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SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Heroes' Homeownership
Assistance Act of 2008''.
SEC. 2. QUALIFIED SERVICE MEMBER HOMEBUYER CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:
``SEC. 36. QUALIFIED SERVICE MEMBER HOMEBUYER CREDIT.
``(a) Allowance of Credit.--In the case of a qualified service
member, or such service member's surviving spouse, who purchases a
principal residence, there shall be allowed to the taxpayer a credit
against the tax imposed by this chapter an amount equal to 10 percent
of the purchase price of such residence.
``(b) Limitations.--
``(1) In general.--Except as otherwise provided in this
paragraph, the credit allowed under subsection (a) shall not
exceed $7,500.
``(2) Married individuals filing separately.--In the case
of a married individual filing a separate return, paragraph (1)
shall be applied by substituting `$3,750' for `$7,500'.
``(3) Other individuals.--If two or more individuals who
are not married purchase a principal residence, the amount of
the credit allowed under subsection (a) shall be allocated
among such individuals in such a manner as the Secretary may
prescribe, except that the total amount of the credits allowed
to all such individuals shall not exceed $7,500.
``(4) One-time only.--If an individual receives a credit
under subsection (a) for the purchase of a principal residence,
such individual shall not be allowed a credit under subsection
(a) with respect to the purchase of any other principal
residence. The preceding sentence shall not apply to a
principal residence with respect to which a credit is allowed
under subsection (a) and to which subsection (e)(1) applies.
``(c) Definitions.--
``(1) Qualified service member.--The term `qualified
service member' means a current or former service member who
performs duty in a combat zone between the years 2001 and 2010.
``(2) Service member.--The term `service member' means a
member of the uniformed services (as defined in section
101(a)(5) of title 10, United States Code).
``(3) Combat zone.--The term `combat zone' has the meaning
given such term by section 112(c)(2).
``(4) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(5) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person related to the person acquiring it, and
``(ii) the basis of the property in the
hands of the person acquiring it is not
determined--
``(I) in whole or part by reference
to the adjusted basis of such property
in the hands of the person from whom
acquired it, or
``(II) under section 1014(a)
(relating to property acquired from a
decedent).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer on the date the taxpayer
first occupies the residence.
``(6) Purchase price.--The term `purchase price' means the
adjusted basis of the principal residence on the date such
residence is purchased.
``(7) Related persons.--A person shall be treated as
related to another person if the relationship between such
persons would result in the disallowance of losses under
section 267 or 707(b) (but in applying section 267(b) and (c)
for purposes of this section, paragraph (4) of section 267(c)
shall be treated as providing that the family of an individual
shall include only his spouse, ancestors, and lineal
descendants).
``(d) Exceptions.--No credit under subsection (a) shall be allowed
to any taxpayer for any taxable year with respect to the purchase of a
residence if--
``(1) the residence is financed by the proceeds of a
qualified mortgage issue, the interest on which is exempt from
tax under section 103,
``(2) the taxpayer is a nonresident alien, or
``(3) the taxpayer disposes of such residence (or such
residence ceases to be the principal residence of the taxpayer
(and, if married, the taxpayer's spouse)) before the close of
such taxable year.
``(e) Recapture of Credit.--
``(1) In general.--Except as otherwise provided in this
subsection, if a taxpayer disposes of the principal residence
with respect to which a credit was allowed under subsection (a)
(or such residence ceases to be the principal residence of the
taxpayer) before the end of the recapture period, the taxpayer
shall take into gross income an amount equal to one half the
credit allowed under subsection (a) in the first taxable year
following such disposal or cessation and one half in the second
taxable year following such disposal or cessation.
``(2) Exceptions.--
``(A) Death of taxpayer.--Paragraph (1) shall not
apply to any taxable year ending after the date of the
taxpayer's death.
``(B) Involuntary conversion.--Paragraph (1) shall
not apply in the case of a residence which is
compulsorily or involuntarily converted (within the
meaning of section 1033(a)) if the taxpayer acquires a
new principal residence during the 2-year period
beginning on the date of the disposition or cessation
referred to in paragraph (1). Paragraph (1) shall apply
to such new principal residence during the recapture
period in the same manner as if such new principal
residence were the converted residence.
``(C) Transfers between spouses or incident to
divorce.--In the case of a transfer of a residence to
which section 1041(a) applies--
``(i) paragraph (1) shall not apply to such
transfer, and
``(ii) in the case of taxable years ending
after such transfer, paragraph (1) shall apply
to the transferee in the same manner as if such
transferee were the transferor (and shall not
apply to the transferor).
``(D) Acquisition of new principal residence.--
Paragraph (1) shall not apply if the taxpayer acquires
a new principal residence during the 2-year period
beginning on the date of the disposition. Paragraph (1)
shall apply to such new principal residence during the
recapture period in the same manner as if such new
principal residence were the disposed residence.
``(3) Recapture period.--For purposes of this subsection,
the term `recapture period' means the taxable year following
the taxable year for which a credit is allowed under subsection
(a).
``(4) Joint returns.--In the case of a credit allowed under
subsection (a) with respect to a joint return, half of such
credit shall be treated as having been allowed to each
individual filing such return for purposes of this subsection.
``(f) Application of Section.--This section shall only apply to
principal residences purchased by the taxpayer before January 1,
2011.''.
(b) Conforming Amendments.--
(1) Section 26(b)(2) of such Code is amended by striking
``and'' at the end of subparagraph (U), by striking the period
and inserting ``, and'' at the end of paragraph (V), and by
inserting after subparagraph (V) the following new
subparagraph:
``(W) section 36(e) (relating to recapture of
qualified service member homebuyer credit).''.
(2) Section 6211(b)(4)(A) of such Code is amended by
striking ``34'' and all that follows through ``6428'' and
inserting ``34, 35, 36, 53(e), and 6428''.
(3) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting``, 36'' after ``section 35''.
(4) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by redesignating the item relating to section 36 as
an item relating to section 37 and by inserting before such
item the following new item:
``Sec. 36. Qualified Service Member Homebuyer Credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to principal residences purchased by the taxpayer on or after the
date of enactment of this Act. | American Heroes' Homeownership Assistance Act of 2008 - Amends the Internal Revenue Code to allow current or former members of the Uniformed Services who perform duty in a combat zone between 2001 and 2010, or their surviving spouses, a one-time tax credit for 10% of the purchase price of a principal residence, up to $7,500. Limits such credit to residences purchased before January 1, 2011. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain current and former service members to receive a refundable credit for the purchase of a principal residence."} | 1,963 | 87 | 0.593787 | 1.497429 | 0.593845 | 2.894737 | 23.618421 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Allocation of Highway Funds Act
of 2017''.
SEC. 2. CALCULATION OF AMOUNTS.
Section 104(c)(1)(B) of title 23, United States Code, is amended--
(1) by striking ``The initial amounts'' and inserting the
following:
``(i) General rule.--Except as provided in
clause (ii), the initial amounts''; and
(2) by adding at the end the following:
``(ii) Special rule for fiscal years 2018
through 2020.--
``(I) In general.--Notwithstanding
clause (i), for each of fiscal years
2018, 2019, and 2020, the initial
amounts resulting from the calculation
under subparagraph (A) shall be
adjusted to ensure that each State
receives an aggregate apportionment
equal to at least 95 percent, but not
more than 105 percent, of the sum of--
``(aa) the estimated tax
payments attributable to
highway users in the State paid
into the Highway Trust Fund
(other than the Mass Transit
Account) in the most recent
fiscal year for which data are
available; plus
``(bb) an amount which
bears the same ratio to the
General Fund transfer amount
for the applicable fiscal year
as--
``(AA) the
aggregate of amounts
collected in such State
under the Federal
internal revenue laws
(other than the taxes
and penalties described
in section 9503(b) of
the Internal Revenue
Code of 1986) in the
most recent fiscal year
for which data are
available; bears to
``(BB) the
aggregate of amounts
collected in all States
under such Federal
internal revenue laws
in such fiscal year.
``(II) Total apportionment.--After
the adjustment described in subclause
(I), the amount for each State
determined under this subsection for
each of fiscal years 2018, 2019, and
2020 shall be adjusted by a single
multiplicative factor to ensure that
the total amount apportioned will not
be affected by this clause.
``(III) General fund transfer
amount defined.--In this clause, the
term `General Fund transfer amount'
means, for a fiscal year, the product
obtained by multiplying the amount
identified in section 9503(f)(8)(A) of
the Internal Revenue Code of 1986 by
the proportion that--
``(aa) the amount
authorized for appropriation
under section 1101(a)(1) of the
FAST Act for that fiscal year;
bears to
``(bb) the aggregate amount
authorized for appropriation
under section 1101(a)(1) of the
FAST Act for fiscal years 2018,
2019, and 2020.''. | Fair Allocation of Highway Funds Act of 2017 This bill revises the methodology for apportioning federal highway funds among states for each of FY2018-FY2020. Specifically, the bill adjusts each state's apportionment based not only on certain tax payments attributable to highway users in the state, but also on other federal taxes collected in the state relative to such taxes collected in all states. The bill also caps the apportionment that each state may receive. | {"src": "billsum_train", "title": "Fair Allocation of Highway Funds Act of 2017"} | 587 | 132 | 0.532333 | 1.516985 | 0.644735 | 1.602564 | 7.205128 | 0.679487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abstinence Education Reallocation
Act of 2011''.
SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration, may award grants on a competitive basis to public and
private entities to provide qualified sexual risk avoidance education
to youth and their parents.
(b) Qualified Sexual Risk Avoidance Education.--To qualify for
funding under subsection (a), sexual risk avoidance education shall
meet each of the following:
(1) The education shall be age appropriate.
(2) The education shall be medically accurate.
(3) The education shall be an evidence-based approach.
(4) The education shall have as its sole purpose teaching
of the skills and benefits of sexual abstinence as the optimal
sexual health behavior for youth.
(5) The education shall include, consistent with paragraphs
(1) through (4), teaching of each of the following:
(A) The holistic health, economic, and societal
benefits that can be gained by refraining from
nonmarital sexual activity, through teaching practical
skills that promote self-regulation, goal setting, and
a focus on the future.
(B) The clear advantage of reserving human sexual
activity for marriage, as a key contributing factor in
the prevention of poverty and the preservation of
physical and emotional health, based on social science
research.
(C) The foundational components of a healthy
relationship and related research regarding the
individual, economic, and societal advantages of
bearing children within the context of a committed
marital relationship in order to form healthy marriages
and safe and stable families.
(D) The skills needed to resist the negative
influences of the pervasive sex-saturated culture that
presents teenage sexual activity as an expected norm,
with few risks or negative consequences.
(E) The understanding of how drugs, alcohol, and
the irresponsible use of social media can negatively
influence healthy sexual decision making and can
contribute to aggressive sexual behavior.
(F) A focused priority on the superior health
benefits of sexual abstinence, ensuring that any
information provided on contraception does not
exaggerate its effectiveness in preventing sexually
transmitted diseases and pregnancies.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing programs to
provide qualified sexual risk avoidance education that--
(1) will serve youth spanning ages 12 to 19; and
(2) will promote protective benefits of parent-child
communication regarding healthy sexual decision making.
(d) Definitions.--In this Act:
(1) The term ``age appropriate'' means appropriate for the
general developmental and social maturity of the age group (as
opposed to the cognitive ability to understand a topic or the
atypical development of a small segment of the targeted
population).
(2) The term ``evidence-based approach'' means an approach
that--
(A) has a clear theoretical base that integrates
research findings with practical implementation
expertise that is relevant to the field;
(B) matches the needs and desired outcomes for the
intended audience; and
(C) if implemented well, will demonstrate improved
outcomes for the targeted population.
(3) The term ``medically accurate'' means referenced to
peer-reviewed research by medical, educational, scientific,
governmental, or public health publications, organizations, or
agencies.
(4) The term ``sexual abstinence'' means voluntarily
refraining from sexual activity.
(5) The term ``sexual activity'' means genital contact or
sexual stimulation including, but not limited to, sexual
intercourse.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$110,000,000 for each of fiscal years 2012 through 2016 to
carry out this Act. Amounts authorized to be appropriated by
the preceding sentence shall be derived exclusively from
amounts in the Prevention and Public Health Fund established by
section 4002 of the Patient Protection and Affordable Care Act
(42 U.S.C. 300u-11).
(2) Federal administrative costs.--Of the amount authorized
to be appropriated by paragraph (1) for a fiscal year--
(A) not more than $1,000,000 are authorized to be
used for Federal administrative costs; and
(B) of the amount used by the Secretary for such
costs, at least 40 percent shall be used for training
and technical assistance by qualified experts who--
(i) have singular experience in providing
programmatic support in abstinence education;
(ii) have expertise in theory-based
abstinence education curriculum development and
implementation;
(iii) have experience in developing sexual
risk avoidance evaluation instruments; and
(iv) can offer technical assistance and
training on a wide range of topics relevant to
the sexual risk avoidance (or abstinence
education) field. | Abstinence Education Reallocation Act of 2011 - Authorizes the Administrator of the Health Resources and Services Administration (HRSA) to award grants for qualified sexual risk avoidance education to youth and their parents. Requires such education to meet certain criteria, including: (1) being age-appropriate, medically accurate, and evidence-based; (2) having as its sole purpose the teaching of the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth; and (3) teaching the benefits of refraining from nonmarital sexual activity, the advantage of reserving sexual activity for marriage, and the foundational components of a healthy relationship.
Gives priority to programs that serve youth ages 12 to 19 and that will promote the protective benefits of parent-child communication regarding healthy sexual decisionmaking. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents."} | 1,052 | 170 | 0.656809 | 2.072088 | 0.85767 | 3.543624 | 6.765101 | 0.939597 |
to repeal sections 2, 3, and 6 of
the Neutrality Act of 1939, and for other purposes (Public Law
77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act
of 1939 (related to the arming of United States vessels) and
authorized the President during the national emergency to arm
or permit to arm any United States vessel.
(4) On February 7, 1942, President Franklin D. Roosevelt,
through Executive Order Number 9054, established the War
Shipping Administration that was charged with building or
purchasing, and operating the civilian shipping vessels needed
for the war effort.
(5) During World War II, United States merchant mariners
transported goods and materials through ``contested waters'' to
the various combat theaters.
(6) At the conclusion of World War II, United States
merchant mariners were responsible for transporting several
million members of the United States Armed Forces back to the
United States.
(7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
provided that the Secretary of Defense could determine that
service for the Armed Forces by organized groups of civilians,
or contractors, be considered ``active service'' for benefits
administered by the Veterans Administration.
(8) Department of Defense Directive 1000.20 directed that
the determination be made by the Secretary of the Air Force,
and established the Civilian/Military Service Review Board and
Advisory Panel.
(9) In 1987, three merchant mariners along with the AFL-CIO
sued Edward C. Aldridge, Secretary of the Air Force,
challenging the denial of their application for veterans
status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
1987)), the Court determined that Secretary Aldridge had failed
to ``articulate clear and intelligible criteria for the
administration'' of the application approval process.
(10) During World War II, women were repeatedly denied
issuance of official documentation affirming their merchant
marine seamen status by the War Shipping Administration.
(11) Coast Guard Information Sheet #77 (April 1992)
identifies the following acceptable forms of documentation for
eligibility meeting the requirements set forth in GI Bill
Improvement Act of 1977 (Public Law 95-202) and Veterans
Programs Enhancement Act of 1998 (Public Law 105-368):
(A) Certificate of shipping and discharge forms.
(B) Continuous discharge books (ship's deck or
engine logbooks).
(C) Company letters showing vessel names and dates
of voyages.
(12) Coast Guard Commandant Order of 20 March, 1944,
relieved masters of tugs, towboats, and seagoing barges of the
responsibility of submitting reports of seamen shipped or
discharged on forms, meaning certificates of shipping and
discharge forms are not available to all eligible individuals
seeking to document their eligibility.
(13) Coast Guard Information Sheet #77 (April 1992) states
that ``deck logs were traditionally considered to be the
property of the owners of the ships. After World War II,
however, the deck and engine logbooks of vessels operated by
the War Shipping Administration were turned over to that agency
by the ship owners, and were destroyed during the 1970s'',
meaning that continuous discharge books are not available to
all eligible individuals seeking to document their eligibility.
(14) Coast Guard Information Sheet #77 (April 1992) states
``some World War II period log books do not name ports visited
during the voyage due to wartime security restrictions'',
meaning that company letters showing vessel names and dates of
voyages are not available to all eligible individuals seeking
to document their eligibility.
SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE
SERVICE BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--For the purposes of verifying that an individual
performed service under honorable conditions that satisfies the
requirements of a coastwise merchant seaman who is recognized pursuant
to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95-
202; 38 U.S.C. 106 note) as having performed active duty service for
the purposes described in subsection (c)(1), the Secretary of Homeland
Security shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary shall provide such
recognition on the basis of applicable Social Security
Administration records submitted for or by the individual,
together with validated testimony given by the individual or
the primary next of kin of the individual that the individual
performed such service during the period beginning on December
7, 1941, and ending on December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary shall accept other
official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or other
officers in command of similarly organized groups as agents of
the United States who were authorized to document any
individual for purposes of hiring the individual to perform
service in the merchant marine or discharging an individual
from such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary of Homeland Security pursuant to subsection (a)(2)
shall satisfy all requirements for eligibility of service during the
period beginning on December 7, 1941, and ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (a) shall
be considered as active duty service with respect to providing
burial benefits under chapters 23 and 24 of title 38, United
States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described in
this subsection.
(d) Determination of Coastwise Merchant Seaman.--The Secretary of
Homeland Security shall verify that an individual performed service
under honorable conditions that satisfies the requirements of a
coastwise merchant seaman pursuant to this section without regard to
the sex, age, or disability of the individual during the period in
which the individual served as such a coastwise merchant seaman.
(e) Definition of Primary Next of Kin.--In this section, the term
``primary next of kin'' with respect to an individual seeking
recognition for service under this section means the closest living
relative of the individual who was alive during the period of such
service.
(f) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act. | World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period. | {"src": "billsum_train", "title": "World War II Merchant Mariner Service Act"} | 1,607 | 249 | 0.514369 | 1.675893 | 0.833288 | 3.412037 | 7.138889 | 0.921296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Free Internet Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A single, open, global Internet is a vital tool for
facilitating the free and secure flow of information and
products without regard to distances or national boundaries.
(2) The goal of a single, open, global Internet is best
supported by policies that--
(A) encourage utilization on a global basis of
technology standards set by international standards-
setting organizations, including industry-led and other
voluntary bodies, and selected by the market;
(B) respect the security of information, privacy,
and speech of Internet users;
(C) promote investment in Internet-related
innovation;
(D) refrain from compelling Internet service
providers and other intermediaries to restrict the free
flow of information on the Internet; and
(E) allow trade in Internet-related goods,
services, information, and content.
(3) Certain governments and international bodies are
adopting or considering policies contrary to the goal of a
free, open Internet, including--
(A) mandating unique technology standards favoring
domestic producers as a condition of market access or
pursuing related policies regarding standard-setting
that are discriminatory and subvert the open, global
nature of the Internet;
(B) sponsoring or tolerating the use of Internet-
related tools to gain unauthorized access to public-
sector and private-sector networks in the United States
to disrupt their operation;
(C) blocking, filtering, or otherwise restricting
Internet communications in a manner that discriminates
against Internet-based services and content originating
in other countries;
(D) monitoring Internet use and communications in a
manner that restricts individual privacy and freedom;
and
(E) imposing market access requirements or
liabilities that discriminate against or otherwise
impede Internet-related goods, services and content
from other countries.
(4) Such actions threaten the interests of the United
States by--
(A) facilitating attempts by foreign governments to
restrict or disrupt the free flow of information on the
Internet;
(B) promoting ``national Internets'' in conflict
with the underlying rationale and architecture of the
Internet as originally envisioned and constructed,
thereby compromising the Internet's full functionality
and promise;
(C) harming United States workers and businesses,
undermining a strong United States industrial base, and
putting foreign competitors at an advantage; and
(D) putting at risk the utility of the Internet as
a tool of open communication, assembly, and commerce,
and the individuals who seek to use it for such
purposes.
SEC. 3. TASK FORCE ON THE GLOBAL INTERNET.
(a) Establishment.--
(1) In general.--There is established within the executive
branch a Task Force on the Global Internet (in this Act
referred to as the ``Task Force''), hosted by the Department of
Commerce.
(2) Chairperson.--The President shall select from among the
members of the Task Force under subsection (b)(1) to serve as
Chairperson.
(b) Composition.--The Task Force shall consist of the following:
(1) Four United States persons with substantial expertise
in Internet policy who are not employees or officers of
Federal, State, local, or tribal governments and who--
(A) are nominated by the public through a process
managed by the Department of Commerce that solicits
public recommendations through the Internet and are
appointed by the President, acting through the
President's Council of Advisors on Science and
Technology; and
(B) shall serve on the Task Force for renewable
terms not to exceed 3 years.
(2) The leader of the majority party in the Senate and the
leader of the minority party in the Senate shall each appoint
one United States person with substantial expertise in Internet
policy to serve on the Task Force for renewable terms not to
exceed 3 years.
(3) The Speaker of the House of Representatives and the
leader of the minority party in the House of Representatives
shall each appoint one United States person with substantial
expertise in Internet policy to serve on the Task Force for
renewable terms not to exceed 3 years.
(4) The United States Trade Representative, the Secretary
of Homeland Security, the Assistant Secretary for
Communications and Information of the National
Telecommunications and Information Administration, the Chair of
the Privacy and Civil Liberties Oversight Board, and the heads
of other Federal departments and agencies as determined to be
appropriate by the President, acting through their respective
designees.
(c) Staff of Federal Agencies.--Upon request of the Task Force, the
head of any Federal department or agency or other Federal official
described in subsection (b)(4) may detail, with or without
reimbursement, any of the personnel or services of the relevant Federal
department or agency to the Task Force to assist it in carrying out its
functions.
(d) Functions.--In addition to such other responsibilities the
President may assign, the Task Force shall--
(1) develop and implement strategies in response to foreign
and domestic government policies that--
(A) unjustifiably or unreasonably burden or
restrict international trade in Internet-related goods,
services, and content;
(B) mandate or otherwise preference Internet-
related technology standards and related measures;
(C) impede the free flow of information on the
Internet; or
(D) otherwise threaten the open, global nature of
the Internet, the interests of Internet users and the
United States in Internet-related international trade
and discourse;
(2) consult and share timely information with the Internet
Corporation for Assigned Names and Numbers;
(3) consult and share timely information with civil society
groups with expertise in Internet policy;
(4) coordinate the activity of all Federal departments and
agencies as necessary to implement the strategies developed in
accordance with paragraph (1);
(5) prepare a report and action plan in accordance with
section 4;
(6) hold public hearings and solicit public comment through
the Federal Register and the website for the Task Force as
appropriate; and
(7) appoint a Task Force member, responsible for serving as
a point of contact for correspondence and inquiries related to
the activities of the Task Force.
SEC. 4. REPORT AND ACTION PLAN TO THE PRESIDENT AND CONGRESS.
(a) In General.--Not later than 15 months after the date of the
enactment of this Act, and annually thereafter, the Task Force shall
transmit to the President and the appropriate congressional committees
a report and action plan that--
(1) identifies acts, policies, or practices of the United
States, foreign governments, or international bodies, and
related measures that--
(A) deny fair and equitable market access to or
otherwise unjustifiably or unreasonably burden or
restrict discourse or trade in Internet-related goods,
services, and content;
(B) mandate, give preference to, or promote
Internet-related technology standards that diverge from
widely adopted international standards, or otherwise
lead to the adoption of discriminatory or trade-
restrictive technology standards or conformity
assessment procedures; or
(C) otherwise threaten the interests of the United
States in the technical operation, security, and free
flow of global Internet communications;
(2) estimates the trade-distorting impact or extent of
suppression of free expression of measures identified under
paragraph (1) on United States commerce, the interests of
Internet users, and the functioning of the Internet;
(3) designates which measures identified under paragraph
(1) are priority concerns;
(4) sets forth a strategy and actions to be taken by
Federal departments and agencies in response to measures
identified under paragraph (1); and
(5) provides information with respect to any action taken
(or the reasons if no action is taken) in response to any such
measures identified in prior years' reports, including such
actions as are required under section 5.
(b) Form of Reports.--The reports and action plans required under
subsection (a) may contain a classified annex if the Task Force
determines that such is appropriate.
(c) Coordination and Notice.--In preparing each annual report and
action plan required under subsection (a), the Task Force shall--
(1) seek public participation by--
(A) publishing a notice in the Federal Register
that includes instructions on how the public may submit
comments on the report and plan;
(B) holding at least one public hearing; and
(C) establishing a website for the Task Force that
publishes timely information regarding the Task Force's
activities and provides an opportunity for the public
to submit comments to the Task Force;
(2) consult and coordinate with all relevant executive
branch departments and agencies;
(3) consult and share timely information with civil society
groups with expertise in Internet policy; and
(4) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181(b) of the Trade Act of 1974 (19
U.S.C. 2241(b)) and petitions submitted under section 302 of
such Act (19 U.S.C. 2412).
(d) Publication.--The Task Force shall publish in the Federal
Register the report and action plan transmitted to Congress under
subsection (a), but shall omit information transmitted to Congress
under subsection (b).
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Ways and Means, the Committee on the
Judiciary, and the Committee on Energy and Commerce of the
House of Representatives; and
(2) the Committee on Finance, the Committee on the
Judiciary, and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS.
Not later than 30 days after the transmission of each annual report
and action plan required under section 4, the United States Trade
Representative shall, in accordance with the requirements of sections
301 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414),
initiate an investigation, make any determinations required, and take
any actions specified under such sections with respect to any acts,
policies, or practices of a foreign government or international body
that are identified in each such annual report and action plan as
priority concerns, including restrictions on sale in the United States
of products developed and manufactured in countries implementing such
acts, policies, or practices.
SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND
DEPARTMENT OF JUSTICE.
(a) Review and Investigation.--The Federal Trade Commission and the
Attorney General shall--
(1) review each act, policy, or practice described in
paragraph (1) of section 4(a) that is contained in a report or
an action plan transmitted under such section to Congress; and
(2) investigate whether such act, policy, or practice (or
any related action by a nongovernmental entity) violates the
antitrust laws of the United States.
