 330O. PUBLIC EDUCATION AND AWARENESS CAMPAIGN.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall directly or
through grants, cooperative agreements, or contracts to eligible
entities conduct, support, and promote a comprehensive public education
and awareness campaign on preventing, controlling, and ultimately
eliminating early childhood caries. The campaign shall target pregnant
women, and parents and caregivers of children under the age of 6 years.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2009 through 2013.''.
SEC. 6. ACCESS TO DENTAL CARE UNDER MEDICAID AND SCHIP.
(a) Reporting Information on Dental Care for Children.--
(1) Medicaid.--Section 1902(a)(43)(D)(iii) of the Social
Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by
inserting ``and other information relating to the provision of
dental services to such children described in section 2108(e)''
after ``receiving dental services,''.
(2) CHIP.--Section 2108 of the Social Security Act (42
U.S.C. 1397hh) is amended by adding at the end the following
new subsection:
``(e) Information on Dental Care for Children.--
``(1) In general.--Each annual report under subsection (a)
shall include the following information with respect to care
and services described in section 1905(r)(3) provided to
targeted low-income children enrolled in the State child health
plan under this title at any time during the year involved:
``(A) The number of enrolled children by age
grouping used for reporting purposes under section
1902(a)(43).
``(B) For children within each such age grouping,
information of the type contained in questions 12(a)-
(c) of CMS Form 416 (that consists of the number of
enrolled targeted low income children who receive any,
preventive, or restorative dental care under the State
plan).
``(C) For the age grouping that includes children 8
years of age, the number of such children who have
received a protective sealant on at least one permanent
molar tooth.
``(2) Inclusion of information on enrollees in managed care
plans.--The information under paragraph (1) shall include
information on children who are enrolled in managed care plans
and other private health plans and contracts with such plans
under this title shall provide for the reporting of such
information by such plans to the State.''.
(b) Assessment of Adequacy of Dental Reimbursement Rates for All
Eligible Beneficiaries.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall study and report to Congress on the extent to which payment rates
for dental services provided to individuals who are eligible for
medical assistance under State Medicaid plans under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance
or other health benefits coverage under State child health plans under
title XXI of such Act (42 U.S.C. 1397aa et seq.)--
(1) are comparable to the payment rates for such services
established by private health insurance issuers;
(2) are adequate to compensate providers for the actual
cost of providing such services; and
(3) in the case of such services provided under State
Medicaid plans, satisfy the requirement of section
1902(a)(30)(A) of such Act (42 U.S.C. 1396a(a)(30)(A)) to
assure that payments are consistent with efficiency, economy,
and quality of care and are sufficient to enlist enough
providers so that care and services are available under the
plan at least to the extent that such care and services are
available to the general population in the geographic area.
SEC. 7. COORDINATION AND REPORT BY THE SECRETARY OF HEALTH AND HUMAN
SERVICES.
The Secretary of Health and Human Services shall coordinate with
relevant government agencies to ensure the inclusion of dental health
prevention and promotion activities within existing prenatal and
maternal child health programs, and shall, not later than 2 years after
the date of enactment of this Act, submit to Congress a report on the
status of such programs. | Deamonte Driver Dental Care Access Improvement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to schools of dentistry and hospitals with accredited training programs in pediatric dentistry.
Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to require the Secretary to provide for a pilot program to increase access to dental care for underserved populations through the use of new allied dental health professionals.
Requires the Secretary to award grants to federally qualified health centers to expand and improve the provision of dental services to medically underserved populations.
Authorizes the Secretary to award grants to develop, implement, and evaluate public health and clinical strategies to prevent and manage early childhood caries.
Amends the Internal Revenue Code to allow a business tax credit for a portion of compensation received for providing dental services under SSA titles XIX (Medicaid) or XXI (State Children's Health Insurance Program) (SCHIP) or from an uninsured individual.
Requires the Secretary, acting through the the Director of the Centers for Disease Control and Prevention (CDC), to conduct a public education and awareness campaign on preventing, controlling, and ultimately eliminating early childhood caries.
Amends SSA titles XIX and XXI to expand reporting requirements with respect to children's dental services.
Requires the Comptroller General to study payment rates for dental services provided to individuals under Medicaid or SCHIP.
Requires the Secretary to ensure the inclusion of dental health prevention and promotion activities within existing prenatal and maternal child health programs. | {"src": "billsum_train", "title": "A bill to expand the dental workforce and improve dental access, prevention, and data reporting, and for other purposes."} | 3,610 | 362 | 0.466825 | 1.472409 | 0.832938 | 4.331081 | 10.814189 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Recovery and Enhancement
Act of 2010'' or the ``CRE Act of 2010''.
SEC. 2. DEDUCTION FOR EQUITY INVESTMENTS USED TO BUY DOWN DEBT ON
COMMERCIAL REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals and corporations) is amended by adding at
the end the following new section:
``SEC. 199A. DEDUCTION FOR EQUITY INVESTMENTS USED TO BUY DOWN DEBT ON
COMMERCIAL REAL PROPERTY.
``(a) In General.--There shall be allowed as a deduction an amount
equal to--
``(1) 50 percent of any qualified debt reduction equity
investment made during the taxable year by the taxpayer in a
partnership, and
``(2) 50 percent of any qualified debt reduction payment
made during the taxable year by the taxpayer with respect to
qualified indebtedness on commercial real property held by the
taxpayer.
Paragraph (2) shall not apply to any qualified debt reduction payment
made by a partnership.
``(b) Maximum Deduction.--The deduction allowed by subsection (a)
for any taxable year shall not exceed, with respect to each commercial
real property, the excess (if any) of--
``(1) the amount of the qualified indebtedness secured by
such property as of the beginning of such taxable year, over
``(2) the lesser of--
``(A) 50 percent of the amount described in
paragraph (1), or
``(B) the adjusted basis of such property (in the
hands of the partnership or the taxpayer, as the case
may be) as of the close of such taxable year
(determined without regard to qualified debt reduction
equity investments and qualified debt reduction
payments made during the taxable year and depreciation
for such year).
``(c) Qualified Debt Reduction Equity Investment; Qualified Debt
Reduction Payment.--For purposes of this section--
``(1) Qualified debt reduction equity investment.--
``(A) In general.--The term `qualified debt
reduction equity investment' means the amount of any
qualified equity investment which is used by the
partnership to reduce the principal amount of qualified
indebtedness of the partnership.
``(B) Qualified equity investment.--The term
`qualified equity investment' means any equity
investment (as defined in section 45D(b)(6)) in a
partnership if--
``(i) such investment is acquired by the
taxpayer at its original issue (directly or
through an underwriter) solely in exchange for
cash,
``(ii) at least 80 percent of such cash is
used by the partnership to reduce the principal
amount of qualified indebtedness of the
partnership,
``(iii) the portion of such cash not so
used is used by the partnership for
improvements to commercial real property held
by the partnership, and
``(iv) the person or persons otherwise
entitled to depreciation on such property
consent to the basis reduction under subsection
(f)(1).
``(C) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(2) Qualified debt reduction payment.--In the case of
commercial real property held by a taxpayer other than a
partnership, the term `qualified debt reduction payment' means
the amount of cash paid by the taxpayer during the taxable year
to reduce the principal amount of qualified indebtedness of the
taxpayer.
``(d) Other Definitions.--For purposes of this section--
``(1) Qualified indebtedness.--
``(A) Partnerships.--The term `qualified
indebtedness' means, with respect to a partnership, any
indebtedness--
``(i) incurred or assumed by the
partnership on or before January 1, 2009, and
``(ii) which is secured by commercial real
property held by the partnership at the time
the qualified debt reduction equity investment
is made by the taxpayer.
``(B) Other taxpayers.--In the case of a taxpayer
other than a partnership, the term `qualified
indebtedness' has the meaning given to such term by
subparagraph (A) determined by substituting--
``(i) `taxpayer' for `partnership', and
``(ii) `qualified debt reduction payment'
for `qualified debt reduction equity
investment'.
``(2) Commercial real property.--The term `commercial real
property' means section 1250 property (as defined in section
1250(c)); except that such term shall not include residential
rental property (as defined in section 168(e)(2)) unless the
building contains at least 3 dwelling units.
``(e) Application of Section 1250.--For purposes of determining the
depreciation adjustments under section 1250 with respect to any
property--
``(1) the deduction allowed by this section shall be
treated as a deduction for depreciation, and
``(2) the depreciation adjustments in respect of such
property shall include all deductions allowed by this section
to all taxpayers by reason of reducing the debt secured by such
property.
``(f) Special Rules.--
``(1) Basis reduction.--The basis of any property with
respect to which any qualified debt reduction equity investment
or qualified debt reduction payment is made shall be reduced by
the amount of the deduction allowed by this section by reason
of such investment or payment.
``(2) Refinancings.--The indebtedness described in
subsection (d)(1)(A)(i) shall include indebtedness resulting
from the refinancing of indebtedness described in such
subsection (or this sentence), but only to the extent it does
not exceed the amount of the indebtedness being refinanced.
``(3) Debt reduction must be in excess of scheduled
payments.--Only amounts paid in excess of the amounts required
to be paid under the terms of the loan may be taken into
account under this section.
``(4) Denial of deduction for debt-financed investments,
etc.--No deduction shall be allowed by this section for any
qualified debt reduction equity investment or any qualified
debt reduction payment to the extent indebtedness is incurred
or continued to make such investment or payment.
``(5) Recapture of deduction if additional debt within 3
years.--
``(A) In general.--If a partnership incurs any
additional debt within 3 years after the date that the
partnership received a qualified debt reduction equity
investment, the ordinary income of the taxpayer making
such investment shall be increased by the applicable
percentage of the recaptured deduction.
``(B) Recaptured deduction.--For purposes of this
paragraph, the recaptured deduction is the excess of--
``(i) the deduction allowed by subsection
(a) on account of a qualified debt reduction
equity investment, over
``(ii) the deduction which would have been
so allowed if such investment had been reduced
by such investment's share of the additional
debt.
``(C) Applicable percentage.--The applicable
percentage shall be determined in accordance with the
following table:
``If, of the 3 years referred to in The applicable percentage is:
subparagraph (A), the
additional debt occurs
during the:
1st such year...................................... 100
2d such year....................................... 66 \2/3\
3d such year....................................... 33 \1/3\
``(D) Investment's share of additional debt.--A
qualified debt reduction equity investment's share of
additional debt is the amount which bears the same
ratio to such additional debt as such taxpayer's
qualified debt reduction equity investment bears to the
aggregate qualified debt reduction equity investments
of all such taxpayers to which subparagraph (A) applies
by reason of such additional debt.
``(E) Subsequent depreciation.--The partnership's
deductions under section 168 for periods after a
recaptured deduction under this paragraph shall be
determined as if the portion of the qualified debt
reduction equity investment allocable to the recaptured
deduction had never been made.
``(F) Similar rules for qualified debt reduction
payments.--Rules similar to the rules of the preceding
provisions of this paragraph shall apply to qualified
debt reduction payments.
``(6) Exemption from passive loss rules.--Section 469 shall
not apply to the deduction allowed by this section.
``(g) Application of Section.--This section shall apply to
qualified debt reduction equity investments and qualified debt
reduction payments made after the date of the enactment of this section
and before January 1, 2013.''.
(b) Earnings and Profits.--Subsection (k) of section 312 of such
Code is amended by adding at the end the following new paragraph:
``(6) Treatment of section 199a.--Paragraphs (1) and (3)
shall not apply to the deduction allowed by section 199A.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 199A. Deduction for equity investments used to buy down debt on
commercial real property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Community Recovery and Enhancement Act of 2010 or the CRE Act of 2010 - Amends the Internal Revenue Code to allow a new tax deduction for 50% of equity investment in a partnership (qualified debt reduction equity investment) and 50% of any payment on commercial real property (qualified debt reduction payment) made to reduce the principal amount of the qualified indebtedness of such partnership or commercial property. Defines "qualified indebtedness" to mean any indebtedness incurred or assumed by a partnership or other taxpayer before January 1, 2009, which is secured by commercial real property. Requires a recapture in income of any deduction taken by a partnership if such partnership incurs additional indebtedness within three years after receiving a qualified debt reduction equity investment under this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for the portion of any equity investment used to buy down debt on commercial real property."} | 2,149 | 173 | 0.653642 | 1.658101 | 0.837116 | 2.71223 | 13.546763 | 0.913669 |
-S-E-C-T-I-O-N -1-. -A-C-Q-U-I-S-I-T-I-O-N -O-F -R-O-O-S-E-V-E-L-T
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-(-a-) -I-n -G-e-n-e-r-a-l-.---
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-a-p-p-r-o-p-r-i-a-t-e-d -f-u-n-d-s-, -d-o-n-a-t-i-o-n-, -o-r
-o-t-h-e-r-w-i-s-e-, -l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n
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-F-r-a-n-k-l-i-n -D-. -R-o-o-s-e-v-e-l-t -o-r -h-i-s
-f-a-m-i-l-y -a-t -t-h-e -t-i-m-e -o-f -h-i-s -d-e-a-t-h-, -a-s
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-d-a-t-e-d -N-o-v-e-m-b-e-r -1-9-, -1-9-9-3-.
-(-2-) -L-i-m-i-t-a-t-i-o-n-s-.---
-(-A-) -R-e-s-i-d-e-n-t-i-a-l -p-r-o-p-e-r-t-y-.---
-T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -o-n-l-y
-a-c-q-u-i-r-e -t-h-o-s-e -r-e-s-i-d-e-n-t-i-a-l
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-i-n-c-l-u-d-i-n-g -h-i-s -p-a-r-e-n-t-s-,
-s-i-b-l-i-n-g-s-, -w-i-f-e-, -a-n-d -c-h-i-l-d-r-e-n-.
-(-B-) -S-t-a-t-e -l-a-n-d-s-.----L-a-n-d-s -a-n-d
-i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -d-e-p-i-c-t-e-d -o-n
-t-h-e -m-a-p -r-e-f-e-r-r-e-d -t-o -i-n
-s-u-b-s-e-c-t-i-o-n -(-a-) -t-h-a-t -a-r-e -o-w-n-e-d
-b-y -t-h-e -S-t-a-t-e -o-f -N-e-w -Y-o-r-k-, -o-r -a
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -o-f -t-h-e
-S-t-a-t-e-, -m-a-y -o-n-l-y -b-e -a-c-q-u-i-r-e-d -b-y
-d-o-n-a-t-i-o-n-.
-(-3-) -P-r-i-o-r-i-t-y-.----I-n -a-c-q-u-i-r-i-n-g
-l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d
-p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e
-S-e-c-r-e-t-a-r-y -s-h-a-l-l-, -t-o -t-h-e -e-x-t-e-n-t
-p-o-s-s-i-b-l-e-, -g-i-v-e -p-r-i-o-r-i-t-y -t-o
-a-c-q-u-i-r-i-n-g -t-h-e -t-r-a-c-t -o-f -l-a-n-d-s
-c-o-m-m-o-n-l-y -k-n-o-w-n -a-s -t-h-e -`-`-O-p-e-n -P-a-r-k
-H-o-d-h-o-m-e -T-r-a-c-t-'-'-, -a-s -g-e-n-e-r-a-l-l-y
-d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p -r-e-f-e-r-r-e-d -t-o -i-n
-s-u-b-s-e-c-t-i-o-n -(-a-)-.
-(-4-) -C-o-s-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -m-a-y
-p-a-y -t-h-e -c-o-s-t-s-, -i-n-c-l-u-d-i-n-g -t-i-t-l-e
-s-e-a-r-c-h -a-n-d -s-u-r-v-e-y-, -a-s-s-o-c-i-a-t-e-d
-w-i-t-h -t-h-e -a-c-q-u-i-s-i-t-i-o-n -o-f -l-a-n-d-s -a-n-d
-i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s
-s-e-c-t-i-o-n-.
-(-b-) -A-d-m-i-n-i-s-t-r-a-t-i-o-n-.----L-a-n-d-s -a-n-d
-i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -a-c-q-u-i-r-e-d -b-y -t-h-e
-S-e-c-r-e-t-a-r-y -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n
-s-h-a-l-l -b-e -a-d-d-e-d -t-o-, -a-n-d -a-d-m-i-n-i-s-t-e-r-e-d -a-s
-p-a-r-t -o-f-, -t-h-e -F-r-a-n-k-l-i-n -D-e-l-a-n-o -R-o-o-s-e-v-e-l-t
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-R-o-o-s-e-v-e-l-t -N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c -S-i-t-e-, -a-s
-a-p-p-r-o-p-r-i-a-t-e-.
-(-c-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f
-A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d
-t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -s-u-c-h -s-u-m-s -a-s -a-r-e
-n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t-.
SECTION 1. ACQUISITION OF LANDS.
(a) In General.--(1) The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') is authorized to acquire, by purchase
with donated or appropriated funds, donation, or otherwise, lands and
interests therein in the following properties located at Hyde Park, New
York identified as lands critical for protection as depicted on the map
entitled ``Roosevelt Family Estate'' and dated September 1994:
(A) The ``Open Park Hodhome Tract'', consisting of
approximately 30 acres, which shall be the highest priority for
acquisition.
(B) The ``Top Cottage Tract'', consisting of approximately
30 acres.
(C) The ``Poughkeepsie Shopping Center, Inc. Tract'',
consisting of approximately 55 acres.
(b) Administration.--Lands and interests therein acquired by the
Secretary pursuant to this Act shall be added to, and administered by
the Secretary as part of the Franklin Delano Roosevelt National
Historic Site or the Eleanor Roosevelt National Historic Site, as
appropriate.
(c) Authorization of Appropriations.--There are hereby authorized
to be appropriated not to exceed $3,000,000 to carry out this Act. | Authorizes the Secretary of the Interior to acquire lands and interests in specified properties located at Hyde Park, New York, identified as lands critical for protection on the Roosevelt Family Estate to be added to and administered by the Secretary as part of the Franklin Delano Roosevelt National Historic Site or the Eleanor Roosevelt National Historic Site. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the acquisition of certain lands formerly occupied by the Franklin D. Roosevelt family, and for other purposes."} | 3,794 | 77 | 0.203297 | 0.390326 | -0.118315 | 5.31746 | 48.968254 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coverage Protection Act''.
SEC. 2. AUTHORITY TO PROVIDE TIMELY COVERAGE FOR INDIVIDUALS WHO WERE
UNABLE TO ENROLL IN A QUALIFIED HEALTH PLAN.
(a) In General.--In the case of an individual who enrolls in a
qualified health plan offered through an Exchange established under
title I of the Patient Protection and Affordable Care Act (Public Law
111-148) before February 1, 2014, the Secretary of Health and Human
Services shall require that the issuer of the plan treat such
individual as enrolled in such plan as of December 23, 2013, if the
following conditions are met:
(1) Attempted timely enrollment.--The individual submits,
not later than January 31, 2014, an attestation (in such form
and manner as the Secretary may require) that the individual--
(A) made reasonable, good-faith attempts, but was
unable, to successfully enroll in such a plan through
an Exchange before December 23, 2013; or
(B) was initially determined through healthcare.gov
to be eligible to enroll in a Medicaid plan under title
XIX of the Social Security Act but is not eligible to
so enroll in such a Medicaid plan and, because of such
incorrect eligibility determination, was subsequently
unable to enroll in a qualified health plan before
December 23, 2013.
(2) Payment of premiums.--The individual pays to the health
insurance issuer issuing the qualified health plan in which
such individual is enrolled (either directly or through the
Exchange) any applicable premiums owed by such individual for
enrollment in the plan taking into account the amount of any
premium assistance made available under section 36B of the
Internal Revenue Code of 1986.
(b) Application for Purposes of Premium Assistance, Reduced Cost-
Sharing, and Individual Responsibility.--Coverage provided under a
qualified health plan for January and February of 2014 under subsection
(a) shall be counted as coverage under such a plan by or through an
Exchange for such months for all purposes, including the following:
(1) Premium assistance.--Section 36B of the Internal
Revenue Code of 1986.
(2) Cost-sharing reductions.--Section 1402 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071).
(3) Individual responsibility requirement.--Section 5000A
of the Internal Revenue Code of 1986.
SEC. 3. RETROACTIVE COVERAGE AND PREMIUM ASSISTANCE.
Section 1311(c) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)) is amended by adding at the end the following:
``(7) State option to make initial coverage retroactive.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary shall permit a State,
at the option of the State, to make coverage under a
qualified health plan retroactive to January 1, 2014,
with respect to an individual who enrolls in such plan
through the State Exchange (or the Federal Exchange in
the case of a State that has not established a State
Exchange) during the period established by the State
under subparagraph (B). Any health care items or
services provided to such enrollee in January of 2014
shall be covered retroactively under the plan as if the
enrollee had been enrolled on January 1 of such year.
``(B) Period.--The period established under this
subparagraph shall be the period beginning on December
23, 2013, and ending on a date determined by the State,
but in no event later than January 31, 2014, except
that a State that has an enrollment deadline that is
prior to December 23, 2013, may modify the period under
this subparagraph to encompass such deadline.
``(C) Tax credits and cost sharing assistance.--If
an individual is determined to be eligible for a tax
credit under section 36B of the Internal Revenue Code
of 1986 or cost-sharing assistance under section 1402,
but such determination has not been verified by the
date on which the individual enrolls in the qualified
health plan involved, the credit and assistance shall
be applied on a retroactive basis to January 1, 2014,
and the initial premium payment amount shall be offset
to include such credit and assistance amounts for such
month.''.
SEC. 4. TRANSITIONAL USE OF RECEIPT OF INSURANCE PAYMENT AS ALTERNATIVE
TO HEALTH INSURANCE CARD FOR EXCHANGE PLANS.
(a) In General.--The Secretary of Health and Human Services shall
require a health insurance issuer that offers a qualified health plan
through an Exchange under title I of the Patient Protection and
Affordable Care Act (Public Law 111-148)--
(1) to allow in-network providers in such plan to treat,
for purposes of coverage under the plan, a receipt of payment
of premiums by an individual enrolled under the plan for
January or February 2014 who has not received a health
insurance card from the issuer in the same manner as if such
receipt were such a health insurance card issued to such
individual by the issuer for services furnished during such
month; and
(2) to notify such in-network providers of the policy under
paragraph (1).
(b) Rule of Construction.--Nothing in this section shall be
construed as precluding a health care provider from directly seeking to
verify the status of the enrollment of an individual in a qualified
health plan offered through an Exchange by contacting the Exchange or
the issuer of such plan. | Coverage Protection Act - Directs the Secretary of Health and Human Services (HHS), in the case of an individual who enrolls in a qualified health plan offered through a health care exchange established under the Patient Protection and Affordable Care Act (PPACA) before February 1, 2014, to require the issuer of the plan to treat such individual as enrolled as of December 23, 2013, if the individual: attests, not later than January 31, 2014, to making reasonable, good-faith attempts to successfully enroll in such a plan through an exchange before December 23, 2013, or was initially determined through healthcare.gov to be eligible to enroll in a Medicaid plan but is not eligible to so enroll in such a plan and, because of the incorrect eligibility determination, was subsequently unable to enroll in a qualified plan before December 23, 2013; and pays to the issuer of the plan in which the individual is enrolled any premiums owed for enrollment in the plan, taking into account the amount of any premium assistance made available under the Internal Revenue Code. Counts coverage provided under a qualified plan for January and February 2014 under this Act as coverage under such a plan by or through an exchange for such months for all purposes, including premium assistance, PPACA cost-sharing reductions, and the requirement to maintain minimum essential coverage. Amends PPACA to allow a state to make coverage under a qualified plan retroactive to January 1, 2014, with respect to an individual who enrolls through the state exchange (or the federal exchange in the case of a state that does not have one) during the period established by the state that begins on December 23, 2013, and ends on a date determined by the state, but not later than January 31, 2014. Allows a state that has an enrollment deadline that is prior to December 23, 2013, to modify the period to encompass such deadline. Applies retroactively to January 1, 2014, any premium assistance tax credit or cost-sharing assistance for which the individual is determined to be eligible, but where the determination has not been verified by the date on which the individual enrolls in the qualified plan. Directs the Secretary to require a health insurance issuer that offers a qualified plan through an exchange to: allow in-network providers in the plan to treat a receipt of payment of premiums by an individual enrolled for January or February 2014 who has not received a health insurance card from the issuer in the same manner as if such receipt were such a health insurance card issued for services furnished during such month; and notify such in-network providers of that policy. | {"src": "billsum_train", "title": "Coverage Protection Act"} | 1,206 | 545 | 0.774029 | 2.352881 | 0.731139 | 5.51992 | 2.165339 | 0.946215 |
SECTION 1. CONTINUED USE OF 2009 MEDICARE PRACTICE EXPENSE RELATIVE
VALUE UNITS FOR CERTAIN CARDIOLOGY SERVICES.
Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)) is amended by adding at the end the following new
subparagraph:
``(K) Continued use of 2009 practice expense
relative value units for certain cardiology services.--
``(i) In general.--Notwithstanding any
other provision of law, including provisions
contained in the final rule published in the
Federal Register on November 25, 2009 (74 Fed.
Reg. 61737), relating to CY 2010 relative value
units, subject to clause (iii) and the second
sentence of clause (iv), in determining the
practice expense payment under this paragraph
for services performed predominantly by
cardiologists and furnished on or after January
1, 2010, the Secretary shall continue practice
expense relative value units at the levels for
CY 2009 for such services. For purposes of the
previous sentence, the services performed
predominantly by cardiologists include (as
determined by the Secretary) cardiac monitoring
services, services performed primarily for the
diagnosis or treatment of heart disease, and
other services at least 50 percent of which are
performed under this part by cardiologists.
``(ii) Inclusion of specific cardiac
codes.--In determining practice expense
relative value units under this paragraph for
myocardial perfusion imaging (CPT codes 78451-
78454) for services furnished on or after
January 1, 2010, subject to clause (iii) and
the second sentence of clause (iv), the
Secretary shall use the 2009 practice expense
relative value units for the previous codes
that were combined to create such CPT codes.
``(iii) New cpt code implementation
permitted.--Nothing in clause (i) or (ii) shall
be construed to prevent new category I CPT
codes related to cardiovascular computed
tomography and cardiovascular magnetic
resonance imaging, published in the rule
referred to in clause (i), from taking effect
on January 1, 2010.
``(iv) Study and report on practice expense
methodology.--The Secretary, in consultation
with medical specialty society stakeholders and
other affected stakeholders, shall enter into a
contract with an independent entity--
``(I) to conduct a study of the
practice expense methodology used to
determine relative value units under
this paragraph to determine whether the
cost finding, indirect cost allocation,
scaling, and budget neutrality
methodologies used are consistent with
generally accepted accounting
principles, distribute the burden of
any necessary budget neutrality
adjustments proportionally among all
physicians' services, comparison to
other payment methodologies, and result
in allowances that accurately reflect
the relative direct and indirect
resources involved in the provision of
various physicians' services; and
``(II) to submit to the Secretary
and Congress no later than January 1,
2011, a report on such study that
includes recommendations for
determining practice expense under this
subsection.