(b) Definition.--For purposes of this section, the term ``antitrust
laws'' has the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of competition.
SEC. 7. REPORT TO PRESIDENT AND CONGRESS ON INTERNATIONAL TRADE
AGREEMENTS.
(a) Report.--Not later than 2 years after the date of the enactment
of this Act, the Task Force shall submit to the President and the
appropriate congressional committees a report that--
(1) assesses the sufficiency of existing multilateral and
bilateral trade agreements in--
(A) promoting international trade in Internet-
related goods, services, and content;
(B) encouraging the utilization on a global basis
of technology standards set by international standard-
setting organizations;
(C) protecting the security and functioning of the
Internet;
(D) facilitating the free flow of information on
the Internet; and
(E) protecting the interests of Internet users; and
(2) recommends, as appropriate, modifications of existing
agreements or the negotiation of new agreements to advance the
objectives identified in paragraph (1).
(b) Sense of Congress.--It is the sense of Congress that the
negotiating objectives of the United States for future bilateral and
multilateral trade agreements should include the goals specified in
subsection (a)(1).
(c) Form of Reports.--The report required under subsection (a) may
contain a classified annex if the Task Force determines that such is
appropriate.
(d) Coordination and Notice.--In preparing each report required
under subsection (a), the Task Force shall--
(1) seek public participation by--
(A) publishing a notice in the Federal Register
that includes instructions on how the public may submit
comments on the report and plan;
(B) holding at least one public hearing; and
(C) establishing a website for the Task Force that
publishes timely information regarding the Task Force's
activities and provides an opportunity for the public
to submit comments to the Task Force;
(2) consult and coordinate with all relevant Federal
departments and agencies;
(3) consult and share timely information with civil society
groups with expertise in Internet policy; and
(4) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181(b) of the Trade Act of 1974 (19
U.S.C. 2241(b)) and petitions submitted under section 302 of
such Act (19 U.S.C. 2412).
(e) Publication.--The Task Force shall publish in the Federal
Register the report transmitted to Congress under subsection (a), but
shall omit information transmitted to Congress under subsection (c).
(f) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Ways and Means, the Committee on
Energy and Commerce, and the Committee on the Judiciary of the
House of Representatives; and
(2) the Committee on Finance, the Committee on the
Judiciary, and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 8. STANDARDS-RELATED TRAINING.
The Task Force shall coordinate with intergovernmental, national
government, and private sector entities, including the National
Institute of Standards and Technology, the Patent and Trademark Office,
the Trade and Development Agency, the United States Telecommunications
Training Institute, the United States Agency for International
Development, the Federal Trade Commission, and any other appropriate
entities, for the purpose of organizing training of foreign and
domestic government officials and national standard-setting and
conformity assessment bodies with respect to best practices, including
coordination with nongovernmental international and domestic standards
bodies, in accordance with the annual report and action plan required
under section 4.
SEC. 9. OUTSIDE CONSULTATION.
The Task Force shall establish a regularized process to receive and
respond to timely input from businesses, organizations, experts, and
other interested parties regarding the fulfillment of its functions. | Global Free Internet Act of 2015 Establishes a Task Force on the Global Internet to be hosted by the Department of Commerce. Requires the Task Force to develop and implement strategies in response to foreign and domestic government policies that: (1) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (2) mandate or prefer certain Internet-related technology standards; (3) impede the free flow of information on the Internet; or (4) otherwise threaten the open, global nature of the Internet, the interests of Internet users, and the United States in Internet-related international trade and discourse. Directs the Task Force to: (1) coordinate federal agencies' implementation of such strategies, and (2) consult and share timely information with the Internet Corporation for Assigned Names and Numbers and civil society policy groups. Instructs the U.S. Trade Representative to initiate investigations and consider imposing sanctions in accordance with the Trade Act of 1974 for any practices of a foreign government or international body identified as priority concerns. Directs the Federal Trade Commission and the Department of Justice to investigate whether U.S. antitrust laws are violated by identified practices or the related actions of nongovernmental entities. Requires the Task Force to report to Congress and the President regarding the sufficiency of existing multilateral and bilateral trade agreements in advancing a single open, global Internet. Instructs the Task Force to organize training of foreign and domestic government officials and national standard-setting and conformity assessment bodies, including coordination with nongovernmental international and domestic standards bodies. | {"src": "billsum_train", "title": "Global Free Internet Act of 2015"} | 3,224 | 335 | 0.567445 | 1.796383 | 0.800309 | 4.491468 | 10.750853 | 0.935154 |
SECTION 1. CONVEYANCE OF LAND.
(a) Administrator of General Services.--Subject to sections 2 and
4, the Administrator of General Services (hereinafter in this Act
referred to as the ``Administrator'') shall convey, for $12,800,000 to
be paid in accordance with the terms set forth in subsection (d)(2) and
other consideration required by this Act, to the Columbia Hospital for
Women (formerly Columbia Hospital for Women and Lying-in Asylum;
hereinafter in this Act referred to as ``Columbia Hospital''), located
in Washington, District of Columbia, all right, title, and interest of
the United States in and to those pieces or parcels of land in the
District of Columbia, described in subsection (b), together with all
improvements thereon and appurtenances thereto. The purpose of the
conveyance is to provide a site for the construction by Columbia
Hospital of a facility to house the National Women's Health Resource
Center (hereinafter in this Act referred to as the ``Resource
Center''), as described in the Certificate of Need issued for the
Resource Center in conformance with District of Columbia law and in
effect on the date of conveyance.
(b) Property Description.--The land referred to in subsection (a)
was conveyed to the United States of America by deed dated May 2, 1888,
from David Fergusson, widower, recorded in liber 1314, folio 102, of
the land records of the District of Columbia, and is that portion of
square numbered 25 in the city of Washington in the District of
Columbia which was not previously conveyed to such hospital by the Act
of June 28, 1952 (Public Law 82-423). Such property is more
particularly described as square 25, lot 803, or as follows: all that
piece or parcel of land situated and lying in the city of Washington in
the District of Columbia and known as part of square numbered 25, as
laid down and distinguished on the plat or plan of said city as
follows: beginning for the same at the northeast corner of the square
being the corner formed by the intersection of the west line of Twenty-
fourth Street Northwest, with the south line of north M Street
Northwest and running thence south with the line of said Twenty-fourth
Street Northwest for the distance of two hundred and thirty-one feet
ten inches, thence running west and parallel with said M Street
Northwest for the distance of two hundred and thirty feet six inches
and running thence north and parallel with the line of said Twenty-
fourth Street Northwest for the distance of two hundred and thirty-one
feet ten inches to the line of said M Street Northwest and running
thence east with the line of said M Street Northwest to the place of
beginning two hundred and thirty feet and six inches together with all
the improvements, ways, easements, rights, privileges, and
appurtenances to the same belonging or in anywise appertaining.
(c) Date of Conveyance.--
(1) Date.--The date of the conveyance of property required
under subsection (a) shall be the date which is 1 year after
the date of receipt by the Administrator of written
notification from Columbia Hospital that the hospital needs
such property for use as a site to provide housing for the
Resource Center.
(2) Deadline for submission of notification.--A written
notification of need from Columbia Hospital shall not be
effective for purposes of subsection (a) and paragraph (1)
unless the notification is received by the Administrator before
the date which is 1 year after the date of the enactment of
this Act.
(d) Conveyance Terms.--
(1) In general.--The conveyance of property required under
subsection (a) shall be subject to such terms and conditions as
may be determined by the Administrator to be necessary to
safeguard the interests of the United States. Such terms and
conditions shall be consistent with the terms and conditions
set forth in this Act.
(2) Payment of purchase price.--Columbia Hospital shall pay
the $12,800,000 purchase price in full by not later than the
date of conveyance under subsection (c).
(3) Quitclaim deed.--Any conveyance of property to Columbia
Hospital under this Act shall be by quitclaim deed.
(e) Treatment of Amounts Received.--Amounts received by the United
States as payment under this Act shall be paid into, administered, and
expended as part of the fund established by section 210(f) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)).
SEC. 2. LIMITATION ON CONVEYANCE.
No part of any land conveyed under section 1 may be used, during
the 30-year period beginning on the date of conveyance under section
1(c)(1), for any purpose other than to provide a site for a facility to
house the Resource Center and any necessary related appurtenances to
that facility.
SEC. 3. SATELLITE HEALTH CENTERS.
(a) Requirement.--
(1) In general.--Not later than 4 years after the date of
the conveyance under section 1, Columbia Hospital, after
consultation with the District of Columbia Commission of Public
Health and the District of Columbia State Health Planning and
Development Agency, shall establish, maintain, and operate 3
satellite health centers.
(2) Persons to be served.--One of the satellite health
centers shall provide comprehensive health and counseling
services exclusively for teenage women and their children. The
other 2 satellite health centers shall provide comprehensive
health and counseling services for women (including teenage
women) and their children.
(3) Location.--The satellite health centers shall be
located in areas of the District of Columbia in which the
District of Columbia Department of Public Health has determined
that the need for comprehensive health and counseling services
provided by the centers is the greatest. In locating such
centers, special consideration shall be given to the areas of
the District with the highest rates of infant death and births
by teenagers.
(b) Comprehensive Health and Counseling Services.--In subsection
(a), comprehensive health and counseling services include--
(1) examination of women;
(2) medical treatment and counseling of women, including
prenatal and postnatal services;
(3) treatment and counseling of substance abusers and those
who are at risk of substance abuse;
(4) health promotion and disease prevention services;
(5) physician and hospital referral services; and
(6) extended and flexible hours of service.
(c) Required Consideration.--The establishment, operation, and
maintenance of satellite health centers by Columbia Hospital in
accordance with this section shall be part of the consideration
required by this Act for the conveyance under section 1.
SEC. 4. REVERSIONARY INTEREST.
(a) In General.--The property conveyed under section 1 shall revert
to the United States--
(1) on the date which is 4 years after the date of such
conveyance if Columbia Hospital is not operating the Resource
Center on such property; and
(2) on any date in the 30-year period beginning on the date
of such conveyance, on which the property is used for a purpose
other than that referred to in section 2.
(b) Repayment.--If property reverts to the United States under
subsection (a), the Administrator shall pay to Columbia Hospital, from
amounts otherwise appropriated from the fund established by section
210(f) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 490(f)), an amount equal to all sums received by the United
States as payments for the conveyance under section 1, without interest
on such amount.
(c) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(d) Inventory of Public Buildings Service.--Property that reverts
to the United States under this section--
(1) shall be under the control of the General Services
Administration; and
(2) shall be assigned by the Administrator to the inventory
of the Public Buildings Service.
SEC. 5. DAMAGES.
(a) Damages.--Subject to subsection (b), for each year in the 26-
year period beginning on the date which is 4 years after the date of
conveyance under section 1(c)(1), in which Columbia Hospital does not
operate 3 satellite health centers in accordance with section 3 for a
period of more than 60 days, the Columbia Hospital shall be liable to
the United States for damages in an amount equal to $200,000, except
that this subsection shall not apply after the date of any reversion of
property under section 4.
(b) Limitation in Damages.--The maximum amount of damages for which
Columbia Hospital may be liable under this section shall be $3,000,000.
(c) Adjustments for Inflation.--The amount of damages specified in
subsection (a) and the maximum amount of damages specified in
subsection (b) shall be adjusted biennially to reflect changes in the
consumer price index that have occurred since the date of the enactment
of this Act.
(d) Assessment and Waiver.--For any failure by Columbia hospital to
operate a satellite health center in accordance with section 3, the
Administrator may--
(1) seek to recover damages under this section; or
(2) waive all or any part of damages recoverable under this
section for that failure, if the Administrator--
(A) determines the failure is caused by exceptional
circumstances; and
(B) submits a statement to the District of Columbia
Commission of Public Health and the Congress, that sets
forth the reasons for the determination.
(e) Conveyance Documents.--The Administrator shall include in the
documents for any conveyance under this Act appropriate provisions to--
(1) ensure that payment of damages under this section is a
contractual obligation of Columbia Hospital; and
(2) require the Administrator to provide to Columbia
Hospital notice and an opportunity to respond before the
Administrator seeks to recover such damages.
SEC. 6. REPORTS.
During the 5-year period beginning one year after the date of the
conveyance under section 1, Columbia Hospital shall submit to the
Administrator, the appropriate committees of the Congress, and the
Comptroller General of the United States annual reports on the
establishment, maintenance, and operation of the Resource Center and
the satellite health centers. | Directs the Administrator of General Services to convey specified lands in the District of Columbia to the Columbia Hospital for Women for the construction of a National Women's Health Resource Center.
Directs the Hospital to establish and operate three satellite health centers to provide health and counseling services for women, including teenage women, and their children.
Provides for reversion to the United States if the land conveyed is not used for the Center. Provides damages to be paid by the Hospital for each year in which it fails to operate the satellite health centers, with a waiver in exceptional circumstances. Directs the Hospital to report annually for five years on the establishment, maintenance, and operation of the Center and the satellite health centers. | {"src": "billsum_train", "title": "A Bill to authorize the conveyance to the Columbia Hospital for Women of certain parcels of land in the District of Columbia, and for other purposes."} | 2,194 | 149 | 0.420945 | 1.312834 | 0.555408 | 2.818841 | 14.992754 | 0.891304 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Title of
America COMPETES Reauthorization Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENERGY TITLE OF AMERICA COMPETES PROGRAMS
Sec. 101. Basic research.
Sec. 102. Advanced Research Projects Agency-Energy.
TITLE II--ELIMINATION AND CONSOLIDATION OF PROGRAMS
Sec. 201. Elimination of program authorities.
Sec. 202. Repeal of authorizations.
Sec. 203. Consolidation of duplicative program authorities.
TITLE I--ENERGY TITLE OF AMERICA COMPETES PROGRAMS
SEC. 101. BASIC RESEARCH.
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) $5,271,000,000 for fiscal year 2016;
``(9) $5,485,000,000 for fiscal year 2017;
``(10) $5,704,000,000 for fiscal year 2018;
``(11) $5,932,000,000 for fiscal year 2019; and
``(12) $6,178,000,000 for fiscal year 2020.''.
SEC. 102. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
amended--
(1) in subsection (a)(3), by striking ``subsection (n)(1)''
and inserting ``subsection (o)(1)'';
(2) in subsection (i), by striking paragraph (1) and
inserting the following:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated
with, and do not duplicate the efforts of, programs and
laboratories within the Department and other relevant
research agencies; and
``(B) ARPA-E does not provide funding for a project
unless the prospective grantee demonstrates sufficient
attempts to secure private financing or indicates that
the project is not independently commercially
viable.'';
(3) by redesignating subsection (n) as subsection (o);
(4) by inserting after subsection (m) the following:
``(n) Protection of Information.--The following types of
information collected by the ARPA-E from recipients of financial
assistance awards shall be considered privileged and confidential and
not subject to disclosure under section 552 of title 5, United States
Code:
``(1) Plans for commercialization of technologies developed
under the award, including business plans, technology-to-market
plans, market studies, and cost and performance models.
``(2) Investments provided to an awardee from third parties
(such as venture capital firms, hedge funds, and private equity
firms), including amounts and the percentage of ownership of
the awardee provided in return for the investments.
``(3) Additional financial support that the awardee--
``(A) plans to or has invested into the technology
developed under the award; or
``(B) is seeking from third parties.
``(4) Revenue from the licensing or sale of new products or
services resulting from research conducted under the award.'';
and
(5) in subsection (o) (as redesignated by paragraph (3))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``paragraphs (4) and (5)'' and
inserting ``paragraph (4)'';
(ii) in subparagraph (D), by striking
``and'' at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(F) $291,200,000 for fiscal year 2016;
``(G) $303,600,000 for fiscal year 2017;
``(H) $314,700,000 for fiscal year 2018;
``(I) $327,300,000 for fiscal year 2019; and
``(J) $340,600,000 for fiscal year 2020 .''; and
(B) in paragraph (4)(B), by striking ``(c)(2)(D)''
and inserting ``(c)(2)(C)''.
TITLE II--ELIMINATION AND CONSOLIDATION OF PROGRAMS
SEC. 201. ELIMINATION OF PROGRAM AUTHORITIES.
(a) Nuclear Science Talent Expansion Program for Institutions of
Higher Education.--Section 5004 of the America COMPETES Act (42 U.S.C.
16532) is repealed.
(b) Hydrocarbon Systems Science Talent Expansion Program for
Institutions of Higher Education.--
(1) In general.--Section 5005(e) of the America COMPETES
Act (42 U.S.C. 16533(e)) is repealed.
(2) Conforming amendments.--
(A) Section 5005(f) of the America COMPETES Act (42
U.S.C. 16533(f)) is amended--
(i) by striking paragraph (2);
(ii) by striking the subsection designation
and heading and all that follows through
``There are'' in paragraph (1) and inserting
the following:
``(f) Authorization of Appropriations.--There are''; and
(iii) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively, and indenting appropriately.
(B) Section 5005 of the America COMPETES Act (42
U.S.C. 16533) is amended by redesignating subsection
(f) as subsection (e).
(c) Discovery Science and Engineering Innovation Institutes.--
Section 5008 of the America COMPETES Act (42 U.S.C. 16535) is repealed.
(d) Elimination of Duplicative Authority for Education Programs.--
Sections 3181 and 3185 of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381l, 42 U.S.C. 7381n) are repealed.
(e) Mentoring Program.--Section 3195 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381r) is repealed.
SEC. 202. REPEAL OF AUTHORIZATIONS.
(a) Department of Energy Early Career Awards for Science,
Engineering, and Mathematics Researchers.--Section 5006 of the America
COMPETES Act (42 U.S.C. 16534) is amended by striking subsection (h).
(b) Distinguished Scientist Program.--Section 5011 of the America
COMPETES Act (42 U.S.C. 16537) is amended by striking subsection (j).
(c) Protecting America's Competitive Edge (PACE) Graduate
Fellowship Program.--Section 5009 of the America COMPETES Act (42
U.S.C. 16536) is amended by striking subsection (f).
SEC. 203. CONSOLIDATION OF DUPLICATIVE PROGRAM AUTHORITIES.
(a) University Nuclear Science and Engineering Support.--Section
954 of the Energy Policy Act of 2005 (42 U.S.C. 16274) is amended--
(1) in subsection (a), by inserting ``nuclear chemistry,''
after ``nuclear engineering,''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) award grants, not to exceed 5 years in duration, to
institutions of higher education with existing academic degree
programs in nuclear sciences and related fields--
``(A) to increase the number of graduates in
nuclear science and related fields;
``(B) to enhance the teaching and research of
advanced nuclear technologies;
``(C) to undertake collaboration with industry and
National Laboratories; and
``(D) to bolster or sustain nuclear infrastructure
and research facilities of institutions of higher
education, such as research and training reactors and
laboratories;''.
(b) Consolidation of Department of Energy Early Career Awards for
Science, Engineering, and Mathematics Researchers Program and
Distinguished Scientist Program.--
(1) Funding.--Section 971(c) of the Energy Policy Act of
2005 (42 U.S.C. 16311(c)) is amended by adding at the end the
following:
``(8) For the Department of Energy early career awards for
science, engineering, and mathematics researchers program under
section 5006 of the America COMPETES Act (42 U.S.C. 16534) and
the distinguished scientist program under section 5011 of that
Act (42 U.S.C. 16537), $150,000,000 for each of fiscal years
2016 through 2020, of which not more than 65 percent of the
amount made available for a fiscal year under this paragraph
may be used to carry out section 5006 or 5011 of that Act.''.
(2) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of the
America COMPETES Act (42 U.S.C. 16534) is amended--
(A) in subsection (b)(1)--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``average'' before
``amount''; and
(II) by inserting ``for each year''
before ``shall'';
(ii) in subparagraph (A), by striking
``$80,000'' and inserting ``$190,000''; and
(iii) in subparagraph (B), by striking
``$125,000'' and inserting ``$490,000'';
(B) in subsection (c)(1)(C)--
(i) in clause (i)--
(I) by striking ``assistant
professor or equivalent title'' and
inserting ``untenured assistant or
associate professor''; and
(II) by inserting ``or'' after the
semicolon at the end;
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as
clause (ii);
(C) in subsection (d), by striking ``on a
competitive, merit-reviewed basis'' and inserting
``through a competitive process using merit-based peer
review.'';
(D) in subsection (e)--
(i) by striking ``(e)'' and all that
follows through ``To be eligible'' and
inserting the following:
``(e) Selection Process and Criteria.--To be eligible''; and
(ii) by striking paragraph (2); and
(E) in subsection (f)(1), by striking ``nonprofit,
nondegree-granting research organizations'' and
inserting ``National Laboratories''.
(c) Science Education Programs.--Section 3164 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--The Director of the Office of Science
(referred to in this subsection as the ``Director'') shall
provide for appropriate coordination of science, technology,
engineering, and mathematics education programs across all
functions of the Department.
``(2) Administration.--In carrying out paragraph (1), the
Director shall--
``(A) consult with--
``(i) the Assistant Secretary of Energy
with responsibility for energy efficiency and
renewable energy programs; and
``(ii) the Deputy Administrator for Defense
Programs of the National Nuclear Security
Administration; and
``(B) seek to increase the participation and
advancement of women and underrepresented minorities at
every level of science, technology, engineering, and
mathematics education.''; and
(B) in paragraph (3)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) by redesignating subparagraph (E) as
subparagraph (F); and
(iii) by inserting after subparagraph (D)
the following:
``(E) represent the Department as the principal
interagency liaison for all coordination activities
under the President for science, technology,
engineering, and mathematics education programs; and'';
and
(2) in subsection (d)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Report.--Not later than 180 days after the date of
enactment of this subparagraph, the Director shall submit a
report describing the impact of the activities assisted with
the Fund established under paragraph (1) to--
``(A) the Committee on Science, Space, and
Technology of the House of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.''.
(d) Protecting America's Competitive Edge (PACE) Graduate
Fellowship Program.--Section 5009 of the America COMPETES Act (42
U.S.C. 16536) is amended--
(1) in subsection (c)--
(A) in paragraph (1) by striking ``, involving''
and all that follows through ``Secretary''; and
(B) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) to demonstrate excellent academic performance
and understanding of scientific or technical subjects;
and'';
(2) in subsection (d)(1)(B)(i), by inserting ``full or
partial'' before ``graduate tuition''; and
(3) in subsection (e), in the matter preceding paragraph
(1), by striking ``Director of Science, Engineering, and
Mathematics Education'' and inserting ``Director of the Office
of Science.'' | Energy Title of America COMPETES Reauthorization Act of 2015 This bill amends the Energy Policy Act of 2005 to reauthorize through FY2020 designated energy research, development, and commercial application programs conducted through the Office of Science of the Department of Energy (DOE). The America COMPETES Act is amended to require the Director of Advanced Research Projects Agency-Energy (ARPA-E) to ensure that ARPA-E funding for a project is not available unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable. Specified information collected by ARPA-E from financial assistance recipients shall be considered privileged, confidential, and exempt from certain federal information disclosure requirements. The bill authorizes appropriations for FY2016-FY2020 for the Energy Transformation Acceleration Fund. The bill repeals funding and authorities for the following programs: the Nuclear Science Talent Expansion Program For Institutions of Higher Education; Hydrocarbon Systems Science Competitiveness Grants For Institutions of Higher Education; Discovery Science and Engineering Innovation Institutes; National Laboratories Centers of Excellence in Science, Technology, Engineering, and Mathematics secondary school education, certain Summer Institutes hosted by a National Laboratory; and a mentoring program under the Department of Energy Science Education Enhancement Act to recruit mentors for women and underrepresented minorities interested in careers in science, engineering, and mathematics. With respect to the University Nuclear Science and Engineering Support program, DOE shall award grants of up to five years to institutions of higher education with existing academic degree programs in nuclear sciences and related fields, including nuclear chemistry. Funds are authorized for FY2016-FY2020 for the DOE early career awards for science, engineering, and mathematics researchers program, as well as for its distinguished scientist program. The diversity requirement for awarding grants under the program for early career awards for science, engineering, and mathematics researchers is revised to substitute a required variety of types of National Laboratories in lieu of a variety of types of nonprofit, nondegree-granting research organizations. The Department of Energy Science Education Enhancement Act is amended to direct the Office of Science to coordinate science, technology, engineering, and mathematics education programs across all functions of DOE. The bill amends the America COMPETES Act to: (1) change the criteria for awarding Protecting America's Competitive Edge (PACE) graduate fellowships, and (2) allow such fellowships to cover either full or partial graduate tuition. | {"src": "billsum_train", "title": "Energy Title of America COMPETES Reauthorization Act of 2015"} | 3,272 | 520 | 0.508449 | 1.672924 | 0.644078 | 3.039301 | 6.122271 | 0.820961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shore Protection Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the beach, shore, and coastal resources of the United
States--
(A) are critical assets that must be protected,
conserved, and restored; and
(B) provide economic and environmental benefits
that are of national significance;
(2) a network of healthy and nourished beaches is essential
to the economy, competitiveness in world tourism, and safety of
coastal communities of the United States;
(3)(A) the coasts of the United States are an economic
asset, supporting 34 percent of national employment, or
28,000,000 jobs; and
(B) the 413 coastal communities of the United States
generate $1,300,000,000,000, or \1/3\, of the gross domestic
product;
(4)(A) travel and tourism--
(i) is the second largest sector of the economy of
the United States; and
(ii) contributed over $746,000,000,000 to the gross
domestic product in 1995;
(B) the health of the beaches and shoreline of the United
States contributes to this economic benefit, since the leading
tourist destinations in the United States are beaches; and
(C) 85 percent of all tourism-generated revenue in the
United States derives from coastal communities;
(5)(A) the value of the coastline of the United States lies
not only in the jobs and revenue that the coastline generates,
but also in the families, homes, and businesses that the
coastline protects from hurricanes, typhoons, and tropical and
extratropical storms;
(B) almost 50 percent of the total United States population
lives in coastal communities; and
(C) beaches provide protection to prevent the destruction
of life and hundreds of billions of dollars worth of property;
(6) shoreline protection projects can provide ecological
and environmental benefits by providing for, or by restoring,
marine and littoral habitat;
(7)(A) the coastline of the United States is a national
treasure, visited by millions of Americans and foreign tourists
every year;
(B) over 90,000,000 Americans spend time boating or fishing
along the coast each year; and
(C) the average American spends 10 recreational days per
year on the coast; and
(8) since shoreline protection projects generate positive
economic, recreational, and environmental outcomes that benefit
the United States as a whole, Federal responsibility for
preserving this valuable resource should be maintained.
(b) Purpose.--The purpose of this Act is to provide for a Federal
role in shore protection projects, including projects involving the
replacement of sand, for which the economic and ecological benefits to
the locality, region, or Nation exceed the costs.
SEC. 3. SHORE PROTECTION.
(a) In General.--The first section of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C.
426e), is amended--
(1) in subsection (a)--
(A) by striking ``damage to the shores'' and
inserting ``damage to the shores and beaches''; and
(B) by striking ``the following provisions'' and
all that follows through the period at the end and
inserting the following: ``this Act, to promote shore
protection projects and related research that encourage
the protection, restoration, and enhancement of sandy
beaches, including beach restoration and periodic beach
nourishment, on a comprehensive and coordinated basis
by the Federal Government, States, localities, and
private enterprises. In carrying out this policy,
preference shall be given to areas in which there has
been a Federal investment of funds and areas with
respect to which the need for prevention or mitigation
of damage to shores and beaches is attributable to
Federal navigation projects or other Federal
activities.'';
(2) in subsection (d), by striking ``or from the protection
of nearby public property'' and inserting ``, if there are
sufficient benefits to local and regional economic development
and to the local and regional ecology (as determined under
subsection (e)(2)(B)),''; and
(3) in subsection (e)--
(A) by striking ``(e) No'' and inserting the
following:
``(e) Authorization of Projects.--
``(1) In general.--No''; and
(B) by adding at the end the following:
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies
concerning shore protection projects that meet
the criteria established under this Act
(including subparagraph (B)(iii)) and other
applicable law;
``(ii) conduct such studies as Congress
requires under applicable laws; and
``(iii) report the results of the studies
to the appropriate committees of Congress.
``(B) Recommendations for shore protection
projects.--
``(i) In general.--The Secretary shall
recommend to Congress the authorization or
reauthorization of shore protection projects
based on the studies conducted under
subparagraph (A).
``(ii) Considerations.--In making
recommendations, the Secretary shall consider
the economic and ecological benefits of a shore
protection project and the ability of the non-
Federal interest to participate in the project.
``(iii) Consideration of local and regional
benefits.--In analyzing the economic and
ecological benefits of a shore protection
project, or a flood control or other water
resource project the purpose of which includes
shore protection, the Secretary shall consider
benefits to local and regional economic
development, and to the local and regional
ecology, in calculating the full economic and
ecological justifications for the project.
``(iv) NEPA requirements.--Nothing in this
subparagraph imposes any requirement on the
Army Corps of Engineers under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(C) Coordination of projects.--In conducting
studies and making recommendations for a shore
protection project under this paragraph, the Secretary
shall--
``(i) determine whether there is any other
project being carried out by the Secretary or
the head of another Federal agency that may be
complementary to the shore protection project;
and
``(ii) if there is such a complementary
project, describe the efforts that will be made
to coordinate the projects.
``(3) Shore protection projects.--
``(A) In general.--The Secretary shall construct,
or cause to be constructed, any shore protection
project authorized by Congress, or separable element of
such a project, for which funds have been appropriated
by Congress.
``(B) Agreements.--
``(i) Requirement.--After authorization by
Congress, and before commencement of
construction, of a shore protection project or
separable element, the Secretary shall enter
into a written agreement with a non-Federal
interest with respect to the project or
separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the life of the
project; and
``(II) ensure that the Federal
Government and the non-Federal interest
will cooperate in carrying out the
project or separable element.
``(C) Coordination of projects.--In constructing a
shore protection project or separable element under
this paragraph, the Secretary shall, to the extent
practicable, coordinate the project or element with any
complementary project identified under paragraph
(2)(C).
``(4) Report to congress.--The Secretary shall report
annually to the appropriate committees of Congress on the
status of all ongoing shore protection studies and shore
protection projects carried out under the jurisdiction of the
Secretary.''.
(b) Requirement of Agreements Prior to Reimbursements.--
(1) Small shore protection projects.--Section 2 of the Act
entitled ``An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property'', approved
August 13, 1946 (33 U.S.C. 426f), is amended--
(A) by striking ``Sec. 2. The Secretary of the
Army'' and inserting the following:
``SEC. 2. REIMBURSEMENTS.
``(a) In General.--The Secretary--
``(B) in subsection (a) (as so designated)--
``(i) by striking `local interests' and
inserting `non-Federal interests';
``(ii) by inserting `or separable element
of the project' after `project'; and
``(iii) by inserting `or separable
elements' after `projects' each place it
appears; and
``(C) by adding at the end the following:
``(b) Agreements.--
``(1) Requirement.--After authorization of reimbursement by
the Secretary under this section, and before commencement of
construction, of a shore protection project, the Secretary
shall enter into a written agreement with the non-Federal
interest with respect to the project or separable element.
``(2) Terms.--The agreement shall--
``(A) specify the life of the project; and
``(B) ensure that the Federal Government and the
non-Federal interest will cooperate in carrying out the
project or separable element.''.
(2) Other shoreline protection projects.--Section
206(e)(1)(A) of the Water Resources Development Act of 1992 (33
U.S.C. 426i-1(e)(1)(A)) is amended by inserting before the
semicolon the following: ``and enters into a written agreement
with the non-Federal interest with respect to the project or
separable element (including the terms of cooperation)''.
(c) State and Regional Plans.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946, is amended--
(1) by redesignating section 4 (33 U.S.C. 426h) as section
5; and
(2) by inserting after section 3 (33 U.S.C. 426g) the
following:
``SEC. 4. STATE AND REGIONAL PLANS.
``The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
``(2) encourage State participation in the implementation
of the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.''.
(d) Definitions.--
(1) In general.--Section 5 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946 (as
redesignated by subsection (c)(1)), is amended--
(A) by striking ``Sec. 5. As used in this Act, the
word `shores' includes all the shorelines'' and
inserting the following:
``SEC. 5. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Army, acting through the Chief of Engineers.
``(2) Separable element.--The term `separable element' has
the meaning provided by section 103(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(f)).
``(3) Shore.--The term `shore' includes each shoreline of
each''; and
(B) by adding at the end the following:
``(4) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including
the replacement of sand.''.
(2) Conforming amendments.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946,
is amended--
(A) in subsection (b)(3) of the first section (33
U.S.C. 426e(b)(3)), by striking ``Secretary of the
Army, acting through the Chief of Engineers,'' and
inserting ``Secretary,''; and
(B) in section 3 (33 U.S.C. 426g), by striking
``Secretary of the Army'' and inserting ``Secretary''.
(e) Objectives of Projects.--Section 209 of the Flood Control Act
of 1970 (42 U.S.C. 1962-2) is amended by inserting ``(including shore
protection projects such as projects for beach nourishment, including
the replacement of sand)'' after ``water resource projects''. | Shore Protection Act of 1996 - Includes as U.S. policy the prevention of damage to U.S. beaches and the promotion of shore protection projects (projects) and related research that encourages the protection, restoration, and enhancement of sandy beaches.
Directs the Secretary of the Army to: (1) recommend, conduct, and report to the Congress on studies concerning projects that meet established criteria; (2) recommend to the Congress the authorization or reauthorization of projects based on study results; (3) consider the economic, ecological, local, and regional benefits of such projects; and (4) carry out the projects in coordination with any other Federal projects.
Directs the Secretary to: (1) construct any project authorized by the Congress for which funds have been appropriated through a construction agreement with a non-Federal interest; (2) report annually to the appropriate congressional committees on the status of all ongoing shore protection studies and projects; and (3) reimburse non-Federal interests (currently, local interests) for work done on authorized projects (current law) or separable elements of such projects.
Amends the Water Resources Development Act of 1992 to require similar written agreements with non-Federal interests for shoreline projects carried out under such Act.
Authorizes the Secretary to: (1) cooperate with a State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources; (2) encourage State participation in plan implementation; and (3) submit reports and recommendations to the Congress concerning Federal participation in such plan.
Amends the Flood Control Act of 1970 to include within authorized projects shore protection projects, including beach nourishment and the replacement of sand. | {"src": "billsum_train", "title": "Shore Protection Act of 1996"} | 2,878 | 344 | 0.534775 | 1.66276 | 0.666977 | 3.045872 | 7.88685 | 0.929664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appropriations Transparency Act of
2007''.
SEC. 2. OUT OF SCOPE EARMARKS OR TAX EARMARKS IN CONFERENCE REPORTS.
(a) In General.--In the House of Representatives or the Senate, a
point of order may be made by any Member against consideration of a
conference report that includes any earmark or tax earmark not
committed to conference by either House. The point of order shall be
made and voted on separately for each item in violation of this
section.
(b) Disposition.--If the point of order against a conference report
under subsection (a) is sustained, then--
(1) the earmark or tax earmark in such conference report
shall be deemed to have been struck;
(2) when all other points of order under this section have
been disposed of--
(A) the House or Senate, as applicable, shall
proceed to consider the question of whether the House
or Senate should recede from its amendment to the
Senate bill or House bill, or its disagreement to the
amendment of the Senate or the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference report
not deemed to have been struck;
(B) the question shall be debatable; and
(C) no further amendment shall be in order; and
(3) if the House or the Senate, as applicable, agrees to
the amendment, then the bill and the House amendment thereto,
or the bill and the Senate amendment thereto, shall be returned
to the Senate or the House for its concurrence in the amendment
of the House or the Senate.
(c) Waiver and Appeal.--This section may be waived or suspended in
the House of Representatives or the Senate only by an affirmative vote
of a majority of the Members, duly chosen and sworn. In the Senate, an
affirmative vote of a majority of its Members, duly chosen and sworn,
shall be required to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
SEC. 3. DEFINITIONS.
(a) Definitions.--As used in this Act:
(1) The term ``earmark'' means a provision in a bill or
conference report--
(A) with respect to an appropriation bill or
conference report thereon providing or recommending an
amount of budget authority for a contract, loan, loan
guarantee, grant, or other expenditure with or to a
non-Federal entity, if--
(i) such entity is specifically identified
in the bill; or
(ii) if the discretionary budget authority
is allocated outside of the statutory or
administrative formula-driven or competitive
bidding process and is targeted or directed to
an identifiable entity, specific State, or
Congressional district; or
(B) with respect to a measure other than that
specified in subparagraph (A) or conference report
thereon providing authority, including budget
authority, or recommending the exercise of authority,
including budget authority, for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure
with or to a non-Federal entity, if--
(i) such entity is specifically identified
in the bill;
(ii) if the authorization for, or provision
of, budget authority, contract authority loan
authority or other expenditure is allocated
outside of the statutory or administrative
formula-driven or competitive bidding process
and is targeted or directed to an identifiable
entity, specific State, or Congressional
district; or
(iii) if such authorization for, or
provision of, budget authority, contract
authority, loan authority or other expenditure
preempts statutory or administrative State
allocation authority.
(2)(A) The term ``tax earmark'' means any revenue-losing
provision that provides a Federal tax deduction, credit,
exclusion, or preference to only one beneficiary (determined
with respect to either present law or any provision of which
the provision is a part) under the Internal Revenue Code of
1986 in any year for which the provision is in effect;
(B) for purposes of subparagraph (A)--
(i) all businesses and associations that are
members of the same controlled group of corporations
(as defined in section 1563(a) of the Internal Revenue
Code of 1986) shall be treated as a single beneficiary;
(ii) all shareholders, partners, members, or
beneficiaries of a corporation, partnership,
association, or trust or estate, respectively, shall be
treated as a single beneficiary;
(iii) all employees of an employer shall be treated
as a single beneficiary;
(iv) all qualified plans of an employer shall be
treated as a single beneficiary;
(v) all beneficiaries of a qualified plan shall be
treated as a single beneficiary;
(vi) all contributors to a charitable organization
shall be treated as a single beneficiary;
(vii) all holders of the same bond issue shall be
treated as a single beneficiary; and
(viii) if a corporation, partnership, association,
trust or estate is the beneficiary of a provision, the
shareholders of the corporation, the partners of the
partnership, the members of the association, or the
beneficiaries of the trust or estate shall not also be
treated as beneficiaries of such provision.
(3) The term ``revenue-losing provision'' means any
provision that is estimated to result in a reduction in Federal
tax revenues (determined with respect to either present law or
any provision of which the provision is a part) for any one of
the two following periods--
(A) the first fiscal year for which the provision
is effective; or
(B) the period of the 5 fiscal years beginning with
the first fiscal year for which the provision is
effective; and
(4) The terms used in paragraphs (2) and (3) shall have the
same meaning as those terms have generally in the Internal
Revenue Code of 1986, unless otherwise expressly provided.
(b) Clarification.--For purposes of this Act--
(1) government-sponsored enterprises, Federal facilities,
and Federal lands shall be considered Federal entities;
(2) to the extent that the non-Federal entity is a State,
unit of local government, territory, an Indian tribe, a foreign
government or an intergovernmental international organization,
the provision shall not be considered an earmark unless the
provision also specifies the specific purpose for which the
designated budget authority is to be expended;
(3) the term ``budget authority'' shall have the same
meaning as such term is defined in section 3 of the
Congressional Budget Act of 1974 (2 U.S.C. 622); and
(4) an obligation limitation shall be treated as budget
authority. | Appropriations Transparency Act of 2007 - Allows a point of order to be made by any Member in the House of Representatives or the Senate against consideration of a conference report that includes any earmark or tax earmark not committed to conference by either chamber.
Defines "tax earmark" as any revenue-losing provision that provides a federal tax deduction, credit, exclusion, or preference to only one beneficiary (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code in any year for which the provision is in effect. | {"src": "billsum_train", "title": "To prohibit the inclusion of earmarks in conference reports that were not in the House- or Senate-passed bills."} | 1,451 | 132 | 0.585526 | 1.727747 | 0.673095 | 7.245455 | 12.654545 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal District Court of American
Samoa Act of 2006''.
SEC. 2. FEDERAL DISTRICT COURT FOR AMERICAN SAMOA.
(a) Establishment.--There is established for and within American
Samoa a court of record to be known as the Federal District Court of
American Samoa. Terms of court shall be held on Tutuila and at such
other places in American Samoa and at such times as the court may
designate by rule or order.
(b) Jurisdiction of the Federal District Court.--The jurisdiction
of the Federal District Court of American Samoa shall, to the extent
that the Constitution and laws of the United States apply to American
Samoa, be limited to the jurisdiction of a district court of the United
States and that of a bankruptcy court of the United States, except
that--
(1) the Federal District Court shall in no case have
jurisdiction of a case or proceeding that puts in issue the
tenure to any communal lands located in American Samoa, or any
matter pertaining to the adjudication of traditional chieftain
or matai titles; and
(2) the Federal District Court and the High Court of
American Samoa shall have concurrent jurisdiction over cases
involving the interpretation of--
(A) the 1900 Treaty or Deed of Cession between the
Islands of Tutuila and Aunu'u and the United States,
and the 1904 Treaty or Deed of Cession between Manu'a
Islands and the United States; and
(B) the 1967 Revised Constitution of American
Samoa, and any amendments thereto.
(c) Relationship Between Courts of United States and Courts of
American Samoa.--The relations between the courts established by the
Constitution or laws of the United States and the courts of American
Samoa with respect to appeals, certiorari, removal of causes, the
issuance of writs of habeas corpus, and other matters or proceedings
shall be governed by the laws of the United States pertaining to the
relations between the courts of the United States, including the
Supreme Court of the United States, and the courts of the several
States in such matters and proceedings.
SEC. 3. APPOINTMENT OF JUDGE, U.S. ATTORNEY, AND U.S. MARSHAL.
(a) Appointment of Judge.--The President shall, by and with the
advice and consent of the Senate, appoint a judge for the Federal
District Court of American Samoa, who shall hold office for the term of
10 years and until his or her successor is chosen and qualified, unless
sooner removed by the President for cause. The judge shall receive a
salary payable by the United States which shall be at the rate
prescribed for judges of the United States district courts.
(b) Temporary Assignments.--The Chief Judge of the Ninth Judicial
Circuit of the United States may assign a judge of a local court of
record in American Samoa, a circuit or district judge of the ninth
judicial circuit, or a recalled senior judge of the United States
District Court for the District of Hawaii, or the Chief Justice of the
United States may assign any other United States circuit or district
judge, with the consent of the judge so assigned and of the chief judge
of that circuit, to serve temporarily as a judge in the Federal
District Court of American Samoa whenever such an assignment is for the
proper conduct, administration, and necessary business of the court.
(c) U.S. Attorney and U.S. Marshal.--The President shall appoint,
by and with the advice and consent of the Senate, a United States
attorney and United States marshal for American Samoa to whose offices
the provisions of chapters 35 and 37 of title 28, United States Code,
respectively, shall apply.
SEC. 4. RULES OF PRACTICE AND PROCEDURE.
Where appropriate, the rules of practice and procedure promulgated
and made effective by the Congress or the Supreme Court of the United
States pursuant to titles 11, 18, and 28, United States Code, shall
apply to the Federal District Court of American Samoa and appeals
therefrom; except that the terms ``Attorney for the government'' and
``United States Attorney,'' as used in the Federal Rules of Criminal
Procedure, shall, when applicable, include the Attorney General of
American Samoa or such other person or persons as may be authorized by
the laws of American Samoa to act therein.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Appeals.--The item relating to the Ninth Circuit in the table
contained in section 41 of title 28, United States Code, is amended by
inserting ``American Samoa,'' after ``Guam,''.
(b) Retirement and Survivors' Annuities.--
(1) Retirement.--Section 373 of title 28, United States
Code, is amended in subsections (a) and (e) by inserting ``,
the Federal District Court of American Samoa,'' after ``the
District Court of Guam,''.
(2) Survivors' annuities.--Section 376(a) of title 28,
United States Code, is amended in paragraphs (1)(B) and (2)(B)
by inserting ``the Federal District Court of American Samoa,''
after ``the District Court of Guam,''.
(c) U.S. Trustee.--Section 581(a)(15) of title 28, United States
Code, is amended by inserting ``, American Samoa,'' after ``Guam''.
(d) Courts Defined.--Section 610 of title 28, United States Code,
is amended by striking ``the United States District Court for the
District of the Canal Zone'' and inserting ``the Federal District Court
of American Samoa''.
(e) Magistrate Judges.--Section 631(a) of title 28, United States
Code, is amended--
(1) in the first sentence, by inserting ``, the Federal
District Court of American Samoa,'' after ``United States
district court''; and
(2) in the second sentence, by inserting ``American
Samoa,'' after ``Guam,''.
(f) Court Reporters.--The first paragraph of section 753(a) of
title 28, United States Code, is amended--
(1) by striking ``the United States District Court for the
District of the Canal Zone,''; and
(2) by inserting ``the Federal District Court of American
Samoa,'' after ``the District Court of Guam,''.
(g) Courts of Appeals.--Section 1291 of title 28, United States
Code, is amended--
(1) by striking ``, the United States District Court for
the District of the Canal Zone,''; and
(2) by inserting ``the Federal District Court of American
Samoa,'' after ``the District Court of Guam,''.
(h) Interlocutory Decisions.--Section 1292 of title 28, United
States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``the United States District Court
for the District of the Canal Zone,''; and
(B) by inserting ``the Federal District Court of
American Samoa,'' after ``the District Court of
Guam,''; and
(2) in subsection (d)(4)(A), by inserting ``the Federal
District Court of American Samoa,'' after ``the District Court
of Guam,''.
(i) Circuits in Which Decisions Reviewable.--Section 1294 of title
28, United States Code, is amended--
(1) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively; and
(2) in paragraph (3), as so redesignated, by inserting ``or
the Federal District Court of American Samoa'' after ``Guam''.
(j) Court of Appeals for the Federal Circuit.--Section 1295(a) of
title 28, United States Code, is amended in paragraphs (1) and (2)--
(1) by striking ``the United States District Court for the
District of the Canal Zone''; and
(2) by inserting ``the Federal District Court of American
Samoa,'' after ``the District Court of Guam,''.
(k) Representation of Certain Defendants.--Section 3006A(j) of
title 18, United States Code, is amended by inserting ``the Federal
District Court of American Samoa,'' after ``the District Court of the
Northern Mariana Islands,''.
SEC. 6. DEFINITION.
For purposes of this Act, the term ``American Samoa'' includes
Swains Island and Rose Island.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the end of the 90-day period beginning on the date of the enactment of
this Act. | Federal District Court of American Samoa Act of 2006 - Establishes for and within American Samoa a court of record to be known as the Federal District Court of American Samoa. Sets forth provisions respecting: (1) jurisdiction; (2) appointment of a judge, U.S. Attorney, and U.S. Marshal; and (3) rules of practice and procedure. | {"src": "billsum_train", "title": "To establish a Federal District Court of American Samoa."} | 2,062 | 82 | 0.62928 | 1.557803 | 0.456405 | 5.880597 | 26.373134 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Compliance Enforcement Act of
1994''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``person'' includes an individual,
partnership, corporation, association, or public or private
organization.
(2) The term ``current in payment'' means a person either
has no outstanding Federal tax obligation owed to the United
States Treasury (including any associated interest and
penalties), or is in compliance with a payment schedule
established by the Internal Revenue Service with respect to an
outstanding Federal tax obligation.
(3) The term ``current in filing'' means a person is in
compliance with all filing requirements under sections 6071,
6072, and 6075 of the Internal Revenue Code of 1986.
(4) The term ``delinquent taxpayer'' means any person who
is not current in payment or current in filing with respect to
any Federal tax obligation (including any associated interest
and penalties).
(5) The term ``Federal benefit''--
(A) means the issuance of any grant, contract,
loan, professional license, or commercial license
provided by an agency of the United States or as the
result of appropriated funds of the United States; and
(B) does not include any retirement, welfare,
social security, health, disability, veterans, public
housing, or other similar benefit, or any other benefit
for which payments or services are required for
eligibility.
(6) The term ``Federal tax obligation'' means a tax
obligation arising from a tax imposed under the Internal
Revenue Code of 1986.
(7) The term ``Commissioner'' means the Commissioner of the
Internal Revenue Service.
SEC. 3. PROHIBITION OF GOVERNMENT EMPLOYMENT OR FEDERAL BENEFITS
PROVIDED TO DELINQUENT TAXPAYERS.
(a) In General.--No person shall receive any Federal benefit, nor
be hired as an officer or employee of the Government of the United
States, if that person is a delinquent taxpayer.
(b) Coverage.--The prohibition in subsection (a) shall apply to any
department, agency, or office of the Government of the United States,
including--
(1) the Legislative Branch of the United States, and
(2) the Judicial Branch of the United States.
(c) Subgrantees and Subcontractors Included.--The prohibition in
subsection (a) shall apply to any subgrantee or subcontractor, subject
to reasonable limitations to be established by the Administrator of the
General Services Administration.
(d) Exceptions.--The prohibition in subsection (a) may be waived by
the appropriate head of the entity described in subsection (b), if the
waiver is necessary to meet a critical governmental need.
(e) Regulations.--The Commissioner shall promulgate such
regulations as are necessary to carry out this Act.
(f) Effective Date.--This section shall be effective on and after
the date which is one year after the date of enactment of this Act.
SEC. 4. INCREASES IN TAX-RELATED CRIMINAL FINES.
(a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal
Revenue Code of 1986 (relating to attempt to evade or defeat tax) is
amended by striking ``$100,000 ($500,000 in the case of a
corporation)'' and inserting ``$325,000 ($750,000 in the case of a
corporation)''.
(b) Willful Failure To File Return, Supply Information, or Pay
Tax.--Section 7203 of the Internal Revenue Code of 1986 (relating to
willful failure to file return, supply information, or pay tax) is
amended--
(1) by striking ``$25,000 ($100,000 in the case of a
corporation)'' in the first sentence and inserting ``$125,000
($250,000 in the case of a corporation)'', and
(2) by inserting before the period at the end of the third
sentence ``and `$325,000 ($750,000 in the case of a
corporation)' for `$125,000 ($250,000 in the case of a
corporation)'''.
(c) Fraud and False Statements.--Section 7206 of the Internal
Revenue Code of 1986 (relating to fraud and false statements) is
amended by striking ``$100,000 ($500,000 in the case of a
corporation)'' and inserting ``$325,000 ($750,000 in the case of a
corporation)''.
(d) Fraudulent Returns, Statements, or Other Documents.--Section
7207 of the Internal Revenue Code of 1986 (relating to fraudulent
returns statements, or other documents) is amended by striking
``$10,000 ($50,000 in the case of a corporation)'' both places it
appears and inserting ``$125,000 ($250,000 in the case of a
corporation)''.
(e) Effective Date.--The amendments made by this section shall
apply to offenses committed after the date of the enactment of this
Act. | Tax Compliance Enforcement Act of 1994 - Amends the Internal Revenue Code to prohibit a delinquent taxpayer from receiving Federal benefits or from being hired as an officer or employee of the Government of the United States, including the legislative and judicial branches.
Increases certain tax-related criminal fines. | {"src": "billsum_train", "title": "Tax Compliance Enforcement Act of 1994"} | 1,136 | 64 | 0.512517 | 1.169413 | 0.87632 | 4.703704 | 18.666667 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NO Tobacco for Kids Act''.
SEC. 2. CHILD TOBACCO USE SURVEYS.
(a) Annual Performance Survey.--Not later than 1 year after the
date of the enactment of this Act and annually thereafter the Secretary
shall conduct a survey to determine the number of children who used
each manufacturer's tobacco products within the past 30 days.
(b) Baseline Level.--The baseline level of child tobacco product
use of a manufacturer is the number of children determined to have used
the tobacco products of such manufacturer in the first annual
performance survey.
SEC. 3. GRADUATED PERFORMANCE STANDARDS.