Upon completion of such study, the Secretary
may adjust the practice expense relative value
units described in clause (i) and the codes
described in clause (ii) for services furnished
on or after such date (not earlier than January
1, 2012) as the Secretary may specify.
``(v) No budget neutrality adjustment.--The
Secretary shall not make any reduction in
relative value units or other budget neutrality
adjustments pursuant to the application of the
previous provisions of this subparagraph.''. | Amends title XVIII (Medicare) of the Social Security Act to authorize continued use of 2009 Medicare practice expense relative value units for certain cardiology services.
Directs the Secretary of Health and Human Services (HHS) to contract with an independent entity to study and report to Congress on the practice expense methodology used to determine relative value units under this Act to determine whether the cost finding, indirect cost allocation, scaling, and budget neutrality methodologies used: (1) are consistent with generally accepted accounting principles; (2) distribute the burden of any necessary budget neutrality adjustments proportionally among all physicians' services; and (3) result in allowances that accurately reflect the relative direct and indirect resources involved in the provision of various physicians' services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to continue using 2009 Medicare practice expense relative value units for certain cardiology services."} | 744 | 148 | 0.566733 | 1.561317 | 0.641765 | 3.808511 | 5.007092 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention Act
of 2011''.
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any appropriation measure for a fiscal year is not
enacted before the beginning of such fiscal year or a joint resolution
making continuing appropriations is not in effect, there are
appropriated such sums as may be necessary to continue any program,
project, or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding appropriation Act for such
preceding fiscal year; or
``(B) if the corresponding appropriation bill for such
preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2)(A) Except as provided in subparagraph (B), appropriations and
funds made available, and authority granted, for a program, project, or
activity for any fiscal year pursuant to this section shall be at a
rate of operations not in excess of the lower of--
``(i) 99 percent of the rate of operations provided for in
the regular appropriation Act providing for such program,
project, or activity for the preceding fiscal year;
``(ii) in the absence of such an Act, 99 percent of the
rate of operations provided for such program, project, or
activity pursuant to a joint resolution making continuing
appropriations for such preceding fiscal year;
``(iii) 99 percent of the annualized rate of operations
provided for in the most recently enacted joint resolution
making continuing appropriations for part of that fiscal year
or any funding levels established under the provisions of this
Act;
for the period of three months. For each subsequent three-month period
during which this subsection is in effect for that fiscal year, the
applicable rate of operations shall be reduced by one percentage point.
No 90-day period beginning in a fiscal year shall extend beyond the
last day of that fiscal year.
``(B) The total amount of appropriations and funds made available,
and authorization granted, for a program, projects, or activity, shall
not exceed levels set forth in section 257(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a program,
project, or activity shall be available for the period beginning with
the first day of a lapse in appropriations and ending with the earlier
of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such program, project, or activity)
or a continuing resolution making appropriations becomes law,
as the case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a program, project, or activity for any fiscal year
pursuant to this section shall be subject to the terms and conditions
imposed with respect to the appropriation made or funds made available
for the preceding fiscal year, or authority granted for such program,
project, or activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any program, project, or activity for any fiscal year
pursuant to this section shall cover all obligations or expenditures
incurred for such program, project, or activity during the portion of
such fiscal year for which this section applies to such program,
project, or activity.
``(d) Expenditures made for a program, project, or activity for any
fiscal year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such program, project, or activity
for such period becomes law.
``(e) This section shall not apply to a program, project, or
activity during a fiscal year if any other provision of law (other than
an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such program, project, or activity to
continue for such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such program, project, or activity to continue
for such period.''.
(b) Clerical Amendment.--The table of sections of chapter 13 of
title 31, United States Code, is amended by inserting after the item
relating to section 1310 the following new item:
``1311. Continuing appropriations.''. | Government Shutdown Prevention Act of 2011 - Makes specified provisional (automatic) continuing appropriations in the event that any regular appropriation bill for a fiscal year is not enacted before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. (Thus prevents a federal government shutdown.) | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide for automatic continuing resolutions."} | 1,101 | 79 | 0.592252 | 1.299415 | 0.99245 | 3.338983 | 17.423729 | 0.898305 |
SECTION 1. CREDIT FOR HIGH TECHNOLOGY JOB TRAINING EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45D. CREDIT FOR HIGH TECHNOLOGY JOB TRAINING.
``(a) General Rule.--For purposes of section 38, the high
technology job training credit determined under this section is an
amount equal to 50 percent of the qualified high technology job
training expenses paid or incurred by the taxpayer during the taxable
year.
``(b) Limitation.--The credit allowed under subsection (a) shall
not exceed $2,500 for the taxable year with respect to each
substantially full-time employee.
``(c) Qualified High Technology Job Training Expense.--For purposes
of this section--
``(1) In general.--The term `qualified high technology job
training expense' means any expense for educational assistance
described in paragraph (1) of section 127(c) for the training
of a substantially full-time employee in an information
technology occupation.
``(2) Exceptions.--Such term does not include--
``(A) expenses for which any other Federal or State
credit or payment is made; or
``(B) expenses paid or incurred for a professional
conference or for an orientation program.
``(d) Information Technology Occupation.--For purposes of this
section, the term `information technology occupation' means an
occupation specializing in the study, design, development,
implementation, support, or management of computer based information
systems, such as computer scientist, computer engineer, systems
analyst, or computer programmer.
``(e) Substantially Full-Time Employee.--For purposes of this
section, the term `substantially full-time employee' means an employee
of the taxpayer who is normally employed for at least 30 hours per
week.
``(f) Aggregation Rules.--All persons treated as a single employer
under subsection (a) or (b) of section 52 or subsection (m) or (o) of
section 414 shall be treated as one person for purposes of this
section.
``(g) Termination.--This section shall not apply to any expenses
paid or incurred after December 31, 2003.''
(b) Current Year Business Credit Calculation.--Subsection (b) of
section 38 of such Code is amended--
(1) by striking ``plus'' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``, plus''; and
(3) by adding at the end the following:
``(13) the high technology job training credit determined
under section 45D(a).''
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following:
``(d) Credit for Certain Job Training Expenses.--No deduction shall
be allowed for that portion of the qualified high technology job
training expenses (as defined in section 45D(c)) paid or incurred
during the taxable year that is equal to the amount of credit
determined for the taxable year under section 45D(a). In the case of a
corporation which is a member of a controlled group of corporations
(within the meaning of section 52(a)) or a trade or business which is
treated as being under common control with other trades or businesses
(within the meaning of section 52(b)), this subsection shall be applied
under rules prescribed by the Secretary similar to the rules applicable
under subsections (a) and (b) of section 52.''
(d) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``, and''; and
(3) by adding at the end the following:
``(8) the high technology job training credit determined
under section 45D(a).''
(e) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following:
``(8) No carryback of high technology job training credit
before effective date.--No amount of unused business credit
available under section 45D may be carried back to a taxable
year beginning on or before the date of the enactment of this
paragraph.''
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45C the following:
``Sec. 45D. Credit for high technology
job training.''
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to temporarily establish an employer tax credit of up to $2,500 annually for expenses incurred for each full-time employee receiving high technology job training. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for high technology job training expenses."} | 1,138 | 37 | 0.562445 | 1.32645 | 0.731972 | 2.242424 | 30.727273 | 0.787879 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Access to Capital Act
of 2015''.
SEC. 2. SMALL BANK HOLDING COMPANY POLICY STATEMENT THRESHOLD.
(a) Asset Threshold.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Board of
Governors of the Federal Reserve System shall revise the Small Bank
Holding Company Policy Statement on Assessment of Financial and
Managerial Factors (12 C.F.R. part 225, appendix C) to change the asset
threshold under such policy from ``less than $1,000,000,000'' (as set
by Public Law 113-250) to ``less than $5,000,000,000''.
(b) Conforming Amendment.--Section 171(b)(5)(C) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5371(b)(5)(C)) is amended by striking ``$1,000,000,000'' and inserting
``$5,000,000,000''.
SEC. 3. BASEL III EXEMPTION FOR COMMUNITY BANKS.
(a) In General.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Comptroller of
the Currency, the Board of Governors of the Federal Reserve System, and
the Federal Deposit Insurance Corporation shall issue regulations
exempting community banks from any regulation issued to implement the
``International regulatory framework for banks (Basel III)''.
(b) Capital Requirements Adjustment.--The Comptroller of the
Currency, the Board of Governors of the Federal Reserve System, and the
Federal Deposit Insurance Corporation shall make such revisions to
capital requirements as they determine necessary or appropriate in
light of the regulations required under subsection (a).
(c) Community Bank Defined.--For purposes of this section, the term
``community bank'' means an insured depository institution (as defined
under section 3 of the Federal Deposit Insurance Act) with consolidated
assets of $50,000,000,000 or less.
SEC. 4. INTERNAL CONTROL ATTESTATION REQUIREMENT EXEMPTIONS.
Section 404(c) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(c)) is amended--
(1) by striking ``that is neither'' and inserting the
following: ``that--
``(1) is neither'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) is an insured depository institution or a depository
institution holding company (as such terms are defined,
respectively, under section 3 of the Federal Deposit Insurance
Act), and has less than $1,000,000,000 in consolidated
assets.''.
SEC. 5. REGULATION D CHANGES.
The Securities and Exchange Commission--
(1) may not adjust--
(A) the $1,000,000 net worth threshold under
section 230.501(a)(5) of title 17, Code of Federal
Regulations; or
(B) the $200,000 and $300,000 income thresholds
under section 230.501(a)(6) of title 17, Code of
Federal Regulations; and
(2) shall, not later than the end of the 3-month period
beginning on the date of the enactment of this Act, revise
section 230.506(b)(2)(i) of title 17, Code of Federal
Regulations, to change the limitation on the number of
purchasers contained in such section from 35 to 70.
SEC. 6. SHAREHOLDER THRESHOLD TREATMENT OF SAVINGS AND LOAN HOLDING
COMPANIES.
(a) Amendments to Section 12 of the Securities Exchange Act of
1934.--Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)) is amended--
(1) in paragraph (1)(B), by striking ``or a bank holding
company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
``, a bank holding company, or a savings and loan holding
company''; and
(2) in paragraph (4), by striking ``or a bank holding
company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
``, a bank holding company, or a savings and loan holding
company''.
(b) Amendments to Section 15 of the Securities Exchange Act of
1934.--Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)) is amended, in the third sentence, by striking ``or a bank
holding company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841), 1,200 persons persons''
and inserting ``, a bank holding company, or a savings and loan holding
company of less than 1,200 persons''.
(c) Definitions.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended--
(1) by redesignating the second paragraph (80) (relating to
funding portals) as paragraph (81); and
(2) by adding at the end the following:
``(82) Bank holding company.--The term `bank holding
company' has the meaning given such term under section 2 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1841).
``(83) Savings and loan holding company.--The term `savings
and loan holding company' has the meaning given such term under
section 10(a) of the Home Owners' Loan Act (12 U.S.C.
1467a(a)).''. | Community Bank Access to Capital Act of 2015 This bill directs the Board of Governors of the Federal Reserve System to increase the asset threshold under the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors from less than $1 billion to less than $5 billion. The Comptroller of the Currency, the Board, and the Federal Deposit Insurance Corporation (FDIC) shall exempt community banks from regulations implementing the International Regulatory Framework for Banks (Basel III), and, as they determine appropriate, to adjust the related capital requirements. A community bank is defined as one whose consolidated assets are $50 billion or less. The bill also exempts from the internal control attestation requirements of the Sarbanes-Oxley Act of 2002 both an insured depository institution and a depository institution holding company with consolidated assets of less than $1 billion. Savings and loan associations meeting specified asset and equity security holder criteria shall be subject to security registration requirements. The Securities and Exchange Commission (SEC) is prohibited from adjusting under Regulation D the $1 million net worth threshold and $200,000 and $300,000 income thresholds that define a natural person as an accredited investor. The SEC shall increase from 35 to 70 the number of purchasers of securities in transactions deemed not to involve a public offering and so are exempt from regulation under the Securities Exchange Act of 1933. The Securities Exchange Act of 1934 is amended to: (1) subject a savings and loan holding company to registration requirements for securities whose issuer has total assets exceeding $10 million and a class of non-exempt equity security held of record by 2,000 or more persons; and (2) apply the automatic termination of registration, and suspension of the duty to file supplementary and periodic information, to a savings and loan holding company whose securities are found to be held by less than 1,200 persons. | {"src": "billsum_train", "title": "Community Bank Access to Capital Act of 2015"} | 1,348 | 394 | 0.669028 | 2.065875 | 0.773409 | 2.577465 | 3.121127 | 0.774648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Compliance Assistance
Enhancement Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Small businesses represent 99.7 percent of all
employers, employ half of all private sector employees, and pay
44.3 percent of total United States private payroll.
(2) Small businesses generated 60 to 80 percent of net new
jobs annually over the last decade.
(3) Very small firms with fewer than 20 employees spend 60
percent more per employee than larger firms to comply with
Federal regulations. Small firms spend twice as much on tax
compliance as their larger counterparts. Based on an analysis
in 2001, firms employing fewer than 20 employees face an annual
regulatory burden of nearly $7,000 per employee, compared to a
burden of almost $4,500 per employee for a firm with over 500
employees.
(4) Section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) requires
agencies to produce small entity compliance guides for each
rule or group of rules for which an agency is required to
prepare a final regulatory flexibility analysis under section
604 of title 5, United States Code.
(5) The Government Accountability Office has found that
agencies have rarely attempted to comply with section 212 of
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note). When agencies did try to comply with that
requirement, they generally did not produce adequate compliance
assistance materials.
(6) The Government Accountability Office also found that
section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and other sections of
that Act need clarification to be effective.
(b) Purposes.--The purposes of this Act are the following:
(1) To clarify the requirement contained in section 212 of
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note) for agencies to produce small entity
compliance guides.
(2) To clarify other terms relating to the requirement in
section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note).
(3) To ensure that agencies produce adequate and useful
compliance assistance materials to help small businesses meet
the obligations imposed by regulations affecting such small
businesses, and to increase compliance with these regulations.
SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.
(a) In General.--Section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by
striking subsection (a) and inserting the following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of related rules
for which an agency is required to prepare a final regulatory
flexibility analysis under section 605(b) of title 5, United
States Code, the agency shall publish 1 or more guides to
assist small entities in complying with the rule and shall
entitle such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each guide
under this subsection shall include--
``(A) the posting of the guide in an easily
identified location on the website of the agency; and
``(B) distribution of the guide to known industry
contacts, such as small entities, associations, or
industry leaders affected by the rule.
``(3) Publication date.--An agency shall publish each guide
(including the posting and distribution of the guide as
described under paragraph (2))--
``(A) on the same date as the date of publication
of the final rule (or as soon as possible after that
date); and
``(B) not later than the date on which the
requirements of that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain the
actions a small entity is required to take to comply
with a rule.
``(B) Explanation.--The explanation under
subparagraph (A)--
``(i) shall include a description of
actions needed to meet the requirements of a
rule, to enable a small entity to know when
such requirements are met; and
``(ii) if determined appropriate by the
agency, may include a description of possible
procedures, such as conducting tests, that may
assist a small entity in meeting such
requirements.
``(C) Procedures.--Procedures described under
subparagraph (B)(ii)--
``(i) shall be suggestions to assist small
entities; and
``(ii) shall not be additional requirements
relating to the rule.
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter of
the rule and the language of relevant statutes, ensure that the
guide is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities and may cooperate with associations of
small entities to develop and distribute such guides. An agency
may prepare guides and apply this section with respect to a
rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the date of
enactment of the Small Business Compliance Assistance
Enhancement Act of 2005, and annually thereafter, the head of
each agency shall submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives describing
the status of the agency's compliance with paragraphs (1)
through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of the
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601 note) is amended by inserting ``and entitled'' after
``designated''. | Small Business Compliance Assistance Enhancement Act of 2005 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis whenever an agency determines that a Federal rule or group of rules will have a significant economic impact on a substantial number of small entities. | {"src": "billsum_train", "title": "A bill to enhance compliance assistance for small businesses."} | 1,290 | 97 | 0.526515 | 1.384624 | 0.999935 | 4.597561 | 14.682927 | 0.865854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Force Science and Technology
Reinvigoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When the Air Force was established in 1947 as an
independent service, its founders expected that it would ensure
that scientific research and technology development would be a
priority of America's aeronautical defenses.
(2) Scientific investigation, accompanied by the new
knowledge it generates, is the cornerstone of air, space, and
information superiority. To maintain air, space, and
information superiority, a strong research base is critical.
Sustaining a strong research and development base is a
continuous effort, taking place both inside and outside the Air
Force and involving the best minds of the Nation.
(3) The vision of Air Force founder General Henry H. Arnold
and others--that the Air Force should be built around science--
remains as vital today as it was more than 50 years ago.
(4) Investment in Air Force research and development has
resulted in benefits to American industry, especially the
aerospace industry, and made significant contributions to the
American economy.
SEC. 3. SENSE OF CONGRESS REGARDING SCIENCE AND TECHNOLOGY FUNCTIONS OF
THE DEPARTMENT OF THE AIR FORCE.
It is the sense of Congress that--
(1) to ensure sufficient financial resources are devoted to
emerging technologies, not less than 2.5 percent of the funds
available for obligation by the Air Force should be dedicated
to science and technology;
(2) management and funding for science and technology by
the Air Force should be separate from management and funding
for acquisition by the Air Force;
(3) to increase long-term investments, not less than 15
percent of science and technology funds available for
obligation by the Air Force should be invested in new
technology areas, including critical information technology
programs, for the next 5 years;
(4) to maintain a sufficient base of scientists and
engineers to meet the technological challenges of the future,
the Air Force should--
(A) increase the number of Air Force officers and
civilian employees holding doctorate degrees in
technical fields; and
(B) increase the number and variety of technical
degrees at the master's level granted to Air Force
officers and civilian employees from both the Air Force
Institute of Technology and civilian universities; and
(5) to ensure Air Force science and technology does not
stagnate, a concentrated effort should be made to eliminate 5
percent of science and technology programs each year, with
funds from the discontinued programs used for new science and
technology programs.
SEC. 4. AMENDMENTS RELATING TO SCIENCE AND TECHNOLOGY FUNCTIONS OF THE
DEPARTMENT OF THE AIR FORCE.
(a) Separation of Research and Development Function from Equipping
Function of Secretary of the Air Force.--Section 8013(b) of title 10,
United States Code, is amended--
(1) in paragraph (4), by striking ``(including research and
development)''; and
(2) by adding at the end the following new paragraph:
``(13) Research and development.''.
(b) Research and Development Function of the Office of the
Secretary of the Air Force.--(1) Section 8014(c)(1) of such title is
amended by adding at the end the following new subparagraph:
``(H) Research and Development.''.
(2) Section 8014 of such title is amended--
(A) by striking out subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(c) Establishment of Assistant Secretary of the Air Force for
Science and Technology.--(1) Section 8016 of such title is amended--
(A) in subsection (a), by striking out ``four'' and
inserting in lieu thereof ``five''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(4) One of the Assistant Secretaries shall be the Assistant
Secretary of the Air Force for Science and Technology. The Assistant
Secretary shall have as his principal duty the overall supervision of
science and technology functions of the Department of the Air Force.''.
(2) Section 5315 of title 5, United States Code, is amended in the
item relating to the Assistant Secretaries of the Air Force by striking
out ``(4)'' and inserting in lieu thereof ``(5)''.
(d) Establishment of Deputy Chief of Staff for Science and
Technology.--Section 8035 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c) One of the Deputy Chiefs of Staff shall be the Deputy Chief
of Staff for Science and Technology.''.
SEC. 5. STUDY.
(a) Requirement.--The Secretary of the Air Force shall enter into a
contract with the National Research Council of the National Academy of
Sciences to study the technology base of the Air Force.
(b) Matters Covered.--The study shall--
(1) recommend the minimum requirements to maintain a
technology base that is sufficient, based on both historical
developments and future projections, to project superiority in
air and space weapons systems, and information technology;
(2) address the effects on national defense and civilian
aerospace industries and information technology by reducing
funding below the minimum level described in paragraph (1) of
section 3; and
(3) recommend the appropriate level of staff holding
baccalaureate, masters, and doctorate degrees, and the optimal
ratio of civilian and military staff holding such degrees, to
ensure that science and technology functions of the Air Force
remain vital.
(c) Report.--Not later than 120 days after the date on which the
study required under subsection (a) is completed, the Secretary shall
submit to Congress a report on the results of the study. | Air Force Science and Technology Reinvigoration Act - Expresses the sense of the Congress that: (1) not less than two and one-half percent of the funds available for obligation by the Air Force should be dedicated to science and technology; (2) management and funding for science and technology by the Air Force should be separate from management and funding for acquisition; (3) not less than 15 percent of science and technology funds available for obligation by the Air Force should be invested in new technology areas, including critical information technology programs, for the next five years; (4) the Air Force should increase the number of Air Force officers and civilian employees holding doctorate degrees in technical fields and the number and variety of technical degrees at the master's level granted to Air Force officers and civilian employees from both the Air Force Institute of Technology and civilian universities; and (5) a concentrated effort should be made to eliminate five percent of science and technology programs each year, with funds from the discontinued programs used for new science and technology programs.
Makes amendments relating to science and technology functions of the Department of the Air Force, including to: (1) make research and development a separate function of the Secretary of the Air Force, (currently included as an equipping function of the Secretary); (2) make the Office of the Secretary of the Air Force solely responsible for research and development functions within the Office of the Secretary and the Air Staff; (3) establish in the Office of the Secretary of the Air Force an Assistant Secretary of the Air Force for Science and Technology to be responsible for the overall supervision of science and technology functions of the Department of the Air Force; and (4) establish within the Air Staff a Deputy Chief of Staff for Science and Technology.
Directs the Secretary of the Air Force to enter into a contract with the National Research Council of the National Academy of Sciences to study the technology base of the Air Force. Requires such study to: (1) recommend the minimum requirements to maintain a technology base that is sufficient, based on both historical developments and future projections, to project superiority in air and space weapons systems and information technology; (2) address the effects on national defense and civilian aerospace industries and information technology by reducing funding below the minimum level of two and one- half percent; and (3) recommend the appropriate level of staff holding baccalaureate, masters, and doctorate degrees, and the optimal ratio of civilian and military staff holding such degrees, to ensure that science and technology functions of the Air Force remain vital. | {"src": "billsum_train", "title": "Air Force Science and Technology Reinvigoration Act"} | 1,245 | 513 | 0.802224 | 2.779748 | 0.79107 | 6.409543 | 2.415507 | 0.954274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Resource Governance Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) energy prices have risen dramatically, leading to
significant harm to particular sectors of the economy;
(2) an affordable domestic energy supply is vital to the
continued growth and vitality of our Nation's economy;
(3) an uninterrupted supply of oil and other energy is
necessary to protect the United States national security
interests; and
(4) the United States continued dependence on foreign
sources of energy, particularly on the Organization of
Petroleum Exporting Countries (OPEC), for the majority of its
petroleum and energy needs is harmful to our national security
and will not guarantee lower fuel prices and protect our
economy.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established the National Energy Self-Sufficiency
Commission (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
(a) Duties.--The duties of the Commission are--
(1) to investigate and study issues and problems relating
to issues involving the importation of and dependence on
foreign sources of energy;
(2) to evaluate proposals and current arrangements with
respect to such issues and problems with the goal of seeking
out ways to make the United States self-sufficient in the
production of energy by the year 2011;
(3) to explore whether alternate sources of energy such as
ethanol, solar power, electricity, natural gas, coal, hydrogen,
wind energy, and any other forms of alternative power sources
should be considered, including other potential and actual
sources;
(4) to investigate the affordability of oil exploration and
drilling in areas which currently are not being used for
drilling, whether because of the cost of doing so, because of
current law, or because of environmental regulation that may
prohibit such drilling;
(5) to appear at any congressional oversight hearing before
the proper congressional oversight committee to testify as to
the progress and operation of the Commission and its findings;
(6) to consider tax credits and other financial incentives,
along with expanded drilling in areas such as the Arctic
National Wildlife Refuge and offshore, to help promote and
establish the viability and research of alternative forms of
energy and domestic oil exploration;
(7) to prepare and submit to the Congress and the President
a report in accordance with section 9; and
(8) to take into account the adverse environmental impact
of its proposals.
(b) Limitation.--This Act shall not permit the Commission to
recommend an increase in taxes or other revenues or import restrictions
on oil or other commodities.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members as follows:
(1) 3 members appointed by the President, 1 of whom shall
be designated as chairman by the President.
(2) 2 members appointed by the Majority Leader of the
Senate.
(3) 1 member appointed by the Minority Leader of the
Senate.
(4) 2 members appointed by the Speaker of the House of
Representatives.
(5) 1 member appointed by the Minority Leader of the House
of Representatives.
(b) Term.--Members of the Commission shall be appointed for the
life of the Commission.
(c) Quorum.--5 members of the Commission shall constitute a quorum,
but a lesser number may conduct meetings.
(d) Appointment Deadline.--The first appointments made under
subsection (a) shall be made within 60 days after the date of enactment
of this Act.
(e) First Meeting.--The first meeting of the Commission shall be
called by the chairman and shall be held within 90 days after the date
of enactment of this Act.
(f) Vacancy.--A vacancy on the Commission resulting from the death
or resignation of a member shall not affect its powers and shall be
filled in the same manner in which the original appointment was made.
(g) Continuation of Membership.--If any member of the Commission
who was appointed to the Commission as a Member of Congress or as an
officer or employee of a government leaves that office, or if any
member of the Commission who was not appointed in such a capacity
becomes an officer or employee of a government, the member may continue
as a member of the Commission for not longer than the 90-day period
beginning on the date the member leaves that office or becomes such an
officer or employee, as the case may be.
SEC. 6. COMPENSATION.
(a) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by the United States Government
shall be entitle 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, for
each day (including travel time) during which he or she is
engaged in the actual performance of duties as a member of the
Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of the United States Government shall
serve without additional compensation.
(b) Travel.--Members of the Commission shall be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties.
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
personnel as are necessary to enable the Commission to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Commission.
(2) Compensation.--The chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
II of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of that title.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
SEC. 8. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on authorization of
the Commission, a member of the Commission may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence as the Commission considers appropriate. The Commission or a
member of the Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Official Data.--The Commission may secure directly from any
Federal department, agency, or court information necessary to enable it
to carry out this Act. Upon request of the chairman of the Commission,
the head of a Federal department or agency or chief judge of a Federal
court shall furnish such information to the Commission.