(a) Performance Standards for Existing Manufacturers.--Each
manufacturer which manufactured a tobacco product on or before the date
of the enactment of this Act shall reduce the number of children who
use its tobacco products so that the number of children determined to
have used its tobacco products on the basis of--
(1) the second annual performance survey is equal to or
less than--
(A) 80 percent of the manufacturer's baseline
level; or
(B) the de minimis level;
whichever is greater;
(2) the third annual performance survey is equal to or less
than--
(A) 60 percent of the manufacturer's baseline
level; or
(B) the de minimis level;
whichever is greater;
(3) the fourth annual performance survey is equal to or
less than--
(A) 40 percent of the manufacturer's baseline
level; or
(B) the de minimis level;
whichever is greater;
(4) the fifth annual performance survey is equal to or less
than--
(A) 20 percent of the manufacturer's baseline
level; or
(B) the de minimis level;
whichever is greater; and
(5) the sixth annual performance survey and each annual
performance survey conducted thereafter is equal to or less
than--
(A) 10 percent of the manufacturer's baseline
level; or
(B) the de minimis level;
whichever is greater.
(b) Performance Standards for New Manufacturers.--Any manufacturer
of a tobacco product which begins to manufacture a tobacco product
after the date of the enactment of this Act shall ensure that the
number of children determined to have used the manufacturer's tobacco
products in each annual performance survey conducted after the
manufacturer begins to manufacture tobacco products is equal to or less
than the de minimis level.
(c) De Minimis Level.--The de minimis level shall be 0.5 percent of
the total number of children determined to have used tobacco products
in the first annual performance survey.
SEC. 4. NONCOMPLIANCE.
(a) First Violation.--If a manufacturer of a tobacco product
violates a performance standard, the manufacturer shall pay a
noncompliance fee of $1 for each unit of its tobacco product which is
distributed for consumer use in the year following the year in which
the performance standard is violated.
(b) Fee Increase for Subsequent Violations.--If a manufacturer
violates the performance standards in 2 or more consecutive years, the
noncompliance fee for such manufacturer shall be increased by $1 for
each consecutive violation for each unit of its tobacco product which
is distributed for consumer use.
(c) Reduction in Noncompliance Fee.--If a manufacturer achieves
more than 90 percent of the reduction in the number of children who use
its tobacco products that is required under the applicable performance
standard, the noncompliance fee required to be paid by the manufacturer
shall be reduced on a pro rata basis such that there shall be a
noncompliance fee reduction of 10 percent for each percentage point
over 90 percent achieved by the manufacturer.
(d) Payment.--The noncompliance fee to be paid by a manufacturer
shall be paid on a quarterly basis, with the payments due within 30
days after the end of each calendar quarter.
SEC. 5. USE OF NONCOMPLIANCE FEE.
(a) Funds for Enforcement and Education.--The first $1,000,000,000
of noncompliance fees collected in any fiscal year shall go into a
Tobacco Enforcement and Education Fund in the United States Treasury.
Fees in such fund shall be available to the Secretary, without fiscal
year limitation, to enforce this Act and other Federal laws relating to
tobacco use by children and for public education to discourage children
from using tobacco products.
(b) Funds for the Treasury.--Any amount of noncompliance fees
collected in any fiscal year which exceeds $1,000,000,000 shall be paid
into the United States Treasury.
SEC. 6. JUDICIAL REVIEW.
A manufacturer of tobacco products may seek judicial review of any
action under this Act only after a noncompliance fee has been assessed
and paid by the manufacturer and only in the United States District
Court for the District of Columbia. In an action by a manufacturer
seeking judicial review of an annual performance survey, the
manufacturer may prevail--
(1) only if the manufacturer shows that the results of the
performance survey were arbitrary and capricious; and
(2) only to the extent that the manufacturer shows that it
would have been required to pay a lesser noncompliance fee if
the results of the performance survey were not arbitrary and
capricious.
SEC. 7. ENFORCEMENT.
Section 301 of the Federal Food, Drug, and Cosmetic Act (28 U.S.C.
331) is amended by adding at the end the following:
``(x) The failure to pay any noncompliance fee required under the
NO Tobacco for Kids Act.''.
SEC. 8. PREEMPTION.
Nothing in this Act shall preempt or otherwise affect any other
Federal, State, or local law or regulation which reduces the use of
tobacco products by children.
SEC. 9. DEFINITIONS.
In this Act:
(1) Children.--The term ``children'' means individuals
under the age of 18.
(2) Cigarette.--The term ``cigarette'' has the same meaning
given such term by section 3(1) of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1332(1)).
(3) Cigarette tobacco.--The term ``cigarette tobacco''
means any product that consists of loose tobacco that contains
or delivers nicotine and is intended for use by consumers in a
cigarette.
(4) Manufacture.--The term ``manufacture'' means the
manufacturing, including repacking or relabeling, fabrication,
assembly, processing, labeling, or importing of a tobacco
product.
(4) Manufacturer.--The term ``manufacturer'' means any
person who manufactures a tobacco product.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Smokeless tobacco.--The term ``smokeless tobacco'' has
the same meaning given such term by section 9(1) of the
Comprehensive Smokeless Tobacco Education Act of 1986 (15
U.S.C. 4408(1)).
(7) Tobacco product.--The term ``tobacco product'' means a
cigarette, cigarette tobacco, or smokeless tobacco.
(8) Unit.--The term ``unit'' when used in connection with a
tobacco product means 20 cigarettes in the case of cigarettes
and the smallest amount of tobacco distributed by a
manufacturer for consumer use in the case of any other tobacco
product. | NO Tobacco for Kids Act - Directs the Secretary of Health and Human Services to conduct annual surveys to determine the number of children who used each manufacturer's tobacco products.
Requires each such manufacturer to make specified annual reductions in child tobacco use and provides penalties based upon total consumer use for failure to meet such requirements (with reductions for near compliance). Sets forth performance standards for new manufacturers. Directs that specified amounts of fiscal year penalties shall go to a Tobacco Enforcement and Education Fund in the Treasury, with any excess to go to the Treasury.
Sets forth judicial review provisions. | {"src": "billsum_train", "title": "NO Tobacco for Kids Act"} | 1,629 | 129 | 0.500048 | 1.29826 | 0.571762 | 2.443478 | 12.591304 | 0.756522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Blue
Campaign Authorization Act''.
SEC. 2. ENHANCED DEPARTMENT OF HOMELAND SECURITY COORDINATION THROUGH
THE BLUE CAMPAIGN.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN.
``(a) Definition.--In this section, the term `human trafficking'
means an act or practice described in paragraph (9) or (10) of section
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(b) Establishment.--There is established within the Department a
program, which shall be known as the `Blue Campaign'. The Blue Campaign
shall be headed by a Director, who shall be appointed by the Secretary.
``(c) Purpose.--The purpose of the Blue Campaign shall be to unify
and coordinate Department efforts to address human trafficking.
``(d) Responsibilities.--The Secretary, working through the
Director, shall, in accordance with subsection (e)--
``(1) issue Department-wide guidance to appropriate Department
personnel;
``(2) develop training programs for such personnel;
``(3) coordinate departmental efforts, including training for
such personnel; and
``(4) provide guidance and training on trauma-informed
practices to ensure that human trafficking victims are afforded
prompt access to victim support service providers, in addition to
the assistance required under section 107 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105), to address their
immediate and long-term needs.
``(e) Guidance and Training.--The Blue Campaign shall provide
guidance and training to Department personnel and other Federal, State,
tribal, and law enforcement personnel, as appropriate, regarding--
``(1) programs to help identify instances of human trafficking;
``(2) the types of information that should be collected and
recorded in information technology systems utilized by the
Department to help identify individuals suspected or convicted of
human trafficking;
``(3) systematic and routine information sharing within the
Department and among Federal, State, tribal, and local law
enforcement agencies regarding--
``(A) individuals suspected or convicted of human
trafficking; and
``(B) patterns and practices of human trafficking;
``(4) techniques to identify suspected victims of trafficking
along the United States border and at airport security checkpoints;
``(5) methods to be used by the Transportation Security
Administration and personnel from other appropriate agencies to--
``(A) train employees of the Transportation Security
Administration to identify suspected victims of trafficking;
and
``(B) serve as a liaison and resource regarding human
trafficking prevention to appropriate State, local, and private
sector aviation workers and the traveling public;
``(6) utilizing resources, such as indicator cards, fact
sheets, pamphlets, posters, brochures, and radio and television
campaigns to--
``(A) educate partners and stakeholders; and
``(B) increase public awareness of human trafficking;
``(7) leveraging partnerships with State and local
governmental, nongovernmental, and private sector organizations to
raise public awareness of human trafficking; and
``(8) any other activities the Secretary determines necessary
to carry out the Blue Campaign.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new item:
``Sec. 434. Department of Homeland Security Blue Campaign.''.
SEC. 3. INFORMATION TECHNOLOGY SYSTEMS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security shall ensure, in accordance
with the Department of Homeland Security-wide guidance required under
section 434(d) of the Homeland Security Act of 2002, as added by
section 2 of this Act, the integration of information technology
systems utilized within the Department to record and track information
regarding individuals suspected or convicted of human trafficking (as
such term is defined in such section).
SEC. 4. REPORT.
Not later than 18 months after the date of the enactment of this
Act, 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 a report
that--
(1) describes the status and effectiveness of the Department of
Homeland Security Blue Campaign under section 434 of the Homeland
Security Act of 2002, as added by section 2 of this Act; and
(2) provides a recommendation regarding the appropriate office
within the Department of Homeland Security for the Blue Campaign.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $819,000 to carry out
section 434 of the Homeland Security Act of 2002, as added by section
2.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) Department of Homeland Security Blue Campaign Authorization Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize in the Department of Homeland Security (DHS) a program to be known as the Blue Campaign, the purpose of which shall be to unify and coordinate DHS efforts to address human trafficking. The campaign director shall issue DHS-wide guidance to and develop training programs for appropriate DHS personnel, coordinate departmental efforts, and provide guidance and training on trauma-informed practices to ensure that human trafficking victims are afforded prompt access to victim support service providers and assistance to address their immediate and long-term needs. Such campaign shall provide guidance and training to DHS personnel and other federal, state, tribal, and law enforcement personnel regarding: programs to help identify instances of human trafficking; the types of information that should be collected and recorded in DHS information technology systems to identify individuals suspected or convicted of human trafficking; systematic and routine information sharing within DHS and among federal, state, tribal, and local law enforcement agencies regarding such individuals and patterns and practices of human trafficking; techniques to identify suspected victims of trafficking along the U.S. border and at airport security checkpoints; methods to be used by the Transportation Security Administration (TSA) and personnel from other appropriate agencies to train TSA employees to identify suspected trafficking victims and to serve as a liaison and resource regarding human trafficking prevention to appropriate state, local, and private sector aviation workers and the traveling public; utilizing resources to educate partners and stakeholders and increase public awareness of human trafficking; and leveraging partnerships with state and local governmental, non-governmental, and private sector organizations to raise public awareness of human trafficking. (Sec. 3) DHS shall: (1) ensure the integration of information technology systems utilized within DHS to record and track information regarding individuals suspected or convicted of human trafficking; and (2) report to Congress on the status and effectiveness of, and providing a recommendation regarding the appropriate office within DHS for, the Blue Campaign. | {"src": "billsum_train", "title": "Department of Homeland Security Blue Campaign Authorization Act"} | 1,151 | 444 | 0.689568 | 1.988831 | 0.901965 | 4.784841 | 2.611247 | 0.91687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biotechnology Future Investment
Expansion Act of 2005''.
SEC. 2. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH
AND CLINICAL TRIALS.
(a) In General.--Subsection (l) of section 382 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Certain financing transactions of biomedical research
corporations.--
``(A) General rule.--In the case of a biomedical
research corporation, any owner shift involving a 5-
percent shareholder which occurs as the result of a
qualified investment or qualified transaction during
the testing period shall be treated for purposes of
this section (other than this paragraph) as occurring
before the testing period.
``(B) Biomedical research corporation.--For
purposes of this paragraph, the term `biomedical
research corporation' means, with respect to any
qualified investment, any domestic corporation subject
to tax under this subchapter which is not in bankruptcy
and which, as of the time of the closing on such
investment--
``(i) holds the rights to a drug or
biologic for which an investigational new drug
application is in effect under section 505 of
the Federal Food, Drug, and Cosmetic Act, and
``(ii) certifies that, as of the time of
such closing, the drug or biologic is, or in
the 3 month period before and after such
closing has been, under study pursuant to an
investigational use exemption under section
505(i) of the Federal Food, Drug, and Cosmetic
Act.
``(C) Qualified investment.--For purposes of this
paragraph, the term `qualified investment' means any
acquisition of stock by a shareholder (who after such
acquisition is a less than 50 percent shareholder) in a
biomedical research corporation if such stock is
acquired at its original issue (directly or through an
underwriter) solely in exchange for cash.
``(D) Qualified transaction.--For purposes of this
paragraph, the term `qualified transaction' means any
acquisition of stock in a biomedical research
corporation if such stock is acquired as part of a
merger or acquisition by another biomedical research
corporation that is a loss corporation. If the
acquiring loss corporation is a member of a controlled
group of corporations under section 1563(a), the group
must be a loss group.
``(E) Stock issued in exchange for convertible
debt.--For purposes of this paragraph, stock issued by
a biomedical research corporation in exchange for its
convertible debt (or stock deemed under this section to
be so issued) shall be treated as stock acquired by the
debt holder at its original issue and solely in
exchange for cash if the debt holder previously
acquired the convertible debt at its original issue and
solely in exchange for cash. In the case of an
acquisition of stock in exchange for convertible debt,
the requirements of this paragraph shall be applied
separately as of the time of closing on the investment
in convertible debt, and as of the time of actual
conversion (or deemed conversion under this section) of
the convertible debt for stock.
``(F) Biomedical research corporation must meet 3-
year expenditure and continuity of business tests with
respect to any qualified investment.--
``(i) In general.--This paragraph shall not
apply to a qualified investment or transaction
in a biomedical research corporation unless
such corporation meets the expenditure test for
each year of the measuring period and the
continuity of business test.
``(ii) Measuring period.--For purposes of
this subparagraph, the term `measuring period'
means, with respect to any qualified investment
or transaction, the taxable year of the
biomedical research corporation in which the
closing on the investment occurs, and the 2
preceding taxable years.
``(iii) Expenditure test.--A biomedical
research corporation meets the expenditure test
of this subparagraph for a taxable year if at
least 35 percent of its expenditures for the
taxable year (including, for purposes of this
clause, payments in redemption of its stock)
are expenditures described in section 41(b) or
clinical and preclinical expenditures.
``(iv) Continuity of business test.--A
biomedical research corporation meets the
continuity of business test if, at all times
during the 2-year period following a qualified
investment or transaction, such corporation
continues the business enterprise of such
corporation.
``(G) Effect of corporate redemptions on qualified
investments.--Rules similar to the rules of section
1202(c)(3) shall apply to qualified investments under
this paragraph except that `stock acquired in a
qualified investment' shall be substituted for
`qualified small business stock' each place it appears
therein.
``(H) Effect of other transactions between
biomedical research corporations and investors making
qualified investments.--
``(i) In general.--If, during the 2-year
period beginning 1 year before any qualified
investment, the biomedical research corporation
engages in another transaction with a member of
its qualified investment group and such
biomedical research corporation receives any
consideration other than cash in such
transaction, there shall be a presumption that
stock received in the otherwise qualified
investment transaction was not received solely
in exchange for cash.
``(ii) Qualified investment group.--For
purposes of this subparagraph, the term
`qualified investment group' means, with
respect to any qualified investment, one or
more persons who receive stock issued in
exchange for the qualified investment, and any
person related to such persons within the
meaning of section 267(b) or section 707(b).
``(iii) Regulations.--The Secretary shall
promulgate regulations exempting from this
subparagraph transactions which are customary
in the bioscience research industry and are of
minor value relative to the amount of the
qualified investment.
``(I) Regulations.--The Secretary may issue such
regulations as may be appropriate to achieve the
purposes of this paragraph, to prevent abuse, and to
provide for treatment of biomedical research
corporations under sections 383 and 384 that is
consistent with the purposes of this paragraph.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of enactment of this Act. | Biotechnology Future Investment Expansion Act of 2005 - Amends the Internal Revenue Code to permit certain biomedical research corporations to engage in investments and other transactions involving shifts in ownership without incurring limitations on net operating loss carryforwards and certain built-in losses. | {"src": "billsum_train", "title": "To permit biomedical research corporations to engage in certain financings and other transactions without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes."} | 1,411 | 59 | 0.467656 | 1.204765 | 0.733816 | 1.377778 | 28.311111 | 0.711111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportfishing and Boating Improvement
Act of 1997''.
SEC. 2. AMENDMENT OF 1950 ACT.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision of the
1950 Act, the reference shall be considered to be made to a section or
other provision of the Act entitled ``An Act to provide that the United
States shall aid the States in fish restoration and management
projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C.
777 et seq.), popularly known as the Federal Aid in Fish Restoration
Act.
SEC. 3. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is
amended--
(1) by indenting the left margin of so much of the text as
precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--'' after the
section caption;
(3) by striking ``For the purpose of this Act the'' in the
first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the text as
follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end thereof the following:
``(2) the term `outreach and communications program' means
a program to improve communications with anglers, boaters, and
the general public regarding angling and boating opportunities,
to reduce barriers to participation in these activities, to
advance adoption of sound fishing and boating practices, to
promote conservation and the responsible use of the nation's
aquatic resources, and to further safety in fishing and
boating; and
``(3) the term `aquatic resource education program' means a
program designed to enhance the public's understanding of
aquatic resources and sport-fishing, and to promote the
development of responsible attitudes and ethics toward the
aquatic environment.''.
(b) Increase in State Allocation.--Section 8 of the 1950 Act (16
U.S.C. 777g) is amended--
(1) in subsection (b) by striking ``12\1/2\ per centum''
each place it appears and inserting ``15 percent'';
(2) in subsection (c) by striking ``10 per centum'' and
inserting ``15 percent'';
(3) in subsection (c) by inserting ``and communications''
after ``outreach''; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Improvement Act of
1997, the Secretary of the Interior shall develop and
implement, in cooperation and consultation with the Sport
Fishing and Boating Partnership Council, a national plan for
outreach and communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the
development of an administrative process and funding
priorities, for outreach and communications programs;
and
``(B) for the establishment of a national program.
``(3) Secretary may match or fund programs.--Under the
plan, the Secretary may--
``(A) make grants to any State or private entity to
pay all or any portion of the cost of carrying out any
outreach or communications program under the plan; or
``(B) contract with States or private entities to
carry out such a program.
``(4) Review.--The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
``(e) State Outreach and Communications Program.--Within 12 months
after the completion of the national plan under subsection (d)(1), a
State shall develop a plan for an outreach and communications program
and submit it to the Secretary. In developing the plan, a State shall--
``(1) review the national plan developed under subsection
(d);
``(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
``(3) establish priorities for the State outreach and
communications program proposed for implementation.''.
SEC. 4. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read
as follows:
``(b) Use of Balance After Distribution.--
``(1) In general.--Of the balance of each annual
appropriation remaining after making the distribution under
subsection (a), an amount equal to $42,500,000 for each of
fiscal years 1998 through 2003 shall be used as follows:
``(A) $15,000,000 shall be transferred to the
Secretary of Transportation and shall be expended for
State recreational boating safety programs under
section 13106(a)(1) of title 46, United States Code.
``(B) $10,000,000 shall be available to the
Secretary of the Interior for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act
of 1992 (33 U.S.C. 1322 note).
``(C) $10,000,000 shall be available to the
Secretary of the Interior for obligation for qualified
projects under section (5)(d) of the Sportfishing and
Boating Improvement Act of 1997.
``(D) $7,500,000 shall be available to the
Secretary of the Interior for obligation for the
national outreach and communications program under
section 8(d).
The Secretary of the Interior shall publish a detailed
accounting of the projects, programs, and activities funded
under subparagraph (D) annually in the Federal Register. No
funds available to the Secretary under this subsection may be
used to replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes
authorized by this Act.
``(2) Amount remaining unobligated after 3 years.--Amounts
available under subparagraphs (B) and (C) of paragraph (1) that
are unobligated by the Secretary of the Interior after 3 years
shall be transferred to the Secretary of Transportation and be
expended for State recreational boating safety programs under
section 13106(a)(1) of title 46, United States Code.
``(3) Carryforward.--Amounts available for the national
outreach and education program under paragraph (1)(D) shall
remain available for 2 fiscal years after the fiscal year in
which the amounts are first available. Amounts available to the
program under that paragraph that are unobligated by the
Secretary of the Interior more than 2 years after the first
fiscal year in which the amounts are available shall be
available to the Secretary, in addition to amounts otherwise
available, for apportionment under section 4(d).''.
SEC. 5. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide funds to
States for the development and maintenance of public facilities for
transient nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended
by section 3, is amended by adding at the end thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the date
of enactment of the Sportfishing and Boating Improvement Act of
1997, the Secretary, in consultation with the States, shall
adopt a national framework for a public boat access needs
assessment which may be used by States to conduct surveys to
determine the adequacy, number, location, and quality of
facilities providing access to recreational waters for all
sizes of recreational boats.
``(2) State surveys.--Within 18 months after such date of
enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national
framework shall report its findings to the Secretary for use in
the development of a comprehensive national recreational boat
access needs assessment.
``(3) Exception.--Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the
Secretary certifies that the State has developed and is
implementing a plan that ensures there are and will be public
boat access adequate to meet the needs of recreational boaters
on its waters.
``(4) Funding.--A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to provide
that the United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved August 9, 1950
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a
State may develop and submit to the Secretary a plan for the
construction, renovation, and maintenance of public facilities, and
access to those facilities, for transient nontrailerable recreational
vessels to meet the needs of nontrailerable recreational vessels
operating on navigable waters in the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate amounts made available under section 4(b)(1)(C) of the
Act entitled ``An Act to provide that the United States shall
aid the States in fish restoration and management projects, and
for other purposes,'' approved August 9, 1950 (16 U.S.C.
777c(b)(1)(C)) to make grants to any State to pay not more than
75 percent of the cost to a State of constructing, renovating,
or maintaining public facilities for transient nontrailerable
recreational vessels.
(2) Priorities.--In awarding grants under paragraph (1),
the Secretary shall give priority to projects that--
(A) consist of the construction, renovation, or
maintenance of public facilities for transient
nontrailerable recreational vessels in accordance with
a plan submitted by a State under subsection (c);
(B) provide for public/private partnership efforts
to develop, maintain, and operate facilities for
transient nontrailerable recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient nontrailerable
recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure;
(2) ``public facilities for transient nontrailerable
recreational vessels'' includes mooring buoys, day-docks,
navigational aids, seasonal slips, or similar structures
located on navigable waters, that are available to the general
public and designed for temporary use by nontrailerable
recreational vessels; and
(4) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(f) Effective Date.--This section shall take effect on October 1,
1997.
SEC. 6. AQUATIC RESOURCES TRUST FUND.
(a) Excise Tax Amendments.--Sections 4041(a)(2) and 4081(d)(1) of
the Internal Revenue Code of 1986 are each amended by striking ``1999''
and inserting ``2005''.
(b) Trust Fund Amendments.--
(1) Section 9503 of such Code is amended--
(A) by striking ``1997'' in subsection (c)(4)(A)(i)
and inserting ``2005'';
(B) by striking subsection (c)(4)(A)(ii) and
inserting the following:
``(ii) Limit on transfers during any fiscal
year.--The aggregate amount transferred under
this subparagraph during any fiscal year shall
not exceed $60,000,000 for fiscal year 1998 and
for each fiscal year thereafter.''; and
(C) by striking ``1997'' in subsection (c)(5) and
inserting ``2005''.
(2) Section 9504 of such Code is amended--
(A) by striking ``(as in effect on October 1,
1988)'' in subsection (b)(2)(A) and in subsection (c);
and
(B) by striking ``April 1, 1998'' in subsection (c)
and inserting ``October 1, 2005''.
(c) Conforming Amendment.--Section 13106 of title 46, United States
Code, is amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2) and
subsection (c), the Secretary shall expend in each fiscal year
for State recreational boating safety programs, under contracts
with States under this chapter, an amount equal to the sum of
(A) the amount appropriated from the Boat Safety Account for
that fiscal year and (B) the amount transferred to the
Secretary under section 4(b) of the Act of August 9, 1950 (16
U.S.C. 777c(b)).''; and
(2) by striking subsection (c) and inserting the following:
``(c) Of the amount transferred for each fiscal year to the Boat
Safety Account under section 9503(c)(4)(A) of the Internal Revenue Code
of 1986, $5,000,000 is available to the Secretary for payment of
expenses of the Coast Guard for personnel and activities directly
related to carrying out the national recreational boating safety
program under this title. No funds available to the Secretary under
this subsection may be used to replace funding traditionally provided
through general appropriations, nor for any purposes except those
purposes authorized by the Act of August 9, 1950 (16 U.S.C. 777 et
seq.). Amounts made available by this subsection shall remain available
until expended. The Secretary shall publish annually in the Federal
Register a detailed accounting of the projects, programs, and
activities funded under this subsection.''. | Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to increase: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs.
Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts to carry out the plan. Requires States to develop an outreach and communications plan.
(Sec. 4) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act.
(Sec. 5) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions.
Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels.
(Sec. 6) Amends the Internal Revenue Code to extend the date on which the tax rate on diesel fuel and nonaviation gasoline decreases and the date until which amounts attributable to motorboat fuel taxes must be transferred from the Highway Trust Fund to the Boat Safety Account in the Aquatic Resources Trust Fund. Decreases the aggregate limit on transfers during any fiscal year and removes the limit on the amount in the Account. Extends the date until which amounts attributable to small-engine fuel taxes must be transferred from the Highway Trust Fund into the Sport Fish Restoration Account in the Aquatic Resources Trust Fund and the date until which Boat Safety Account funds are available for expenditures to carry out recreational boat safety provisions. | {"src": "billsum_train", "title": "Sportfishing and Boating Improvement Act of 1997"} | 3,242 | 456 | 0.495513 | 1.488063 | 0.749 | 2.427518 | 7.230958 | 0.850123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Matewan Flood Control Excess Project
Land Disposal Act of 1999''.
SEC. 2. DISPOSITION OF EXCESS PROPERTY.
(a) In General.--The United States shall convey by quit claim deed
to the Town of Matewan, West Virginia, all right, title, and interest
of the United States in and to four parcels of land deemed excess by
the Secretary of the Army, acting through the Chief of the U.S. Army
Corps of Engineers, to the structural project for flood control
constructed by the Corps of Engineers along the Tug Fork River pursuant
to section 202 of Public Law 96-367.
(b) Property Description.--The parcels of land referred to in
subsection (a) are as follows--
(1) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point on the southerly right-of-way
line of a 40-foot-wide street right-of-way (known as
McCoy Alley), having an approximate coordinate value of
N228,695, E1,662,397, in the line common to the land
designated as U.S.A. Tract No. 834, and the land
designated as U.S.A. Tract No. 837, said point being
South 51 deg.52' East 81.8 feet from an iron pin and
cap marked M-12 on the boundary of the Matewan Area
Structural Project, on the north right-of-way line of
said street, at a corner common to designated U.S.A.
Tracts Nos. 834 and 836; thence, leaving the right-of-
way of said street, with the line common to the land of
said Tract No. 834, and the land of said Tract No. 837,
South 14 deg.37' West 46 feet to the corner common
to the land of said Tract No. 834, and the land of said
Tract No. 837; thence, leaving the land of said Tract
No. 837, severing the lands of said Project,
South 14 deg.37' West 46 feet,
South 68 deg.07' East 239 feet,
North 26 deg.05' East 95 feet to a point on the
southerly right-of-way line of said street; thence,
with the right-of-way of said street, continuing to
sever the lands of said Project,
South 63 deg.55' East 206 feet; thence, leaving the
right-of-way of said street, continuing to sever the
lands of said Project,
South 26 deg.16' West 63 feet; thence, with a curve
to the left having a radius of 70 feet, a delta of
33 deg.58', an arc length of 41 feet, the chord
bearing,
South 09 deg.17' West 41 feet; thence, leaving said
curve, continuing to sever the lands of said Project,
South 07 deg.42' East 31 feet to a point on the
right-of-way line of the floodwall; thence, with the
right-of-way of said floodwall, continuing to sever the
lands of said Project,
South 77 deg.04' West 71 feet,
North 77 deg.10' West 46 feet,
North 67 deg.07' West 254 feet,
North 67 deg.54' West 507 feet,
North 57 deg.49' West 66 feet to the intersection
of the right-of-way line of said floodwall with the
southerly right-of-way line of said street; thence,
leaving the right-of-way of said floodwall and with the
southerly right-of-way of said street, continuing to
sever the lands of said Project,
North 83 deg.01' East 171 feet,
North 89 deg.42' East 74 feet,
South 83 deg.39' East 168 feet,
South 83 deg.38' East 41 feet,
South 77 deg.26' East 28 feet to the point of
beginning, containing 2.59 acres, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(2) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at an iron pin and cap designated Corner
No. M2-2 on the southerly right-of-way line of the
Norfolk and Western Railroad, having an approximate
coordinate value of N228,755 E1,661,242, and being at
the intersection of the right-of-way line of the
floodwall with the boundary of the Matewan Area
Structural Project; thence, leaving the right-of-way of
said floodwall and with said Project boundary, and the
southerly right-of-way of said Railroad,
North 59 deg.45' East 34 feet,
North 69 deg.50' East 44 feet,
North 58 deg.11' East 79 feet,
North 66 deg.13' East 102 feet,
North 69 deg.43' East 98 feet,
North 77 deg.39' East 18 feet,
North 72 deg.39' East 13 feet to a point at the
intersection of said Project boundary, and the
southerly right-of-way of said Railroad, with the
westerly right-of-way line of State Route 49/10;
thence, leaving said Project boundary, and the
southerly right-of-way of said Railroad, and with the
westerly right-of-way of said road,
South 03 deg.21' East 100 feet to a point at the
intersection of the westerly right-of-way of said road
with the right-of-way of said floodwall; thence,
leaving the right-of-way of said road, and with the
right-of-way line of said floodwall,
South 79 deg.30' West 69 feet,
South 78 deg.28' West 222 feet,
South 80 deg.11' West 65 feet,
North 38 deg.40' West 14 feet to the point of
beginning, containing 0.53 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(3) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point on the southerly right-of-way
line of the Norfolk and Western Railroad, having an
approximate coordinate value of N228,936 E1,661,672,
and being at the intersection of the easterly right-of-
way line of State Route 49/10 with the boundary of the
Matewan Area Structural Project; thence, leaving the
right-of-way of said road, and with said Project
boundary, and the southerly right-of-way of said
Railroad,
North 77 deg.49' East 89 feet to an iron pin and
cap designated as U.S.A. Corner No. M-4,
North 79 deg.30' East 74 feet to an iron pin and
cap designated as U.S.A. Corner No. M-5-1; thence,
leaving the southerly right-of-way of said Railroad,
and continuing with the boundary of said Project,
South 06 deg.33' East 102 to an iron pipe and cap
designated U.S.A. Corner No. M-6-1 on the northerly
right-of-way line of State Route 49/28; thence, leaving
the boundary of said Project, and with the right-of-way
of said road, severing the lands of said Project,
North 80 deg.59' West 171 feet to a point at the
intersection of the Northerly right-of-way line of said
State Route 49/28 with the easterly right-of-way line
of said State Route 49/10; thence, leaving the right-
of-way of said State Route 49/28 and with the right-of-
way of said State Route 49/10,
North 03 deg.21' West 42 feet to the point of
beginning, containing 0.27 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(4) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point at the intersection of the
easterly right-of-way line of State Route 49/10 with
the right-of-way line of the floodwall, having an
approximate coordinate value of N228,826 E1,661,679;
thence, leaving the right-of-way of said floodwall, and
with the right-of-way of said State Route 49/10,
North 03 deg.21' West 23 feet to a point at the
intersection of the easterly right-of-way line of said
State Route 49/10 with the southerly right-of-way line
of State Route 49/28; thence, leaving the right-of-way
of said State Route 49/10 and with the right-of-way of
said State Route 49/28,
South 80 deg.59' East 168 feet,
North 82 deg.28' East 45 feet to an iron pin and
cap designated as U.S.A. Corner No. M-8-1 on the
boundary of the Western Area Structural Project;
thence, leaving the right-of-way of said State Route
49/28, and with said Project boundary,
South 08 deg.28' East 88 feet to an iron pin and
cap designated as U.S.A. Corner No. M-9-1 point on the
northerly right-of-way line of a street (known as McCoy
Alley); thence, leaving said Project boundary and with
the northerly right-of-way of said street,
South 83 deg.01' West 38 feet to a point on the
right-of-way line of said floodwall; thence, leaving
the right-of-way of said street, and with the right-of-
way of said floodwall,
North 57 deg.49' West 180 feet,
South 79 deg.30' West 34 feet to a point of
beginning, containing 0.24 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone. | Matewan Flood Control Excess Project Land Disposal Act of 1999 - Directs the United States to convey to the Town of Matewan, West Virginia, four specified parcels of land deemed excess by the Secretary of the Army, acting through the Chief of the U.S. Army Corps of Engineers, to the structural project for flood control constructed by the Corps along the Tug Fork River. | {"src": "billsum_train", "title": "Matewan Flood Control Excess Project Land Disposal Act of 1999"} | 2,403 | 86 | 0.593103 | 1.678102 | 0.876481 | 7.811594 | 29.797101 | 0.971014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Accountability and
Institutional Reform in Education Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Federal Government is reducing spending in all
areas, including postsecondary education;
(2) reductions in postsecondary education spending fall on
students, schools, State loan guaranty agencies and lenders;
(3) the administration of postsecondary education is the
responsibility of the Department of Education; and
(4) reforms should be made to postsecondary education
programs to provide greater accountability from the Department,
educational institutions, lenders, and guarantee agencies and
to enhance institutional compliance with Department policies.
SEC. 3. STUDENT LOAN COHORT DEFAULT MANAGEMENT REFORMS.
(a) Administrative and Fiscal Procedures.--Section 428(c)(2)(A) of
the Higher Education Act of 1965 is amended by striking ``proof that
reasonable attempts were made'' and inserting ``proof that the
institution was contacted and other reasonable attempts were made''
(b) Reimbursement.--Section 428(c)(2)(G) of the Higher Education
Act of 1965 is amended by striking ``certifies to the Secretary that
diligent attempts have been made'' and inserting ``demonstrates to the
Secretary that diligent attempts, including direct contact with the
institution have been made.''.
(c) Limitation.--Section 428 of the Higher Education Act of 1965 is
amended by adding at the end the following:
``(o) Limitation.--Notwithstanding any other provision of this
section, the Secretary shall not reimburse or permit any eligible
lender, servicer, or guaranty agency (or its affiliates) who previously
filed a claim for reimbursement on a loan to retain any proceeds from
rehabilitation of a defaulted loan to the extent that such funds, when
added to the amount of prior reimbursement under this section, exceed
100 percent of the original principal of the loan.''.
(d) Notice to Secretary and Payment of Loss.--Section 430(a) of the
Higher Education Act of 1965 is amended--
(1) by inserting ``all'' after ``required to meet''; and
(2) by inserting ``the institution was contacted and
other'' after ``submit proof that''.
(e) Annual Report.--Section 430 of the Higher Education Act of 1965
is amended by adding at the end the following:
``(f) Annual Report.--The Secretary shall report annually to
Congress that lenders, servicers and guaranty agencies have attested to
their compliance with servicing and due diligence requirements, under
both statute and regulation. The Secretary shall also provide
information on the successful practices of low-default lenders,
servicers and guaranty agencies to other financial, servicing and
guaranty institutions participating in this title to encourage
duplication of successful servicing and collection programs.''.
(f) Circumstances.--Section 435(a)(2) of the Higher Education Act
of 1965 is amended by adding at the end the following:
``(D) The circumstances referred to in subparagraph (A)(ii)
shall be uniformly applied to all eligible institutions and
shall require that such an institution meet the following
criteria:
``(i) Not less than 50 percent of the students
enrolled in eligible programs qualify for an award
under subpart 1 of part A of title IV.
``(ii) The institution's student completion rate,
as calculated under the Student Right to Know
provisions of this title, is 60 percent or greater.
``(iii) The initial job placement rate of program
graduates is 60 percent or greater.''.
(g) Cohort Default Rate.--Section 435(m)(1)(B) of the Higher
Education Act of 1965 is amended by striking ``paid claims'' and
inserting ``properly paid claims as required in section 430 of this
Act''.
SEC. 4. ELIGIBLE INSTITUTION REFORM.
Section 481 (b) of the Higher Education Act of 1965 is amended--
(1) by inserting before the period at the end of the first
sentence the following: ``on the basis of a review by the
institution's independent auditor using generally accepted
accounting principles''; and
(2) by inserting before the second sentence the following:
``For the purposes of paragraph (6), revenues from sources that are not
derived from funds under this title include revenues from programs of
education or training that do not meet the definition of an eligible
program in subsection (e), but are provided on a contractual basis
under Federal, State or local training programs, to business and
industry, or to other eligible applicants. For the purposes of
determining whether an institution meets the requirements of paragraph
(6), the Secretary shall not consider the financial information of any
institution for a fiscal year that began on or before April 30,
1994.''.
SEC. 5. ACCOUNTING PROCEDURES FOR INSTITUTIONAL PROGRAM PARTICIPATION.
Section 498(c) of the Higher Education Act of 1965 is amended by
inserting ``, based on an audited financial statement using any
generally accepted accounting principles'' after ``is able''. | Federal Accountability and Institutional Reform in Education Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to revise the accountability provisions and reform certain programs of such Act.
(Sec. 3) Revises provisions for student loan cohort default management. Requires proof that the institution was contacted, under certain administrative and fiscal procedures. Requires, under certain reimbursement provisions, a demonstration (rather than a certification) to the Secretary of Education that diligent attempts, including direct contact with the institution, have been made.
Prohibits the Secretary from reimbursing or permitting any eligible lender, servicer, or guaranty agency (or its affiliates) who previously filed a claim for reimbursement on a loan to retain any proceeds from rehabilitation of a defaulted loan to the extent that such funds, when added to the amount of prior reimbursement, exceed the whole amount of the original principal of the loan. Revises provisions relating to notice to the Secretary, payment of loss, and cohort default rate.
Directs the Secretary to: (1) report annually to the Congress that lenders, servicers and guaranty agencies have attested to their compliance with servicing and due diligence requirements; and (2) provide information on the successful practices of low-default lenders, servicers, and guaranty agencies to other financial, servicing, and guaranty institutions participating in HEA student aid programs, to encourage duplication of successful servicing and collection programs. Requires that certain mitigating circumstances, which allow an institution to continue in the student loan insurance program despite its having a high default rate, be uniformly applied to all eligible institutions, requiring that they meet the following criteria: (1) at least 50 percent of the students enrolled in eligible programs qualify for a Pell grant; (2) an institution's student completion rate is 60 percent or greater; and (3) the initial job placement rate of program graduates is 60 percent or greater.
(Sec. 4) Revises the definition of proprietary institution of higher education, for purposes of eligibility for HEA student aid programs.
Requires, for purposes of the requirement that such an institution have at least 15 percent of its revenues from sources that are not derived from funds provided under HEA student aid programs, a review by the institution's independent auditor using generally accepted accounting principles. Requires further that revenues from sources that are not derived from HEA student aid program funds include revenues from programs of education or training that do not meet the definition of an eligible program, but are provided on a contractual basis under Federal, State, or local training programs, to business and industry, or to other eligible applicants. Prohibits the Secretary from considering the financial information of any institution for a fiscal year that began on or before April 30, 1994.
(Sec. 5) Revises accounting procedures for institutional program participation to require that specified information be based on an audited financial statement using any generally accepted accounting principles. | {"src": "billsum_train", "title": "Federal Accountability and Institutional Reform in Education Act of 1995"} | 1,176 | 651 | 0.70836 | 2.385329 | 0.758632 | 4.826549 | 1.80885 | 0.886726 |
SECTION 1. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended to
read as follows:
``(4) the kinds of sentence and the sentencing range
established for--
``(A) the applicable category of offense committed
by the applicable category of defendant as set forth in
the guidelines issued by the Sentencing Commission
pursuant to section 944(a)(1) of title 28, United
States Code, and that are in effect on the date the
defendant is sentenced; or
``(B) in the case of a violation of probation or
supervised release, the applicable guidelines or policy
statements issued by the Sentencing Commission pursuant
to section 994(a)(3) of title 28, United States
Code,''.
SEC. 2. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is amended by
striking ``possess illegal controlled substances'' and inserting
``unlawfully possess a controlled substance''.
SEC. 3. REVOCATION OF PROBATION.
(a) In General.--Section 3565(a) of title 18, United States Code,
is amended--
(1) in paragraph (2), by striking ``impose any other
sentence that was available under subchapter A at the time of
the initial sentencing'' and inserting ``resentence the
defendant under subchapter A''; and
(2) by striking the last sentence.
(b) Mandatory Revocation.--Section 3565(b) of title 18, United
States Code, is amended to read as follows:
``(b) Mandatory Revocation for Possession of Controlled Substance
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
``(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or
otherwise violates a condition of probation prohibiting the
defendant from possessing a firearm; or
``(3) refuses to comply with drug testing imposed as a
condition of probation;
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.''.
SEC. 4. SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d), by striking ``possess illegal
controlled substance'' and inserting ``unlawfully possess a
controlled substance'';
(2) in subsection (e)--
(A) by striking ``person'' each place it appears in
such subsection and inserting ``defendant''; and
(B) by amending paragraph (3) to read as follows:
``(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for the offense that
resulted in such term of supervised release without credit for
time previously served on postrelease supervision, if the
court, pursuant to the Federal Rules of Criminal Procedure
applicable to revocation of probation or supervised release,
finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a
defendant whose term is revoked under this paragraph may not be
required to serve more than 5 years in prison if the offense
that resulted in the term of supervised release is a class A
felony, more than 3 years in prison if such offense is a class
B felony, more than 2 years in prison if such offense is a
class C or D felony, or more than one year in any other case;
or''; and
(3) by striking subsection (g) and inserting the following:
``(g) Mandatory Revocation for Possession of Controlled Substance
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
``(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or
otherwise violates a condition of supervised release
prohibiting the defendant from possessing a firearm; or
``(3) refuses to comply with drug testing imposed as a
condition of supervised release;
the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum
term of imprisonment authorized under subsection (e)(3).
``(h) Supervised Release Following Revocation.--When a term of
supervised release is revoked and the defendant is required to serve a
term of imprisonment that is less than the maximum term of imprisonment
authorized under subsection (e)(3), the court may include a requirement
that the defendant be placed on a term of supervised release after
imprisonment. The length of such a term of supervised release shall not
exceed the term of supervised release authorized by statute for the
offense that resulted in the original term of supervised release, less
any term of imprisonment that was imposed upon revocation of supervised
release.
``(i) Delayed Revocation.--The power of the court to revoke a term
of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term of
supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis of an
allegation of such a violation.''. | Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the U.S. Sentencing Commission.
Revises provisions regarding the revocation of probation to: (1) authorize the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation; and (2) provide for mandatory revocation for possession of a controlled substance or firearm or refusal to comply with drug testing imposed as a condition of probation and resentencing of the defendant to a sentence that includes a term of imprisonment.
Directs the court to revoke supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of release without credit for time previously served on post-release supervision if the court finds that the defendant violated a condition of supervised release, with exceptions. Provides for mandatory revocation of supervised release for possession of a controlled substance or firearm or refusal to comply with drug testing imposed as a condition of supervised release.
Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of supervised release shall not exceed that authorized by statute for the offense that resulted in the original term of release, minus any term of imprisonment that was imposed upon revocation of supervised release. | {"src": "billsum_train", "title": "To amend title 18, United States Code, with respect to terms of imprisonment and supervised release following revocation of a term of probation or supervised release."} | 1,328 | 378 | 0.60538 | 1.894624 | 0.920893 | 4.769968 | 3.70607 | 0.916933 |
.--
(1) In general.--Not later than 180 days after the date on
which a Commission report is submitted under section 2(f)(3),
the President shall transmit to Congress a special message
accompanied by a proposed joint resolution.
(2) Requirements for preparation of proposed joint
resolution.--
(A) Consultation with congress.--
(i) In general.--The President may not
transmit a proposed joint resolution under
paragraph (1) until after the President
completes consultation with Congress in
accordance with this subparagraph.
(ii) Consultation with committees.--The
President shall consult with the chairman and
ranking minority member of each relevant
committee of the Senate or of the House of
Representatives regarding the contents of a
proposed joint resolution.
(iii) Requirements for consultation.--The
consultation required under clause (ii) shall
provide the opportunity for the chairman and
ranking member of each relevant committee of
the Senate or of the House of Representatives
to provide--
(I) substantive feedback or
recommendations relating to the
Commission report and how best to
legislatively address the
recommendations contained in the
Commission report;
(II) recommendations for
alternative means of addressing the
recommendations contained in the
Commission report; and
(III) recommendations regarding
which recommendations contained in the
Commission report should not be
addressed in the proposed joint
resolution.
(iv) Relevant committees.--The relevant
committees of the Senate and the House of
Representatives for purposes of this
subparagraph shall be--
(I) determined by the President;
and
(II) based on the content of the
proposed joint resolution.
(B) Consultation with gao and cbo.--The President
shall prepare a proposed joint resolution transmitted
under paragraph (1) in consultation with the
Comptroller General of the United States and the
Director of the Congressional Budget Office.
(3) Contents of special message.--A special message
transmitted under paragraph (1) shall--
(A) specify recommendations outlined in the
Commission report that are excluded from the proposed
joint resolution;
(B) detail why the recommendations described in
subparagraph (A) were excluded from the proposed joint
resolution;
(C) specify recommendations outlined in the
Commission report that are included in the proposed
joint resolution; and
(D) identify programs included in the Commission
report that should be eliminated or consolidated.
(4) Transmittal.--The President shall submit the special
message to the Secretary of the Senate if the Senate is not in
session and to the Clerk of the House of Representatives if the
House is not in session.
(5) Public availability.--The President shall make a copy
of the special message and the proposed joint resolution
publicly available, and shall publish in the Federal Register a
notice of the message and information on how it can be
obtained.
(c) Introduction by Leaders.--
(1) In the house of representatives.--
(A) In general.--Not later than 30 days on which
the House of Representatives is in session after the
date on which the President transmits a proposed joint
resolution under subsection (b), the proposed joint
resolution shall be introduced in the House of
Representatives (by request) by the majority leader of
the House of Representatives or by a Member of the
House of Representatives designated by the majority
leader of the House of Representatives.
(B) Joint resolution not introduced.--
(i) In general.--If, within 31 days on
which the House of Representatives is in
session after the date on which the President
transmits a proposed joint resolution under
subsection (b), the proposed joint resolution
is not introduced in accordance with
subparagraph (A), it shall be in order for the
minority leader of the House of Representatives
or a Member of the House of Representatives
designated by the minority leader of the House
of Representatives to introduce the proposed
joint resolution.
(ii) Joint resolution introduction by
others.--If, within 40 days on which the House
of Representatives is in session after the date
on which the President transmits a proposed
joint resolution under subsection (b), the
proposed joint resolution is not introduced in
accordance with subparagraph (A) or clause (i)
of this subparagraph, it shall be in order for
any member of the House of Representatives to
introduce the proposed joint resolution in the
House of Representatives.
(2) In the senate.--
(A) In general.--Not later than 30 days on which
the Senate is in session after the date on which the
President transmits a proposed joint resolution under
subsection (b), the proposed joint resolution shall be
introduced in the Senate (by request) by the majority
leader of the Senate or by a Member of the Senate
designated by the majority leader of the Senate.
(B) Joint resolution not introduced.--
(i) In general.--If, within 31 days on
which the Senate is in session after the date
on which the President transmits a proposed
joint resolution under subsection (b), the
proposed joint resolution is not introduced in
accordance with subparagraph (A), it shall be
in order for the minority leader of the Senate
or a Member of the Senate designated by the
minority leader of the Senate to introduce the
proposed joint resolution.
(ii) Joint resolution introduction by
others.--If, within 40 days on which the Senate
is in session after the date on which the
President transmits a proposed joint resolution
under subsection (b), the proposed joint
resolution is not introduced in accordance with
subparagraph (A) or clause (i) of this
subparagraph, it shall be in order for any
member of the Senate to introduce the proposed
joint resolution. | Fiscal Responsibility Act of 2016 or the FIRE Act This bill requires the President and the congressional leadership to appoint members of a National Commission on Fiscal Responsibility and Reform within 180 days of the inauguration of a President. The commission must identify policies to improve the fiscal situation in the medium-term and to achieve fiscal sustainability over the long-term. In carrying out these duties, the commission must propose recommendations to: (1) balance the budget, excluding interest payments on the debt, within 10 years, in order to stabilize the debt-to-GDP (gross domestic product) ratio at an acceptable level; and (2) meaningfully improve the long-term fiscal outlook, including changes to address the growth of entitlement spending and the gap between projected revenues and expenditures. Within one year of the appointment of its members, the commission must vote on a report including the required recommendations. The commission may only issue a final report to be submitted to Congress if at least 12 of its 18 members approve the report. Each commission terminates 30 days after submitting a report to Congress. After consulting with Congress and specified agencies, the President must submit to Congress a joint resolution containing the legislative text necessary to implement the recommendations contained in a report submitted to Congress. The resolution must be accompanied by a special message that includes specified details regarding recommendations of the commission that are excluded from or included in the resolution. Congress must consider the joint resolution using expedited legislative procedures specified in the bill. | {"src": "billsum_train", "title": "FIRE Act"} | 1,193 | 307 | 0.565651 | 1.599658 | 0.640334 | 0.958478 | 3.986159 | 0.584775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Judiciary Emergency Tolling
Act of 2006''.
SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL PROCEEDINGS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Emergency authority to delay or toll judicial deadlines
``(a) Tolling in District Courts.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
Federal or State law or rule that applies in the courts of the
United States, the chief judge of a district court that has
been affected may exercise emergency authority in accordance
with this section.
``(2) Scope of authority.--(A) The chief judge may enter
such order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter filed
in the district court or bankruptcy court of the district.
``(B) Except as provided in subparagraph (C), the authority
conferred by this section extends to all laws and rules
affecting criminal and juvenile proceedings (including,
prearrest, post-arrest, pretrial, trial, and post-trial
procedures), civil actions, bankruptcy proceedings, and the
time for filing and perfecting an appeal.
``(C) The authority conferred by this section does not
include the authority to extend--
``(i) any statute of limitation for a criminal
action; or
``(ii) any statute of limitation for a civil
action, if--
``(I) the claim arises under the laws of a
State; and
``(II) extending the limitations period
would be inconsistent with the governing State
law.
``(3) Unavailability of chief judge.--If the chief judge of
the district is unavailable, the authority conferred by this
section may be exercised by the district judge in regular
active service who is senior in commission or, if no such judge
is available, by the chief judge of the circuit that includes
the district.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(b) Criminal Cases.--In exercising the authority under subsection
(a) for criminal cases, the court shall consider the ability of the
United States Government to investigate, litigate, and process
defendants during and after the emergency situation, as well as the
ability of criminal defendants as a class to prepare their defenses.
``(c) Tolling in Courts of Appeals.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
federal or States law or rule that applies in the courts of the
United States, the chief judge of a court of appeals that has
been affected or that includes a district court so affected may
exercise emergency authority in accordance with this section.
``(2) Scope of authority.--The chief judge may enter such
order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending in the court of
appeals.
``(3) Unavailability of chief judge.--If the chief judge of
the circuit is unavailable, the authority conferred by this
section may be exercised by the circuit judge in regular active
service who is senior in commission.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(d) Issuance of Orders.--The Attorney General or the Attorney
General's designee may request issuance of an order under this section,
or the chief judge of a district or of a circuit may act on his or her
own motion.
``(e) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that, if the chief judge (whether of a district or of a circuit)
determines that an emergency situation requires additional extensions
of the period during which deadlines are tolled or extended, the chief
judge may, with the consent of the judicial council of the circuit,
enter additional orders under this section in order to further toll or
extend such time deadline.
``(f) Notice.--A court issuing an order under this section--
``(1) shall make all reasonable efforts to publicize the
order, including announcing the order on the web sites of all
affected courts and the web site of the Federal judiciary; and
``(2) shall, through the Director of the Administrative
Office of the United States Courts, send notice of the order,
including the reasons for the issuance of the order, to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(g) Required Reports.--A court issuing one or more orders under
this section relating to an emergency situation shall, not later than
180 days after the date on which the last extension or tolling of a
time period made by the order or orders ends, submit a brief report to
the Committee on the Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, and the Judicial Conference
of the United States describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the judiciary resulting from the orders.