(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. Upon
request of the Commission, the head of a Federal department or agency
may make any of the facilities or services of the agency available to
the Commission to assist the Commission in carrying out its duties
under this Act.
(d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or member considers
appropriate for the purposes of carrying out the duties of the
Commission. Such expenditures and contracts may be made only to such
extent or in such amounts as are provided in appropriation Acts.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal departments
and agencies of the United States.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 9. REPORT.
The Commission shall submit to the Congress and the President a
report not later than 2 years after the date of its first meeting. The
report shall contain a detailed statement of the findings and
conclusions of the Commission, together with its recommendations for
such legislative or administrative action as it considers appropriate.
SEC. 10. TERMINATION.
The Commission shall cease to exist on the date that is 30 days
after the date on which it submits its report under section 9.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $3,500,000 to carry out this
Act for each fiscal year for the duration of the Commission. | National Resource Governance Act of 2001 - Establishes the National Energy Self-Sufficiency Commission, which shall: (1) investigate issues involving U.S. dependence on foreign energy sources; (2) evaluate proposals to make the United States self-sufficient in energy production by the year 2011; (3) explore alternative energy sources; (4) investigate areas currently not being used for oil exploration and drilling for environmental reasons; (5) consider tax credits and other financial incentives; and (6) expand drilling in areas such as the Arctic National Wildlife Refuge and offshore.Prohibits the Commission from recommending an increase in taxes or other revenues, or import restrictions on oil or other commodities. | {"src": "billsum_train", "title": "To establish a commission to review and explore ways for the United States to become energy self-sufficient by 2011."} | 1,893 | 136 | 0.61723 | 1.745505 | 0.741466 | 4 | 13.915385 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Safety Protection Act of
1996''.
SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) General Rule.--Chapter 421 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``Sec. 42121. Protection of employees providing air safety information
``(a) Discrimination Against Airline Employees.--No air carrier or
contractor or subcontractor of an air carrier may discharge an employee
or otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request of the
employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the Federal Government
information relating to air safety under this subtitle or any
other law of the United States;
``(2) has filed, caused to be filed, or is about to file or
cause to be filed a proceeding relating to air carrier safety
under this subtitle or any other law of the United States;
``(3) testified or is about to testify in such a
proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--A person who believes that
he has been discharged or otherwise discriminated against by a
person in violation of subsection (a) may, within 180 days
after such violation occurs, file (or have any person file on
his behalf) a complaint with the Secretary of Labor alleging
such discharge or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall notify the person named
in the complaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
which will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--Within 60 days of
receipt of a complaint filed under paragraph (1) and after
affording the person named in the complaint of an opportunity
to submit to the Secretary of Labor a written response to the
complaint and an opportunity to meet with a representative of
the Secretary to present statements from witnesses, the
Secretary of Labor shall conduct an investigation and determine
whether there is reasonable cause to believe that the complaint
has merit and notify the complainant and the person alleged to
have committed a violation of subsection (a) of the Secretary's
findings. If the Secretary of Labor concludes that there is a
reasonable cause to believe that a violation of subsection (a)
has occurred, the Secretary shall accompany the Secretary's
findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Within 30 days after
notification of findings under this paragraph, either the
person alleged to have committed the violation or the
complainant may file objections to the findings or preliminary
order, or both, and request a hearing on the record. The filing
of such objections shall not operate to stay any reinstatement
remedy contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not requested
within such 30-day period, the preliminary order shall be
deemed a final order which is not subject to judicial review.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--Within 120 days after conclusion of a
hearing under paragraph (2), the Secretary of Labor
shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint.
At any time before issuance of a final order, a
proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person
alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the person who committed
such violation to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to his
former position together with the compensation
(including back pay), terms, conditions, and
privileges associated with his employment; and
``(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the
Secretary of Labor, at the request of the complainant,
shall assess against the person against whom the order
is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert
witness fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or in
connection with, the bringing of the complaint upon
which the order was issued.
``(C) Frivolous complaints.--If the Secretary of
Labor finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney's fee not exceeding $5,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed within 60 days
from the issuance of the order of the Secretary of
Labor. Review shall conform to chapter 7 of title 5,
United States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--Whenever
a person has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil action
in the United States district court for the district in which
the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall
have jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to
enforce such order.
``(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court
determines such award is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28, United States Code.
``(d) Nonapplicability to Deliberate Violations.--Subsection (a) of
this section shall not apply with respect to an employee of an air
carrier who, acting without direction from such air carrier (or such
air carrier's agent), deliberately causes a violation of any
requirement relating to air carrier safety under this subtitle or any
other law of the United States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``42121. Protection of employees providing air safety information.''.
SEC. 3. CIVIL PENALTY.
Section 46301(a)(1)(A) of title 49, United States Code, is amended
by striking ``subchapter II of chapter 421'' and inserting ``subchapter
II or III of chapter 421''. | Aviation Safety Protection Act of 1996 - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information.
Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety.
Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith.
Specifies civil penalties for violation of this Act. | {"src": "billsum_train", "title": "Aviation Safety Protection Act of 1996"} | 1,862 | 195 | 0.620032 | 1.783544 | 0.824452 | 2.736842 | 10.19883 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Status Protection Act''.
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION
DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS
AS IMMEDIATE RELATIVE.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by adding at the end the following:
``(f) Rules for Determining Whether Certain Aliens Are Immediate
Relatives.--
``(1) Age on petition filing date.--Except as provided in
paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a
determination of whether an alien satisfies the age requirement in
the matter preceding subparagraph (A) of section 101(b)(1) shall be
made using the age of the alien on the date on which the petition
is filed with the Attorney General under section 204 to classify
the alien as an immediate relative under subsection (b)(2)(A)(i).
``(2) Age on parent's naturalization date.--In the case of a
petition under section 204 initially filed for an alien child's
classification as a family-sponsored immigrant under section
203(a)(2)(A), based on the child's parent being lawfully admitted
for permanent residence, if the petition is later converted, due to
the naturalization of the parent, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i), the
determination described in paragraph (1) shall be made using the
age of the alien on the date of the parent's naturalization.
``(3) Age on marriage termination date.--In the case of a
petition under section 204 initially filed for an alien's
classification as a family-sponsored immigrant under section
203(a)(3), based on the alien's being a married son or daughter of
a citizen, if the petition is later converted, due to the legal
termination of the alien's marriage, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i) or as
an unmarried son or daughter of a citizen under section 203(a)(1),
the determination described in paragraph (1) shall be made using
the age of the alien on the date of the termination of the
marriage.''.
SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS SEEKING
STATUS AS FAMILY-SPONSORED, EMPLOYMENT-BASED, AND
DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by adding at the end the following:
``(h) Rules for Determining Whether Certain Aliens Are Children.--
``(1) In general.--For purposes of subsections (a)(2)(A) and
(d), a determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of section
101(b)(1) shall be made using--
``(A) the age of the alien on the date on which an
immigrant visa number becomes available for such alien (or, in
the case of subsection (d), the date on which an immigrant visa
number became available for the alien's parent), but only if
the alien has sought to acquire the status of an alien lawfully
admitted for permanent residence within one year of such
availability; reduced by
``(B) the number of days in the period during which the
applicable petition described in paragraph (2) was pending.
``(2) Petitions described.--The petition described in this
paragraph is--
``(A) with respect to a relationship described in
subsection (a)(2)(A), a petition filed under section 204 for
classification of an alien child under subsection (a)(2)(A); or
``(B) with respect to an alien child who is a derivative
beneficiary under subsection (d), a petition filed under
section 204 for classification of the alien's parent under
subsection (a), (b), or (c).
``(3) Retention of priority date.--If the age of an alien is
determined under paragraph (1) to be 21 years of age or older for
the purposes of subsections (a)(2)(A) and (d), the alien's petition
shall automatically be converted to the appropriate category and
the alien shall retain the original priority date issued upon
receipt of the original petition.''.
SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(3)) is amended to read as follows:
``(3) Treatment of spouse and children.--
``(A) In general.--A spouse or child (as defined in section
101(b)(1) (A), (B), (C), (D), or (E)) of an alien who is
granted asylum under this subsection may, if not otherwise
eligible for asylum under this section, be granted the same
status as the alien if accompanying, or following to join, such
alien.
``(B) Continued classification of certain aliens as
children.--An unmarried alien who seeks to accompany, or follow
to join, a parent granted asylum under this subsection, and who
was under 21 years of age on the date on which such parent
applied for asylum under this section, shall continue to be
classified as a child for purposes of this paragraph and
section 209(b)(3), if the alien attained 21 years of age after
such application was filed but while it was pending.''.
SEC. 5. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ADMISSION AS REFUGEE.
Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(2)) is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)''; and
(2) by adding at the end the following:
``(B) An unmarried alien who seeks to accompany, or follow to join,
a parent granted admission as a refugee under this subsection, and who
was under 21 years of age on the date on which such parent applied for
refugee status under this section, shall continue to be classified as a
child for purposes of this paragraph, if the alien attained 21 years of
age after such application was filed but while it was pending.''.
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED SONS AND
DAUGHTERS OF NATURALIZED CITIZENS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(k) Procedures for Unmarried Sons and Daughters of Citizens.--
``(1) In general.--Except as provided in paragraph (2), in the
case of a petition under this section initially filed for an alien
unmarried son or daughter's classification as a family-sponsored
immigrant under section 203(a)(2)(B), based on a parent of the son
or daughter being an alien lawfully admitted for permanent
residence, if such parent subsequently becomes a naturalized
citizen of the United States, such petition shall be converted to a
petition to classify the unmarried son or daughter as a family-
sponsored immigrant under section 203(a)(1).
``(2) Exception.--Paragraph (1) does not apply if the son or
daughter files with the Attorney General a written statement that
he or she elects not to have such conversion occur (or if it has
occurred, to have such conversion revoked). Where such an election
has been made, any determination with respect to the son or
daughter's eligibility for admission as a family-sponsored
immigrant shall be made as if such naturalization had not taken
place.
``(3) Priority date.--Regardless of whether a petition is
converted under this subsection or not, if an unmarried son or
daughter described in this subsection was assigned a priority date
with respect to such petition before such naturalization, he or she
may maintain that priority date.
``(4) Clarification.--This subsection shall apply to a petition
if it is properly filed, regardless of whether it was approved or
not before such naturalization.''.
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT AFFECTED.
Section 204(a)(1)(D) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(D)) is amended by adding at the end the following new
clause:
``(iii) Nothing in the amendments made by the Child Status
Protection Act shall be construed to limit or deny any right or benefit
provided under this subparagraph.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to any alien who is a
derivative beneficiary or any other beneficiary of--
(1) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) approved before
such date but only if a final determination has not been made on
the beneficiary's application for an immigrant visa or adjustment
of status to lawful permanent residence pursuant to such approved
petition;
(2) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) pending on or after
such date; or
(3) an application pending before the Department of Justice or
the Department of State on or after such date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Child Status Protection Act - Amends the Immigration and Nationality Act to provide that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (under 21 years old) shall be made at the time an immigration visa petition is filed for such classification on his or her behalf. (Under existing law unmarried children may apply for immigrant status as immediate relatives without numerical limitation.)Makes similar determinations in the case of: (1) permanent resident parents who subsequently naturalize after having filed family-sponsored immigration petitions for a son or daughter (age determination at time of parents' naturalization); or (2) citizen parents who filed family-sponsored immigration petitions for a married son or daughter and such son or daughter later divorces (age determination at time of divorce).(Sec. 3) States that with respect to an unmarried son or daughter seeking status as family-sponsored, employment-based, or diversity "child" (unmarried, under 21 years old) immigrant: (1) such an alien's age will be determined using the age of the alien on the date on which an immigrant visa becomes available reduced by the number of days in which the petition was pending; and (2) if the alien's age is determined to be 21 years or older the original (pre-21 years old) priority date shall be retained.(Sec. 4) States that a son or daughter who was unmarried and under 21 years old when the parent applied for asylee or refugee status shall retain such "child" classification during the pendency of the asylee or refugee application.(Sec. 6) Provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident alien parent subsequently becomes a naturalized U.S. citizen shall be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise. States that any petition priority date assigned prior to such naturalization may be maintained regardless of whether or not the petition is converted.(Sec. 7) States that nothing in this Act shall be construed to limit or deny specified benefits for alien children.(Sec. 8) States that the amendments made by this Act shall take effect upon enactment of this Act and shall apply to an alien beneficiary of: (1) an immigrant petition approved but not with a final determination prior to such date; (2) a petition pending on or after such date; or (3) an application pending before the Department of Justice or Department of State on or after such date. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to determine whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition with respect to the alien is filed, and for other purposes."} | 2,285 | 581 | 0.650854 | 2.082992 | 0.683237 | 3.104384 | 3.981211 | 0.878914 |
SECTION 1. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Administrator is authorized to
establish a Science and Technology Scholarship Program to award
scholarships to individuals that is designed to recruit and
prepare students for careers in the National Weather Service
and in Administration marine research, atmospheric research,
and satellite programs.
(2) Competitive process.--Individuals shall be selected to
receive scholarships under this section through a competitive
process primarily on the basis of academic merit, with
consideration given to financial need and the goal of promoting
the participation of individuals identified in section 33 or 34
of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b), including those from Historically Black
Colleges and Universities and institutions serving a large
proportion of Hispanics, Native Americans, Asian-Pacific
Americans, or other underrepresented populations.
(3) Service agreements.--To carry out the scholarship
program, the Administrator shall enter into contractual
agreements with individuals selected under paragraph (2) under
which the individuals agree to serve as full-time employees of
the Administration, for the period described in subsection
(f)(1), in positions needed by the Administration in fields
described in paragraph (1) and for which the individuals are
qualified, in exchange for receiving a scholarship.
(b) Scholarship Eligibility.--In order to be eligible to
participate in the scholarship program, an individual shall--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
program or field of study described in the list made available
under subsection (d);
(2) be a United States citizen or permanent resident; and
(3) at the time of the initial scholarship award, not be a
Federal employee as defined in section 2105 of title 5 of the
United States Code.
(c) Application Required.--An individual seeking a scholarship
under this section shall submit an application to the Administrator at
such time, in such manner, and containing such information, agreements,
or assurances as the Administrator may require to carry out this
section.
(d) Eligible Academic Programs.--The Administrator shall make
publicly available a list of academic programs and fields of study for
which scholarships may be utilized in fields described in subsection
(a)(1), and shall update the list as necessary.
(e) Scholarship Requirement.--
(1) In general.--The Administrator may provide a
scholarship under the scholarship program for an academic year
if the individual applying for the scholarship has submitted to
the Administrator, as part of the application required under
subsection (c), a proposed academic program leading to a degree
in a program or field of study on the list made available under
subsection (d).
(2) Duration of eligibility.--An individual may not receive
a scholarship under this section for more than 4 academic
years, unless the Administrator grants a waiver.
(3) Scholarship amount.--The dollar amount of a scholarship
under this section for an academic year shall be determined
under regulations issued by the Administrator, but shall in no
case exceed the cost of attendance.
(4) Authorized uses.--A scholarship provided under this
section may be expended for tuition, fees, and other authorized
expenses as established by the Administrator by regulation.
(5) Contracts regarding direct payments to institutions.--
The Administrator may enter into a contractual agreement with
an institution of higher education under which the amounts
provided for a scholarship under this section for tuition,
fees, and other authorized expenses are paid directly to the
institution with respect to which the scholarship is provided.
(f) Period of Obligated Service.--
(1) Duration of service.--Except as provided in subsection
(h)(2), the period of service for which an individual shall be
obligated to serve as an employee of the Administration shall
be 24 months for each academic year for which a scholarship
under this section is provided.
(2) Schedule for service.--
(A) In general.--Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin
not later than 60 days after the individual obtains the
educational degree for which the scholarship was
provided.
(B) Deferral.--The Administrator may defer the
obligation of an individual to provide a period of
service under paragraph (1) if the Administrator
determines that such a deferral is appropriate. The
Administrator shall prescribe the terms and conditions
under which a service obligation may be deferred
through regulation.
(g) Penalties for Breach of Scholarship Agreement.--
(1) Failure to complete academic training.--Scholarship
recipients who fail to maintain a high level of academic
standing, as defined by the Administrator by regulation, who
are dismissed from their educational institutions for
disciplinary reasons, or who voluntarily terminate academic
training before graduation from the educational program for
which the scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation
arising under such agreement, shall be liable to the United
States for repayment not later than 1 year after the date of
default of all scholarship funds paid to them and to the
institution of higher education on their behalf under the
agreement, except as provided in subsection (h)(2). The
repayment period may be extended by the Administrator when
determined to be necessary, as established by regulation.
(2) Failure to begin or complete the service obligation or
meet the terms and conditions of deferment.--A scholarship
recipient who, for any reason, fails to begin or complete a
service obligation under this section after completion of
academic training, or fails to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of the
contractual agreement. When a recipient breaches an agreement
for the reasons stated in the preceding sentence, the recipient
shall be liable to the United States for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; plus
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States.
(h) Waiver or Suspension of Obligation.--
(1) Death of individual.--Any obligation of an individual
incurred under the scholarship program (or a contractual
agreement thereunder) for service or payment shall be canceled
upon the death of the individual.
(2) Impossibility or extreme hardship.--The Administrator
shall by regulation provide for the partial or total waiver or
suspension of any obligation of service or payment incurred by
an individual under the scholarship program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual,
or if enforcement of such obligation with respect to the
individual would be contrary to the best interests of the
Government.
(i) Definitions.--In this Act the following definitions apply:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Cost of attendance.--The term ``cost of attendance''
has the meaning given that term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965; and
(5) Scholarship program.--The term ``scholarship program''
means the Science and Technology Scholarship Program
established under this section. | Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a Science and Technology Scholarship Program to award scholarships to students at institutions of higher education to recruit and prepare them for careers in the National Weather Service and in NOAA marine research, atmospheric research, and satellite programs.
Sets forth provisions governing such Program.
Requires individuals to be selected to receive scholarships under this Act through a competitive process primarily based on academic merit, with consideration given to financial need and to the goal of promoting the participation of of certain individuals identified under the Science and Engineering Equal Opportunities Act, including those from historically black colleges and universities and institutions serving a large proportion of minorities or other underrepresented populations.
Requires the Administrator to enter into contractual agreements with selected individuals under which such individuals, in exchange for receiving a scholarship, agree to serve as full-time employees of NOAA, for a 24-month period of obligated service for each academic year for which a scholarship is provided in positions needed by NOAA in marine research, atmospheric research, and satellite programs.
Instructs the Administrator to make publicly available a list of academic programs and fields of study for which scholarships may be utilized in marine research, atmospheric research, and satellite programs and to update such list as necessary.
Prohibits: (1) an individual from receiving a scholarship for more than four academic years, unless the Administrator grants a waiver; and (2) the amount of a scholarship from exceeding the cost of attendance.
Permits a scholarship to be used for tuition, fees, and other authorized uses as established by the Administrator by regulation.
Allows the Administrator to enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.
Sets forth penalties for specified breaches of scholarship agreements. | {"src": "billsum_train", "title": "To establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in National Oceanic and Atmospheric Administration marine research, atmospheric research, and satellite programs."} | 1,648 | 408 | 0.690409 | 2.136412 | 0.867018 | 4.692722 | 4.191375 | 0.908356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Energy Supply and Resiliency
Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a quantity of energy that is more than--
(A) 27 percent of the total energy consumption in
the United States is released from power plants in the
form of waste heat; and
(B) 36 percent of the total energy consumption in
the United States is released from power plants,
industrial facilities, and other buildings in the form
of waste heat;
(2) waste heat can be--
(A) recovered and distributed to meet building
heating or industrial process heating requirements;
(B) converted to chilled water for air conditioning
or industrial process cooling; or
(C) converted to electricity;
(3) renewable energy resources in communities in the United
States can be used to meet local thermal and electric energy
requirements;
(4) use of local energy resources and implementation of
local energy infrastructure can strengthen the reliability and
resiliency of energy supplies in the United States in response
to extreme weather events, power grid failures, or
interruptions in the supply of fossil fuels;
(5) use of local waste heat and renewable energy
resources--
(A) strengthens United States industrial
competitiveness;
(B) helps reduce reliance on fossil fuels and the
associated emissions of air pollution and carbon
dioxide;
(C) increases energy supply resiliency and
security; and
(D) keeps more energy dollars in local economies,
thereby creating jobs;
(6) district energy systems represent a key opportunity to
tap waste heat and renewable energy resources;
(7) district energy systems are important for expanding
implementation of combined heat and power (CHP) systems because
district energy systems provide infrastructure for delivering
thermal energy from a CHP system to a substantial base of end
users;
(8) district energy systems serve colleges, universities,
hospitals, airports, military bases, and downtown areas;
(9) district energy systems help cut peak power demand and
reduce power transmission and distribution system constraints
by--
(A) shifting power demand through thermal storage;
(B) generating power near load centers with a CHP
system; and
(C) meeting air conditioning demand through the
delivery of chilled water produced with heat generated
by a CHP system or other energy sources;
(10) evaluation and implementation of district energy
systems--
(A) is a complex undertaking involving a variety of
technical, economic, legal, and institutional issues
and barriers; and
(B) often requires technical assistance to
successfully navigate these barriers; and
(11) a major constraint to the use of local waste heat and
renewable energy resources is a lack of low-interest, long-term
capital funding for implementation.
(b) Purposes.--The purposes of this Act are--
(1) to encourage the use and distribution of waste heat and
renewable thermal energy--
(A) to reduce fossil fuel consumption;
(B) to enhance energy supply resiliency,
reliability, and security;
(C) to reduce air pollution and greenhouse gas
emissions;
(D) to strengthen industrial competitiveness; and
(E) to retain more energy dollars in local
economies; and
(2) to facilitate the implementation of a local energy
infrastructure that accomplishes the goals described in
paragraph (1) by--
(A) providing technical assistance to evaluate,
design, and develop projects to build local energy
infrastructure; and
(B) facilitating low-cost financing for the
construction of local energy infrastructure through the
issuance of loan guarantees.
SEC. 3. DEFINITIONS.
(1) Combined heat and power system.--The term ``combined
heat and power system'' or ``CHP system'' means generation of
electric energy and heat in a single, integrated system that
meets the efficiency criteria in clauses (ii) and (iii) of
section 48(c)(3)(A) of the Internal Revenue Code of 1986, under
which heat that is conventionally rejected is recovered and
used to meet thermal energy requirements.
(2) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from 1 or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(3) Loan guarantee program.--The term ``Loan Guarantee
Program'' means the Local Energy Infrastructure Loan Guarantee
Program established under section 5.
(4) Local energy infrastructure.--The term ``local energy
infrastructure'' means a system that--
(A) recovers or produces useful thermal or electric
energy from waste energy or renewable energy resources;
(B) generates electricity using a combined heat and
power system;
(C) distributes electricity in microgrids;
(D) stores thermal energy; or
(E) distributes thermal energy or transfers thermal
energy to building heating and cooling systems via a
district energy system.
(5) Microgrid.--The term ``microgrid'' means a group of
interconnected loads and distributed energy resources within
clearly defined electrical boundaries that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
enable the microgrid to operate in both grid-connected
or island-mode.
(6) Renewable energy resource.--The term ``renewable energy
resource'' means--
(A) closed-loop and open-loop biomass (as defined
in paragraphs (2) and (3), respectively, of section
45(c) of the Internal Revenue Code of 1986);
(B) gaseous or liquid fuels produced from the
materials described in subparagraph (A);
(C) geothermal energy (as defined in section
45(c)(4) of such Code);
(D) municipal solid waste (as defined in section
45(c)(6) of such Code); or
(E) solar energy (which is used, undefined, in
section 45 of such Code).
(7) Renewable thermal energy.--The term ``renewable thermal
energy'' means--
(A) heating or cooling energy derived from a
renewable energy resource;
(B) natural sources of cooling such as cold lake or
ocean water; or
(C) other renewable thermal energy sources, as
determined by the Secretary.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice or other media that is used to provide air
conditioning, or process cooling.
(10) Waste energy.--The term ``waste energy'' means energy
that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
SEC. 4. TECHNICAL ASSISTANCE PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
disseminate information and provide technical assistance,
directly or through grants provided so that recipients may
contract to obtain technical assistance, to assist eligible
entities in identifying, evaluating, planning, and designing
local energy infrastructure.
(2) Technical assistance.--The technical assistance under
paragraph (1) shall include assistance with 1 or more of the
following:
(A) Identification of opportunities to use waste
energy or renewable energy resources.
(B) Assessment of technical and economic
characteristics.
(C) Utility interconnection.
(D) Negotiation of power and fuel contracts.
(E) Permitting and siting issues.
(F) Marketing and contract negotiations.
(G) Business planning and financial analysis.
(H) Engineering design.
(3) Information dissemination.--The information
dissemination under paragraph (1) shall include--
(A) information relating to the topics identified
in paragraph (2), including case studies of successful
examples; and
(B) computer software for assessment, design, and
operation and maintenance of local energy
infrastructure.
(b) Eligible Entity.--Any nonprofit or for-profit entity shall be
eligible to receive assistance under the program established under
subsection (a).
(c) Eligible Costs.--On application by an eligible entity, the
Secretary may award grants to an eligible entity to provide funds to
cover not more than--
(1) 100 percent of the cost of initial assessment to
identify local energy opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation of local energy
infrastructure;
(3) 60 percent of the cost of guidance on overcoming
barriers to the implementation of local energy infrastructure,
including financial, contracting, siting, and permitting
issues; and
(4) 45 percent of the cost of detailed engineering of local
energy infrastructure.
(d) Applications.--
(1) In general.--An eligible entity desiring technical
assistance 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 under the rules and
procedures adopted under subsection (f).
(2) Application process.--The Secretary shall seek
applications for technical assistance under this section--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently
than once every 12 months.
(e) Priorities.--In evaluating projects, the Secretary shall give
priority to projects that have the greatest potential for--
(1) maximizing elimination of fossil fuel use;
(2) strengthening the reliability of local energy supplies
and boosting the resiliency of energy infrastructure to the
impact of extreme weather events, power grid failures, and
interruptions in supply of fossil fuels;
(3) minimizing environmental impact, including regulated
air pollutants, greenhouse gas emissions, and use of ozone-
depleting refrigerants;
(4) facilitating use of renewable energy resources;
(5) increasing industrial competitiveness; and
(6) maximizing local job creation.
(f) Rules and Procedures.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall adopt rules and
procedures for the administration of the program established under this
section, consistent with the provisions of this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for the period of
fiscal years 2014 through 2018, to remain available until expended.
SEC. 5. LOAN GUARANTEES FOR LOCAL ENERGY INFRASTRUCTURE.