``(h) Exceptions.--The notice under subsection (f)(2) and the
report under subsection (g) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 28, United States Code, is amended by adding at
the end the following new item:
``1660. Emergency authority to delay or toll judicial deadlines.''.
Passed the House of Representatives July 17, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Federal Judiciary Emergency Tolling Act of 2006 - Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district, or for any class of cases pending in the court of appeals, in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court.
Extends such tolling authority to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal.
Excludes from such authority, however, any statute of limitation for: (1) a criminal action; or (2) a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law.
Allows the exercise of such authority, in the absence of the chief judge, by: (1) the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district; or (2) by the senior circuit judge of appeals in regular active service.
Declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus. | {"src": "billsum_train", "title": "To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts."} | 1,534 | 355 | 0.802925 | 2.429674 | 0.881991 | 5.679612 | 4.449838 | 0.97411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Law Enforcement Emergency
Response Act of 2007''.
SEC. 2. LAW ENFORCEMENT EMERGENCIES.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) by redesignating paragraphs (9) through (15) as
paragraphs (10) through (16), respectively;
(2) by inserting after paragraph (8) the following:
``(9)(A) Each institution of higher education participating
in any program under this title shall develop and distribute as
part of the report described in paragraph (1)--
``(i) a statement of policy regarding the
institution's law enforcement emergency response
program; and
``(ii) statistics concerning the occurrence of law
enforcement emergencies on the campus of the
institution.
``(B) In this paragraph:
``(i) The term `campus' has the meaning given the
term in paragraph 6(A)(i), except that the term
includes--
``(I) a noncampus building or property, as
defined in paragraph (6)(A)(ii), of an
institution of higher education; and
``(II) any public property, as defined in
paragraph (6)(A)(iii), of an institution of
higher education.
``(ii) The term `law enforcement emergency' means a
shooting, the presence of an armed and dangerous
person, a bomb threat, the presence of an unauthorized
hazardous or toxic material that poses a threat to
health and safety, a lock-down, a reverse evacuation,
or any other comparable type of incident, on the campus
of an institution of higher education, that involves
the participation of one or more law enforcement
agencies.
``(C) The policy described in subparagraph (A) shall
address the following:
``(i) Procedures students, employees, and others on
the campus of the institution will be directed to
follow if a law enforcement emergency occurs.
``(ii) Procedures the institution and law
enforcement agencies will follow to inform students,
employees, and others on the campus of the institution
about a law enforcement emergency on the campus and
will follow to direct the actions of the students,
employees, and others. Such procedures may include e-
mail alerts, telephone alerts, text-message alerts,
radio announcements, television alerts, audible alert
signals, and public address announcements.
``(D) Each institution participating in any program under
this title shall test the institution's law enforcement
emergency response policy and procedures on at least an annual
basis.
``(E) Each institution participating in any program under
this title shall make reports to the students, employees, and
others on the campus of the institution, not later than 30
minutes after the discovery of a law enforcement emergency on
the campus, through the procedures described in subparagraph
(C)(ii).
``(F) The Secretary and the Attorney General shall jointly
have the authority--
``(i) to review, monitor, and ensure compliance
with this paragraph;
``(ii) to advise institutions of higher education
on model law enforcement emergency response policies,
procedures, and practices; and
``(iii) to disseminate information concerning those
policies, procedures, and practices.
``(G) Campus law enforcement emergency response grants.--
``(i) Program authority.--The Secretary may make
grants to institutions of higher education or consortia
of such institutions, or enter into contracts with such
institutions, consortia, and other organizations, to
develop, implement, operate, improve, test, or
disseminate campus law enforcement emergency response
policies, procedures, or programs.
``(ii) Awards.--Grants and contracts under this
subparagraph shall be awarded--
``(I) on a competitive basis; and
``(II) for a period not to exceed 1 year.
``(iii) Applications.--An institution of higher
education, a consortium, or an organization that
desires to receive a grant or enter into a contract
under this subparagraph shall submit an application to
the Secretary at such time, in such manner, and
containing or accompanied by such information as the
Secretary may reasonably require by regulation.
``(iv) Participation.--In awarding grants and
contracts under this subparagraph, the Secretary shall
make every effort to ensure--
``(I) the equitable participation of
institutions of higher education that are
eligible to participate in programs under this
title;
``(II) the equitable geographic
participation of such institutions; and
``(III) the equitable participation of such
institutions with large and small enrollments.
``(v) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subparagraph $5,000,000 for fiscal year 2008 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Campus Law Enforcement Emergency Response Act of 2007 - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in any program under title IV (Student Assistance) to include information concerning its law enforcement emergency response program and the occurrence of campus law enforcement emergencies in the annual campus security report it must provide to current and prospective students and employees.
Requires such an IHE to: (1) test annually its law enforcement emergency response program; and (2) inform those on campus of any school law enforcement emergency within 30 minutes of discovering it.
Authorizes the Secretary of Education to make competitive grants to IHEs or consortia of IHEs, or enter into competitive contracts with IHEs, consortia, and other organizations, to develop, implement, operate, improve, test, or disseminate campus law enforcement emergency response programs.
Defines "campus" for purposes of this Act to include property controlled by recognized student organizations, off-campus school-related property, and certain public property used by and adjacent to the school. | {"src": "billsum_train", "title": "A bill to amend section 485(f) of the Higher Education Act of 1965 regarding law enforcement emergencies."} | 1,089 | 227 | 0.541642 | 1.495673 | 0.861985 | 2.757426 | 5.074257 | 0.816832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperative
Antiterrorism Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The use of terrorism is detestable and an illegitimate
means of political expression.
(2) International terrorist organizations pose a direct
threat to the United States, and this threat is becoming more
acute and more difficult to prevent.
(3) The threat from international terrorism is made far
more dangerous by the proliferation of chemical, biological,
and radiological weapons and the means to produce those
weapons.
(4) The prosecution of the war against international
terrorist organizations must continue until those organizations
and the threat they pose to the people and interests of the
United States are eliminated.
(5) The United States can only win the war on terrorism if
it receives cooperation from other countries and entities.
(6) Protecting the United States homeland and United States
interests overseas from terrorism is of the highest priority in
the foreign relations of the United States.
(7) Cooperation in the global war against international
terrorism must be a primary focus of United States foreign
relations, United States assistance, and international security
relations.
(8) Winning the war on terrorism requires cooperation from
the international community, especially in the areas of
preventing the financing of terror, sharing information on
international terror networks, eliminating terror cells, and in
preventing the promotion of anti-Americanism and the
glorification of terrorism in state-owned media and state-
controlled schools.
(9) The promotion of terrorism, intolerance, and virulent
anti-Americanism in state-owned media and state-controlled
education systems is abhorrent and poses a long-term threat to
the safety and security of the United States as well as the
community of nations.
(10) All countries and entities must be encouraged to
cooperate in the global war on international terrorism.
(11) Many foreign governments and entities are doing little
to counter proterrorist and prointolerance messages to mass
audiences, including to school age children.
(12) Countries providing direct or indirect assistance to
international terrorist organizations undermine the direct
security interests of the United States.
(13) Countries demonstrating indifference to or providing
actual endorsement of international terror as a legitimate
political tool make a direct threat to the security interests
of the United States.
(14) The National Commission on Terrorism established by
section 591 of the Foreign Operations Export Financing, and
Related Programs Appropriations Act, 1999, as enacted by Public
Law 105-277 (112 Stat. 2681-210), concluded that the United
States should strengthen its efforts to discourage the broad
range of assistance that countries provide to international
terrorists.
(15) The National Commission on Terrorism further
recommends that the President make more effective use of
authority to designate foreign governments as ``not fully
cooperative'' with the United States counterterrorism efforts.
(16) United States assistance programs and the transfer of
United States Munitions List items are a critical tool of
United States foreign policy and winning the global war on
terrorism.
(17) Countries receiving United States assistance and the
export of items on the United States Munitions List must be
obligated to support the global war on international terror.
(18) Several existing laws, including the USA Patriot Act
of 2001, the Antiterrorism and Effective Death Penalty Act of
1996, the Foreign Assistance Act of 1961, the Arms Export
Control Act, and the Export Administration Act of 1979 (or
successor statute), prohibit the provision of United States
assistance, and the licensing for export of items on the United
States Munitions List, to countries supporting terror or not
fully cooperating in antiterror efforts of the United States.
These laws should be expanded to include the definition of
``fully cooperative in the global war against international
terrorism'' set forth in this Act, including preventing
promotion of terror in state-owned and controlled media and
educational systems.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States that--
(1) no United States assistance may be provided to any
foreign country or entity that is not making a maximum effort
to be fully cooperative in the global war against international
terrorism; and
(2) no license for export of an item on the United States
Munitions List to a country or entity may be issued if that
country or entity is not making a maximum effort to be fully
cooperative in the war against international terrorism.
SEC. 4. PROHIBITION ON UNITED STATES ASSISTANCE AND COMMERCIAL ARMS
EXPORTS.
(a) United States Assistance.--No United States assistance, other
than humanitarian assistance and cooperative nonproliferation and
counterproliferation programs, may be provided to any country or entity
if the President determines that such country or entity is not making a
maximum effort to be fully cooperative in the global war against
international terrorism.
(b) Commercial Arms Exports.--No license for the export of an item
on the United States Munitions List to any country or entity may be
issued if the President determines that such country or entity is not
making a maximum effort to be fully cooperative in the global war
against international terrorism.
SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.
(a) Requirement for Report.--The President, in consultation with
the Secretary of State, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Director of Central Intelligence, shall prepare an
annual report that--
(1) lists each country or entity for which the President
has determined that there is credible evidence that such
country or entity is not being fully cooperative in the global
war against international terrorism under section 4; and
(2) describes for each country or entity listed under
paragraph (1)--
(A) the specific failures of each country or entity
to be fully cooperative in the global war on
international terrorism;
(B) the reasons why such country or entity is not
fully cooperative;
(C) the efforts being made by the United States
Government to promote greater adherence by such
countries or entities with the global war on
international terrorism; and
(D) any removal of a country or entity from the
list in paragraph (1).
(b) Dissemination.--The report required by this section shall--
(1) be submitted to Congress every year by December 31; and
(2) not be classified, except that the report may contain a
classified addendum, if necessary.
SEC. 6. PRESIDENTIAL WAIVER.
United States assistance or exports prohibited by section 4 may be
provided to a country or entity described in that section if the
President--
(1) determines that permitting such assistance or exports
is essential to the national security interests of the United
States; and
(2) not later than 15 days before permitting such
assistance or exports, furnishes a report describing the United
States assistance or exports to be provided to the appropriate
committees of Congress.
SEC. 7. DEFINITIONS.
In this Act:
(1) Expression of support for terrorism against the united
states.--The term ``expression of support for terrorism against
the United States'' means actions or expressions that are
designed to provoke anti-American action, especially of a
violent nature, or to glorify the use of violence against
citizens or government officials of the United States.
(2) Fully cooperative in the global war against
international terrorism.--The term ``fully cooperative in the
global war against international terrorism'' means a country or
entity that is--
(A) preventing the financing of terrorism,
including preventing--
(i) direct financial payments to any
terrorist organization;
(ii) any terrorist organization or any
entity supporting a terrorist organization from
receiving financial services such as brokering,
lending, or transferring currency or credit;
(iii) any person from soliciting funds or
items of value for a terrorist group; and
(iv) any humanitarian or other
nongovernmental organization from providing
financial support to terrorist organizations;
(B) sharing intelligence information with the
United States, including--
(i) releasing information to the United
States related to any terrorist organization;
(ii) cooperating in investigations
conducted by the United States; and
(iii) providing, to the extent possible,
individuals suspected of or supporting
terrorist organizations to United States
investigators; and
(C) acting against terrorist organizations,
including--
(i) preventing terrorist organizations from
committing or inciting to commit terrorist acts
against the United States or its interests
overseas;
(ii) preventing terrorist organizations
from operating safe houses or providing
transportation, communication, false
documentation, identification, weapons
(including chemical, biological, or
radiological weapons), explosives, or training
to terrorists; and
(iii) in the cases of a country--
(I) investigating suspected
terrorists within its national
territory;
(II) enforcing international
agreements and United Nations Security
Council Resolutions against terrorism;
and
(III) curbing any domestic
expression of support for terrorism
against the United States and its
allies in state-owned media, state-
sanctioned gatherings, state-governed
religious institutions, and state-
sanctioned school and textbooks.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means any humanitarian goods and services,
including foodstuffs, medicines, and health assistance
programs.
(4) Terrorist organization.--The term ``terrorist
organization'' means an organization designated as a foreign
terrorist organization by the Secretary of State under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(5) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
(6) United states munitions list.--The term ``United States
Munitions List'' means the defense articles and defense
services controlled by the President under section 38 of the
Arms Export Control Act (22 U.S.C. 2778). | International Cooperative Antiterrorism Act of 2002 - Prohibits the provision of U.S. assistance (except humanitarian assistance and cooperative nonproliferation and counterproliferation programs), or the issuance of a license for the export of an item on the U.S. Munitions List, to any country or entity that the President has determined is not making a maximum effort to be fully cooperative in the global war against international terrorism. Authorizes the President to waive the requirements of this Act in the national security interests of the United States. | {"src": "billsum_train", "title": "A bill to prohibit United States assistance and commercial arms exports to countries and entities supporting international terrorism."} | 2,227 | 117 | 0.494513 | 1.335623 | 0.545834 | 4.065934 | 23.549451 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The TEACHER-Tax Credit Act''.
SEC. 2. CREDIT FOR TEACHING EXPENSES, PROFESSIONAL DEVELOPMENT
EXPENSES, AND INTEREST ON HIGHER EDUCATION LOANS OF
PUBLIC ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. TEACHING EXPENSES, PROFESSIONAL DEVELOPMENT EXPENSES, AND
INTEREST ON HIGHER EDUCATION LOANS OF PUBLIC ELEMENTARY
AND SECONDARY SCHOOL TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
``(1) the qualified education expenses paid or incurred by
the taxpayer during the taxable year,
``(2) the qualified professional development expenses paid
or incurred by the taxpayer during the taxable year, and
``(3) interest paid by the taxpayer during the taxable year
on any qualified education loan.
``(b) Maximum Credit.--The credit allowed by subsection (a) for the
taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Eligible teacher.--The term `eligible teacher' means
an individual who is a kindergarten through grade 12 classroom
teacher, instructor, counselor, aide, or principal in a public
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, as in effect of the date
of enactment of this section.
``(3) Qualified education expenses.--The term `qualified
education expenses' means expenses for books, supplies (other
than nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including related
software and services) and other equipment, and supplementary
materials used by an eligible teacher in the classroom.
``(4) Qualified professional development expenses.--
``(A) In general.--The term `qualified professional
development expenses' means expenses--
``(i) for tuition, fees, books, supplies,
and equipment required for the enrollment or
attendance of an individual in a qualified
course of instruction, and
``(ii) with respect to which a deduction is
allowable under section 162 (determined without
regard to this section).
``(B) Qualified course of instruction.--The term
`qualified course of instruction' means a course of
instruction which--
``(i) directly relates to the curriculum
and academic subjects in which an eligible
teacher provides instruction,
``(ii) is designed to enhance the ability
of an eligible teacher to understand and use
State standards for the academic subjects in
which such teacher provides instruction,
``(iii) provides instruction in how to
teach children with different learning styles,
particularly children with disabilities and
children with special learning needs (including
children who are gifted and talented),
``(iv) provides instruction in how best to
discipline children in the classroom and
identify early and appropriate interventions to
help children described clause (iii) learn, or
``(v) is tied to strategies and programs
that demonstrate effectiveness in increasing
student academic achievement and student
performance, or substantially increasing the
knowledge and teaching skills of the eligible
teacher.
``(5) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(e)(1), but only with respect to qualified higher education
expenses of the taxpayer.
``(d) Denial of Double Benefit.--
``(1) In general.--No deduction or other credit shall be
allowed under this chapter for any amount taken into account
for which credit is allowed under this section.
``(2) Coordination with exclusions.--A credit shall be
allowed under subsection (a) for qualified professional
development expenses only to the extent the amount of such
expenses exceeds the amount excludable under section 135,
529(c)(1), or 530(d)(2) for the taxable year.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Teaching expenses,
professional development
expenses, and interest on
higher education loans of
public elementary and secondary
school teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | TEACHER-Tax Credit Act - Amends the Internal Revenue Code to provide an annual credit of up to $1,000 to public kindergarten, elementary, and secondary school teachers, instructors, counselors, aides, and principals for: (1) qualified education expenses; (2) qualified professional development expenses; and (3) interest paid on any qualified education loan. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide incentives to public elementary and secondary school teachers by providing a tax credit for teaching expenses, professional development expenses, and student education loans."} | 1,205 | 74 | 0.613508 | 1.316857 | 0.847619 | 2.652174 | 15.362319 | 0.855072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adult Day Center Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) One in 6 people in the United States lives with a
neurological disease or condition that can often result in
disability, and which may require the individual to seek
assistance in carrying out the activities of daily living.
Neurological diseases or conditions such as multiple sclerosis
(MS), early-onset Parkinson's disease, and traumatic brain
injury (TBI) can also typically affect younger adults in the
middle of their lives.
(2) Multiple sclerosis is a chronic, often disabling
disease that attacks the central nervous system with symptoms
ranging from numbness in limbs to paralysis and loss of vision.
Most people with MS are diagnosed between the ages of 20 and 50
years of age. MS is a leading cause of disability in young
adults. Persons living with MS who experience more severe forms
of the disease are likely to require either home care or
nursing home placement, though the vast majority would prefer
to remain at home to receive the care they need. Where home
care is concerned, approximately 80 percent of such care is
provided by informal, unpaid caregivers who are generally
family members.
(3) Parkinson's disease is a chronic, progressive
neurological disease. The four primary symptoms of Parkinson's
disease are tremor, or trembling in hands, arms, legs, jaw, and
face; rigidity, or stiffness of the limbs and trunk;
bradykinesia, or slowness of movement; and postural
instability, or impaired balance and coordination. Other
symptoms may include cognitive changes; difficulty in
swallowing, chewing, and speaking; urinary problems or
constipation; skin problems; and sleep disruptions. As these
symptoms become more pronounced, patients may have difficulty
walking, talking, or completing other simple tasks. It is
estimated that nearly 500,000 to 1,500,000 people live with
Parkinson's and of those 5 to 10 percent are diagnosed younger
than 60 and deemed ``early-onset''.
(4) Traumatic brain injury is a neurological condition that
typically results from a blow or jolt to the head or a
penetrating head injury and that can impact one or more parts
of the brain, thereby temporarily or permanently disrupting
normal brain function. The Centers for Disease Control and
Prevention estimates that 1,400,000 TBIs occur annually,
resulting in disabilities affecting up to 90,000 people among a
broad range of age groups. Traumatic brain injury is also a
serious issue that affects military servicemembers. Estimates
in prior military conflicts indicate that TBI was present in
14-20 percent of surviving casualties.
(5) Family caregivers are a crucial source of support and
assistance for individuals suffering with disabilities. Family
caregivers, the majority of whom are women, provide an
estimated $450,000,000,000 in ``free'' services annually. The
current pool of potential family caregivers is dwindling, from
11 potential caregivers for each person needing care today to a
projected 4 to 1 ratio by 2050.
(6) Recent studies indicate that the total estimated cost
to employers for full-time employees with intensive caregiving
responsibilities is $17,100,000,000. The total estimated cost
to employers for all full-time, employed caregivers is
$33,600,000,000 annually.
(7) Currently more than half of care recipients (56
percent) are under age 75, and almost one-third (28 percent)
are under age 50 reflecting the need to offer age-appropriate
services.
(8) Adult day programs can offer services, including
medical care, rehabilitation therapies, dignified assistance
with the activities of daily living, nutrition therapy, health
monitoring, social interaction, stimulating activities, and
transportation to seniors, people with disabilities, and
younger adults with chronic diseases.
(9) Adult day programs geared toward people living with
neurological diseases or conditions such as MS, Parkinson's
disease, TBI, or other similar diseases or conditions provide
an important response to the needs of people living with these
conditions and their caregivers. Adult day programs can help to
ameliorate symptoms, reduce dependency, provide important
socialization opportunities, and maintain quality of life.
(10) Adult day programs have been shown to provide a range
of documented benefits including improvements in functional
status, social support, and reductions in fatigue, depression
and pain. Adult day programs also reduce ongoing medical care
and hospital costs and decrease admissions to nursing home
facilities, which can be costly for many families, by allowing
individuals to receive health and social services while
continuing to live at home.
(11) There are currently few adult day programs focused on
younger adult populations in the United States. Although young
people living with neurological diseases or conditions may be
able to access existing adult day programs, such programs are
not typically intended for younger adults living with chronic
diseases or conditions, and may not provide the appropriate
services to meet the age-related or disability status of these
individuals.
SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.
(a) Survey of Existing Adult Day Programs.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Assistant Secretary for
Aging shall initiate a comprehensive survey of current adult
day programs that provide care and support to individuals
including young adults living with neurological diseases or
conditions such as multiple sclerosis, Parkinson's disease,
traumatic brain injury, or any similar disease or condition.
(2) Survey elements.--In carrying out the survey under
paragraph (1), the Assistant Secretary for Aging may utilize
existing publicly available research on adult day programs, and
shall--
(A) identify ongoing successful adult day programs,
including by providing a brief description of how such
programs were initially established and funded;
(B) identify which adult day programs are serving
young adults living with neurological diseases or
conditions;
(C) develop a set of best practices to help guide
the establishment and replication of additional
successful adult day programs, including--
(i) program guidelines;
(ii) recommendations on the scope of
services that should be provided to individuals
with neurological diseases or conditions
including young adults (which may include
rehabilitation therapy, psychosocial support,
social stimulation and interaction, and
spiritual, educational, or other such
services); and
(iii) performance goals and indicators to
measure and analyze the outcomes generated by
the services provided and to evaluate the
overall success of the program; and
(D) evaluate the extent to which the Administration
for Community Living supports adult day programs,
either directly or indirectly, through current Federal
grant programs.
(3) Report.--Not later than 180 days after initiating the
survey under paragraph (1), the Assistant Secretary for Aging
shall produce and make publicly available a summary report on
the results of the survey. Such report shall include each of
the elements described in paragraph (2).
(b) Establishment of Grant Program.--
(1) In general.--Not later than 90 days after producing the
report required by subsection (a)(3), the Assistant Secretary
for Aging shall establish within the Administration for
Community Living a competitive grant program for awarding
grants annually to eligible entities, based on the best
practices developed under subsection (a), to fund adult day
programs serving younger people with neurological diseases or
conditions.
(2) Eligible entities.--In order to be eligible for a grant
under this subsection, an entity shall demonstrate the
following:
(A) Understanding of the special needs of younger
people living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's disease,
traumatic brain injury, or other similar diseases or
conditions, including their functional abilities and
the potential complications across all types of cases
and stages of such diseases or conditions.
(B) Understanding of the issues experienced by
family caregivers who assist a family member with
neurological diseases or conditions such as multiple
sclerosis, Parkinson's disease, traumatic brain injury,
or other similar diseases or conditions.
(C) A capacity to provide the services recommended
by the best practices developed under subsection (a).
(3) Additional selection requirement.--The Assistant
Secretary for Aging shall not award a grant to an entity under
this subsection if the amount of the award would constitute
more than 40 percent of the operating budget of the entity in
the fiscal year for which funds for the grant are authorized to
be expended. For purposes of this subsection, the fair market
value of annual in-kind contributions of equipment or services
shall be considered as part of the operating budget of the
entity.
(4) Selection of grant recipients.--Not later than 90 days
after establishing the grant program under this subsection, the
Assistant Secretary for Aging shall award the first annual
series of grants under the program. In awarding grants under
this subsection, the Assistant Secretary should ensure, to the
extent practicable, a diverse geographic representation among
grant recipients and that, subject to the availability of
appropriations--
(A) a minimum of 5 entities are selected as grant
recipients for the first fiscal year for which such
grants are awarded;
(B) a minimum of 10 entities are selected as grant
recipients for the second such fiscal year;
(C) a minimum of 12 entities are selected as grant
recipients for the third such fiscal year; and
(D) a minimum of 15 entities are selected as grant
recipients for the fourth such fiscal year.
(5) Report.--No later than 1 year after the initial award
of grants under this subsection, and annually thereafter, the
Assistant Secretary for Aging shall produce and make publicly
available a brief summary report on the grant program under
this section. Each such report shall include the following:
(A) A description of the adult day programs
receiving funding under this section, including the
amount of Federal funding awarded and the expected
outcomes of each program.
(B) A description of performance goals and
indicators to monitor the progress of grant recipients
in--
(i) responding to the needs of younger
individuals living with neurological diseases
or conditions such as multiple sclerosis,
Parkinson's disease, traumatic brain injury, or
other similar diseases or conditions; and
(ii) assisting the family caregivers of
such individuals.
(C) Any plans for improving oversight and
management of the grant program.
(c) Definitions.--In this Act:
(1) The term ``adult day program'' means a program that
provides comprehensive and effective care and support services
to individuals living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's disease, traumatic
brain injury, or other similar diseases or conditions that may
result in a functional or degenerative disability and to their
family caregivers and that may assist participants in ways
that--
(A) maintain or improve their functional abilities,
or otherwise help them adjust to their changing
functional abilities;
(B) prevent the onset of complications associated
with severe forms of the disease or condition;
(C) promote alternatives to placement in nursing
homes;
(D) reduce the strain on family caregivers taking
care of a family member living with such diseases or
conditions;
(E) focus on supporting the emotional, social, and
intellectual needs of a younger adult population; or
(F) address the needs of veterans living with such
diseases or conditions.
(2) The term ``family caregiver'' means a family member or
foster parent who provides unpaid assistance (which may include
in-home monitoring, management, supervision, care and
treatment, or other similar assistance) to another adult family
member with a special need.
(d) Authorization of Appropriations.--To carry out this section, in
addition to amounts otherwise made available for such purpose, there
are authorized to be appropriated, and to remain available until
expended, the following:
(1) $1,000,000 for fiscal year 2014.
(2) $3,000,000 for fiscal year 2015.
(3) $6,000,000 for fiscal year 2016.
(4) $8,000,000 for fiscal year 2017.
(5) $10,000,000 for fiscal year 2018. | Adult Day Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals, including young adults, living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and which of these serve young adults with neurological diseases and conditions and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs serving younger people with neurological diseases or conditions. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist participants in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such diseases or conditions. | {"src": "billsum_train", "title": "Adult Day Center Enhancement Act"} | 2,494 | 297 | 0.520636 | 1.56889 | 0.839624 | 5.861314 | 9.131387 | 0.970803 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) California's rapid population growth and the lack of
understanding about the environmental impacts of this growth
have caused a number of serious present and potential barriers
to future economic development of California.
(2) California has great environmental complexity and
diversity and a great variety of human interventions in its
ecosystem.
(3) Future environmental policies for California must be
informed by careful cost-benefit analysis that considers the
serious risks, and the benefits, of environmental policy.
(4) The California Urban Environmental Research and
Education Center promotes coordination of and collaboration on
environmentally sound economic development in California and
ensures that continued sustainable economic development can
occur.
(5) Due to the closing of many military facilities and
installations in California, such Center can provide important
assistance to the process of converting defense resources to
non-defense uses.
(6) The Center is in a position to develop model incentives
and remove market barriers so as to motivate greater private
sector involvement and investment in the solution of
environmental problems.
SEC. 2. CENTER.
(a) Support.--The Administrator of the Environmental Protection
Agency shall continue to support the development and expansion of the
California Urban Environmental Research and Education Center.
(b) Cooperative Agreement.--
(1) Authority.--If the California State University, Hayward
consents and provides the matching funds required by paragraph
(2), the Administrator shall enter into a series of cooperative
agreements with the California State University, Hayward to
provide continuing support for the Center. The California State
University, Hayward shall work in close cooperation with the
other universities of the California State University system
(including the California State Universities at Sacramento, San
Jose, San Francisco, and Sonoma) in the research and policy
analysis performed under any such cooperative agreement.
(2) Matching funds.--In any cooperative agreement described
in paragraph (1), the California State University, Hayward,
shall guarantee matching funds or in-kind resources equal to 20
percent of the funds received by the Center from the
Administrator. The Center and the California State University,
Hayward shall, to the maximum extent practicable, solicit
additional funds or in-kind contributions from State, local,
and private sector sources to increase the ability of the
Center to conduct applied research and education projects under
this Act.
(3) Membership.--A university in the California State
University system or a university in California which is not a
university in the California State University system may become
a member of the Center under such guidelines and conditions as
are reasonable and mutually agreeable to the Center and the
university.
(c) Governing Board.--
(1) Initial appointments.--For the two-year period
beginning on the date of the establishment of the Center, the
Center shall have a Governing Board composed of the following:
(A) The Executive Director of the Center.
(B) One member appointed by the President of the
California State University, Hayward.
(C) One member appointed by the President of the
California State University, Sacramento.
(D) One member appointed by the President of the
California State University, San Jose.
(E) One member appointed by the President of the
California State University, San Francisco.
(F) One member appointed by the President of the
California State University, Sonoma.
(2) Subsequent appointments.--After the two-year period
referred to in paragraph (1), the composition of the Governing
Board shall be determined by the sitting members of the
Governing Board, in consultation with the Presidents of each
university of the California State University system, except as
provided in subsection (d)(1).
(3) Chair.--The Executive Director shall serve as chair of
the Governing Board for the first five years after the
establishment of the Center. Subsequently, the Governing Board
shall elect a chair from among its members.
(4) Duties.--It shall be the duty of the Governing Board--
(A) to establish criteria for membership in the
Center;
(B) to establish criteria and requirements for the
contribution of matching funds or in kind contributions
by member universities and those applying for
membership in the Center;
(C) to establish guidelines for fair representation
on the Governing Board of universities that are not
universities of the California State University system;
(D) to establish how scholarships, fellowships, and
grants will be awarded by the Center;
(E) to advise the Executive Director of the Center
on matters pertaining to the management of the Center's
internal projects and administration, with respect to
the management of grants; and
(F) to perform such other duties, with respect to
the management of grants, as the Governing Board
considers necessary to carry out the functions of the
Center under this Act.
(d) Executive Director; Staff.--
(1) Executive director.--The Center shall have an Executive
Director who shall be appointed for a five-year term. The
President of the California State University, Hayward shall
make the initial appointment of an Executive Director for a
five-year term beginning on the date of the establishment of
the Center, and shall make an appointment for the second five-
year term. The Governing Board shall appoint each Executive
Director appointed after the initial two appointments.
(2) Budget.--The Executive Director shall annually submit
to the Governing Board a budget which includes projected staff
requirements and other projected expenses. The Governing Board
shall review and advise on the budget each year.
(e) Principal Office.--(1) The principal office of the Center shall
be located in northern California.
(2) Before the end of the two-year period beginning on the date of
the establishment of the Center, the Governing Board shall consider the
establishment of a second office and conference facility to be located
in southern California, convenient to member universities.
SEC. 3. FUNCTIONS.
(a) In General.--The overall objective of the Center shall be to
promote and foster sustainable economic development throughout the
State of California, using the resources and skills of its universities
and colleges whenever possible. The Center shall achieve such objective
by engaging in the following functions:
(1) To develop an ongoing program of applied environmental
research, education, and outreach that can be used by the
Federal Government, State and local governments, and the
private sector to ensure that future government policies to
encourage economic development in California are grounded on
sound, sustainable environmental and economic principles.
(2) To foster public-private partnerships to find solutions
to the environmental problems of California and ways of
removing market barriers to private sector development.
(3) To bring together researchers from the member
universities and colleges of the Center to focus on the most
important environmental problems of California related to
sustainable economic development, with the aim of analysis and
synthesis of policy implications and dissemination of policy
oriented research findings to managers in the public and
private sectors.
(4) To support the following activities:
(A) The coordination and funding of research
activities of universities for collaborative collection
and evaluation of data on California's geology,
hydrology, soils, biology, weather and climate, natural
hazards, demography, infrastructure, resource use,
land-use patterns, land-ownership patterns, business
development, environmental equity, and regulatory
zones.
(B) The analysis of public policy implications of
economic development programs that affect the ecology
of California.
(C) The conduct of seminars and other educational
programs for policy makers in the Federal Government,
State and local governments, and the private sector on
the implications of the findings and conclusions
derived from the Center's activities. The Center shall
use electronic technology, such as computer networks
and video conferencing, to convey the cumulative
findings and conclusions derived from the Center's
activities and to foster an exchange of ideas.
(D) The conduct, not more than once each year, of a
national conference on ecology and sustainable economic
development for business and labor leaders to foster an
exchange of ideas and information.
(E) The provision of ready access to the Center's
collective expertise for policy makers in the Federal
Government and State and local governments, and for
representatives of private- and public-sector
organizations, through meetings, publications, special
reports, video, electronic mail, computer networks, and
other means to share up-to-date information on research
findings and policy development for sustainable
economic development.
(F) The minimization of duplication and waste in
applied research and demonstration programs within the
areas of the Center's expertise.
(G) The development of educational programs,
curricula, and instructional materials for colleges,
universities, and other educational institutions to
impart the knowledge and skills required to implement
environmentally sustainable economic development, for
the purpose of equipping students for jobs in the
public and private sectors.
(H) The development of bachelors and masters degree
programs for individuals who have lost or may lose
employment as a result of cutbacks in defense spending
to prepare such individuals for employment as
environmental professionals, and the development of
certification programs in environmental sciences and
studies for such individuals.
(I) The preparation of minority students for
environmental professions, including the development of
an enriched curriculum in the environmental sciences at
the baccalaureate and post-graduate levels for
underrepresented minority students to prepare such
students for careers in various environmental areas,
such as environmental health and the clean-up of
military installations and facilities.
(J) The development and administration of a
repository of information on key environmental and
related economic development issues that can be readily
accessed by private- and public-sector entities,
including imposition, if necessary, of a fee for users
of the repository to cover the cost of its operation.
(5) To work closely with other university research centers
for which funds have been provided by the Environmental
Protection Agency to help establish a National Environmental
Outreach Program to assist the Federal Government, State and
local governments, and the private sector in programs and
projects designed to promote environmentally sound economic
development.
(6) To work closely with Federally-funded research centers,
such as the Lawrence-Livermore National Research Laboratory, to
foster the transfer and application of environmental technology
to the private sector.
(7) To help incubate or expand small, environmentally
related businesses where market barriers exist to such
incubation or expansion.
(8) To assist small businesses in meeting environmental
regulations by providing short courses and conferences and to
develop methods and models by which small businesses may
finance ``green'' investment where private-sector funds are
otherwise not generally available.
(9) To work closely, as requested, with public-sector
officials, private-sector businesses, and individuals seeking
alternative uses for military installations and facilities that
have been or are about to be closed to assist in planning the
environmental aspects of the conversion and clean-up of the
installations and facilities, and to help with the economic
development aspects of the closing of the installations and
facilities.
(10) During its first year, to develop a plan, in
conjunction with other universities to extend the activities of
the Center throughout the State within 3 years. The plan shall
pay particular attention to the need for environmentally sound
conversion and economic use of military installations and
facilities throughout the State.
(b) Scholarships, Fellowships, and Grants.--
(1) Scholarships.--The Center may provide for the award of
undergraduate scholarships for individuals studying in
environmental fields at universities that are members of the
Center. Individuals who have lost or may lose employment as a
result of the closing of a military installation or facility in
the State of California shall have preference over other
individuals in the award of scholarships under this paragraph.
(2) Fellowships.--The Center may provide for the award of
graduate assistantships and fellowships at the Center to
encourage study in fields related to sustainable economic
development. Preference shall be given to those who have been
or are about to be laid off as a result of military base
closings in California.
(3) Research grants.--The Center may award research grants
to faculty at universities and colleges, both public and
private, to encourage research critical to the achievement of
the functions described in subsection (a).
SEC. 4. REPORT.
The Center shall annually submit to the Administrator a report on
the activities of the Center and on any changing budget needs. The
Center shall include in the first report submitted under this
subsection a statement of any additional funds that may be required to
extend the activities of the Center throughout the State.
SEC. 5. GIFTS AND DONATIONS.
The Center may receive funds and other property donated,
bequeathed, or devised to the Center with or without a condition of
restriction, for the purpose of furthering the activities of the
Center. All funds donated, bequeathed, or devised to the Center shall
be retained in a separate account. Each annual report submitted
pursuant to section 4 shall include an accounting of the funds and
property donated, bequeathed, or devised to the Center during the year
covered by the annual report.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Center'' means the California Urban
Environmental Research and Education Center established
pursuant to section 2.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Administrator for provision to the Center to carry out this Act
$4,500,000 for fiscal year 1996 and such sums as may be necessary for
each of fiscal years 1997 through 2000.
(b) Availability.--Funds appropriated pursuant to the authority of
subsection (a) shall remain available until expended.
(c) Matching Funds.--In addition to amounts provided as described
in section 2(b)(2), the Center shall make a good faith effort to match
the amount of funds appropriated pursuant to this section with funding
from State and local governments and the private sector. | Stipulates that if the California State University, Hayward, matches 20 percent of the funds that the Administrator of the Environmental Protection Agency provides to the California Urban Environmental Research and Education Center, the Administrator shall enter into a series of cooperative agreements with the University to provide continuing support for the Center.
Declares the overall objective of the center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach that the Federal, State, and local governments and the private sector can use; (2) fostering of public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting activities such as the coordination and funding of research activities for the collection and evaluation of data, the conduct of seminars and educational programs, the conduct of a national conference, and the development of bachelors and masters degree programs to prepare individuals for employment as environmental professionals; and (5) working with other university research centers provided funds by EPA to help establish a National Environmental Outreach Program to assist governments and the private sector in programs to promote environmentally sound economic development.
Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to faculty at universities and colleges.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for the continuation of the operations of the California Urban Environmental Research and Education Center."} | 2,886 | 303 | 0.660063 | 2.230254 | 0.849982 | 3.903448 | 10.048276 | 0.951724 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Depression in
Preadolescent and Adolescent Girls and Women Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Depression is a common disabling disorder affecting
more than 19,000,000 Americans per year.
(2) Women are at least twice as likely as men to experience
a major depressive episode within a lifetime. Although the risk
for recurrence is the same for women and men, women are more
likely to have a recurrence, and when they do, it is often at
very critical times in their lives, such as new motherhood.
(3) As with adult women, depression is almost twice as
likely to be reported by female adolescents than by male
adolescents.
(4) Depression that begins in childhood and adolescence is
likely to continue into adulthood and is associated with
substantial morbidity and risk for suicide. However, there is
evidence that childhood onset depression does not always
continue into adulthood.
(5) Prospective studies have established that the risk for
depression increases for many women during adolescence and have
suggested that indicated prevention efforts with high-risk
females during adolescence may be a good time to intervene.
(6) Suicide is the third leading cause of death among young
women aged 15 to 24, and more than 9 out of 10 suicides can be
linked to depression.
(7) Although ethnic minority women experience rates of
depression comparable to white women, they are at greater risk
than white women of having their depression go unrecognized and
inadequately treated.
(8) It is important to note that low income populations are
less likely to have their depression recognized and treated,
and ethnic minority women disproportionately have incomes below
the poverty line.
(9) Symptom presentation of psychological distress may be
influenced by culture. For example, degree of acculturation may
be associated with depression rates for Latina and Asian/
Pacific Islander females.
(10) Demonstrated by community prevalence rates, the number
of women seeking treatment for depression represents only a
portion of those who are depressed. Numerous barriers impede
women from receiving needed treatment, including lack of
consumer or provider knowledge about mental health symptoms and
treatment, stigma, limited time and transportation, and issues
regarding child and elder care.
(11) Treatment interventions alone may not be sufficient to
reduce the high prevalence of major depression in women.
Experts recommend more emphasis on interventions that will
prevent the onset of depression.
(12) Social, cultural, and economic factors influence the
prevention, development, diagnosis, and treatment of depression
in women and therefore should be examined and integrated in
prevention and treatment approaches as indicated.
SEC. 3. PROGRAM AUTHORIZED.
(a) In General.--The Secretary of Health and Human Services, in
collaboration with the National Institutes of Health and the Human
Resources and Services Administration, and other Federal officials
determined appropriate by the Secretary, may award grants to develop,
implement, and evaluate interventions to prevent and treat depression
in preadolescent and adolescent girls and in women at-risk for
depression in diverse populations.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to--
(1) develop cultural and language appropriate brief
screening measures or modify existing brief screening measures
to assess for depression and other mental health problems for
wide-scale use in community settings where the target
population is commonly found, including schools, churches, day
care centers, primary care and other health settings
(Obstetrics/Gynecology and pediatric clinics), and public
assistance and housing facilities;
(2) establish programs to train educational and health
professionals who work in community settings to screen the
target population for depression and other mental health
problems and make appropriate referrals for treatment;
(3) develop effective strategies to educate the target
population about depression, where to seek treatment, and how
to reduce the stigma associated with depression to decrease
barriers to treatment; and
(4) develop, implement, and evaluate culturally appropriate
strategies to prevent and treat depression in the target
population.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2003, and such sums as may be necessary for each of the fiscal years
2004 through 2006. | Preventing Depression in Preadolescent and Adolescent Girls and Women Act of 2002 - Directs the Secretary of Health and Human Services to award grants to develop, implement, and evaluate interventions to prevent and treat depression in preadolescent and adolescent girls and in women at-risk for depression in diverse populations.Permits grant funds to be used to: (1) develop screening measures for use in community centers; (2) train educational and health professionals; and (3) develop educational, prevention, and treatment strategies. | {"src": "billsum_train", "title": "A bill to require the National Institutes of Mental Health and the Human Resources and Services Administration to award grants to prevent and treat depression."} | 927 | 113 | 0.510169 | 1.377364 | 1.025148 | 5.333333 | 9.28125 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Awareness
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Breast cancer is the most common cancer among American
women, except for skin cancers. Today, about 1 in 8, or 12
percent of, women in the United States will develop invasive
breast cancer during their lifetime. This is an increase from 1
in 11, or 9 percent of, women in 1975.
(2) Breast cancer is the second leading cause of cancer
death in women. The chance of dying from breast cancer is about
1 in 36. Thanks to earlier detection, increased awareness, and
improved treatment, death rates from breast cancer have
decreased since about 1989.
(3) There is a strong interest among the American public to
do more to tackle this disease. The National Cancer Institute
estimates $16.5 billion is spent in the United States each year
on breast cancer treatment.
(4) Finding a cure for breast cancer is a goal of the
United States Government.
(5) The National Institutes of Health dedicated $800
million for breast cancer research in Fiscal Year 2012. In
Fiscal Year 2012, the Department of Defense's Breast Cancer
Research Program received $120 million. In total, the U.S. is
projected to spend $925 million on breast cancer research in
Fiscal Year 2013.
(6) While the Federal Government remains the largest funder
of breast cancer research in the United States, in 2012, the
National Cancer Institute reduced funding by almost $30 million
and the Department of Defense Breast Cancer Research Program
grants decreased more than 22 percent from 2010 funding levels.
(7) Additional private sector support for breast cancer
research will help us find a cure for breast cancer even
faster.
(8) It is estimated that in the United States 232,340 women
will be diagnosed with and 39,620 women will die of cancer of
the breast in 2013. This means that every 13 minutes a woman
dies of breast cancer in the United States.
(9) However, due to disease type and lack of adequate care,
Black women have the highest death rates of all racial and
ethnic groups and are 40 percent more likely to die of breast
cancer than White women.
(10) Breast cancer used to be considered a disease of aging
but recent trends show that more aggressive forms of the
disease have been increasingly diagnosed in younger women.
(11) Breast cancer is the most frequently diagnosed cancer
among nearly every racial and ethnic group, including African-
American, American Indian/Alaska Native, Asian/Pacific Islander
and Hispanic/Latina women.
(12) Clinical advances, resulting from research, have led
to increased survival from breast cancer. Since 1990, death
rates from breast cancer have dropped over 30 percent.
(13) Among men in the United States it is estimated that
there will be 2,240 new cases of invasive breast cancer and 410
breast cancer deaths in 2013.
(14) At this time there are more than 2.9 million breast
cancer survivors in the United States.
(15) It is estimated that breast cancer costs $12.5 billion
in lost productivity. Such productivity losses will increase
with projected growth rate and aging of the U.S. population if
cancer mortality rates stay constant in the future.
(16) There is a better chance of survival and there are
more treatment options with early stage detection through
mammograms and clinical breast exams.
(17) Breast cancer is the most common cancer in women
worldwide, with an estimated 1.6 million new cases of breast
cancer among women worldwide in 2010.
(18) Breast Cancer Research Foundation (BCRF) is considered
one of the most efficient research charities.
(19) Of every dollar donated to BCRF, $0.91 goes to
research and awareness programs--88 cents towards research and
3 cents towards awareness.
(20) Founded in 1993, the BCRF has raised more than $450
million to fund research aimed at achieving prevention of
breast cancer and curing those with the disease. For 2013-2014,
BCRF awarded $45 million in grants to support the work of more
than 200 researchers at major medical institutions across six
continents and 12 countries.
(21) Susan G. Komen for the Cure includes funded research
in 48 of the 50 States and community services in 49 of the 50
States. The organization has also supported programming in more
than 30 countries.
(22) Over the past 5 years, more than 80 cents of every
dollar spent by Susan G. Komen has gone directly to its mission
to save lives and end breast cancer by empowering people,
ensuring quality care for all and energizing science to find
the cures.
(23) Since its inception in 1982, Susan G. Komen has
invested more than $2 billion on its mission of saving lives
and ending breast cancer by empowering people, ensuring quality
care for all and energizing science to find the cures,
including more than $790 million in research funding.
(24) Today, the BCRF and Susan G. Komen continue their work
to advance research and support programs for patients and their
families.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--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 fight against breast cancer.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2018''; 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 selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--
(1) In general.--The Secretary shall hold a competition and
provide compensation for its winner to design the obverse and
reverse of the coins minted under this Act. The competition
shall be judged by an expert jury chaired by the Secretary and
consisting of 3 members from the Citizens Coinage Advisory
Committee who shall be elected by such Committee and 3 members
from the Commission of Fine Arts who shall be elected by such
Commission.
(2) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers of the United States Mint, and members of
the general public.
(3) Accompanying designs; preference for physical
designs.--The Secretary shall encourage 3-dimensional designs
to be submitted as part of the proposals, and the jury shall
give a preference for proposals that are accompanied by a 3-
dimensional physical design instead of, or in addition to, an
electronic design.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the sale
price described in section 6(a).
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2018.
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
the 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 of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \1/2\ to the Susan G. Komen for the Cure, Dallas,
Texas, for the purpose of furthering research funded by the
organization.
(2) \1/2\ to the Breast Cancer Research Foundation, New
York, New York, for the purpose of furthering research funded
by the Foundation.
(c) Audits.--The surcharge recipients under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under that
subsection.
(d) Limitations.--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.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Breast Cancer Awareness Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 silver coins emblematic of the fight against breast cancer. Instructs the Secretary to select the design for the coins based upon the winning design from a juried, compensated design competition following certain specifications. Restricts the period of coin issuance to the one-year period beginning on January 1, 2018. Requires all sales of such coins to include a surcharge of $10 per coin. Prescribes a surcharge distribution formula. | {"src": "billsum_train", "title": "Breast Cancer Awareness Commemorative Coin Act"} | 2,414 | 120 | 0.293298 | 0.853476 | 0.599891 | 3.8 | 23.05 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carlsbad Irrigation Project Acquired
Land Transfer Act''.
SEC. 2. CONVEYANCE.
(a) Lands and Facilities.--
(1) In general.--Except as provided in paragraph (2), and
subject subsection (c), the Secretary of the Interior (in this
Act referred to as the ``Secretary'') may convey to the
Carlsbad Irrigation District (a quasi-municipal corporation
formed under the laws of the State of New Mexico and in this
Act referred to as the ``District''), all right, title, and
interest of the United States in and to the lands described in
subsection (b) (in this Act referred to as the ``acquired
lands'') and all interests the United States holds in the
irrigation and drainage system of the Carlsbad Project and all
related lands including ditch rider houses, maintenance shop
and buildings, and Pecos River Flume.
(2) Limitations.--
(A) Retained surface rights.--The Secretary shall
retain title to the surface estate (but not the mineral
estate) of such acquired lands which are located under
the footprint of Brantley and Avalon dams or any other
project dam or reservoir diversion structure.
(B) Storage and flow easements.--The Secretary
shall retain storage and flow easements for any tracts
located under the maximum spillway elevations of Avalon
and Brantley Reservoirs.
(b) Acquired Lands Described.--The lands referred to in subsection
(a) are those lands (including the surface and mineral estate) in Eddy
County, New Mexico, described as the acquired lands in section (7) of
the ``Status of Lands and Title Report: Carlsbad Project'' as reported
by the Bureau of Reclamation in 1978 .
(c) Terms and Conditions of Conveyance.--Any conveyance of the
acquired lands under this Act shall be subject to the following terms
and conditions:
(1) Management and use, generally.--The conveyed lands
shall continue to be managed and used by the District for the
purposes for which the Carlsbad Project was authorized,
consistent with the management of other adjacent project lands.
(2) Assumed rights and obligations.--Except as provided in
paragraph (3), the District shall assume all rights and
obligations of the United States under--
(A) the agreement dated July 28, 1994, between the
United States and the Director, New Mexico Department
of Game and Fish (Document No. 2-LM-40-00640), relating
to management of certain lands near Brantley Reservoir
for fish and wildlife purposes; and
(B) the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-
X0888) for the management and operation of Brantley
Lake State Park.
(3) Exceptions.--In relation to agreements referred to in
paragraph (2)--
(A) the District shall not be obligated for any
financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement; and
(B) the District shall not be entitled to any
receipts or revenues generated as a result of either
agreement.
(d) Completion of Conveyance.--
(1) Sense of the congress.--It is the sense of the Congress
that the Secretary should complete the conveyance authorized by
this Act, including such action as may be required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), within the 9-month period beginning on the date of
enactment of this Act.
(2) Report.--If the Secretary does not complete the
conveyance within the period referred to in paragraph (1), the
Secretary shall submit a report to the Congress within 30 days after
that period that includes a detailed explanation of problems that have
been encountered in completing of the conveyance, and specific steps
that the Secretary has taken or will take to complete the conveyance.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Identification and Notification of Leaseholders.--Within 120
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) provide to the District a written identification of all
mineral and grazing leases in effect on the acquired lands on
the date of enactment of this Act; and
(2) notify all leaseholders of the conveyance authorized by
this Act.
(b) Management of Mineral and Grazing Leases, Licenses, and
Permits.--The District shall assume all rights and obligations of the
United States for all mineral and grazing leases, licenses, and permits
existing on the acquired lands conveyed under section 2, and shall be
entitled to any receipts from such leases, licenses, and permits
accruing after the date of conveyance. All such receipts shall be used
for purposes for which the project was authorized. The District shall
continue to adhere to the current Bureau of Reclamation mineral leasing
stipulations for the Carlsbad Project.
(c) Availability of Amounts Paid Into Reclamation Fund.--
(1) Existing receipts.--Receipts in the reclamation fund on
the date of enactment of this Act which exist as construction
credits to the Carlsbad Project under the terms of the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be
made available to the District as credits toward its ongoing
operation and maintenance obligation to the United States until
such credits are depleted.
(2) Receipts after enactment.--Of the receipts from mineral
and grazing leases, licenses, and permits on acquired lands to
be conveyed under section 2, that are received by the United
States after the date of enactment and before the date of
conveyance--
(A) not to exceed $200,000 shall be available to
the Secretary for the actual costs of implementing this
Act; and
(B) the remainder shall be deposited into the
reclamation fund and shall be made available to the
District as credits toward its ongoing operation and
maintenance obligation to the United States until such
credits are depleted.
SEC. 4. WATER CONSERVATION PRACTICES.
(a) In General.--Subject to subsection (b), the Secretary, in
cooperation with the District, may expend not to exceed $100,000
annually, from amounts appropriated for operation and maintenance
within the Bureau of Reclamation, for the purposes of implementing
water conservation practices at the Carlsbad Project, including, but
not limited to, phreatophyte control.
(b) Matching Funds.--As a condition of any expenditure under
subsection (a), the Secretary shall require that the District provide
matching funds in direct proportion to the amount of project lands held
by the District in relation to withdrawn or other project lands held by
the United States.