(a) Local Energy Infrastructure Loan Guarantee Program.--
(1) In general.--Title XVII of the Energy Policy Act of
2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end
the following:
``SEC. 1706. LOCAL ENERGY INFRASTRUCTURE LOAN GUARANTEE PROGRAM.
``(a) In General.--The Secretary may make guarantees under this
section for commercial or innovative projects defined as `local energy
infrastructure' in section 3 of the Local Energy Supply and Resiliency
Act of 2013.
``(b) Modification of Existing Authority.--The Secretary shall
reserve $4,000,000,000 of the loan guarantee authority remaining under
section 1703 to provide loan guarantees under this section.
``(c) Use of Other Appropriated Funds.--To the maximum extent
practicable, the Secretary shall use funds appropriated to carry out
section 1703 that remain unobligated as of the date of enactment of
this section for the cost of loan guarantees under this section.''.
(2) Table of contents amendment.--The table of contents for
the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) is
amended by inserting after the item relating to section 1705
the following new item:
``Sec. 1706. Local energy infrastructure loan guarantee program.''.
SEC. 6. DEFINITION OF INVESTMENT AREA.
Section 103(16) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702(16)) is amended--
(1) in subparagraph (A)(ii), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) has the potential for implementation of local
energy infrastructure as defined in the Local Energy
Supply and Resiliency Act of 2013.''. | Local Energy Supply and Resiliency Act of 2013 - Requires the Secretary of Energy (DOE) to establish a program to disseminate information and provide technical assistance, directly or through grants, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. Defines "local energy infrastructure" as a system that: recovers or produces useful thermal or electric energy from waste energy or renewable energy resources, generates electricity using a combined heat and power system, distributes electricity in microgrids, stores thermal energy, or distributes thermal energy or transfers it to building heating and cooling systems via a district energy system. Authorizes the Secretary to award grants to provide funds to cover no more than: (1) 100% of the cost of initial assessment to identify local energy opportunities, (2) 75% of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure, (3) 60% of the cost of guidance on overcoming barriers to such implementation, and (4) 45% of the cost of detailed engineering of local energy infrastructure. Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantees for commercial or innovative projects for local energy infrastructure under the existing loan guarantee program that provides incentives for innovative technologies. Amends the Community Development Banking and Financial Institutions Act of 1994 to redefine "investment area" to include an area that has the potential for implementation of local energy infrastructure. | {"src": "billsum_train", "title": "Local Energy Supply and Resiliency Act of 2013"} | 2,885 | 309 | 0.534466 | 1.715861 | 0.769518 | 4.369176 | 9.752688 | 0.90681 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commuter Relief
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increased uniform dollar limitation for all types of
transportation fringe benefits.
Sec. 3. Eligibility of self-employed individuals to receive transit
fringe benefits.
Sec. 4. Parking cash-out programs.
Sec. 5. Vanpool investment credit.
Sec. 6. Employees may receive transit passes and reimbursement of
bicycle commuting expenses as excludable
fringe benefits for the same month.
SEC. 2. INCREASED UNIFORM DOLLAR LIMITATION FOR ALL TYPES OF
TRANSPORTATION FRINGE BENEFITS.
(a) In General.--Paragraph (2) of section 132(f) of the Internal
Revenue Code of 1986 (relating to limitation on exclusion) is amended--
(1) by striking ``$100'' in subparagraph (A) and inserting
``$200'', and
(2) by striking ``$175'' in subparagraph (B) and inserting
``$200''.
(b) Inflation Adjustment Conforming Amendments.--Subparagraph (A)
of section 132(f)(6) of the Internal Revenue Code of 1986 (relating to
inflation adjustment) is amended--
(1) by striking the last sentence,
(2) by striking ``1999'' and inserting ``2012'', and
(3) by striking ``1998'' and inserting ``2011''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. ELIGIBILITY OF SELF-EMPLOYED INDIVIDUALS TO RECEIVE TRANSIT
FRINGE BENEFITS.
(a) In General.--Subparagraph (E) of section 132(f)(5) is amended--
(1) by striking ``For purposes of this subsection, the
term'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), the term'', and
(2) by adding at the end the following new clause:
``(ii) Self-Employed Individuals Eligible for Transit Pass Fringe
Benefit.--For purposes of paragraph (1)(B), such term includes an
individual who is an employee within the meaning of section
401(c)(1).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 4. PARKING CASH-OUT PROGRAMS.
(a) In General.--Subparagraph (C) of section 132(f)(5) is amended--
(1) by striking ``The term'' and inserting the following:
``(i) In general.--The term''.
(2) by adding at the end of clause (i), as amended by
paragraph (1), the following: ``Such term shall not include any
parking with respect to any specified employer unless such
employer establishes a parking cash-out program.'', and
(3) by adding at the end the following new clauses:
``(ii) Specified employer.--For purposes of
this subparagraph, the term `specified
employer' means any employer who--
``(I) employs on average 50 or more
employees during the calendar year,
``(II) leases the parking
facilities referred to in clause (i),
``(III) can separately determine
the amount paid per parking space
leased, and
``(IV) can reduce the number of
parking space leased (on a basis not
less frequently than monthly) without
penalty.
``(iii) Parking cash-out program.--For
purposes of this subparagraph, the term
`parking cash-out program' means a program
established by the employer under which--
``(I) the employer offers employees
a cash allowance equal to the regular
amount paid by the employer for parking
for a single employee under clause (i)
in lieu of the parking referred to in
clause (i), and
``(II) any employee electing the
cash allowance shall certify to the
employer that the employee will comply
with guidelines established by the
employer to avoid neighborhood parking
problems and violation of such
guidelines are enforced by the employer
by termination of eligibility of such
employee for such cash allowance and
employer sponsored parking.''.
(b) Effective Date.--The amendments made by this section shall
apply to parking provided during calendar years beginning after
December 31, 2011.
SEC. 5. VANPOOL INVESTMENT CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. QUALIFYING VANPOOL INVESTMENT CREDIT.
``(a) General Rule.--For purposes of section 38, the qualifying
vanpool investment credit for any taxable year is an amount equal to 10
percent of the basis of a qualified commuter van placed in service by
the taxpayer during the taxable year.
``(b) Qualified Commuter Van.--For purposes of this section, the
term `qualified commuter van' means a vehicle--
``(1) the seating capacity of which is at least 7, but not
more than 15, adults (not including the driver),
``(2) which has a 3-year class life,
``(3) at least 80 percent of the mileage use of which can
reasonably be expected to be for transportation described in
section 132(f)(1)(A),
``(4) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable, and
``(5) is originally placed in service by the taxpayer
before January 1, 2019.
``(c) Leasing Exception.--
``(1) In general.--In the case of an employer who enters
into a lease with an unrelated person for the provision of
transportation described in section 132(f)(1)(A) and who makes
an election under this subsection for a taxable year (in such
form and manner as the Secretary may by regulation prescribe),
in lieu of the amount determined under subsection (a), the
qualifying vanpool investment credit with respect to the
taxpayer for the taxable year shall be an amount equal to 10
percent of the amounts paid or incurred by the employer for the
taxable year pursuant to such lease for the provision of such
transportation.
``(2) Related persons.--All persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as related persons for purposes of this subsection.
``(3) Termination.--This subsection shall not apply to any
amounts paid or incurred after December 31, 2014.
``(d) Basis Reduction.--For purposes of this subtitle, the basis of
any property for which a credit is allowable under subsection (a) shall
be reduced by the amount of such credit.''.
(b) Credit Treated as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end of following new
paragraph:
``(37) the qualifying vanpool investment credit determined
under section 45S(a).''.
(c) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 45S(e), in the
case of amounts with respect to which a credit has been allowed
under section 45S.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Qualifying vanpool investment credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service, and amounts paid or incurred,
after December 31, 2011.
SEC. 6. EMPLOYEES MAY RECEIVE TRANSIT PASSES AND REIMBURSEMENT OF
BICYCLE COMMUTING EXPENSES AS EXCLUDABLE FRINGE BENEFITS
FOR THE SAME MONTH.
(a) In General.--Subclause (II) of section 132(f)(5)(F)(iii) of the
Internal Revenue Code of 1986 (defining qualified bicycling month) is
amended by striking ``, (B),''.
(b) Limitation.--Subparagraph (A) of section 132(f)(2) of such Code
(relating to limitation on exclusions) is amended by striking ``and
(B)'' and inserting ``, (B), and (D)''.
(c) Repeal of Constructive Receipt Treatment of Bicycle Commuting
Reimbursements.--Paragraph (4) of section 132(f) of such Code is
amended by striking ``(other than a qualified bicycle commuting
reimbursement)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Commuter Relief Act - Amends the Internal Revenue Code to: (1) establish a uniform monthly benefit amount of $200 for all types of transportation fringe benefits (commuting reimbursements, transit passes, parking, and bicycle commuting reimbursements) and allow a cost-of-living adjustment for such benefit amount beginning after 2012; (2) make self-employed individuals eligible for transit pass fringe benefits; (3) require certain employers who have an average of 50 employees during the calendar year to offer a parking cash-out program under which an employer offers employees a cash allowance equal to the regular amount paid by the employer for parking; (4) allow a 10% business tax credit for investment in commuter vans with a seating capacity of at least 7, but not more than 15, adults that are placed in service before January 1, 2019; and (5) permit employees to exclude from gross income for income tax purposes transit passes and reimbursements of bicycle commuting expenses in the same month. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve commuting and transportation options."} | 2,170 | 204 | 0.553275 | 1.57954 | 0.829343 | 2.890625 | 9.822917 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Textbook and
Technology Trust Fund Act''.
SEC. 2. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND.
(a) Designation of Overpayments and Contributions for United States
Textbook and Technology Trust Fund.--Subchapter A of chapter 61 of
theInternal Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED
STATES TEXTBOOK AND TECHNOLOGY TRUST FUND
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each return of the taxpayer for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) $1 of any overpayment of tax for such taxable year,
and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be paid over to the United States Textbook and Technology Trust
Fund in accordance with the provisions of section 9512. In the case of
a joint return with respect to which an overpayment of $2 or more is
due, each spouse may designate that $1 shall be paid to such trust
fund.
``(b) Manner and Time of Designation.--A designation under the
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that such designation shall be made
either on the first page of the return or on the page bearing the
taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extension).''
(b) Creation of Trust Fund.--Subchapter A of chapter 98 of such
Code is amended by adding at the end the following new section:
``SEC. 9512. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `United States
Textbook and Technology Trust Fund', consisting of such amounts as may
be credited or paid to such trust fund as provided in section 6097 or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the United States Textbook and Technology Trust Fund amounts equivalent
to--
``(1) the amounts of the overpayments of tax to which
designations under section 6097 apply, and
``(2) the amounts of contributions made under section 6097 to
such trust fund.
``(c) Expenditures From Trust Fund.--Amounts in the United States
Textbook and Technology Trust Fund shall be available, as provided in
appropriations Acts, for purposes of making expenditures to carry out
section 3 of the United States Textbook and Technology Trust Fund
Act.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of overpayments
and contributions for United
States Textbook and Technology
Trust Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. United States Textbook and
Technology Trust Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. GRANTS TO SCHOOLS.
(a) Eligibility of Public Schools.--A public elementary school (as
such term is defined in section 14101 of the Elementary and Secondary
Education Act of 1965) or secondary school (as such term is defined in
such section) is eligible to receive a grant under this section from
the United States Textbook and Technology Trust Fund established
pursuant to section 9512 of the Internal Revenue Code of 1986 for any
fiscal year by submitting an application to the Secretary of Education
that includes--
(1) certification that the school does not have the
financial resources available to purchase new textbooks or
computer software containing textbook content;
(2) assurances that funds received under this section will
be used only to purchase new textbooks or computer software
containing textbook content for the school;
(3) assurances that funds received under this section will
be used to supplement, not supplant, other funds received by
such school; and
(4) an agreement to make available any financial records
that the Secretary may need for audit purposes.
(b) Grant Selection.--The Secretary of Education shall select the
number of grant awards made under this section and the amount of each
such award based upon economic need in accordance with regulations
published by the Secretary. | United States Textbook and Technology Trust Fund Act - Amends the Internal Revenue Code to permit an individual to designate on a tax return that there shall be paid into the United States Textbook and Technology Fund (the Fund): (1) one dollar of a tax overpayment; and (2) any cash contribution which the individual includes in the return. Creates such Fund. Makes qualifying public elementary and secondary schools eligible to receive grants from the Fund. | {"src": "billsum_train", "title": "United States Textbook and Technology Trust Fund Act"} | 1,226 | 94 | 0.568138 | 1.459186 | 0.640045 | 2.860465 | 12.732558 | 0.860465 |
SECTION 1. DESIGNATION OF INCOME TAX PAYMENTS TO BIOMEDICAL RESEARCH
FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BIOMEDICAL RESEARCH
FUND
``Sec. 6098. Designation to Biomedical
Research Fund.
``SEC. 6098. DESIGNATION TO BIOMEDICAL RESEARCH FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $5
or more may designate that $5 shall be paid over to the Biomedical
Research Fund in accordance with the provisions of section 9512. In the
case of a joint return of husband and wife having an adjusted income
tax liability of $10 or more, each spouse may designate that $5 shall
be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--
``(1) In general.--A designation under subsection (a) may
be made with respect to any taxable year--
``(A) at the time of filing the return of the tax
imposed by chapter 1 for such taxable year, or
``(B) at any other time (after the time of filing
the return of the tax imposed by chapter 1 for such
taxable year) specified in regulations prescribed by
the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is
made at the time of filing the return of the tax imposed by
chapter 1 for such taxable year, such designation shall be made
either on the first page of the return or on the page bearing
the taxpayer's signature.
``(2) Designation for a particular disease.--The Secretary
shall provide a means by which taxpayers may indicate, at the
time of a designation under subsection (a), the disease with
respect to which the designated amount should be applied to
biomedical research.''
(b) Biomedical Research Fund.--Subchapter A of chapter 98 of such
Code (relating to establishment of trust funds) is amended by adding at
the end the following new section:
``SEC. 9512. BIOMEDICAL RESEARCH FUND.
``(a) Creation of Trust Fund.--
``(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the `Biomedical
Research Fund'.
``(2) Accounts in trust fund.--The Biomedical Research Fund
shall consist of a separate account for each disease with
respect to which an amount is designated under section 6098,
and one account (to be known as the `Miscellaneous Account')
for amounts designated under section 6098 for which no disease
is indicated. Each such account shall consist of such amounts
as may be appropriated or credited to such account as provided
in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
each account within the Biomedical Research Fund amounts equivalent to
the amounts designated under section 6098 for the disease with respect
to which such account is established (or, in the case of the
Miscellaneous Account, the amounts designated under section 6098 for
which no disease is indicated).
``(c) Expenditures.--The Secretary of Health and Human Services
shall distribute, as provided in appropriation Acts, amounts in the
accounts of the Biomedical Research Fund for purposes of qualified
research, to the extent that such amounts exceed the aggregate of all
Federal administrative costs attributable to the implementation of
section 6098, subsections (a) and (b) of this section, and (with
respect to such fund) section 9602.
``(d) Prohibition of Use To Replace Appropriations.--Amounts
expended under subsection (c) shall be used, with respect to qualified
research regarding any disease, to supplement, not supplant, existing
funding for biomedical research with respect to such disease. No
expenditure shall be made under subsection (c) from any account during
any fiscal year for which the annual amount appropriated for the
National Institutes of Health for biomedical research regarding the
disease with respect to which the account is established is less than
the amount so appropriated for the prior fiscal year.
``(e) Qualified Research.--For purposes of this section, the term
`qualified research' means, with respect to any account of the
Biomedical Research Fund, biomedical research conducted by the National
Institutes of Health regarding the disease with respect to which such
account is established (or, in the case of the Miscellaneous Account,
regarding any disease).''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of income tax
payments to Biomedical Research
Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Biomedical Research Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more, to designate that $5 be paid over to the Biomedical Research Fund.
Establishes in the Treasury the Biomedical Research Fund. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish, and provide a checkoff for, a Biomedical Research Fund, and for other purposes."} | 1,338 | 66 | 0.575981 | 1.373181 | 1.175813 | 6.2 | 21.6 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act maybe cited as the ``First Amendment Freedoms Act of
1998.''.
SEC. 2. EXTORTION DEFINED FOR PURPOSES OF RICO.
Section 1961 of title 18, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``or threat
involving'' and inserting ``constituting a conspiracy, an
endeavor, or the commission of'';
(2) by striking ``As used in'' and inserting the following:
``(a) In General.--Subject to subsection (b), as used in''; and
(3) by adding at the end the following:
``(b) Extortion.--Notwithstanding section 1951, 1952, 1956, or 1957
or any other provision of law, conduct, in whole or in part, that is
alleged to be a violation of section 1951, 1952, 1956, or 1957 shall
not be construed to be racketeering activity for purposes of this
chapter, to the extent that the conduct includes conduct alleged to be
extortion, unless the conduct alleged to be extortion includes the
trespatory taking by any person of property (tangible or intangible) of
another, either for that person or for another.''.
SEC. 3. PLEADINGS, DISCOVERY, EVIDENCE, AND APPEALS.
(a) Pleadings.--Rule 9 of the Federal Rules of Civil Procedure is
amended by adding at the end the following:
``(i) Constitutionally Protected Conduct.--In any civil action or
proceeding involving conduct that includes the protected exercise of
freedom of religion, speech, press, peaceable assembly, or petition of
government for redress of grievance, any averment of unprotected
conduct of any natural person, its proximate consequences, the
association, if any, of any natural person with another, the unlawful
objective, if any, of the association, the state of mind of any natural
person with regard to an unlawful objective of the association, and the
evidence on which the averment of state of mind is based shall be
stated, to the maximum extent practicable, with particularity in the
complaint.''.
(b) Discovery.--Rule 26 of the Federal Rules of Civil Procedure is
amended by adding at the end the following:
``(h) Constitutionally Protected Conduct.--Discovery may not be
obtained that unduly interferes with the protected exercise of freedom
of religion, speech, press, or peaceable assembly, or petition of
government for redress of grievance.''.
(c) Evidence.--Rule 403 of the Federal Rules of Evidence is
amended--
(1) by striking ``Although'' and inserting the following:
``(a) In General.--Although''; and
(2) by adding at the end the following:
``(b) Constitutionally Protected Conduct.--Evidence may not be
admitted that would unduly interfere with or unduly put in issue the
protected exercise of freedom of religion, speech, press, or peaceable
assembly, or petition of government for redress of grievance.''.
(d) Appeals.--Section 1292(a) of title 28, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``from:'' and inserting ``from the following:'';
(2) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period; and
(4) by adding at the end the following:
``(4) Interlocutory orders of the district courts of the
United States granting or enforcing discovery or admitting
evidence that is claimed to unduly interfere with or unduly put
in issue the protected exercise of freedom of religion, speech,
press, or peaceable assembly, or petition of government for
redress of grievance.''.
SEC. 4. LIABILITY LIMITATIONS.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 180--FIRST AMENDMENT DEMONSTRATIONS AND RELATED LITIGATION
``Sec.
``4001. First amendment demonstrations and related litigation.
``Sec. 4001. First amendment demonstrations and related litigation
``(a) In any civil action or proceeding that involves conduct
consisting the protected exercise of freedom of religion, speech,
press, or peaceable assembly, or petition of government for redress of
grievance--
``(1) no natural person may be held liable in damages or
for other relief--
``(A) for the consequences of his protected
conduct; or
``(B) for the consequences of his unprotected
conduct;
except for those consequences established by clear and
convincing evidence to be proximately caused by his
unprotected conduct;
``(2) no natural person may be held liable in damages or
for other relief because of his associations with another where
another engages in unlawful conduct, unless it is established
by clear and convincing evidence that the natural person
intended, through the associations of that natural person with
the other proximately to cause or further the unlawful conduct;
``(3) no natural person may be held liable in damages or
for other relief based on the conduct of another, unless the
fact finder finds by clear and convincing evidence that the
natural person authorized, requested, commanded, ratified, or
recklessly tolerated the unlawful conduct of the other;
``(4) no natural person may be held liable in damages or
for other relief, unless the fact finder makes particularized
findings sufficient to permit full and complete review of the
record, if any, of the conduct of the natural person; and
``(5) notwithstanding any other provision of law
authorizing the recovery of costs, including attorney fees, the
court may not award costs, including attorney fees, if that
award would be unjust because of special circumstances,
including the relevant disparate economic position of the
parties or the disproportionate amount of the costs, including
attorney fees, to the nature of the damage or other relief
obtained.
``(b) For the purpose of this section, a natural person shall be
construed to be acting recklessly if that natural person consciously
disregards a substantial and unjustifiable risk, such that the conduct
of the natural person constitutes a gross deviation from the standard
of conduct that a law-abiding natural person would observe in the
situation of the natural person.''.
(b) Technical and Conforming Amendment.--The analysis for title 28,
United States Code, is amended by inserting immediately after the item
relating to chapter 179 the following:
``180. First Amendment Demonstrations and Related Litigation 4001''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Exception.--The amendments made by section 2 of this Act shall
apply for purposes of any proceeding under section 1964(c) of title 18,
United States Code, to any conduct in violation of section 1962 of that
title that occurs before, on, or after the date of enactment of this
Act, unless that prior conduct has been the subject of a final judgment
by a court of competent jurisdiction and all avenues of appellate
review have been fully exhausted before the date of enactment of this
Act.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | First Amendment Freedoms Act of 1998 - Amends the Racketeer Influenced and Corrupt Organizations Act to revise the definition of "racketeering activity" to cover any act constituting a conspiracy, an endeavor, or the commission of (currently, any act or threat involving) murder, kidnapping, extortion, and other specified crimes.
Specifies that conduct alleged to be a violation of prohibitions against interference with commerce by threats or violence, interstate and foreign travel or transportation in aid of racketeering enterprises, laundering of monetary instruments, or engaging in monetary transactions in property derived from specified unlawful activity shall not be construed to be racketeering activity to the extent that the conduct includes conduct alleged to be extortion, unless such conduct includes the trespatory taking by any person of the property of another.
(Sec. 3) Amends: (1) rule 9 of the Federal Rules of Civil Procedure (FRCP) to require that, in any civil action or proceeding involving conduct that includes the protected exercise of freedom of religion, speech, press, peaceable assembly, or petition of government for redress of grievance (protected rights), any averment of unprotected conduct of a natural person, its proximate consequences, any association of a natural person with another, any unlawful objective of the association, state of mind with regard to such an unlawful objective, and the evidence on which the averment of state of mind is based shall be stated, to the maximum extent practicable, with particularity in the complaint; (2) FRCP 26 to bar discovery that unduly interferes with protected rights; and (3) rule 403 of the Federal Rules of Evidence to bar the admission of evidence that would unduly interfere with or unduly put in issue protected rights.
Amends the Federal judicial code to grant courts of appeals jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or enforcing discovery or admitting evidence that is claimed to unduly interfere with or unduly put in issue protected rights.
(Sec. 4) Amends the judicial code to set forth liability limitations with respect to first amendment demonstrations and related litigation. | {"src": "billsum_train", "title": "First Amendment Freedoms Act of 1998"} | 1,774 | 511 | 0.665879 | 2.259079 | 0.809585 | 4.548872 | 3.947368 | 0.854637 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Support for Teachers in
Education and Mentoring (STEM) Act'' or the ``STEM\2\ Act''.
SEC. 2. STEM EDUCATION PLANNING AND TRAINING.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following:
``PART E--STEM EDUCATION PLANNING AND TRAINING
``SEC. 2501. DEFINITIONS.
``In this part:
``(1) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given those
terms in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(2) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.
``SEC. 2502. PLANNING GRANTS.
``(a) Purpose.--The purpose of this section is to address the lack
of coordination among STEM education efforts in the States.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a State, Indian tribe, tribal organization,
nonprofit organization, or institution of higher education.
``(c) Grants Authorized.--From amounts made available to carry out
this section, the Secretary shall carry out a program of awarding, on a
competitive basis, planning grants to eligible entities to enable the
eligible entities to--
``(1) develop effective State or tribal STEM networks for
communication and collaboration that include school teachers,
institutions of higher education, nonprofit organizations,
businesses, Federal, State, and local governments, and any
other relevant entities; and
``(2) through such State STEM networks, identify future
STEM skills needed for STEM and non-STEM occupations.
``(d) Application.--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.
``(e) Reports.--
``(1) Reports to the secretary.--An eligible entity
receiving a grant under this section shall submit to the
Secretary an annual report describing the progress made on the
grant.
``(2) Reports to congress.--Not later than 3 years after
the date of enactment of the STEM Support for Teachers in
Education and Mentoring (STEM) Act, and every 3 years
thereafter, the Secretary shall submit a report to Congress
regarding the program supported under this section.
``SEC. 2503. TRAINING PROGRAM GRANTS.
``(a) Purpose.--The purpose of this section is to strengthen the
capacity of teachers, elementary schools, middle schools, and secondary
schools to inspire and prepare students for STEM careers and build STEM
literacy.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a State, Indian tribe, tribal organization,
local educational agency, institution of higher education, or nonprofit
organization.
``(c) Grants Authorized.--
``(1) In general.--From amounts made available to carry out
this section, the Secretary shall carry out a program of
awarding grants, on a competitive basis, to eligible entities
to enable the eligible entities to develop, carry out, and
evaluate training programs for STEM education in elementary
schools, middle schools, and secondary schools.
``(2) Proportionality.--To the extent practicable, the
Secretary shall, in awarding grants under this section, ensure
an equitable distribution between eligible entities serving
urban areas and eligible entities serving rural areas.
``(d) Application.--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. Such application shall include--
``(1) a description of how the eligible entity will monitor
and evaluate the effectiveness of the training program,
including how the eligible entity plans to measure the impact
of the training on teachers who attended the training after the
teachers return to the classroom; and
``(2) any other information the Secretary determines
appropriate.
``(e) Use of Funds.--An eligible entity receiving a grant under
this section shall use grant funds to carry out a training program,
using best practice models and through summer institutes or other
professional development enrichment programs, that provides
professional development regarding STEM education to STEM teachers
(including STEM teachers who are master teachers or have otherwise
demonstrated mastery of STEM teaching) and administrators who are
currently employed as teachers and administrators, respectively, as of
the time of the program.
``(f) Reports.--
``(1) Reports to the secretary.--An eligible entity
receiving a grant under this section shall submit to the
Secretary an annual report that describes the progress made on
the grant and includes the results from the evaluation
described in the application under subsection (d).
``(2) Reports to congress.--Not later than 3 years after
the date of enactment of this part, and every 3 years
thereafter, the Secretary shall submit a report to Congress
regarding the program supported under this section.
``SEC. 2504. NATIONAL PANEL.
``(a) In General.--The Secretary shall establish a national panel
to review, evaluate, and identify--
``(1) rigorous kindergarten through grade 12 STEM curricula
models, including computer or web-based simulation education
programs and kinesthetic learning; and
``(2) best practices with respect to STEM curricula.
``(b) Members.--The Secretary shall determine the membership of the
national panel described in subsection (a), which shall be comprised of
individuals who have the wisdom and experience to identify and
recommend the most effective STEM curricula models, such as--
``(1) representatives of technology industries and
business;
``(2) teachers and school administrators;
``(3) representatives of nonprofit organizations and
community organizations;
``(4) faculty members of institutions of higher education;
``(5) research specialists and curricula specialists;
``(6) at least 1 rural education expert; and
``(7) other individuals, as determined appropriate by the
Secretary.
``(c) Reports.--The panel shall prepare reports and recommendations
regarding the panel's findings as requested by the Secretary.
``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 2011 and each of the 5
succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 2441 the following:
``Part E--STEM Education Planning and Training
``Sec. 2501. Definitions.
``Sec. 2502. Planning grants.
``Sec. 2503. Training program grants.
``Sec. 2504. National panel.
``Sec. 2505. Authorization of appropriations.''. | STEM Support for Teachers in Education and Mentoring (STEM) Act or STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future.
Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies, institutions of higher education, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools.
Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12. | {"src": "billsum_train", "title": "A bill to assist in the coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes."} | 1,597 | 196 | 0.672984 | 1.56214 | 0.833202 | 2.820652 | 7.98913 | 0.907609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Bald Eagle Recovery and
National Emblem Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The bald eagle was designated as the national emblem of the
United States on June 20, 1782, by our country's Founding Fathers
at the Second Continental Congress.
(2) The bald eagle is the greatest visible symbol of the spirit
of freedom and democracy in the world.
(3) The bald eagle species is unique to North America and
represents the American values and attributes of freedom, courage,
strength, spirit, loyalty, justice, equality, democracy, quality,
and excellence.
(4) The bald eagle is the central image used in the Great Seal
of the United States and the seal of many branches and departments
of the United States Government, including the President and the
Vice President of the United States, the United States Congress,
the Department of Defense, the Department of the Treasury, the
Department of Justice, the Department of State, the Department of
Commerce, the Department of Homeland Security, and the United
States Postal Service.
(5) The bald eagle's image and symbolism have played a profound
role in establishing and honoring American beliefs and traditions.
(6) The bald eagle's image and symbolism have influenced
American art, music, history, literature, commerce, and culture
since the founding of our Nation.
(7) The bald eagle species was once threatened with possible
extinction in the lower 48 States but is now making a gradual,
encouraging recovery within America's lands, waterways, and skies.
(8) The bald eagle was federally classified as an
``endangered'' species in 1973 under the Endangered Species Act of
1973, and, in 1995, was removed from the ``endangered'' species
list and upgraded to the less imperiled ``threatened'' status under
such Act.
(9) The administration is likely to officially delist the bald
eagle from both the ``endangered'' and ``threatened'' species lists
under the Endangered Species Act of 1973 by no later than 2008.
(10) The initial recovery of the bald eagle population in the
United States was accomplished by the vigilant efforts of numerous
caring agencies, corporations, organizations, and citizens.
(11) The continued caring and concern of the American people
and the further restoration and protection of the bald eagle and
its habitat is necessary to guarantee the full recovery and
survival of this precious national treasure for future generations.
(12) Since the Endangered Species Act of 1973 requires that
delisted species be administratively monitored for a 5-year period,
the bald eagle nests in 49 States will require continual monitoring
after the bald eagle is removed from the protection of such Act;
and such efforts will require substantial funding to the Federal
and State agencies and private organizations that will conduct such
monitoring.
(13) Due to Federal and State budget cutting and balancing
trends, funding for on-going bald eagle care, restoration,
monitoring, protection, and enhancement programs has diminished
annually.
(14) In anticipation of the nationwide observance of the
official removal, by 2008, of the bald eagle from the
``threatened'' species list under the Endangered Species Act of
1973, and the 35th anniversary, in 2008, of the Endangered Species
Act of 1973 and the designation of the bald eagle as an
``endangered'' species under such Act, Congress wishes to offer the
opportunity for all persons to voluntarily participate in raising
funds for future bald eagle recovery, monitoring, and preservation
efforts and to contribute to a special American Eagle Fund
endowment managed by the not-for-profit American Eagle Foundation
of Tennessee in the United States, in cooperation with fund
management experts.
(15) It is appropriate for Congress to authorize coins--
(A) celebrating the recovery and restoration of the bald
eagle, the living symbol of freedom in the United States, to
America's lands, waterways, and skies;
(B) commemorating the removal of the bald eagle from the
``endangered'' and ``threatened'' species lists under the
Endangered Species Act of 1973; and
(C) commemorating the 35th anniversary of the enactment of
the Endangered Species Act of 1973 and the designation of the
bald eagle as an ``endangered'' species under such Act.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In celebration of the recovery of the bald
eagle, the national living symbol of freedom, to America's lands,
waterways, and skies and in commemoration of the 35th anniversary of
the enactment of the Endangered Species Act of 1973 and the placement
of the bald eagle on the endangered species list under such Act, the
Secretary of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(3) Half dollar clad coins.--Not more than 750,000 half dollar
coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the bald eagle and its history, natural
biology, and national symbolism.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2008'' ; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts, and the American Eagle Foundation of
Tennessee in the United States; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2008.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $3 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the American Eagle Foundation of Tennessee in the United States to
further its works.
(c) Audits.--The American Eagle Foundation of Tennessee in the
United States and the American Eagle Fund shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received by the Foundation or the Fund under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins.
Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism.
Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to further its works. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America's lands, waterways, and skies and the great importance of the designation of the American bald eagle as an \"endangered\" species under the Endangered Species Act of 1973, and for other purposes."} | 2,298 | 205 | 0.518564 | 1.579598 | 0.599824 | 5.703911 | 11.452514 | 0.988827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Urban Health Care Act of
2001''.
SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.
(a) Requirements.--Section 212(m) of the Immigration and
Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows:
``(m)(1) The qualifications referred to in the section
101(a)(15)(i)(c), with respect to an alien who is coming to the United
States to perform nursing services for a facility, are that the alien--
``(A) has obtained a full and unrestricted license to
practice professional nursing in the country where the alien
obtained nursing education, or has received nursing education
in the United States or Canada;
``(B) has passed the examination given by the Commission on
Graduates of Foreign Nursing Schools (or has passed another
appropriate examination recognized in regulations promulgated
in consultation with the Secretary of Health and Human
Services), or has a full and unrestricted license under State
law to practice professional nursing in the State of intended
employment; and
``(C) is fully qualified and eligible under the laws
(including such temporary or interim licensing requirements
which authorize the nurse to be employed) governing the place
of intended employment to take the State licensure examination
after entry into the United States, and the lack of a social
security number shall not indicate a lack of eligibility to
take the State licensure examination.
``(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an alien will
perform services, is an attestation as to the following:
``(i) The employment of the alien will not adversely affect
the wages and working conditions of registered nurses similarly
employed at the facility.
``(ii) The alien employed by the facility will be paid the
wage rate for registered nurses similarly employed by the
facility.
``(iii) There is not a strike or lockout in the course of a
labor dispute, the facility did not lay off and will not lay
off a registered staff nurse who provides patient care and who
is employed by the facility within the period beginning 90 days
before and ending 90 days after the date of filing of any visa
petition for clarification of such an alien under section
101(a)(15)(H)(i)(c), and the employment of such an alien is not
intended or designed to influence an election for a bargaining
representative for registered nurses of the facility.
``(iv) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c), notice of
the filing has been provided by the facility to the bargaining
representative of the registered nurses at the facility or,
where there is no such bargaining representative, notice of the
filing has been provided to the registered nurses employed by
the employer at the facility through posting in conspicuous
locations.
``(v) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c)--
``(I) authorize the alien to perform nursing
services at any worksite other than a worksite
controlled by the facility; or
``(II) transfer the place of employment of the
alien from one worksite to another.
``(B) A copy of the attestation shall be provided, within 30 days
of the date of filing, to registered nurses employed at the facility on
the date of filing.
``(C) The Secretary of Labor shall review an attestation only for
completeness and obvious inaccuracies. Unless the Secretary finds that
the attestation is incomplete or obviously inaccurate, the Secretary
shall certify the attestation within 7 calendar days of the date of the
filing of the attestation. If the attestation is not returned to the
facility within 7 calendar days, the attestation shall be deemed
certified.
``(D) Subject to subparagraph (F), an attestation under
subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the three-year period beginning on
the date of its filing with the Secretary; or
``(II) the end of the period of admission under
section 101(a)(15)(H)(i)(c) of the last alien with
respect to whose admission it was applied (in
accordance with clause (ii)); and
``(ii) shall apply to petitions filed during the three-year
period beginning on the date of its filing with the Secretary
if the facility states in each such petition that it continues
to comply with the conditions in the attestation.
``(E) A facility may meet the requirements under this paragraph
with respect to more than one registered nurse in a single petition.
``(F)(i) The Secretary shall compile and make available for public
examination in a timely manner in Washington, D.C., a list identifying
facilities which have filed petitions for classification of
nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such
facility, a copy of the facility's attestation under subparagraph (A)
and each such petition filed by the facility.
``(ii) The Secretary shall establish a process, including
reasonable time limits, for the receipt, investigation, and disposition
of complaints respecting a facility's failure to meet conditions
attested to or a facility's misrepresentation of a material fact in an
attestation. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives, associations deemed
appropriate by the Secretary, and other aggrieved parties as determined
under regulations of the Secretary, but excluding any governmental
agency or entity). The Secretary shall conduct an investigation under
this clause if there is probable cause to believe that a facility
willfully failed to meet conditions attested to. Subject to the time
limits established under this clause, this subparagraph shall apply
regardless of whether or not an attestation is expired or unexpired at
the time a complaint is filed.
``(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination as
to whether or not a basis exists to make a finding described in clause
(iv). If the Secretary determines that such a basis exists, the
Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
``(iv) If the Secretary finds, after notice and opportunity for a
hearing, that a facility (for which an attestation is made) has
willfully failed to meet a condition attested to or that there was a
willful misrepresentation of material fact in the attestation, the
Secretary shall notify the Attorney General of such finding and may, in
addition, impose such other administrative remedies (including civil
monetary penalties in an amount not to exceed $1,000 per nurse per
violation, with the total penalty not to exceed $10,000 per violation)
as the Secretary determines to be appropriate. Upon receipt of such
notice, the Attorney General shall not approve petitions filed with
respect to a facility during a period of at least one year for nurses
to be employed by the facility.
``(v) In addition to the sanctions provided for under clause (iv),
if the Secretary finds, after notice and an opportunity for a hearing,
that a facility has violated the condition attested to under
subparagraph (A)(ii) (relating to payment of registered nurses at the
facility wage rate), the Secretary shall order the facility to provide
for payment of such amounts of back pay as may be required to comply
with such condition.
``(G)(i) The Secretary shall impose on a facility filing an
attestation under subparagraph (A) a filing fee in an amount prescribed
by the Secretary based on the costs of carrying out the Secretary's
duties under this subsection, but not exceeding $250.
``(ii) Fees collected under this subparagraph shall be deposited in
a fund established for this purpose in the Treasury of the United
States.
``(iii) The collected fees in the fund shall be available to the
Secretary, to the extent and in such amounts as may be provided in
appropriations Acts, to cover the costs described in clause (i), in
addition to any other funds that are available to the Secretary to
cover such costs.
``(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be for an initial period not to exceed three
years, subject to an extension for a period or periods not to exceed a
total period of admission of six years.
``(4) A facility that has filed a petition under section
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing
services for the facility--
``(A) shall provide the nonimmigrant a wage rate and
working conditions commensurate with those of nurses similarly
employed by the facility; and
``(B) shall not interfere with the right of the
nonimmigrant to join or organize a union.
``(5)(A) For purposes of paragraph (2)(A)(iii), the term `lay off',
with respect to a worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance, violation
of workplace rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or contract; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer at
equivalent or higher compensation and benefits than the
position from which the employee was discharged, regardless of
whether or not the employee accepts the offer.
``(B) Nothing in this paragraph is intended to limit an employee's
or an employer's rights under a collective bargaining agreement or
other employment contract.
``(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c), the term `facility' includes a hospital, nursing
home, skilled nursing facility, registry, clinic, assisted-living
center, and an employer who employs any registered nurse in a home
setting.
``(7) Except as otherwise provided, in this subsection, the term
`Secretary' means the Secretary of Labor.''.
(b) Implementation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Labor (in consultation, to the
extent required, with the Secretary of Health and Human Services) and
the Attorney General shall promulgate final or interim final
regulations to carry out section 212(m) of the Immigration and
Nationality Act (as amended by subsection (a)) The amendments made by
this section shall take effect not later than 90 days after the date of
the enactment of this Act, without regard to whether or not regulations
to carry out such amendments have been promulgated by such date.
SEC. 3. REPEAL.
Section 3 of the Nursing Relief for Disadvantaged Areas Act of 1999
(Public Law 106-95; 8 U.S.C. 1182 note; relating to recommendations for
alternative remedy for nursing shortage) is repealed.
SEC. 4. QUALIFICATION FOR CERTAIN ALIEN NURSES.
(a) Elimination of Certain Grounds of Inadmissability.--Section 212
of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by
striking subsections (a)(5)(C) and (r).
(b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is
amended by adding at the end the following new sentence: ``Any such
petition filed on behalf of an alien who will be employed as a
professional nurse shall include evidence that the alien--
``(i) has passed--
``(I) the examination given by the
Commission on Graduates of Foreign
Nursing Schools (CGFNS); or
``(II) another appropriate
examination recognized in regulations
promulgated in consultation with the
Secretary of Health and Human Services;
or
``(ii) holds a full and unrestricted
license to practice professional nursing in the
State of intended employment.''.
SEC. 5. WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT.
(a) In General.--Section 214(l) of the Immigration and Nationality
Act (8 U.S.C. 1184(l)) is amended--
(1) in paragraph (1)(B), by striking ``20'' and inserting
``40, plus the number of waivers specified in paragraph (4)'';
and
(2) by adding at the end the following new paragraph:
``(4) The number of waivers specified in this paragraph is the
total number of unused waivers allotted to all States for a fiscal year
divided by the number of States having no unused waivers remaining in
the allotment to those States for that fiscal year.''.
(b) Elimination of Termination Date.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (Public
Law 103-416, as amended; 8 U.S.C.1182 note) is amended by striking
``and before June 1, 2002''.
SEC. 6. OTHER MEASURES TO MEET RURAL AND URBAN HEALTH CARE NEEDS.
(a) Grant Authority.--The Secretary of Health and Human Services
shall award grants to States, local governments, and institutions of
higher education (as defined in section 101(a) of the Higher Education
Act of 1965) to fund training, recruitment, and other activities to
increase the supply of domestic registered nurses and other needed
health care providers.
(b) Application.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
of Health and Human Services at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary of Health and Human Services determines to be
essential to ensure compliance with the requirements of
this section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Health and Human Services such sums
as may be necessary to carry out this section. | Rural and Urban Health Care Act of 2001 - Amends the Immigration and Nationality Act to: (1) revise admission requirements for nonimmigrant alien nurses, including increasing the type of qualifying employer-facilities; (2) revise related immigrant status provisions; and (3) increase the number of annual two-year foreign residency requirement waivers for aliens receiving graduate medical education or training in the United States.Directs the Secretary of Health and Human Services to award grants to States, local governments, and institutions of higher education for recruitment and training of domestic registered nurses and other health care providers. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act with respect to the admission of nonimmigrant nurses."} | 3,354 | 126 | 0.468939 | 1.242574 | 0.572094 | 3.651786 | 26.169643 | 0.866071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Taxpayer Protection Act
of 2001''.
SEC. 2. REGULATION OF INCOME TAX RETURN PREPARERS AND REFUND
ANTICIPATION LOAN PROVIDERS.
(a) Definitions.--In this Act:
(1) Income tax return preparer.--
(A) In general.--The term ``income tax return
preparer'' means any individual who is an income tax
return preparer (within the meaning of section
7701(a)(36) of the Internal Revenue Code of 1986) who
prepares not less than 5 returns of tax imposed by
subtitle A of such Code or claims for refunds of tax
imposed by such subtitle A per taxable year.
(B) Exception.--Such term shall not include a
federally authorized tax practitioner within the
meaning of section of 7526(a)(3) of such Code.
(2) Refund anticipation loan provider.--The term ``refund
anticipation loan provider'' means a person who makes a loan of
money or of any other thing of value to a taxpayer because of
the taxpayer's anticipated receipt of a Federal tax refund.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Regulations.--
(1) Registration required.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall
promulgate regulations that--
(i) require the registration of income tax
return preparers and of refund anticipation
loan providers with the Secretary or the
designee of the Secretary, and
(ii) prohibit the payment of a refund of
tax to a refund anticipation loan provider or
an income tax return preparer that is the
result of a tax return which is prepared by the
refund anticipation loan provider or the income
tax return preparer which does not include the
refund anticipation loan provider's or the
income tax return preparer's registration
number.
(B) No disciplinary action.--The regulations shall
require that an applicant for registration must not
have demonstrated any conduct that would warrant
disciplinary action under part 10 of title 31, Code of
Federal Regulations.
(C) Burden of registration.--In promulgating the
regulations, the Secretary shall minimize the burden
and cost on the registrant.
(2) Rules of conduct.--All registrants shall be subject to
rules of conduct that are consistent with the rules that govern
federally authorized tax practitioners.
(3) Reasonable fees and interest rates.--The Secretary,
after consultation with any expert as the Secretary deems
appropriate, shall include in the regulations guidance on
reasonable fees and interest rates charged to taxpayers in
connection with loans to taxpayers made by refund anticipation
loan providers.
(4) Renewal of registration.--The regulations shall
determine the time frame required for renewal of registration
and the manner in which a registered income tax return preparer
or a registered refund anticipation loan provider must renew
such registration.
(5) Fees.--
(A) In general.--The Secretary may require the
payment of reasonable fees for registration and for
renewal of registration under the regulations.
(B) Purpose of fees.--Any fees required under this
paragraph shall inure to the Secretary for the purpose
of reimbursement of the costs of administering the
requirements of the regulations.
(c) Prohibition.--Section 6695 of the Internal Revenue Code of 1986
(relating to other assessable penalties with respect to the preparation
of income tax returns for other persons) is amended by adding at the
end the following new subsection:
``(h) Actions on a Taxpayer's Behalf by a Non-Registered Person.--
Any person not registered pursuant to the regulations promulgated by
the Secretary under the Low Income Taxpayer Protection Act of 2001
who--
``(1) prepares a tax return for another taxpayer for
compensation, or
``(2) provides a loan to a taxpayer that is linked to or in
anticipation of a tax refund for the taxpayer,
shall be subject to a $500 penalty for each incident of
noncompliance.''.
(d) Coordination with Section 6060(a).--The Secretary shall
determine whether the registration required under the regulations
issued pursuant to this section should be in lieu of the return
requirements of section 6060.
(e) Paperwork Reduction.--The Secretary shall minimize the amount
of paperwork required of a income tax return preparer or a refund
anticipation loan provider to meet the requirements of these
regulations.
SEC. 3. IMPROVED SERVICES FOR TAXPAYERS.
(a) Electronic Filing Efforts.--
(1) In General.--The Secretary shall focus electronic
filing efforts on benefiting the taxpayer by--
(A) reducing the time between receipt of an
electronically filed return and remitting a refund, if
any,
(B) reducing the cost of filing a return
electronically,
(C) improving services provided by the Internal
Revenue Service to low and moderate income taxpayers,
and
(D) providing tax-related computer software at no
or nominal cost to low and moderate income taxpayers.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to Congress a report on the efforts made pursuant to paragraph
(1).
(b) Volunteer Income Tax Assistance Program.--
(1) Study.--The Secretary shall undertake a study on the
expansion of the volunteer income tax assistance program to
service more low income taxpayers.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to Congress a report on the study conducted pursuant to
paragraph (1).
(3) Authorization of Appropriations.--
(A) In general.--There is authorized to be
appropriated to the Secretary for volunteer income tax
assistance clinics $6,000,000, to remain available
until expended.
(B) Use of funds.--Such amounts appropriated under
subparagraph (A) shall be used for the operating
expenses of volunteer income tax assistance clinics,
expenses for providing electronic filing expenditures
through such clinics, and related expenses.
(c) Tele-Filing.--The Secretary shall ensure that tele-filing is
available for all taxpayers for the filing of tax returns with respect
to taxable years beginning in 2001.
(d) Deposit Indicator Program.--
(1) Review.--The Secretary shall review the decision to
reinstate the Deposit Indicator program.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to Congress a report on the review made pursuant to paragraph
(1).
(e) Direct Deposit Accounts.--The Secretary shall allocate
resources to programs to assist low income taxpayers in establishing
accounts at financial institutions that receive direct deposits from
the United States Treasury.
(f) Pilot Program for Mobile Tax Return Filing Offices.--
(1) In general.--The Secretary shall establish a pilot
program for the creation of four mobile tax return filing
offices with electronic filing capabilities.
(2) Location of service.--
(A) In general.--The mobile tax return filing
offices shall be located in communities that the
Secretary determines have a high incidence of taxpayers
claiming the earned income tax credit.
(B) Indian reservation.--At least one mobile tax
return filing office shall be on or near an Indian
reservation (as defined in section 168(j)(6) of the
Internal Revenue Code of 1986). | Low Income Taxpayer Protection Act of 2001 - Amends the Internal Revenue Code to require the promulgation of regulations that: (1) require the registration of income tax return preparers and of refund anticipation loan providers; and (2) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number.Requires the Secretary of the Treasury to focus electronic filing efforts on benefitting the taxpayer by: (1) reducing the time between receipt of an electronically filed return and remitting a refund; (2) reducing the cost of filing a return electronically; (3) improving services provided by the Internal Revenue Service to low and moderate income taxpayers; and (4) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers.Provides for a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities. | {"src": "billsum_train", "title": "A bill to assist low income taxpayers in preparing and filing their tax returns and to protect taxpayers from unscrupulous refund anticipation loan providers, and for other purposes."} | 1,661 | 237 | 0.65139 | 1.950594 | 0.959626 | 5.976526 | 6.882629 | 0.962441 |
SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
(a) In General.--The Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board') shall be
composed of 14 members appointed by the President by and with
the advice and consent of the Senate.
``(2) Composition.--The Board shall be composed of 14
members, of whom--
``(A) 2 members shall be residents of Alabama;
``(B) 2 members shall be residents of Georgia;
``(C) 2 members shall be residents of Kentucky;
``(D) 2 members shall be residents of Mississippi;
``(E) 2 members shall be residents of North
Carolina;
``(F) 2 members shall be residents of Tennessee;
and
``(G) 2 members shall be residents of Virginia.
``(b) Qualifications.--
``(1) In general.--To be eligible to be appointed as a
member of the Board, an individual--
``(A) shall be a citizen of the United States;
``(B) shall not be an employee of the Corporation;
``(C) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(D) shall profess a belief in the feasibility and
wisdom of this Act.
``(2) Party affiliation.--Not more than 8 of the 14 members
of the Board may be affiliated with a single political party.
``(c) Terms.--
``(1) In general.--A member of the Board shall serve a term
of 4 years except that in first making appointments after the
date of enactment of this paragraph, the President shall
appoint--
``(A) 5 members to a term of 2 years;
``(B) 6 members to a term of 3 years; and
``(C) 3 members to a term of 4 years.
``(2) Vacancies.--A member appointed to fill a vacancy in
the Board occurring before the expiration of the term for which
the predecessor of the member was appointed shall be appointed
for the remainder of that term.
``(3) Reappointment.--
``(A) In general.--A member of the Board that was
appointed for a full term may be reappointed for 1
additional term.
``(B) Appointment to fill vacancy.--For the purpose
of subparagraph (A), a member appointed to serve the
remainder of the term of a vacating member for a period
of more than 2 years shall be considered to have been
appointed for a full term.
``(d) Quorum.--
``(1) In general.--Eight members of the Board shall
constitute a quorum for the transaction of business.
``(2) Minimum number of members.-- A vacancy in the Board
shall not impair the power of the Board to act, so long as
there are 8 members in office.
``(e) Compensation.--
``(1) In general.--A member of the Board shall be entitled
to receive--
``(A) a stipend of $30,000 per year; and
``(B) travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in Government service under section 5703
of title 5, United States Code.
``(2) Adjustments in stipends.--The amount of the stipend
under paragraph (1)(A) shall be adjusted by the same
percentage, at the same time and manner, and subject to the
same limitations as are applicable to adjustments under section
5318 of title 5, United States Code.
``(f) Chief Executive Officer.--
``(1) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint a person to serve as
chief executive officer of the Corporation.
``(2) Qualifications.--To serve as chief executive officer
of the Corporation, a person--
``(A) shall be a citizen of the United States;
``(B) shall have proven management experience in
large, complex organizations;
``(C) shall not be a current member of the Board or
have served as a member of the Board within 2 years
before being appointed chief executive officer; and
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(3) Term.--
``(A) In general.--The chief executive officer
shall serve for a term of 4 years.
``(B) Reappointment.--The chief executive officer
may be reappointed for additional terms.
``(4) Compensation.--
``(A) In general.--The chief executive officer
shall be entitled to receive--
``(i) compensation at a rate that does not
exceed the annual rate of pay prescribed under
Level III of the Executive Schedule under
section 5315 of title 5, United States Code;
and
``(ii) reimbursement from the Corporation
for travel expenses, including per diem in lieu
of subsistence, while away from home or regular
place of business of the chief executive
officer in the performance of the duties of the
chief executive officer.''.
(b) Current Board Members.--A member of the board of directors of
the Tennessee Valley Authority who was appointed before the effective
date of the amendment made by subsection (a)--
(1) shall continue to serve as a member until the date of
expiration of the member's current term; and
(2) may not be reappointed.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act take effect, and the additional
members of the Board of the Tennessee Valley Authority and Chief
Executive Officer shall be appointed so as to commence their terms on,
the date that is 90 days after the date of enactment of this Act. | Amends the Tennessee Valley Authority Act of 1933 to: (1) expand from 3 to 14 the membership of the Board of Directors; (2) grant permanent membership to the States of Alabama, Georgia, Kentucky, Mississippi; North Carolina, Tennessee, and Virginia; (3) set Board member compensation at a stipend of $30,000 per year, plus travel expenses; and (4) provide for a Chief Executive Officer appointed by the President, with the advice and consent of the Senate. | {"src": "billsum_train", "title": "A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes."} | 1,497 | 97 | 0.529946 | 1.411869 | 0.877536 | 2.65625 | 14.322917 | 0.927083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solicitation Disclosure Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American consumers collectively spend millions of hours
opening and reading mail they are induced into falsely
believing is from a government entity or an institution with
which they are currently doing business;
(2) misleading commercial solicitations commonly employ the
use of emblems, seals, or designs similar to those used by the
Federal government or by State or local governments; and
(3) annually, millions of Americans receive commercial
solicitations in the mail luring them into purchasing a good or
service by deliberately misleading them into believing they
have won a contest.
SEC. 3. LABELING REQUIREMENT FOR UNSOLICITED COMMERCIAL MAIL.
(a) Labeling Requirement.--Beginning 6 months after the date of
enactment of this Act, any unsolicited commercial offer that is sent to
an individual through the mails shall contain, on the outside of such
solicitation, a notice to the recipient. Such notice shall be in a
large, clear, and bold typeface, in a contrasting color, and in a clear
and conspicuous location on the outside envelope containing such
solicitation, or in the case of a solicitation that is mailed without
an envelope, in a clear and conspicuous location at the top of such
solicitation. Such notice shall read ``This Is an Unsolicited
Commercial Offer From'' followed by the name of the person or company
making such offer.
(b) Definition.--As used in this Act, the term ``unsolicited
commercial offer'' means any solicitation or offer that--
(1) is sent to an individual without that individual having
requested such solicitation or offer; and
(2) is for any financial product or service, including
loans or other offers of credit, offers of insurance coverage,
debt refinancing services, debt cancellation services,
mortgages, and investment products.
Such term does not include an advertisement for the purchase of
consumer goods at retail.
(c) Enforcement.--
(1) Enforcing agencies.--Compliance with the requirements
imposed under this section shall be enforced under--
(A) section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818), in the case of--
(i) national banks, and Federal branches
and Federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
(ii) member banks of the Federal Reserve
System (other than national banks), branches
and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25(a) of the Federal
Reserve Act (12 U.S.C. 601 et seq., 611 et
seq.), by the Board; and
(iii) banks insured by the Federal Deposit
Insurance Corporation (other than members of
the Federal Reserve System) and insured State
branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance
Corporation;
(B) section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818), by the Director of the Office of
Thrift Supervision, in the case of a savings
association the deposits of which are insured by the
Federal Deposit Insurance Corporation;
(C) the Federal Credit Union Act (12 U.S.C. 1751 et
seq.), by the Administrator of the National Credit
Union Administration with respect to any Federal credit
union; and
(D) the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.), by the Securities and Exchange
Commission, with respect to any broker or dealer
subject to that Act.
The terms used in subparagraph (A) that are not defined in this
Act or otherwise defined in section 3(s) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given
to them in section 1(b) of the International Banking Act of
1978 (12 U.S.C. 3101).
(2) Violations of section deemed violations of pre-existing
statutory requirements; additional powers.--For the purpose of
the exercise by any agency referred to in paragraph (1) of its
powers under any Act referred to in that paragraph, a violation
of any requirement imposed under this section shall be deemed
to be a violation of a requirement imposed under that Act. In
addition to its powers under any provision of law specifically
referred to in paragraph (1), each of the agencies referred to
in that paragraph may exercise, for the purpose of enforcing
compliance with any requirement imposed under this section, any
other authority conferred on it by law.
(3) Overall enforcement authority of federal trade
commission.--Except to the extent that enforcement of the
requirements imposed under this section is specifically
committed to some other Government agency under paragraph (1),
the Federal Trade Commission shall enforce such requirements.
For the purpose of the exercise by the Federal Trade Commission
of its functions and powers under the Federal Trade Commission
Act (15 U.S.C. 41 et seq.), a violation of any requirement
imposed under this section shall be deemed a violation of a
requirement imposed under that Act. All of the functions and
powers of the Federal Trade Commission under the Federal Trade
Commission Act are available to the Commission to enforce
compliance by any person subject to the jurisdiction of the
Commission with the requirements imposed under this section,
irrespective of whether that person is engaged in commerce or
meets any other jurisdictional tests in the Federal Trade
Commission Act.
(4) Additional enforcement with respect to insurance
companies.--The attorney general of a State, the State
insurance commission, or any other State agency authorized by
State law may--
(A) bring a civil action on behalf of the residents
of the State in a district court of the United States
of appropriate jurisdiction to enforce the provisions
of this Act with respect to insurance companies; and
(B) utilize administrative procedures authorized by
the State to enforce the provisions of this Act with
respect to insurance companies. | Solicitation Disclosure Act - Requires that any mailed unsolicited commercial offer for any financial product or service (including loans or other credit, insurance, debt refinancing or cancellation, mortgages, and investments) include, on the outside envelope (or if mailed without an envelope, at the top of the solicitation), the label "This Is an Unsolicited Commercial Offer From" followed by the name of the person or company making the offer. Excludes advertisements for retail consumer goods from the definition of "unsolicited commercial offer."
Provides for enforcement by the Federal Trade Commission (FTC) under the Federal Trade Commission Act and by other agencies under specified Acts. | {"src": "billsum_train", "title": "To require certain labeling of unsolicited commercial mail."} | 1,329 | 150 | 0.595924 | 1.880912 | 0.737605 | 2.75 | 9.975806 | 0.879032 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Stimulating
Leadership in Cutting Expenditures Act of 2005''.
(b) Findings.--Congress finds that--
(1) large areas of several States, including many large and
small communities, have suffered numerous deaths and widespread
destruction as a result of recent hurricanes and other natural
disasters;
(2) millions of Americans have been forced to flee their
homes, and in some cases have been left homeless, by those
disasters;
(3) the adverse consequences for the regional and national
economy are expected to be substantial and ongoing;
(4) Congress has responded by providing large amounts of
funding to enable the Government to assist States, local
authorities, and individuals most affected by those disasters;
(5) substantial additional appropriations for these
purposes probably will be required in the future;
(6) Federal expenditures for other purposes already exceed
revenues, so unless offset by increased revenues or reductions
in other expenditures, funding for these purposes will increase
the national debt that must be repaid, with interest, in the
future;
(7) the President has indicated that he thinks funds
provided for other purposes can be reduced in order to offset
some or all of these costs; and
(8) however, under current law, the Congress is not
required to act on any such proposals by the President.
(c) Purpose.--The purpose of this Act is to enable the President to
require Congress to debate and vote on certain presidential proposals
for reducing other spending in order to offset amounts appropriated in
response to the effects of recent natural disasters.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED SPENDING
REDUCTIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in Public Law 109-59 or in an appropriation Act. Funds made
available for obligation under this procedure may not be proposed for
rescission again under this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Proposed rescissions of transportation projects.--
``(A) On or before November 1, 2005, the President
may transmit to Congress a special message proposing to
rescind amounts of budget authority provided in the
Transportation Equity Act: A Legacy for Users (P.L.
109-59).
``(B) A special message transmitted pursuant to
this subsection shall be accompanied by a draft bill
each section of which would affect only the specific
project or purpose specified in such section.
``(2) Proposed rescissions in appropriation acts.--
``(A) Not later than January 1, 2006, the President
may transmit to Congress a special message proposing to
rescind amounts of budget authority provided in an
appropriation Act enacted prior to such date in order
to offset amounts appropriated or expected to be
appropriated in connection with natural disasters
occurring during calendar year 2005 and include with
that special message a draft bill each section of
which, if enacted, would only rescind the amount of
budget authority specified in such section. That bill
shall clearly identify the amount of budget authority
that is proposed to be rescinded for each program,
project, or activity to which that budget authority
relates.
``(B) If a special message transmitted pursuant to
this subsection proposes to rescind budget authority
included in an appropriation Act that includes accounts
within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President shall
send a draft bill that separates the proposed
rescissions from accounts within the jurisdiction of
each such subcommittee.
``(C) Each special message shall specify, with
respect to the budget authority proposed to be
rescinded, the matters referred to in paragraphs (1)
through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) A bill affecting Public Law 109-59 shall be referred
to the Committee on Transportation and Infrastructure and a
bill to rescind budgetary authority included in an
appropriation Act shall be referred to the Committee on
Appropriations of the House of Representatives. The committee
of referral shall report the bill without substantive revision,
and with or without recommendation. The bill shall be reported
not later than the seventh legislative day of that House after
the date of receipt of that special message. If the Committee
of referral fails to report the bill within that period, that
committee shall be automatically discharged from consideration
of the bill, and the bill shall be placed on the appropriate
calendar.
``(C) A separate vote on each section and, if any section
is approved, on final passage of a bill referred to in
subparagraph (B) shall be taken in the House of Representatives
on or before the close of the 10th legislative day of that
House after the date of the introduction of the bill in that
House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on each
section of a bill under this section shall not exceed one hour
and debate on such bill shall not exceed 4 hours, in each case
with such time being divided equally between those favoring and
those opposing the section or final passage of the bill. A
motion further to limit debate shall not be debatable. It shall
not be in order to move to recommit a bill under this section
or to move to reconsider the vote by which the bill is agreed
to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(C) shall be referred to the appropriate
committee. The committee shall report the bill without
substantive revision and with or without recommendation. The
bill shall be reported not later than the seventh legislative
day of the Senate after it receives the bill. A committee
failing to report the bill within such period shall be
automatically discharged from consideration of the bill, and
the bill shall be placed upon the appropriate calendar.
``(B) A separate vote on each section and on final passage
of a bill transmitted to the Senate shall be taken on or before
the close of the 10th legislative day of the Senate after the
date on which the bill is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
shall not exceed 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the section of a bill transmitted with
that special message rescinding the amount proposed to be
rescinded; or
``(2) the day after the date upon which the Senate rejects
the relevant section of a bill that makes rescissions to carry
out the applicable special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''. | Stimulating Leadership in Cutting Expenditures Act of 2005 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to transmit to Congress, by specified dates, a special message proposing to rescind amounts of budget authority provided in: (1) the Transportation Equity Act: A Legacy for Users (P.L. 109-59); or (2) an appropriation Act enacted before January 1, 2006, in order to offset amounts appropriated or expected to be appropriated in connection with natural disasters occurring during calendar year 2005.
Prescribes procedures for expedited consideration of such proposed rescissions. | {"src": "billsum_train", "title": "To facilitate Presidential leadership and Congressional accountability regarding reduction of other spending to offset costs of responding to recent natural disasters."} | 3,106 | 142 | 0.506521 | 1.486383 | 0.651379 | 4.585586 | 25.27027 | 0.963964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Workforce Enhancement Act
of 2008''.
SEC. 2. HOSPITAL RESIDENCY LOAN PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
is amended by adding at the end the following new section:
``SEC. 771. HOSPITAL RESIDENCY LOAN PROGRAM.
``(a) Establishment.--Not later than October 1, 2010, the
Secretary, acting through the Administrator of the Health Resources and
Services Administration, shall establish a hospital residency loan
program that provides loans to eligible hospitals to establish a
residency training program.
``(b) Application.--No loan may be provided under this section to
an eligible hospital except pursuant to an application that is
submitted and approved in a time, manner, and form specified by the
Administrator of the Health Resources and Services Administration. A
loan under this section shall be on such terms and conditions and meet
such requirements as the Administrator determines appropriate, in
accordance with the provisions of this section.
``(c) Eligibility; Preference for Rural Areas.--
``(1) Eligible hospital defined.--For purposes of this
section, an `eligible hospital' means, with respect to a loan
under this section, a public or non-profit hospital that, as of
the date of the submission of an application under subsection
(b), meets, to the satisfaction of the Administrator of the
Health Resources and Services Administration, each of the
following criteria:
``(A) The hospital does not operate a residency
training program and has not previously operated such a
program.
``(B) The hospital has secured initial
accreditation by the American Council for Graduate
Medical Education or the American Osteopathic
Association.
``(C) The hospital provides assurances to the
satisfaction of the Administrator of the Health
Resources and Services Administration that such loan
shall be used, consistent with subsection (d), only for
the purposes of establishing and conducting an
allopathic or osteopathic physician residency training
program in at least one of the following, or a
combination of the following:
``(i) Family medicine.
``(ii) Internal medicine.
``(iii) Obstetrics or gynecology.
``(iv) Behavioral or Mental health.
``(v) Pediatrics.
``(D) The hospital enters into an agreement with
the Administrator that certifies the hospital will
provide for the repayment of the loan in accordance
with subsection (e).
``(2) Preference for rural areas.--In making loans under
this section, the Administrator of the Health Resources and
Services Administration shall create guidelines that give
preference to rural areas (as such term is defined in section
1886(d)(2)(D) of the Social Security Act).
``(d) Permissible Uses of Loan Funds.--A loan provided under this
section shall be used, with respect to a residency training program,
only for costs directly attributable to the residency training program,
except as otherwise provided by the Administrator of the Health
Resources and Services Administration.
``(e) Repayment of Loans.--
``(1) Repayment plans.--For purposes of subsection
(c)(1)(D), a repayment plan for an eligible hospital is in
accordance with this subsection if it provides for the
repayment of the loan amount in installments, in accordance
with a schedule that is agreed to by the Administrator of the
Health Resources and Services Administration and the hospital
and that is in accordance with paragraphs (2), (3), and (4).
``(2) Commencement of repayment.--Repayment by an eligible
hospital of a loan under this section shall commence not later
than the date that is 18 months after the date on which the
loan amount is disbursed to such hospital.
``(3) Repayment period.--A loan made under this section
shall be fully repaid not later than the date that is 24 months
after the date on which the repayment is required to commence.
``(4) Loan payable in full if residency training program
canceled.--In the case that an eligible hospital borrows a loan
under this section, with respect to a residency training
program, and terminates such program before the date on which
such loan has been fully repaid in accordance with a plan under
paragraph (1), such loan shall be payable by the hospital not
later than 45 days after the date of such termination.
``(f) No Interest Charged.--The Administrator of the Health
Resources and Services Administration may not charge or collect
interest on any loan made under this section.
``(g) Limitation on Total Amount of Loan.--The cumulative annual
dollar amount of a loan made to an eligible hospital under this section
may not exceed $250,000.
``(h) Penalties.--The Administrator of the Health Resources and
Services Administration shall establish penalties to which an eligible
hospital receiving a loan under this section would be subject if such
hospital is in violation of any of the criteria described in subsection
(c)(1). Such penalties shall include the charge or collection of
interest, at a rate to be determined by the Administrator of the Health
Resources and Services Administration. Except as otherwise provided,
penalties collected under this subsection shall be paid to the
Administrator of the Health Resources and Services Administration and
shall, subject to appropriation Acts, be available until expended for
the purpose of enforcing the provisions of this section.
``(i) Reports.--Not later than January 1, 2012, and annually
thereafter (before January 2, 2014), the Administrator of the Health
Resources and Services Administration shall submit to Congress a report
on the efficacy of the program under this section in increasing the
number of residents practicing in each medical specialty described in
subsection (c)(1)(C) during such year and the extent to which the
program resulted in an increase in the number of available
practitioners in each of such medical specialties that serve medically
underserved populations.
``(j) Funding.--
``(1) Authorization of appropriations.--For the purpose of
providing amounts for loans under this section, there are
authorized to be appropriated such sums as may be necessary to
provide--
``(A) $8,000,000 in loans for fiscal year 2010;
``(B) $8,400,000 in loans for fiscal year 2011;
``(C) $8,820,000 in loans for fiscal year 2012;
``(D) $9,261,000 in loans for fiscal year 2013; and
``(E) $9,724,050 in loans for fiscal year 2014.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.
``(k) Termination of Program.--No loan may be made under this
section after December 31, 2013.''.
Passed the House of Representatives September 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Physician Workforce Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a hospital residency loan program that provides loans to eligible public or nonprofit hospitals to establish a residency training program. Requires that such program be an allopathic or osteopathic physician residency training program in the fields of family medicine, internal medicine, obstetrics or gynecology, behavioral or mental health, or pediatrics. Requires the Administrator to give preference to hospitals in a rural area.
Sets forth terms for repayment of loans under this Act. Prohibits the Administrator from charging or collecting interest on such loans.
Requires the Administrator to establish penalties for hospitals that violate provisions of this Act.
Sets forth reporting requirements.
Authorizes appropriations for FY2010-2014.
Prohibits any loan from being made under this Act after December 31, 2013. | {"src": "billsum_train", "title": "To amend title VII of the Public Health Service Act to establish a loan program for eligible hospitals to establish residency training programs."} | 1,512 | 215 | 0.653596 | 1.799575 | 1.04663 | 2.732955 | 7.977273 | 0.857955 |
SECTION 1. LEVY PERMITTED ONLY AFTER APPROVAL OF PRIVATE, VOLUNTEER
PANEL OF ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, AND
ENROLLED AGENTS.
(a) In General.--Section 6331 of the Internal Revenue Code of 1986
(relating to levy and distraint) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new subsection:
``(i) Requirement of Approval by Private Panel Before Levy.--
``(1) In general.--Levy may be made under subsection (a)
upon the salary or wages or other property of any person with
respect to any unpaid tax only after such levy is approved by
the levy review panel for the internal revenue district in
which such levy is to be made.
``(2) Scope of review.--A levy review panel shall approve a
levy unless a majority of the members of the panel determine
that--
``(A) other means of collecting the unpaid tax
(including installment agreements under section 6159)
are more appropriate than the levy, or
``(B) the Internal Revenue Service has not complied
with the requirements of this title or the regulations
thereunder relating to levies.
``(3) Levy review panel.--
``(A) In general.--Each levy review panel shall
consist of 3 individuals--
``(i) each of whom is an attorney with an
expertise in Federal taxation, a certified
public accountant, or an enrolled agent,
``(ii) at least one of whom is such an
attorney, and
``(iii) at least one of whom is a certified
public accountant.
``(B) Appointment of members.--
``(i) In general.--The members of the levy
review panel for an internal revenue district
for any period shall be jointly selected by the
Internal Revenue Service district director for
such district and the appropriate appointing
authority from among a pool of attorneys,
certified public accountants, and enrolled
agents who have been selected jointly by such
director and the appropriate appointing
authorities.
``(ii) Appropriate appointing authority.--
For purposes of clause (i), the appropriate
appointing authority is--
``(I) in the case of attorneys, the
head of the State bar association for
the State in which the panel will sit,
``(II) in the case of certified
public accountants, the President and
Executive Director (jointly) of the
Society of Certified Public Accountants
for such State, and
``(III) in the case of enrolled
agents, the President of the affiliate
of the National Association of Enrolled
Agents for such State.
``(C) Panel for each district.--A levy review panel
shall be appointed for each internal revenue district.
``(D) Meetings.--The levy review panel for any
internal revenue district shall meet at such times as
are specified by the Internal Revenue Service district
director for such district.
``(E) Members to serve without compensation.--
Members of levy review panels shall serve without
compensation and shall not be reimbursed for any
expense associated with service on any levy review
panel.
``(4) Protection against conflicts of interest.--Members of
any levy review panel shall be treated as special government
employees (as defined in section 202 of title 18, United States
Code). The preceding sentence shall not apply for purposes of
section 207 of such title.
``(5) Claims.--
``(A) In general.--Members of a levy review panel
shall have no personal liability under Federal law with
respect to any claim arising out of or resulting from
an act or omission by such member within the scope of
service as a member. The preceding sentence shall not
be construed to limit personal liability for criminal
acts or omissions, willful or malicious conduct, acts
or omissions for private gain, or any other act or
omission outside the scope of the service of such
member on the levy review panel.
``(B) Effect on other law.--This paragraph shall
not be construed--
``(i) to affect any other immunities and
protections that may be available to such
member under applicable law with respect to
service on a levy review panel,
``(ii) to affect any other right or remedy
against the United States under applicable law,
or
``(iii) to limit or alter in any way the
immunities that are available under applicable
law for Federal officers and employees.
``(6) Jeopardy.--Paragraph (1) shall not apply to a levy if
the Secretary has made a finding under the last sentence of
subsection (a) that the collection of tax is in jeopardy.
``(7) Protection of return information.--Nothing in this
subsection shall be construed to permit the disclosure of
returns or return information (as defined in section 6103).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to levies issued after the date which is 6 months after the date
of the enactment of this Act. | Amends the Internal Revenue Code to authorize a levy on wages or property for failure to pay taxes only if the levy is approved by the appropriate internal revenue district's levy review panel. Exempts a levy from such review if there is a finding that the collection of the tax is in jeopardy.
Directs a levy review panel to approve a levy unless a majority of panel members determine that: (1) other means of collecting the unpaid taxes are more appropriate; or (2) the Internal Revenue Service has not complied with applicable levy requirements.
Provides for the appointment, for each internal revenue district, of an unpaid three-person levy review panel consisting of at least one attorney with an expertise in Federal taxation and one certified public accountant. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that property may be seized for the collection of taxes only with the approval of a private, volunteer panel of attorneys, certified public accountants, and enrolled agents."} | 1,205 | 181 | 0.624902 | 1.639971 | 0.824711 | 2.664384 | 7.123288 | 0.883562 |
SECTION 1. FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD.
(a) Findings.--Congress finds the following:
(1) There is a need for objective and neutral Federal
Government accounting standards. To be objective and neutral,
standards must ensure that the resulting information is a
faithful representation of the effects of Federal Government
activities. Objective and neutral mean free from bias, without
placing any particular interest above the interest of
individuals who rely on the information in financial reports of
the Federal Government.
(2) Accounting standards are essential to the efficient
functioning of the Federal Government and the economy, as
decisions about the allocation of resources rely heavily on
credible, concise, and understandable financial information.
Financial information about the operations and financial
position of the Federal Government is used by citizens,
Congress, executives, and program managers.
(3) The Joint Financial Management Improvement Program,
established by the General Accounting Office, the Department of
Treasury, and Office of Management and Budget, conducts a
continuous program for improving accounting and financial
reporting in the Federal Government.
(4) The Comptroller General, the Secretary of the Treasury,
and the Director of the Office of Management and Budget have
established an advisory board in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), to consider and
recommend accounting concepts and standards for the Federal
Government.
(b) Purpose.--The purpose of this Act is to affirm the Memorandum
of Understanding Among the General Accounting Office, the Department of
the Treasury, and the Office of Management and Budget on Federal
Government Accounting Standards and a Federal Accounting Standards
Advisory Board dated January 11, 2002, effective June 30, 2002.
(c) Establishment of Board.--There is hereby established the
Federal Accounting Standards Advisory Board (hereinafter in this Act
referred to as the ``Board''). The Board shall work under the general
oversight of the Comptroller General, the Secretary of the Treasury,
and the Director of the Office of Management and Budget (hereinafter in
this Act referred to as the ``Principals'').
(d) Meetings; Procedures.--The Board shall--
(1) meet as necessary and at the request of one of the
Principals; and
(2) establish detailed working procedures for the Board.
(e) Composition.--(1) The Board shall be comprised of nine members
as follows:
(A) One member who is a representative of the General
Accounting Office appointed by the Comptroller General.
(B) One member who is a representative of the Office of
Management and Budget appointed by the Director of the Office
of Management and Budget.
(C) One member who is a representative of the Department of
the Treasury appointed by the Secretary of the Treasury.
(D) Six members appointed jointly by the Comptroller
General, the Director, and the Secretary, who are--
(i) representatives of the financial community, the
accounting and auditing community, and the academic
community; and
(ii) not representatives of the Federal Government.
(2) In selecting members under paragraph (1)(D), the Principals
shall--
(A) seek nominations from a wide variety of sources;
(B) consider, among other criteria, an individual's--
(i) broad professional background; and
(ii) expertise in Federal Government accounting,
financial reporting, and financial management; and
(C) consider the recommendations of a panel convened by the
chairperson selected under subsection (c).
(f) Terms.--(1) The members appointed under subparagraphs (A)
through (C) of subsection (e)(1) shall serve at the discretion of the
appointing agency head. Members appointed under subsection (e)(1)(D)
shall be appointed for an initial term of not more than five years, and
may be reappointed for one additional term of not more than five years.
(g) Chairperson.--The Principals shall select a chairperson of the
Board from among members appointed under subsection (e)(1)(D).
(h) Consideration of Accounting Concepts and Standards.--(1) The
Board shall consider accounting concepts and standards for the Federal
Government that provide a frame of reference for resolving accounting
issues. In considering accounting concepts and standards, consideration
shall be given to the budgetary information needs of executive agencies
and the needs of users of Federal financial information.
(2) The Board shall not set or propose budget concepts, standards,
or principles.
(i) Process Required.--The Board shall take the following steps in
carrying out the process for considering accounting standards:
(1) Identification of accounting issues and agenda
decisions.
(2) Preliminary deliberations.
(3) Preparation of issues papers or discussion memorandums.
(4) Release of documents to the public, holding public
hearings, and consideration of comments.
(5) Further deliberations, preparation of exposure draft,
and consideration of comments.
(6) General consensus of at least a majority of the Board
members and submission of recommendations to the Principals.
(j) Adoption of Recommendations.--Recommendations of the Board on
proposed accounting concepts or standards shall be made to the
Principals for review. If, within 90 days after submission, any of the
Principals objects to the proposed concept or standard, the concept or
standard shall be returned to the Board for further consideration. If,
within 90 days after submission, none of the Principals objects to the
proposed concept or standard, the concept or standard become final and
shall be published in the Federal Register. Standards set and
promulgated following the Board's rules of procedure shall have
substantial authoritative support, and accounting standards contrary to
such promulgation shall not.
(k) Proposed Interpretations and Technical Releases.--A proposed
Interpretation or Technical Release shall be submitted to the members
of the Board representing the three Principals for review. If, within
45 days after submission, any one of such members objects to the
proposed Interpretation or Technical Release, the proposed
Interpretation or Technical Release shall be returned to the Board for
further consideration. If, within 45 days after submission, none of
such members objects to the proposed Interpretation or Technical
Release, the proposed Interpretation or Technical Release shall become
final. Final Interpretations and Technical Releases shall be published
in the Federal Register.
(l) Staff.--A core group of qualified technical staff shall support
the Board in carrying out its duties and functions. The staff shall
spend its time working on Board matters and, from time to time, may be
augmented with staff assigned from executive departments or agencies or
other organizations.
(m) Task Forces.--The Board may appoint task forces as necessary
to--
(1) advise the Board on accounting matters;
(2) provide expert views; and
(3) recommend solutions to issues or problems in the
accounting standard-setting process.
(n) Transition Provisions.--The terms of members of the Board
serving on the date of the enactment of this Act from the Congressional
Budget Office, international organizations, defense agencies, and
civilian and other Federal agencies shall expire on June 30, 2002. The
terms of any non-Federal members serving on the Board on the date of
the enactment of this Act shall be extended until June 30, 2004, and
such members shall be eligible to serve an additional term of up to
five years to the extent that the total service of the member on the
Board does not exceed 10 years.
(o) Construction.--Nothing in this Act shall be construed as
diminishing the authorities, separately or jointly, of the Principals
to establish and adopt accounting standards for the Federal Government.
(p) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Establishes a Federal Accounting Standards Advisory Board which shall work under the general oversight of the Comptroller General, the Secretary of the Treasury, and the Director of the Office of Management and Budget to consider and recommend accounting concepts and standards for the Government that provide a frame of reference for resolving accounting issues. | {"src": "billsum_train", "title": "To establish the Federal Accounting Standards Advisory Board."} | 1,642 | 69 | 0.595366 | 1.411582 | 0.708719 | 7.912281 | 27.368421 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teen Dating Violence Prevention Act
of 2008''.
SEC. 2. PURPOSES.
The purposes of this Act are to establish Federal grant programs
that prevent and reduce verbal, mental, emotional, physical, and sexual
abuse in youth dating relationships and to improve coordination,
collaboration, and cross-training among Federal, State, and local
agencies and nonprofit entities that serve or interact with offenders
and victims of youth dating violence.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Violence is cyclical; violent juvenile delinquents are
four times more likely than other youths to come from homes in
which their fathers beat their mothers.
(2) Technological advancements can enhance stalking,
verbal, emotional, and social abuse while avoiding parental and
adult intervention in abusive teen dating relationships.
(3) Girls between the ages of 16 and 24 are most likely to
experience domestic and dating violence.
(4) Teen dating violence is prevalent regardless of race,
gender, or socio-economic status.
(5) More than half of all rape victims are assaulted
between the ages of 12 and 24.
(6) Approximately, 1 in 3 teens reports some kind of abuse
in a romantic relationship, including emotional and verbal
abuse.
(7) Nearly 50 percent of all adult sex offenders report
committing their first offense prior to age 18.
(8) Abusive dating partners isolate teens from their
families and tend to intentionally create family discord.
(9) Teens involved in abusive relationships are also more
likely to face legal and drug problems, pregnancy, and other
issues.
(10) Most parents are unaware of teen dating violence and
have not discussed teen dating violence with their children.
SEC. 4. ESTABLISHMENT OF A TEEN DATING VIOLENCE PROGRAM.
(a) Grants.--The Attorney General may award grants to eligible
grant entities for the purposes of--
(1) designing and implementing programs and services
targeting runaway and homeless youth, youth in the foster care
system, or youth in the juvenile justice system who are victims
of domestic or dating violence, sexual assault, or stalking;
(2) designing and implementing violence prevention programs
to provide education, awareness, and counseling to deter
abusive behaviors and traits in youth dating relationships;
(3) assessing and analyzing available services for youth
victims of dating violence, determining barriers to such
services, and developing community-based, collaborative
strategies to address such violence; and
(4) providing preventative, rehabilitative, and other
counseling services to youth victims and youth offenders of
domestic violence, dating violence, sexual assault, or
stalking.
(b) Requirements.--Each recipient of a grant under this Act--
(1) shall use funds provided by such grant to ensure that
program services developed, modified, and provided to youth
victims and youth offenders of domestic violence, dating
violence, sexual assault, or stalking are developed, modified,
and provided with an understanding of and sensitivity to the
linguistic, cultural, social, racial, geographic, and economic
backgrounds of such youth;
(2) shall ensure that victim services organizations,
schools, and families impacted by youth dating violence are
consulted in the development of the program and activities to
be carried out with such grant, and that such organizations,
schools, and families have a significant role in evaluating the
results of the program;
(3) shall develop programs that exhibit collaborative
activities and training models to provide appropriate
resources, protection, and support to youth, and to their
families, as needed;
(4) may include mental health services for youth who have
experienced domestic violence, dating violence, sexual assault,
or stalking;
(5) may include legal assistance and counseling for youth
victims of domestic violence, dating violence, sexual assault,
or stalking; and
(6) shall not use more than 30 percent of the funds
provided by such grant to provide childcare, transportation,
educational support, respite care, and other indirect support
services (excluding the services described in paragraphs (4)
and (5)) to youth victims and youth offenders of domestic
violence, dating violence, sexual assault, or stalking.
(c) Priority.--In awarding grants under this Act, the Attorney
General shall give priority to eligible grant entities that have
submitted applications in partnership with other community
organizations and service providers that work primarily with youth,
especially teens, and eligible grant entities that have demonstrated a
commitment to coalition building and cooperative problem solving in
dealing with problems of dating violence, domestic violence, sexual
assault, and stalking in youth populations.
(d) Grantee Requirements.--For the purpose of this Act, an eligible
grant entity includes--
(1) State, local, or tribal governments or agencies
focusing on at-risk youth;
(2) nonprofit organizations providing services for runaway,
homeless, or foster care youth, or youth in the juvenile
justice system who have been victims of dating violence,
domestic violence, sexual assault, or stalking;
(3) nonprofit, community-based victim services
organizations specializing in intervention or violence
prevention services, youth batterer and offender treatment
programs, teen parenting, or health and sex education services
targeting youth;
(4) faith-based organizations that focus on youth
counseling and crime prevention; and
(5) community-based, nonprofit organizations serving
marginalized and at-risk youth.
(e) Evaluation and Reporting.--Each year for which an entity
receives a grant under this Act, the entity shall submit to the
Attorney General an annual report detailing the activities carried out
with such grant, including any additional information the Attorney
General may require.
SEC. 5. REPORTING.
For each fiscal year for which amounts are appropriated to carry
out this Act, the Attorney General shall submit to the appropriate
Congressional committees and make widely available, including through
electronic means, summaries of the activities carried out by the
entities receiving grants under this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(3) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
(4) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ``victim of domestic violence,
dating violence, sexual assault, or stalking'' includes--
(A) a person who has been a victim of domestic
violence, dating violence, sexual assault, or stalking;
and
(B) a person whose family member or household
member has been a victim of domestic violence, dating
violence, sexual assault, or stalking.
(5) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, dating violence, sexual assault, or stalking, or to
advocates for such victims, including a rape crisis center, an
organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, or an organization providing assistance through the
legal process.
(6) Youth.--The term ``youth'' means any individual age 11
to 25.
(7) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$3,000,000 for each of the fiscal years 2010 through 2015. Not more
than 10 percent of funds appropriated to carry out this Act may be used
for administration, monitoring and evaluation, or technical assistance. | Teen Dating Violence Prevention Act of 2008 - Authorizes the Attorney General to award grants to state, local, or tribal governments, nonprofit organizations, and community and faith-based organizations to provide services and education and counseling programs for runaway and homeless youth or other at-risk youth who are the victims of domestic or dating violence, sexual assault, or stalking. | {"src": "billsum_train", "title": "To reduce and prevent teen dating violence, and for other purposes."} | 1,735 | 75 | 0.605765 | 1.593307 | 1.482408 | 3.884058 | 24.188406 | 0.985507 |
SECTION 1. TITLE AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Reduce Unnecessary
Spending Act of 2010''.
(b) Purpose.--This Act creates an optional fast-track procedure the
President may use when submitting rescission requests, which would lead
to an up-or-down vote by Congress on the President's package of
rescissions, without amendment.
SEC. 2. RESCISSIONS OF FUNDING.
(a) In General.--Part C of the Impoundment Control Act of 1974 is
amended to read as follows:
``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS
``SEC. 1021. APPLICABILITY AND DISCLAIMER.
``The rules, procedures, requirements, and definitions in this part
apply only to executive and legislative actions explicitly taken under
this part. They do not apply to actions taken under part B or to other
executive and legislative actions not taken under this part.
``SEC. 1022. DEFINITIONS.
``As used in this part--
``(1) the terms `appropriation Act', `budget authority',
and `new budget authority' have the same meanings as in section
3 of the Congressional Budget Act of 1974;
``(2) the terms `account', `current year', `CBO', and `OMB'
have the same meanings as in section 250 of the Balanced Budget
and Emergency Deficit Control Act of 1985 as in effect on
September 30, 2002;
``(3) the term `days of session' shall be calculated by
excluding weekends and national holidays; and any day during
which a chamber of Congress is not in session shall not be
counted as a day of session of that chamber; and any day during
which neither chamber is in session shall not be counted as a
day of session of Congress;
``(4) the term `entitlement law' means the statutory
mandate or requirement of the United States to incur a
financial obligation unless that obligation is explicitly
conditioned on the appropriation in subsequent legislation of
sufficient funds for that purpose, and the Supplemental
Nutrition Assistance Program;
``(5) the term `funding' refers to new budget authority and
obligation limits except to the extent that the funding is
provided for entitlement law;
``(6) the term `rescind' means to eliminate or reduce the
amount of enacted funding; and
``(7) the terms `withhold' and `withholding' apply to any
executive action or inaction that precludes the obligation of
funding at a time when it would otherwise have been available
to an agency for obligation; and the term does not include
administrative or preparatory actions undertaken prior to
obligation in the normal course of implementing budget laws.
``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.
``(a) Timing.--Whenever the President proposes that Congress
rescind funding under the procedures in this part, OMB shall transmit a
message to Congress containing the information specified in section
1024, and the message transmitting the proposal shall be sent to
Congress no later than 45 days of session of Congress after the date of
enactment of the funding.
``(b) Packaging and Transmittal of Requested Rescissions.--Except
as provided in subsection (c), for each piece of legislation that
provides funding, the President shall request at most one package of
rescissions and the rescissions in that package shall apply only to
funding contained in that legislation. OMB shall deliver each message
requesting a package of rescissions to the Clerk of the House of
Representatives if the House is not in session and to the Secretary of
the Senate if the Senate is not in session. OMB shall make a copy of
the transmittal message publicly available, and shall publish in the
Federal Register a notice of the message and information on how it can
be obtained.
``(c) Special Packaging Rules.--After enactment of--
``(1) a joint resolution making continuing appropriations;
``(2) a supplemental appropriation bill; or
``(3) an omnibus appropriation bill,
covering some or all of the activities customarily funded in more than
one regular appropriation bill, the President may propose as many as
two packages rescinding funding contained in that legislation, each
within the 45-day period specified in subsection (a). OMB shall not
include the same rescission in both packages, and, if the President
requests the rescission of more than one discrete amount of funding
under the jurisdiction of a single subcommittee, OMB shall include each
of those discrete amounts in the same package.
``SEC. 1024. REQUESTS TO RESCIND FUNDING.
``For each request to rescind funding, the transmittal message
shall specify--
``(1) the dollar amount to be rescinded;
``(2) the agency, bureau, and account from which the
rescission shall occur;
``(3) the program, project, or activity within the account
(if applicable) from which the rescission shall occur;
``(4) the amount of funding, if any, that would remain for
the account, program, project, or activity if the rescission
request is enacted; and
``(5) the reasons the President requests the rescission.
In addition, OMB shall designate each separate rescission request by
number and shall include proposed legislative language to accomplish
the requested rescission. The proposed legislative language shall not
include any changes in existing law other than the rescission of
funding, and shall not include any supplemental appropriations,
transfers, or reprogrammings.
``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.
``(a) Presidential Authority To Withhold Funding.--If the President
proposes a rescission of funding under this part, then notwithstanding
any other provision of law, OMB is hereby authorized, subject to the
time limits of subsection (c), to temporarily withhold that funding
from obligation.
``(b) Expedited Procedures Available Only Once Per Bill.--The
President may not invoke the procedures of this part, or the authority
to withhold funding granted by subsection (a), on more than one
occasion for any Act providing funding.
``(c) Time Limits.--OMB shall make available for obligation any
funding withheld under subsection (a) on the earliest of--
``(1) the day on which the President determines that the
continued withholding or reduction no longer advances the
purpose of legislative consideration of the rescission request;
``(2) starting from the day on which OMB transmitted a
message to Congress requesting the rescission of funding, 25
calendar days in which the House of Representatives has been in
session or 25 calendar days in which the Senate has been in
session, whichever occurs second; or
``(3) the last day after which the obligation of the
funding in question can no longer be fully accomplished in a
prudent manner before its expiration.
``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.
``(a) Preparation of Legislation To Consider a Package of Expedited
Rescission Requests.--When the House of Representatives receives a
package of expedited rescission requests, the Clerk shall prepare a
House bill that only rescinds the amounts requested. The bill shall
read as follows:
```There is hereby enacted the rescissions numbered [insert
number or numbers] as set forth in the Presidential message of
[insert date] transmitted under part C of the Impoundment
Control Act of 1974 as amended.'.
The Clerk shall include in the bill each numbered rescission request
listed in the Presidential package in question, except that the Clerk
shall omit a numbered rescission request if the Chairman of the House
Budget Committee, after consulting with the Senate Budget Committee,
CBO, GAO, and the House and Senate committees that have jurisdiction
over the funding, determines that the numbered rescission does not
refer to funding or includes matter not permitted under a request to
rescind funding.
``(b) Introduction and Referral of Legislation To Enact a Package
of Expedited Rescissions.--The majority leader or the minority leader
of the House of Representatives, or a designee, shall (by request)
introduce each bill prepared under subsection (a) not later than 4 days
of session of the House after its transmittal, or, if no such bill is
introduced within that period, any member of the House may introduce
the required bill in the required form on the fifth or sixth day of
session of the House after its transmittal. When such an expedited
rescission bill is introduced in accordance with the prior sentence, it
shall be referred to the House committee of jurisdiction. A copy of the
introduced House bill shall be transmitted to the Secretary of the
Senate, who shall provide it to the Senate committee of jurisdiction.
``(c) House Report and Consideration of Legislation To Enact a
Package of Expedited Rescissions.--The House committee of jurisdiction
shall report without amendment the bill referred to it under subsection
(b) not more than 5 days of session of the House after the referral.
The Committee may order the bill reported favorably, unfavorably, or
without recommendation. If the Committee has not reported the bill by
the end of the 5-day period, the Committee shall be automatically
discharged from further consideration of the bill and it shall be
placed on the appropriate calendar.
``(d) House Motion To Proceed.--After a bill to enact an expedited
rescission package has been reported or the committee of jurisdiction
has been discharged under subsection (c), it shall be in order to move
to proceed to consider the bill in the House. A Member who wishes to
move to proceed to consideration of the bill must announce that fact,
and the motion to proceed shall be in order only during a time
designated by the Speaker within the legislative schedule for the next
calendar day of legislative session or the one immediately following
it. If the Speaker does not designate such a time, then 3 or more
calendar days of legislative session after the bill has been reported
or discharged, it shall be in order for any Member to move to proceed
to consider the bill. A motion to proceed shall not be in order after
the House has disposed of a prior motion to proceed with respect to
that package of expedited rescissions. The previous question shall be
considered as ordered on the motion to proceed, without intervening
motion. A motion to reconsider the vote by which the motion to proceed
has been disposed of shall not be in order. If 5 calendar days of
legislative session have passed since the bill was reported or
discharged under this subsection and no Member has made a motion to
proceed, the bill shall be removed from the calendar.
``(e) House Consideration.--A bill consisting of a package of
rescissions shall be considered as read. All points of order against
the bill are waived, except that a point of order may be made that one
or more numbered rescissions included in the bill would enact language
containing matter not requested by the President or not permitted under
this Act as part of that package. If the Presiding Officer sustains
such a point of order, the numbered rescission or rescissions that
would enact such language are deemed to be automatically stripped from
the bill and consideration proceeds on the bill as modified. The
previous question shall be considered as ordered on the bill to its
passage without intervening motion, except that 4 hours of debate
equally divided and controlled by a proponent and an opponent are
allowed, as well as one motion to further limit debate on the bill. A
motion to reconsider the vote on passage of the bill shall not be in
order.
``(f) Senate Consideration.--If the House of Representatives
approves a House bill enacting a package of rescissions, that bill as
passed by the House shall be sent to the Senate and referred to the
Senate committee of jurisdiction. That committee shall report without
amendment the bill referred to it under this subsection not later than
3 days of session of the Senate after the referral. The committee may
order the bill reported favorably, unfavorably, or without
recommendation. If the committee has not reported the bill by the end
of the 3-day period, the committee shall be automatically discharged
from further consideration of the bill and it shall be placed on the
appropriate calendar. On the following day and for 3 subsequent
calendar days in which the Senate is in session, it shall be in order
for any Senator to move to proceed to consider the bill in the Senate.
Upon such a motion being made, it shall be deemed to have been agreed
to and the motion to reconsider shall be deemed to have been laid on
the table. Debate on the bill in the Senate under this subsection, and
all debatable motions and appeals in connection therewith, shall not
exceed 10 hours, equally divided and controlled in the usual form.
Debate in the Senate on any debatable motion or appeal in connection
with such a bill shall be limited to not more than 1 hour, to be
equally divided and controlled in the usual form. A motion to further
limit debate on such a bill is not debatable. A motion to amend such a
bill or strike a provision from it is not in order. A motion to
recommit such a bill is not in order.
``(g) Senate Point of Order.--It shall not be in order for the
Senate to employ the procedures in this part while considering a bill
approved by the House enacting a package of rescissions under this part
if any numbered rescission in the bill would enact matter not requested
by the President or not permitted under this Act as part of that
package. If a point of order under this section is sustained,
consideration of the bill shall no longer be governed by subsection
(f); instead, consideration shall be governed by the Standing Rules of
the Senate and any other rules applicable to Senate consideration of
legislation.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by striking the items relating to part C of title 10
and inserting the following new items:
``Part C--Expedited Consideration of Proposed Rescissions
``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Temporary Withholding.--In section 1013(c) of the Impoundment
Control Act of 1974, strike ``section 1012.'' and insert ``section 1012
or section 1025.''
(b) Rulemaking.--Section 904(a) of the Congressional Budget Act of
1974 is amended by striking ``and 1017'' and inserting ``1017, and
1026'' and section 904(d)(1) is amended by striking ``or section 1017''
and inserting ``or section 1017 or 1026''.
SEC. 4. EXPIRATION.
Part C of the Impoundment Control Act of 1974 (as amended by this
Act) shall expire on December 31, 2014.
SEC. 5. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.
Immediately after section 1001 of the Impoundment Control Act of
1974, insert the following:
``SEC. 1002. RESCINDED FUNDS.
``If budget authority is rescinded under part B or funding is
rescinded under part C, the amount so rescinded shall revert to the
fund whence it came (general fund, trust fund, special fund, revolving
fund, and so on as applicable), except to the extent legislation
specifies otherwise.
``SEC. 1003. SEVERABILITY.
``If the judicial branch of the United States finally determines
that one or more of the provisions of parts B or C violate the
Constitution of the United States, the remaining provisions of those
parts shall continue in effect.''. | Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 (ICA) to require the Office of Management and Budget (OMB) to transmit, within 45 days of a congressional session after the enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act.
Prescribes requirements for timing and packaging of rescission requests.
Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission.
Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding.
Sets forth procedures for expedited congressional consideration of proposed rescissions.
States that, if budget authority or funding is rescinded under the ICA, the amount so rescinded shall revert to the fund whence it came (general fund, trust fund, special fund, revolving fund, and so on as applicable), except to the extent legislation specifies otherwise. | {"src": "billsum_train", "title": "To provide an optional fast-track procedure the President may use when submitting rescission requests, and for other purposes."} | 3,806 | 264 | 0.525422 | 1.593549 | 0.793801 | 4.758974 | 16.820513 | 0.94359 |
SECTION 1. NAVAJO RESERVATION BOUNDARY CLARIFICATION.
Subsection (b) of section 11 of the Act of December 22, 1974 (25
U.S.C. 640d-10(b)), is amended--
(1) by striking ``present boundary of the Navajo
Reservation'' and inserting ``trust lands of the Navajo Tribe,
including the bands of the Navajo Tribe, as of January 1,
2015''; and
(2) by striking ``present boundary of the reservation'' and
inserting ``trust lands of the Navajo Tribe, including the
bands of the Navajo Tribe, as of January 1, 2015''.
SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR.
Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10), is
amended by adding at the end the following:
``(j)(1) The Navajo Tribe may--
``(A) deselect not more than 757 acres of the land selected
under this section as of January 1, 2014; and
``(B) reselect, accordance with this section, the same
amount of acres of the land that is deselected under
subparagraph (A).
``(2) Any lands deselected under paragraph (1)(A) that were held in
trust shall be taken out of trust and administered by the Bureau of
Land Management.''.
SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Interior shall submit a report to the Committee on
Natural Resources in the House of Representatives and the Committee on
Indian Affairs in the Senate a report that contains the following:
(1) The dates that the Secretary rendered initial rental
decisions on annual rents owed by the Navajo Tribe to the Hopi
Tribe pursuant to section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)), for each of years 2001 through 2014,
including an explanation for any delay longer than 12 months
after the end of any year during that period.
(2) The current status of all rental determinations for
each of years 2001 through 2014, and, to the extent appeals are
pending, where these appeals are pending, and how long such
appeals have been pending at that locale.
(3) To the extent that rental determinations have been
delayed, the role, if any, in the delay that has been the
result of contracts with the Bureau of Indian Affairs related
to a contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f).
(4) Whether contracts to perform those functions which are
otherwise the obligations of the Bureau of Indian Affairs to
carry out the requirements of section 16(a) of the Act of
December 22, 1974 (25 U.S.C. 640-15(a)), have been funded at
the level necessary to ensure that these functions are properly
performed.
(5) What contract provisions, if any, have been included in
any contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f) between the Bureau of Indian
Affairs and any contractor to ensure that the contractor's
performance of those functions which are otherwise the
obligations of the Bureau of Indian Affairs to carry out the
requirements of section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)), is free from conflicts of interest as
required by part 900.231 through part .236 of title 25, Code of
Federal Regulations.
(6) The total amount that the Navajo Tribe has paid as rent
and interest pursuant to section 16(a) of the Act of December
22, 1974 (25 U.S.C. 640d-15(a)), including the amount of
prejudgment interest paid by the Navajo Tribe and the amount of
post-judgment interest paid by the Navajo Tribe.
(7) A plan to bring initial rental determinations current
through the 2015 year as of April 1, 2016.
(8) A plan to ensure that, beginning on April 1, 2017, all
annual rental determinations are completed and delivered to the
Navajo Tribe and the Hopi Tribe on or before April 1 of each
year.
SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT.
(a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall
have the authority to designate up to 150,000 acres within one or more
of the following, which shall be designated as Navajo Sovereignty
Empowerment Zones:
(1) Lands selected by the Navajo Tribe pursuant to section
11 of the Act of December 22, 1974 (25 U.S.C. 640d-10).
(2) Lands within that portion of the Navajo Reservation
lying west of the Executive Order Reservation of 1882 and
bounded on the north and south by westerly extensions, to the
reservation line, of the northern and southern boundaries of
said Executive Order Reservation (formerly known as the
``Bennett Freeze'' area).
(3) Lands partitioned to the Navajo Tribe pursuant to
sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C.
640d-2 and 640d-3).
(b) Applicability of Certain Laws.--
(1) In general.--Subject to approval by the appropriate
regulatory bodies under Navajo law, such as the Navajo Nation
Environmental Protection Agency, the Navajo Nation Historic
Preservation Department, and the Navajo Nation Department of
Fish and Wildlife, within the Navajo Sovereignty Empowerment
Zones, the Navajo Tribe may choose to waive any or all of the
laws in paragraph (2) with regard to renewable energy
development, housing development, public and community
facilities, infrastructure development (including water and
wastewater development, roads, transmission lines, gas lines,
and rights-of-way), and related economic development.
(2) Law eligible for waiver.--The laws referred to in
paragraph (1) are the following:
(A) The Wilderness Act (16 U.S.C. 1131 et seq.).
(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(E) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(F) The Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.).
(G) The Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.).
(H) Subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(I) The provisions of title 54, United States Code,
derived from the Act of August 25, 1916 (commonly known
as the ``National Park Service Organic Act''), Public
Law 86-523, and Public Law 91-383.
(J) Sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625).
(K) The Arizona Desert Wilderness Act of 1990
(Public Law 101-628).
(L) Division A of subtitle III of title 54, United
States Code.
(3) Grand canyon exception.--Subsection (a) shall not apply
to projects within the rim of the natural formation commonly
referred to as the Grand Canyon.
(c) Transfer of Savings to the Navajo Tribe.--
(1) In general.--Federal agencies responsible for
implementation of the laws listed in subsection (b)(2) shall--
(A) consult in good faith with the Navajo Tribe to
determine the cost that the Federal agency would have
otherwise expended on implementation of the laws or
regulations described in subsection (b) in the Navajo
Empowerment Zones, and this amount shall not be less
than the agency would have otherwise provided for the
operation of programs or portions thereof, without
regard to any organizational level within the agency at
which the program, function, service, or activity or
portion thereof, including supportive administrative
functions and including indirect costs that are
provided in support of the operation of the program,
function, service or activity or portion thereof, is
operated; and
(B) not later the 90 days after the beginning of
each applicable fiscal year, transfer to the Navajo
Tribe the amount of funds identified under subparagraph
(A).
(2) Use of funds.--The Navajo Tribe shall use all monies
that it receives under this subsection to implement tribal law
in the Navajo Sovereignty Empowerment Zones.
(3) Final agency action.--Federal agency decisions made
pursuant to subparagraph (A) shall be final agency action for
the purposes of appeal to the appropriate Federal district
court pursuant to chapter 7 of title 5, United States Code.
(d) Civil Jurisdiction.--
(1) In general.--Notwithstanding any other provision of
law, all individuals and entities operating within a Navajo
Sovereignty Empowerment Zone shall be subject to the full civil
and regulatory jurisdiction of the Navajo Tribe.
(2) Full faith and credit.--Any judgment issued by the
Navajo Tribe consistent with this section shall be accorded
full faith and credit by the court of another State, Indian
tribe, or territory and by Federal district courts.
(e) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes--
(1) the laws and regulations of the Navajo Nation, which
shall remain in full force and effect within the Navajo
Sovereignty Empowerment Zones; or
(2) the treaties or other agreements between the United
States and the Navajo Tribe.
(d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section
waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996
(25 U.S.C. 640d note).
(e) Funding and Grants.--Nothing in this section negates or
diminishes the eligibility of the Navajo Tribe to receive or continue
to receive funding and grants under the Navajo-Hopi Dispute Settlement
Act of 1996 or any other laws of the United States.
SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR
RELOCATION BENEFITS.
The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d
note) is amended by adding at the end the following:
``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.
``(a) In General.--Notwithstanding any other provision of this Act,
the Settlement Agreement, or the Accommodation Agreement, any Navajo
head of household, or the successor thereto if such person is no longer
the head of household, who has entered into an Accommodation Agreement
shall have the following rights:
``(1) To relinquish that Agreement for up to two years
after the effective date of this section.
``(2) After a relinquishment under paragraph (1), to
receive the full relocation benefits to which the Navajo head
of household would otherwise have been entitled had the head of
household not signed the Accommodation Agreement, including
relocation housing, counseling, and other services. In the
event that the Navajo head of household is no longer the head
of household, the successor thereto shall be entitled to
receive the full relocation benefits.
``(b) Timing.--A relinquishment under subsection (a) shall not go
into effect until the Office of Navajo and Hopi Indian Relocation
provides the full relocation benefits to the Navajo head of household,
or successor thereto.''.
SEC. 6. NAVAJO REHABILITATION TRUST FUND.
Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) at the discretion of the Navajo Tribe, to use for
development in the Navajo Sovereignty Empowerment Zones
established pursuant to section 104.'';
(2) in the first sentence of subsection (f), by striking
``and the United States has been reimbursed for funds
appropriated under subsection (f) of this section''; and
(3) in subsection (g)--
(A) in the first sentence, by striking ``1990,
1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ``2015, 2016,
2017, 2018, and 2019.''; and
(B) by striking the second sentence. | This bill revises the area in which land may be transferred to or acquired by the Navajo Tribe to the area within 18 miles of the trust lands of the Navajo Tribe, including the bands of the tribe, as of January 2015. Bureau of Land Management (BLM) lands anywhere within Arizona and New Mexico may be exchanged for lands within 18 miles of those trust lands. The Navajo Tribe may exchange up to 757 acres of resettlement land selected as of January 2014 with the BLM. The Department of the Interior must report on annual rents owed by the Navajo Tribe to the Hopi Tribe for each of the years 2001-2014. The Navajo Tribe may designate up to 150,000 acres within specified lands as Navajo Sovereignty Empowerment Zones. Specified laws do not apply within these zones. Federal agencies responsible for implementing laws that do not apply in these zones must transfer to the Navajo Tribe the funds the agencies would have expended implementing those laws in these zones. This bill amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to allow Navajo heads of household or their successors to relinquish an Accommodation Agreement with the Hopi Tribe regarding their residence on Hopi lands and receive relocation benefits. The Navajo Rehabilitation Trust Fund is extended through FY2019 and revised to allow it to be used for the development of Navajo Sovereignty Empowerment Zones. The Navajo Tribe is no longer required to reimburse appropriations to the fund. | {"src": "billsum_train", "title": "To make technical amendments to the Act of December 22, 1974, relating to lands of the Navajo Tribe, and for other purposes."} | 3,028 | 361 | 0.582616 | 1.766968 | 0.633762 | 2.841509 | 9.683019 | 0.841509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Market Fund Parity Act of
2007''.
SEC. 2. MODERNIZATION OF S.E.C. BROKER-DEALER FINANCING RULES.
(a) Rule Revision Required.--Not later than 90 days after the date
of enactment of this Act, the Securities and Exchange Commission,
pursuant to its authority under section 15(c) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(c)(3)), shall revise Rules 15c3-1,
15c3-3, and 15c2-4 (17 C.F.R. 240.15c3-1, 240.15c3-3, 240.15c2-4) to
provide for the comparable treatment of securities issued by qualified
money market funds with the treatment of other low-risk securities and
deposits under such rules, and the expanded use of securities issued by
qualified money market funds for financing by brokers and dealers.
(b) Required Revisions.--In making the revisions required by
subsection (a), the Commission shall revise the requirements--
(1) under Rule 15c3-1 relating to net capital, by not
requiring, in the computation of net capital (or any other
capital requirement based on value-at-risk or similar financial
models or systems) any deduction for assets of the broker or
dealer invested in redeemable securities issued by one or more
qualified money market funds;
(2) under Rule 15c3-3 relating to custody and use of
customers' securities--
(A) to permit a broker or dealer to use redeemable
securities issued by one or more qualified money market
funds as collateral in complying with any requirement
regarding physical possession or control of fully-paid
or excess margin securities borrowed from any person
under terms no less favorable than the treatment
afforded to any other collateral that the Commission
permits under Rule 15c3-3(b)(3)(iii)(A) (17 C.F.R.
240.15c3-3(b)(3)(iii)(A)) or any successor rule, or by
order; and
(B) to permit a broker or dealer to--
(i) deposit redeemable securities issued by
one or more qualified money market funds in any
required special reserve account under terms no
less favorable than the treatment afforded to
any other qualified security (as such term is
defined in Rule 15c3-3(a)(6) (17 C.F.R.
240.15c3-3(a)(6)) or any successor rule) or by
order; and
(ii) post as collateral or deposit in any
required special reserve account redeemable
securities issued by one or more qualified
money market funds by pledging such securities
through the facilities of a clearing agency
registered under section 17A(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-
1(b)); and
(3) under Rule 15c2-4 in connection with the underwritings
to which Rule 15c2-4(b) applies--
(A) permit a broker or dealer that has obtained
funds through the underwriting or distribution of
securities--
(i) to invest such obtained funds pending
the specified event or contingency in
redeemable securities issued by one or more
qualified money market funds and to deposit
such obtained funds or redeemable securities in
a separate bank account; and
(ii) to transmit such obtained funds to a
bank that has agreed to hold such obtained
funds in escrow; and
(B) permit the bank to which such obtained funds
are transmitted pursuant to subparagraph (A)(ii) to
invest such obtained funds pending the specified event
or contingency in redeemable securities issued by one
or more qualified money market funds; and
(C) for the purposes of subparagraphs (A) and (B),
permit the broker, dealer, or bank to invest, redeem,
pledge, or receive the pledge of such obtained funds or
such redeemable securities through the facilities of a
clearing agency registered under section 17A(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1(b)).
(c) Definition of Qualified Money Market Fund.--For purposes of the
rule revisions required under this Act, the term ``qualified money
market fund'' shall be defined by the Commission in such rule
revisions, but shall include any open-end management company registered
under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-
8)--
(1) which is generally known as a ``money market fund'';
(2) which has received the highest money market fund rating
from a nationally recognized statistical rating organization;
(3) which has agreed to redeem fund shares in cash, with
payment being made no later than the business day following a
redemption request by a shareholder (except in the event of an
unscheduled closing of Federal Reserve Banks or the unscheduled
closing of one or more national securities exchanges registered
under section 6 of this title (15 U.S.C. 78f); and
(4) which has adopted a policy to notify its shareholders
of--
(A) any change in its rating not later than 30 days
after the effective date of such change; and
(B) any change in its policy to redeem fund shares
in cash no later than the business day following a
redemption request by a shareholder as required by
paragraph (3), not less than 60 days prior to such
change taking effect (except in the event of an
unscheduled closing of Federal Reserve Banks or the
unscheduled closing of one or more national securities
exchanges registered under section 6 of this title (15
U.S.C. 78f)). | Money Market Fund Parity Act of 2007 - Directs the Securities and Exchange Commission to revise, according to specified requirements, rules relating to net capital, custody and use of customers' securities, and certain underwritings to provide for: (1) treatment of securities issued by qualified money market funds comparable with the treatment under those rules of other low-risk securities and deposits; and (2) the expanded use of securities issued by qualified money market funds for financing by brokers and dealers. | {"src": "billsum_train", "title": "To direct the Securities and Exchange Commission to revise rules to provide for the comparable treatment and expanded use of qualified money market funds for broker-dealer financing."} | 1,234 | 98 | 0.594446 | 1.591583 | 1.457902 | 4.569892 | 11.741935 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Spending Transparency Act
of 2011''.
SEC. 2. PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE PROVIDERS OF
SERVICES AND SUPPLIERS.
(a) Purpose.--The purpose of this section is to make aggregate
information about providers of services and suppliers under the
Medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) publicly available and to provide a new level of
transparency in such program.
(b) Public Availability.--Section 1128J of the Social Security Act
(42 U.S.C. 1320a-7k) is amended by adding at the end the following new
subsection:
``(f) Public Availability of Certain Medicare Data.--
``(1) In general.--The Secretary shall, to the extent
consistent with applicable information, privacy, security, and
disclosure laws, including the regulations promulgated under
the Health Insurance Portability and Accountability Act of 1996
and section 552a of title 5, United States Code, make available
to the public on the Internet website of the Centers for
Medicare & Medicaid Services the following data with respect to
title XVIII:
``(A) A complete list of the providers of services
and suppliers participating in the program under such
title, including the business address of such providers
of services and suppliers.
``(B) Aggregate information about each such
provider of services and supplier, including--
``(i) the total number of individuals
furnished items or services by the provider of
services or supplier for which payment was made
under such title during the preceding year;
``(ii) the number of unique patient
encounters conducted by the provider of
services or supplier for which payment was made
under such title during the preceding year;
``(iii) the average number of codes billed
under such title by the provider of services of
supplier per patient encounter during the
preceding year;
``(iv) the total amount paid to such
provider of services or supplier under such
title during the preceding year;
``(v) the top 50 billing codes on claims
paid under such title to the provider of
services or supplier during the preceding year,
as determined by volume, including a
description of such codes;
``(vi) the top 50 billing codes on such
claims paid during such year, as determined by
dollar amount, including a description of such
codes; and
``(vii) the top 50 diagnosis and procedure
code pairs on such claims paid during such
year, as determined by volume, including a
description of such codes.
``(2) Implementation.--Not later than 1 year after the date
of enactment of the Medicare Spending Transparency Act of 2011,
the Secretary shall promulgate regulations to carry out this
subsection.''.
SEC. 3. ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY QUALIFIED
INDIVIDUALS AND GROUPS.
(a) Purpose.--The purpose of this section is to allow qualified
individuals and groups access to information on claims and payment data
under the Medicare program for purposes of conducting health research
and detecting fraud under such program.
(b) Access to Medicare Claims and Payment Data by Qualified
Individuals and Groups.--Section 1128J of the Social Security Act (42
U.S.C. 1320a-7k), as amended by section 2, is amended by adding at the
end the following new subsection:
``(g) Access to Medicare Claims and Payment Data by Qualified
Individuals and Groups.--
``(1) In general.--For purposes of conducting health
research and detecting fraud under title XVIII, and to the
extent consistent with applicable information, privacy,
security, and disclosure laws, including the regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 and section 552a of title 5, United
States Code, and subject to any information systems security
requirements under such laws or otherwise required by the
Secretary, a qualified individual or group shall have access to
claims and payment data of the Department of Health and Human
Services and its contractors related to title XVIII.
Notwithstanding any other provision of law, such data shall
include the identity of individual providers of services and
suppliers under such title.
``(2) Definition of qualified individual or group.--
``(A) In general.--In this subsection, the term
`qualified individual or group' means an individual or
entity that the Secretary has determined, in accordance
with subparagraph (B), has relevant experience,
knowledge, and technical expertise in medicine,
statistics, health care billing, practice patterns,
health care fraud detection, and analysis to use data
provided to the individual or the entity under this
subsection in an appropriate, responsible, and ethical
manner and for the purposes described in paragraph (1).
``(B) Procedures.--The Secretary shall establish
procedures for determining, in a timely manner, whether
an individual or entity is a qualified individual or
group.
``(3) Procedures.--The Secretary shall establish procedures
for the storage and use of data provided to a qualified
individual or group under this subsection. Such procedures
shall ensure that, in the case where the qualified individual
or group publishes an analysis of such data (or any analysis
using such data), the qualified individual or group discloses
the following information (in a form and manner, and at a time,
specified by the Secretary):
``(A) The name of the qualified individual or
group.
``(B) The sources of any funding for the qualified
individual or group.
``(C) Any employer or other relevant affiliations
of the qualified individual or group.
``(D) The data analysis methods used by the
qualified individual or group in the analysis
involved.''. | Medicare Spending Transparency Act of 2011 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), consistent with applicable information, privacy, security, and disclosure laws, to make public on the Internet website of the Centers for Medicare and Medicaid Services the following data with respect to SSA title XVIII (Medicare): (1) a complete list of service providers and suppliers participating in the Medicare program, including their business addresses; and (2) certain aggregate information about each provider and supplier.
Entitles a qualified individual or group, for health research and fraud detection purposes, to access to Medicare claims and payment data of both HHS and its contractors. Directs the Secretary to establish procedures for the storage and use of data provided to such an individual or group. | {"src": "billsum_train", "title": "A bill to amend title XI of the Social Security Act to make available to the public aggregate data on providers of services and suppliers under the Medicare program and to allow qualified individuals and groups access to claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud."} | 1,279 | 175 | 0.589491 | 1.603926 | 0.7618 | 4.253165 | 7.5 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Narcotics Control
Corrections Act of 1994''.
SEC. 2. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
(a) Use of Herbicides for Aerial Eradication.--Section 481(d) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(d)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(b) Definitions.--Section 481(e) of that Act (22 U.S.C. 2291(e)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``Except as provided in sections 490(h) and (i) with respect to
the definition of major illicit drug producing country and
major drug-transit country, for'' and inserting ``For'';
(2) by amending paragraph (2) to read as follows:
``(2) the term `major illicit drug producing country' means
a country in which --
``(A) 1,000 hectares or more of illicit opium poppy
is cultivated or harvested during a year;
``(B) 1,000 hectares or more of illicit coca is
cultivated or harvested during a year; or
``(C) 5,000 hectares or more of illicit cannabis is
cultivated or harvested during a year, unless the
President determines that such illicit cannabis
production does not significantly affect the United
States;'';
(3) by striking ``; and'' at the end of paragraph (5);
(4) by redesignating paragraph (6) as paragraph (8); and
(5) by inserting after paragraph (5) the following new
paragraphs:
``(6) the term `precursor chemical' has the same meaning as
the term `listed chemical' has under paragraph (33) of section
102 of the Controlled Substances Act (21 U.S.C. 802(33));
``(7) the term `major money laundering country' means a
country whose financial institutions engage in currency
transactions involving significant amounts of proceeds from
international narcotics trafficking; and''.
(c) Advance Notification of Transfer of Seized Assets.--Section 482
of that Act (22 U.S.C. 2291a) is amended by adding at the end the
following new subsection:
``(e) Advance Notification of Transfer of Seized Assets.--The
President shall notify the appropriate congressional committees at
least 10 days prior to any transfer by the United States Government to
a foreign country for narcotics control purposes of any property or
funds seized by or otherwise forfeited to the United States Government
in connection with narcotics-related activity.''.
(d) Reallocation of Funds Withheld From Countries Which Fail To
Take Adequate Steps To Halt Illicit Drug Production or Trafficking.--
Section 486 of that Act (22 U.S.C. 2291e) is amended--
(1) by striking ``(a) Additional Assistance for Countries
Taking Significant Steps.--'';
(2) by striking ``security assistance'' in the matter
preceding paragraph (1) of subsection (a) and inserting
``assistance under this Act'';
(3) in paragraph (2) of subsection (a)--
(A) in the heading, by striking ``Security'' and
inserting ``Other''; and
(B) by striking ``security''; and
(4) by striking subsection (b).
(e) Prohibition on Assistance to Drug Traffickers.--Section
487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by inserting
``to'' after ``relating''.
(f) Reporting Requirements.--
(1) In general.--Section 489 of that Act (22 U.S.C. 2291h)
is amended--
(A) in the section heading, by striking ``for
fiscal years 1993 and 1994'' and inserting ``for fiscal
year 1995'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``April 1'' and inserting ``March
1''; and
(ii) in paragraph (3)--
(I) by striking subparagraph (B);
and
(II) by redesignating subparagraphs
(C) and (D) as subparagraphs (B) and
(C), respectively;
(C) by striking subsection (c);
(D) by redesignating subsection ``(d)'' as
subsection ``(c)''; and
(E) by amending subsection (c) (as redesignated) to
read as follows:
``(c) Effective Date of Sections.--This section applies only during
fiscal year 1995. Section 489A does not apply during that fiscal
year.''.
(2) Conforming amendment.--Section 489A of that Act (22
U.S.C. 2291i) is amended in the section heading by striking
``1994'' and inserting ``1995''.
(g) Annual Certification Procedures.--
(1) In general.--Section 490 of that Act (22 U.S.C. 2291j)
is amended--
(A) in the section heading, by striking ``for
fiscal years 1993 and 1994'' and inserting ``for fiscal
year 1995'';
(B) in subsection (a)(1), by striking ``(as
determined under subsection (h))'';
(C) in subsection (a)(2), by striking ``April 1''
and inserting ``March 1'';
(D) in subsection (c), by striking ``that such
country has taken adequate steps'' and all that follows
and inserting ``that such country maintains licit
production and stockpiles at levels no higher than
those consistent with licit market demand, and has
taken adequate steps to prevent significant diversion
of its licit cultivation and production into the
illicit markets and to prevent illicit cultivation and
production.'';
(E) in subsection (d), by striking ``45'' and
inserting ``30'';
(F) in subsection (g)--
(i) by striking ``Congressional'' and all
that follows through ``(1) Senate.--'' and
inserting ``Senate Procedures.--''; and
(ii) by striking paragraph (2);
(G) in subsection (h)--
(i) in the heading, by striking ``for
Fiscal Years 1993 and 1994''; and
(ii) by striking ``January 1'' and
inserting ``November 1''; and
(H) by amending subsection (i) to read as follows:
``(i) Effective Date of Sections.--This section applies only during
fiscal year 1995. Section 490A does not apply during that fiscal
year.''.
(2) Conforming amendment.--Section 490A of that Act (22
U.S.C. 2291k) is amended--
(A) in the section heading, by striking ``1994''
and inserting ``1995''; and
(B) in the heading of subsection (g), by striking
``1994'' and inserting ``1995''.
SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Export-Import Bank Act.--Section 2(b)(6)(C)(ii)) of the Export-
Import Bank Act of 1945 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by
striking ``determined under section 490(h) or 481(e), as appropriate,''
and inserting ``defined in section 481(e)''.
(b) Title 18, U.S.C.--Section 981(i)(1)(C) of title 18, United
States Code, is amended by striking ``paragraph (1)(A) of section
481(h)'' and inserting ``section 490(a)(1)''.
(c) Tariff Act of 1930.--Section 616(c)(2)(C) of the Tariff Act of
1930 (19 U.S.C. 1616a(c)(2)(C)) is amended by striking ``481(h)'' and
inserting ``490(b)''.
(d) Controlled Substances Act.--Section 511(e)(1)(E) of the
Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by
striking ``481(h)'' and inserting ``490(b)''.
SEC. 4. REPEAL OF OBSOLETE PROVISIONS.
(a) 1992 International Narcotics Control Act.--The International
Narcotics Control Act of 1992 (Public Law 102-583) is repealed.
(b) 1988 International Narcotics Control Act.--The International
Narcotics Control Act of 1988 (which is title IV of the Anti-Drug Abuse
Act of 1988; Public Law 100-690) is repealed.
(c) 1986 International Narcotics Control Act.--The International
Narcotics Control Act of 1986 (which is title II of the Anti-Drug Abuse
Act of 1986; Public Law 99-570) is repealed except for the title
heading and section 2018.
SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL
YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW
ENFORCEMENT AGENCIES.
(a) Exemption.--For fiscal year 1995, section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect
to--
(1) transfers of excess defense articles under section 517
of that Act (22 U.S.C. 2321k) ;
(2) funds made available for the ``Foreign Military
Financing Program'' under section 23 of the Arms Export Control
Act (22 U.S.C. 2763) that are used for assistance provided for
narcotics-related purposes; or
(3) international military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 and following) that is provided for narcotics-
related purposes.
(b) Notification to Congress.--At least 15 days before any transfer
under subsection (a)(1) or any obligation of funds under subsection
(a)(2) or (a)(3), the President shall notify the appropriate
congressional committees (as defined in section 481(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
procedures applicable to reprogramming notifications under section 634A
of that Act (22 U.S.C. 2394).
(c) Coordination With International Narcotics Control Assistance
Program.--Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.).
SEC. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
ASSISTANCE.
For fiscal year 1995, narcotics-related assistance under part I of
the Foreign Assistance Act of 1961 may be provided notwithstanding any
other provision of law that restricts assistance to foreign countries
(other than section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at
least 15 days before obligating funds for such assistance, the
President notifies the appropriate congressional committees (as defined
in section 481(e) of that Act (22 U.S.C. 2291(e)) in accordance with
the procedures applicable to reprogramming notifications under section
634A of that Act (22 U.S.C. 2394).
SEC. 7. AUTHORITY FOR ANTICRIME ASSISTANCE.
(a) Policy.--International criminal activities, including
international narcotics trafficking, money laundering, smuggling, and
corruption, endanger political and economic stability and democratic
development, and assistance for the prevention and suppression of
international criminal activities should be a priority for the United
States.
(b) Authority.--
(1) In general.--For fiscal year 1995, the President is
authorized to furnish assistance to any country or
international organization, on such terms and conditions as he
may determine, for the prevention and suppression of
international criminal activities.
(2) Waiver of prohibition of police training.--Section 660
of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall
not apply with respect to assistance furnished under paragraph
(1).
SEC. 8. ASSISTANCE TO DRUG TRAFFICKERS.
The President shall take all reasonable steps provided by law to
ensure that the immediate relatives of any individual described in
section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291f(a)), and the business partners of any such individual or of any
entity described in such section, are not permitted entry into the
United States, consistent with the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
Passed the House of Representatives September 19, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | International Narcotics Control Corrections Act of 1994 - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States.
Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities.
Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking.
Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996).
Repeals specified international narcotics control Acts.
Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies.
Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance.
Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies.
Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act.
NATO Participation Act of 1994 - Authorizes the President to establish a program to assist the transition to full North Atlantic Treaty Organization (NATO) membership of Poland, Hungary, the Czech Republic, Slovakia, and other designated Partnership for Peace countries.
Permits the President, in carrying out such program, to provide excess defense articles, international military education and training, and foreign military financing assistance to such countries. | {"src": "billsum_train", "title": "International Narcotics Control Corrections Act of 1994"} | 3,100 | 514 | 0.517188 | 1.657459 | 0.668713 | 2.750577 | 5.743649 | 0.856813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Science Career Education
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a consortium between or among at least 1
local educational agency, at least 1 institution of higher
education, and representatives of the community, including
nonprofit organizations, local or regional employers (including
State agencies) with a documented workforce need in the
computer science sector, workforce investment boards or other
entities providing employment services, regional economic
development organizations, industry associations,
representatives of labor organizations, or central labor
coalitions, where appropriate, and parents and students.
(2) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001); or
(B) a postsecondary vocational institution as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) In General.--From the amounts appropriated to carry out this
section, the Secretary shall award grants, on a competitive basis, to
eligible partnerships to enable such partnerships to develop and
operate a 4- or 6-year computer science career education program.
(b) Application.--
(1) In general.--Each eligible partnership that desires to
receive a grant under this Act shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Content.--Each application submitted under paragraph
(1) shall--
(A) describe the eligible partners and partnership,
the roles and responsibilities of each partner, and a
demonstration of each partner's ability to support the
proposed program;
(B) describe how the eligible partnership will
implement a computer science career education program,
as described in subsection (c);
(C) ensure funding under the grant program is spent
in a coordinated manner with other local resources;
(D) describe the State or local workforce
shortages, as determined by the relevant State agency
in charge of workforce data, in the computer science
sector;
(E) make information, including career guidance and
advisement resources, available about the program;
(F) ensure non-duplication of the partnership's
development of computer science career education
programs;
(G) ensure equitable access to the program; and
(H) demonstrate alignment of the partnership's
computer science career education program to the State
or local computer science sector.
(c) Content of Computer Science Career Education Program.--An
eligible partnership that receives a grant under this Act shall use the
grant funds to develop and operate a 4- or 6-year computer science
career education program that--
(1) includes the development of computer science programs
for both secondary education and postsecondary education that--
(A) are aligned with rigorous computer science
standards for kindergarten through grade 12 computer
science education;
(B) link secondary schools and institutions of
higher education through non-duplicative sequences of
courses in computer science career fields, including
the investigation of opportunities for secondary
students to enroll concurrently in secondary and
postsecondary coursework;
(C) use, if appropriate and available, work-based
or worksite learning in conjunction with business;
(D) use educational technology and distance
learning, as appropriate, to involve all of the
partners in the eligible partnership more fully in the
development and operation of the programs;
(E) stay current with the needs, expectations, and
methods of business; and
(F) create innovative opportunities for students
that lead to student attainment of industry-recognized
credentials;
(2) includes professional development for teachers that--
(A) is designed to prepare teachers to teach the
fundamental concepts of computer science using
effective teaching methods for all students;
(B) provides for joint training for teachers in the
eligible partnership, including between secondary and
postsecondary teachers and core academic teachers and
career and technical education teachers at both the
secondary level and postsecondary level;
(C) is designed to ensure that teachers and
administrators are aware of current career pathways and
the needs and expectations of business and industry;
(D) focuses on training postsecondary and secondary
education faculty in the use of contextual and applied
curricula and instruction; and
(E) if needed, ensures secondary school teachers
are qualified to teach postsecondary courses in the
secondary school according to articulation agreements;
(3) includes career and academic counseling for the
students that--
(A) provides information to students regarding
available computer science career education programs;
(B) supports student progress in completing
computer science career education programs;
(C) provides labor market information on local,
State, regional, and national computer science
employment opportunities, such as occupation demand,
education requirements, and expected compensation; and
(D) tracks student placement in appropriate
employment, or transfer to an institution of higher
education; and
(4) provides equal access to the full range of career
education programs, to individuals who are members of
underrepresented groups and special populations, including the
development of program services appropriate to the needs of
special populations.
(d) Additional Authorized Activities.--An eligible partnership that
receives a grant under this Act may use the grant funds to--
(1) provide for the acquisition of computer equipment,
software, and software licenses to directly develop and support
a computer science program;
(2) acquire technical assistance from State or local
entities that have designed, established, and operated career
education programs that have effectively used educational
technology and distance learning in the delivery of curricula
and services and in the articulation process; and
(3) establish articulation agreements with institutions of
higher education, and cooperative agreements with labor
organizations, or business located inside or outside the State
and served by the eligible partnership, especially with regard
to using distance learning and educational technology to
provide for the delivery of services and programs. | Computer Science Career Education Act of 2014 - Directs the Secretary of Education to award competitive grants to consortia composed of at least one local educational agency, at least one institution of higher education (IHE), and community representatives for the development and operation of four- or six-year computer science career education programs. Requires each program to include the development of computer science programs for both secondary and postsecondary education that: are aligned with rigorous computer science standards for kindergarten through grade 12 computer science education; link secondary schools and IHEs through non-duplicative sequences of courses in computer science career fields; use, if appropriate and available, work-based or worksite learning in conjunction with business; use educational technology and distance learning, as appropriate, to involve all members of the consortium more fully in the development and operation of the programs; stay current with business needs, expectations, and methods; and create innovative opportunities for students that lead to student attainment of industry-recognized credentials. Requires each program to also provide: (1) professional development for teachers, (2) career and academic counseling for students, and (3) equal access to the full range of career education programs to members of underrepresented groups and special populations. | {"src": "billsum_train", "title": "Computer Science Career Education Act of 2014"} | 1,381 | 258 | 0.533875 | 1.54661 | 0.818029 | 4.495763 | 5.788136 | 0.936441 |
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