(c) Voluntary Water Conservation Practices.--Nothing in this Act
shall be construed to limit the ability of the District to voluntarily
implement water conservation practices.
(d) Liability.--Effective on the date of conveyance of any lands
authorized by this Act, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed property, except for damages caused
by acts of negligence committed by the United States or by its
employees, agents, or contractors, prior to conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that provided under chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act. | Carlsbad Irrigation Project Acquired Land Transfer Act - Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified real property within the Carlsbad Project in New Mexico and all U.S. interests in the irrigation and drainage system of the Project and all related lands, including ditch rider houses, the maintenance shop and buildings, and the Pecos River Flume. Requires the conveyed lands to continue to be managed and used for the purposes for which the project was authorized.
Expresses the sense of the Congress that the Secretary should complete such conveyance within nine months after the enactment of this Act. Requires a report from the Secretary to the Congress if the conveyance is not completed in such time.
Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Provides that the District shall assume all U.S. rights and obligations for all mineral and grazing leases, licenses, and permits existing on the conveyed lands and shall be entitled to any associated receipts.
Requires receipts paid into the reclamation fund as credits to the Carlsbad Project to be made available to the District for Project purposes.
Authorizes the Secretary to expend a specified amount annually from Bureau of Reclamation operation and maintenance funds to implement water conservation practices at the Project. Requires the District to provide matching funds.
Indemnifies the United States from damages arising out of any act or omission related to the conveyed property (with an exception for negligence). | {"src": "billsum_train", "title": "Carlsbad Irrigation Project Acquired Land Transfer Act"} | 1,761 | 373 | 0.652498 | 2.207066 | 0.784185 | 3.187291 | 5.060201 | 0.906355 |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is ``Made in America''. The Secretary shall
publish the toll-free number by notice in the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as
``Made in America''. Consumers shall also be informed that registration
of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of ``Made in America'' in section 4 of this Act, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of ``Made in America'' in section 4 of this
Act and have such product included in the information available
through the toll free number established under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulation.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not ``Made in America''--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``Made in America'' has the meaning given
unqualified ``Made in U.S.A.'' or ``Made in America'' claims
for purposes of laws administered by the Federal Trade
Commission.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
rules, or any guidance issued by the Federal Trade Commission regarding
the use of unqualified ``Made in U.S.A.'' or ``Made in America'' claims
in labels on products introduced, delivered for introduction, sold,
advertised, or offered for sale in commerce. | Directs the Secretary of Commerce to establish a three-year toll free number pilot program to inform consumers about whether a product is "made in America" if the Secretary determines, based upon comments submitted in a certain rulemaking, that interest among manufacturers is sufficient to warrant such a program.
Prescribes implementation procedures, including assessment of a civil penalty against any manufacturer who knowingly registers a product that does not comply with criteria under this Act. | {"src": "billsum_train", "title": "A bill to establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made."} | 1,182 | 100 | 0.590447 | 1.684382 | 0.970989 | 2.845238 | 13.214286 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Emergency Agricultural
Assistance Act''.
SEC. 2. CROP DISASTER ASSISTANCE FOR 2001, 2002, AND 2003 CROP LOSSES.
(a) In General.--The Secretary of Agriculture shall make emergency
financial assistance available to producers on a farm who have incurred
qualifying crop losses for the 2001, 2002, or 2003 crop, or any
combination of those crops, due to damaging weather or related
condition, as determined by the Secretary.
(b) Administration.--Except as provided in subsection (c), the
Secretary shall make assistance available under this section in the
same manner as provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55),
including using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(c) Payment Rates.--The Secretary shall make a disaster payment
available to producers on a farm for a crop under this section at a
rate equal to--
(1) 40 percent of the established price for the crop for
any deficiency in production greater than 20 percent, but less
than 35 percent, for the crop; and
(2) 65 percent of the established price for the crop for
any deficiency in production of 35 percent or more for the
crop.
(d) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(e) Other Assistance.--Subject to subsection (d), the amount of
assistance that producers on a farm would otherwise receive under this
section shall be reduced by the amount of assistance provided to the
producers on the farm for crop losses described in subsection (a) under
any other Federal law.
SEC. 3. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS.
(a) In General.--The Secretary of Agriculture shall make emergency
financial assistance available to producers on a farm who incur
qualifying crop losses for an insurable crop due to damaging weather or
related condition, as determined by the Secretary, which results in the
designation of the county in which the farm is located as a federally
declared disaster area.
(b) Administration.--Except as provided in subsections (c) and (d),
the Secretary shall make assistance available under this section in the
same manner as provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55),
including using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(c) Payment Rate.--Subject to subsection (e), the Secretary shall
make assistance available to producers on a farm for a crop under this
section at a rate equal to 65 percent of the established price for the
crop for any deficiency in production of 35 percent or more for the
crop.
(d) Receipt Conditioned on Having Crop Insurance.--The producers on
a farm shall not be eligible for assistance under subsection (a) with
respect to losses to a crop unless the producers obtained, before the
losses were incurred, a policy or plan of insurance for the crop under
the Federal Crop Insurance Act that provided a level of coverage equal
to or greater than 60 percent.
(e) Payment Limitation.--
(1) Limitation.--Assistance provided under subsection (a)
to a producer for losses to a crop, together with the amounts
specified in paragraph (2) applicable to the same crop, may not
exceed 95 percent of what the value of the crop would have been
in the absence of the losses, as estimated by the Secretary.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Crop insurance payments made under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) that the
producer receives for losses to the same crop.
(B) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(f) Definition.--In this section, the term ``federally declared
disaster area'' is a county covered by a Presidential declaration of
major disaster issued under section 301 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or
determined to be a disaster area by the Secretary under subpart A of
part 1945 of title 7, Code of Federal Regulations. The term does not
include a contiguous county.
(g) Effective Date.--This section applies to crop years after the
2003 crop year.
SEC. 4. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Agriculture shall make and
administer payments for livestock losses to producers for 2001, 2002,
or 2003, or any combination of those years, in a county that has
received a corresponding emergency designation by the President or the
Secretary, of which an amount determined by the Secretary shall be made
available for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(c) Other Assistance.--The amount of assistance that a producer
would otherwise receive under this section shall be reduced by the
amount of assistance provided to the producer for losses described in
subsection (a) under any other Federal law.
SEC. 5. FUNDING AND REIMBURSEMENT.
(a) In General.--The Secretary of Agriculture shall use the funds
of the Commodity Credit Corporation to carry out this Act.
(b) Permanent Program.--There is hereby authorized to be
appropriated such amounts as may be necessary to reimburse the
Commodity Credit Corporation for funds expended by the Secretary under
section 3.
SEC. 6. EMERGENCY DESIGNATIONS.
(a) In General.--The amounts referred to in sections 2 and 4 are
designated by Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on
the budget for fiscal year 2004.
(b) Permanent Program.--Amounts appropriated pursuant to the
authorization of appropriations in section 5(b) to reimburse the
Commodity Credit Corporation shall be treated as emergency spending.
The allocation for a fiscal year otherwise made to the Committees on
Appropriations of the House of Representatives and the Senate pursuant
to section 302(a) of the Congressional Budget Act of 1974 shall be
increased by the amount appropriated pursuant to such authorization of
appropriations for the same fiscal year.
SEC. 7. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to carry out this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Permanent Emergency Agricultural Disaster Assistance Act - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to: (1) crop producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003; and (2) livestock producers for losses in 2001, 2002, or 2003, including livestock under the American Indian livestock program, in a disaster-designated county. Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act.
Directs the Secretary to make emergency financial assistance available after 2003 to producers with specified crop insurance coverage who have suffered qualifying weather-caused crop damage in a disaster-designated area. | {"src": "billsum_train", "title": "To establish permanent authority for the Secretary of Agriculture to quickly assist agricultural producers who incur crop losses as a result of damaging weather or related condition in federally declared disaster areas, to provide emergency disaster assistance to agricultural producers for qualifying crop losses for the 2001, 2002, or 2003 crops, to continue the livestock assistance program, and for other purposes."} | 1,784 | 139 | 0.655205 | 1.637221 | 0.78975 | 2.153846 | 12.284615 | 0.938462 |
SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM.
(a) Payments Relating to Federal Acquisition of Real Property.--
Section 8002 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702) is amended--
(1) in subsection (a), by striking ``shall be eligible''
and inserting ``is entitled''; and
(2) by striking subsections (h), (i), and (j).
(b) Payments for Eligible Federally Connected Children.--
(1) Computation of payment.--Section 8003(a)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a)(1)) is amended by striking ``is eligible'' and
inserting ``is entitled''.
(2) Basic support payments and payments with respect to
fiscal years in which insufficient funds are appropriated.--
Section 8003(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)) is amended--
(A) in the heading, by striking ``and Payments With
Respect to Fiscal Years in Which Insufficient Funds Are
Appropriated'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``From
the amount appropriated under section 8014(b)
for a fiscal year, the Secretary is authorized
to'' and inserting ``The Secretary shall'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement''; and
(II) by striking ``is eligible''
and inserting ``is entitled''; and
(iii) in subparagraph (C)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount'';
(II) by striking ``maximum amount''
and inserting ``amount''; and
(III) by striking ``is eligible''
and inserting ``is entitled'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``From the amount appropriated under
section 8014(b) for a fiscal year, the
Secretary is authorized to'' and
inserting ``The Secretary shall''; and
(II) in clause (ii), by striking
``eligible'' and inserting
``entitled'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``shall be
ineligible'' and inserting
``shall not be entitled''; and
(cc) by striking
``ineligibility'' and inserting
``non-entitlement''; and
(IV) in clause (iii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``becomes
ineligible'' and inserting ``is
not entitled''; and
(cc) by striking
``eligibility'' each place it
appears and inserting
``entitlement'';
(iii) in subparagraph (C)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement''; and
(bb) by striking ``becomes
ineligible'' and inserting ``is
not entitled''; and
(IV) in clause (iii), by striking
``becoming ineligible'' and inserting
``losing entitlement status'';
(iv) in subparagraph (D)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount''; and
(II) in clause (i)--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``is
eligible'' and inserting ``is
entitled''; and
(v) in subparagraph (E)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount''; and
(II) in clause (i)(I)--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``is
eligible'' and inserting ``is
entitled'';
(D) by striking paragraph (3); and
(E) in paragraph (4)--
(i) in subparagraph (A), by striking
``paragraph (3)''; and
(ii) in subparagraph (B)--
(I) in the heading--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``and
threshold payment'';
(II) by striking ``maximum'' each
place it appears; and
(III) by striking ``and the
learning opportunity threshold payment
under subparagraph (B) or (C) of
paragraph (3), as the case may be,''.
(3) Children with disabilities.--Section 8003(d)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(d)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall pay to each eligible
local educational agency for a fiscal year the amount equal to
the difference between--
``(A) the amount equal to the product of--
``(i) the number of children described in
subparagraphs (A)(ii), (B), (C), and (D) of
subsection (a)(1) who are eligible to receive
services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.); and
``(ii) 40 percent of the average per-pupil
expenditure in public elementary and secondary
schools in the United States; and
``(B) the amount of a grant that the agency
received under section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) for the
prior fiscal year attributable to children described in
subparagraphs (A)(ii), (B), (C), and (D) of subsection
(a)(1).''.
(4) Hold harmless.--Section 8003(e) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(e)) is
amended--
(A) in paragraph (2) to read as follows:
``(2) Amount.--The total amount provided to a local
educational agency under paragraph (1)(A) for fiscal year 2004
shall not exceed the maximum basic support payment amount for
such agency determined under paragraph (1) or (2) of subsection
(b) and the total amount provided to a local educational agency
under paragraph (1)(B) for fiscal year 2005 shall not exceed
the basic support payment amount for such agency determined
under paragraph (1) or (2) of subsection (b).''; and
(B) by striking paragraph (3).
(c) Policies and Procedures Relating to Children Residing on Indian
Lands.--Section 8004(e)(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7704(e)(8)) is amended by striking ``is
eligible'' and inserting ``is entitled''.
(d) Application for Payments Under Sections 8002 and 8003.--Section
8005(b)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7705(b)(1)) is amended by striking ``eligibility'' and inserting
``entitlement''.
(e) Construction.--Section 8007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``subsection (c)''; and
(B) in paragraph (3), by striking ``section
8014(e)'' each place it appears and inserting
``subsection (c)'';
(2) in subsection (b)(1), by striking ``section 8014(e)''
and inserting ``subsection (c)''; and
(3) by adding at the end the following:
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated sums as may
be necessary for each of the fiscal years 2004 through 2006.''.
(f) Facilities.--Section 8008 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7708) is amended--
(1) in subsection (a), by striking ``section 8014(f)'' and
inserting ``subsection (c)''; and
(2) by adding at the end the following:
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated sums as may
be necessary for each of the fiscal years 2004 through 2006.''.
(g) Authorization of Appropriations.--Section 8014 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is
repealed.
(h) Rule of Construction.--Title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), as amended by
this Act, is further amended by adding at the end the following:
``SEC. 8014. RULE OF CONSTRUCTION.
``Nothing in this title shall be interpreted to entitle any
individual to assistance under any program, project, or activity of a
local education agency, State agency, or other governmental entity
funded under this title.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2003, or the date of the enactment of this Act, whichever occurs later. | Amends the Elementary and Secondary Education Act of 1965 to entitle certain local educational agencies (LEAs) to specified payment amounts under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. (Current law makes such LEAs eligible for such payments up to specified maximum amounts.)Revises the formula for calculating additional Impact Aid payments to LEAs for federally-connected children with disabilities who are eligible for services under the Individuals with Disabilities Education Act.Extends the authorization of appropriations for: (1) construction and school modernization payments for certain LEAs, including ones with high percentages of children living on Indian lands or children of military parents; and (2) facilities maintenance payments for certain schools located on military bases and serving military dependent children. | {"src": "billsum_train", "title": "To amend the impact aid program under the Elementary and Secondary Education Act of 1965 to improve the delivery of payments under the program to local educational agencies."} | 2,488 | 181 | 0.524289 | 1.336157 | 0.819821 | 1.888889 | 13.732026 | 0.72549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Autism Statistics, Surveillance,
Research, and Epidemiology Act of 1998 (ASSURE)''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Autism and other pervasive developmental disabilities
(fragile X syndrome, Rett's syndrome, childhood disintegrative
disorder, Landau-Kleffner syndrome, and pervasive developmental
disorders not otherwise specified) are biologically based
neurodevelopmental diseases which cause severe impairment in
cognition, language, and affective abilities.
(2) Autism and pervasive developmental disabilities are not
rare; they may affect as many as one in every 500 children, and
more than 500,000 Americans.
(3) There is little information on the prevalence of autism
and other pervasive developmental disabilities in the United
States. There have never been any national prevalence studies
in the United States, and the two studies that were conducted
in the 1980s examined only selected areas of the country.
Recent studies in Canada, Europe, and Japan suggest that the
prevalence of classic autism alone may be 300 percent to 400
percent higher than previously estimated.
(4) The cost of caring for individuals with autism and
pervasive developmental disabilities is estimated at more than
$13,000,000,000 per year for direct costs only.
(5) Autism is considered by many scientists to be one of
the most heritable of all the developmental disorders, and the
most likely to yield to the latest scientific advancements in
genetics and neurology.
(6) The discovery of effective treatments and a cure for
autism will be greatly enhanced when scientists and
epidemiologists have an accurate understanding of the
prevalence and incidence of autism.
(7) Recent research suggests that environmental factors may
contribute to autism. As a result, contributing causes of
autism, if identified, may be preventable.
(8) Finding the answers to the causes of autism and related
developmental disabilities may help researchers to understand
other disorders, ranging from learning problems, to
hyperactivity, to communications deficits that affect millions
of Americans.
SEC. 3. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAMS.
(a) National Autism and Pervasive Developmental Disabilities
Surveillance Program.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Centers for Disease Control and Prevention, may make awards of
grants and cooperative agreements for the collection, analysis, and
reporting of data on autism and pervasive developmental disabilities.
An entity may receive such an award only if the entity is a public or
nonprofit private entity (including health departments of States and
political subdivisions of States, and including universities and other
educational entities). In making such awards, the Secretary may provide
direct technical assistance in lieu of cash.
(b) Centers of Excellence in Autism and Pervasive Developmental
Disabilities Epidemiology.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
(subject to the extent of amounts made available in
appropriations Acts) establish not less than three, and not
more than five, regional centers of excellence in autism and
pervasive developmental disabilities epidemiology for
the purpose of collecting and analyzing information on the number,
incidence, correlates, and causes of autism and related developmental
disabilities.
(2) Recipients of awards for establishment of centers.--
Centers under paragraph (1) shall be established and operated
through the award of grants or cooperative agreements to public
or nonprofit private entities that conduct research, including
health departments of States and political subdivisions of
States, and including universities and other educational
entities.
(3) Certain requirements.--An award for a center under
paragraph (1) may be made only if the entity involved submits
to the Secretary an application containing such agreements and
information as the Secretary may require, including an
agreement that the center involved will operate in accordance
with the following:
(A) The center will collect, analyze, and report
autism and pervasive developmental disabilities data
according to guidelines prescribed the Director, after
consultation with relevant State and local public
health officials, private sector developmental
disability researchers, and advocates for those with
developmental disabilities;
(B) The center will assist with the development and
coordination of State autism and pervasive
developmental disabilities surveillance efforts within
a region;
(C) The center will provide education, training,
and clinical skills improvement for health
professionals aimed at better understanding and
treatment of autism and related developmental
disabilities; and
(D) The center will identify eligible cases and
controls through its surveillance systems and conduct
research into factors which may cause autism and
related developmental disabilities; each program will
develop or extend an area of special research expertise
(including, but not limited to, genetics, environmental
exposure to contaminants, immunology, and other
relevant research specialty areas).
SEC. 4. CLEARINGHOUSE.
The Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall carry out the following:
(1) The Centers for Disease Control and Prevention shall
serve as the coordinating agency for autism and pervasive
developmental disabilities surveillance activities through the
establishment of a clearinghouse for the collection and storage
of data generated from the monitoring programs created by this
Act. The functions of such a clearinghouse shall include
facilitating the coordination of research and policy
development relating to the epidemiology of autism and other
pervasive developmental disabilities.
(2) The Secretary, acting through the Centers for Disease
Control and Prevention, shall coordinate the Federal response
to requests for assistance from State health department
officials regarding potential or alleged autism or
developmental disability clusters.
SEC. 5. ADVISORY COMMITTEE.
(a) In General.--The Secretary shall establish an Advisory
Committee for Autism and Pervasive Developmental Disabilities
Epidemiology Research (in this section referred to as the
``Committee''). The Committee shall provide advice and recommendations
to the Director of the Centers for Disease Control and Prevention on--
(1) the establishment of a national autism and pervasive
developmental disabilities surveillance program;
(2) the establishment of centers of excellence in autism
and pervasive developmental disabilities epidemiology;
(3) methods and procedures to more effectively coordinate
government and non-government programs and research on autism
and pervasive developmental disabilities epidemiology; and
(4) the effective operation of autism and pervasive
developmental disabilities epidemiology research activities.
(b) Composition.--
(1) In general.--The Committee shall be composed of ex
officio members in accordance with paragraph (2) and 11
appointed members in accordance with paragraph (3).
(2) Ex officio members.--The following officials shall
serve as ex officio members of the Committee:
(A) The Director of the National Center for
Environmental Health.
(B) The Assistant Administrator of the Agency for
Toxic Substances and Disease Registry.
(C) The Director of the National Institute of Child
Health and Human Development.
(D) The Director of the National Institute of
Neurological Disorders and Stroke.
(3) Appointed members.--Appointments to the Committee shall
be made in accordance with the following:
(A) Two members shall be research scientists with
demonstrated achievements in research related to autism
and related developmental disabilities. The scientists
shall be appointed by the Secretary in consultation
with the National Academy of Sciences.
(B) Five members shall be representatives of the
five national organizations whose primary emphasis is
on research into autism and other pervasive
developmental disabilities. One representative from
each of such organizations shall be appointed by the
Secretary in consultation with the National Academy of
Sciences.
(C) Two members shall be clinicians whose practice
is primarily devoted to the treatment of individuals
with autism and other pervasive developmental
disabilities. The clinicians shall be appointed by the
Secretary in consultation with the Institute of
Medicine and the National Academy of Sciences.
(D) Two members shall be individuals who are the
parents or legal guardians of a person or persons with
autism or other pervasive developmental disabilities.
The individuals shall be appointed by the Secretary in
consultation with the ex officio members under
paragraph (1) and the five national organizations
referred to in subparagraph (B).
(c) Administrative Support; Terms of Service; Other Provisions.--
The following apply with respect to the Committee:
(1) The Committee shall receive necessary and appropriate
administrative support from the Department of Health and Human
Services.
(2) Members of the Committee shall be appointed for a term
of three years, and may serve for an unlimited number of terms
if reappointed.
(3) The Committee shall meet no less than two times per
year.
(4) Members of the Committee shall not receive additional
compensation for their service. Such members may receive
reimbursement for appropriate and additional expenses that are
incurred through service on the Committee which would not have
incurred had they not been a member of the Committee.
SEC. 6. REPORT TO CONGRESS.
The Secretary shall prepare and submit to the Congress, after
consultation and comment by the Advisory Committee, an annual report
regarding the prevalence and incidence of autism and other pervasive
developmental disorders, the results of research into the etiology of
autism and other pervasive developmental disorders, public health
responses to known or preventable causes of autism and other pervasive
developmental disorders, and the need for additional research into
promising lines of scientific inquiry.
SEC. 7. DEFINITION.
For purposes of this Act, the term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there is authorized to be
appropriated $7,500,000 for each of the fiscal years 1999 through 2003. | Autism Statistics, Surveillance, Research, and Epidemiology Act of 1998 (ASSURE) - Authorizes grants and contracts for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities.
Mandates establishment of three to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze information, to be established and operated through grants or cooperative agreements.
Requires that the Centers for Disease Control and Prevention serve as the coordinating agency for autism and pervasive developmental disabilities surveillance through the establishment of a clearinghouse for data generated from the monitoring programs created by this Act.
Mandates establishment of an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research.
Authorizes appropriations. | {"src": "billsum_train", "title": "Autism Statistics, Surveillance, Research, and Epidemology Act of 1998 (ASSURE)"} | 2,092 | 169 | 0.528569 | 1.513576 | 0.734733 | 5.545455 | 15.348485 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Withdrawal Act of
1995''.
SEC. 2. REPEAL OF UNITED NATIONS PARTICIPATION ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Participation Act of 1945 (Public Law 79-
264) is repealed.
(b) Closure of United States Mission to United Nations.--Effective
4 years after the date of the enactment of this Act, the United States
Mission to the United Nations shall be closed and all staff and any
remaining functions of such office shall be carried out through the
Secretary of State and the Department of State.
(c) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations of the withdrawal of the United States from the United
Nations as of the effective date of the repeal under subsection (a).
SEC. 3. REPEAL OF UNITED NATIONS HEADQUARTERS AGREEMENT ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Headquarters Agreement Act (Public Law 80-
357) is repealed.
(b) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations that the United States will unilaterally withdraw from
the agreement between the United States of America and the United
Nations regarding the headquarters of the United Nations (signed at
Lake Success, New York, on June 26, 1947, which was brought into effect
by the United Nations Headquarters Agreement Act) as of the effective
date of the repeal under subsection (a).
(c)Negotiations for New Agreement.--It is the sense of the Congress
that the President should enter into such negotiations as are necessary
for a new agreement with the United Nations for essential and necessary
services such as utilities and police protection and compensation for
such services. Any such new agreement shall be submitted to the
Congress for approval prior to implementation.
SEC. 4. UNITED STATES ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE
UNITED NATIONS.
(a) Reduction.--Except as provided in subsection (c), for the first
fiscal year beginning after the date of the enactment of this Act and
for each of the 3 subsequent fiscal years, the total amount which is
authorized to be appropriated or otherwise made available for assessed
and voluntary contributions of the United States to the United Nations
shall be the total amount appropriated or otherwise made available for
the previous fiscal year reduced by 25 percent.
(b) Termination.--For any fiscal year beginning more than 4 years
after the date of the enactment of this Act, no funds are authorized to
be appropriated or otherwise made available for assessed or voluntary
contributions of the United States to the United Nations.
(c) Limitation.--The provisions of this section shall not apply to
any independent or voluntary agency of the United Nations.
SEC. 5. SPECIAL ENVOY.
(a) Special Envoy.--Effective 4 years after the date of the
enactment of this Act, the President, by and with the advice and
consent of the Senate, shall appoint a special envoy to represent the
United States in all matters concerning the United States and the
International Atomic Energy Agency and the Nuclear Non-Proliferation
Treaty, who shall have the rank of ambassador.
(b) Prohibition.--Notwithstanding any other provision of law, the
duties and functions of the special envoy appointed pursuant to
subsection (a) shall be limited to representation of the United States
in matters concerning the International Atomic Energy Agency and the
Nuclear Non-Proliferation Treaty.
SEC. 6. UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) Reductions.--For the first fiscal year beginning after the date
of the enactment of this Act and for each of the 3 subsequent fiscal
years, the total amount which is authorized to be appropriated or
otherwise made available for United States assessed or voluntary
contributions for peacekeeping operations of the United Nations shall
not exceed the amount appropriated or otherwise made available for such
peacekeeping operations for fiscal year 1995.
(b) Termination.--For any fiscal year beginning more than 4 years
after the date of the enactment of this Act, no funds are authorized to
be appropriated or otherwise made available for any United States
contribution to any United Nations peacekeeping operation.
(c) Limitations on United States Participation in United Nations
Peacekeeping Operations.--For any fiscal year beginning more than 4
years after the date of the enactment of this Act, no funds may be
obligated or expended to support the participation of any member of the
Armed Forces of the United States as part of any United Nations
peacekeeping operation or force.
SEC. 7. REPEAL OF UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL
ORGANIZATION ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Educational, Scientific, and Cultural
Organization Act (Public Law 79-565) is repealed.
(b) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations that the United States will withdraw from membership in
the United Nations Educational, Scientific, and Cultural Organization
as of the effective date of the repeal under subsection (a).
SEC. 8. SENSE OF CONGRESS REGARDING UNITED NATIONS HEADQUARTERS
PRESENCE IN THE UNITED STATES.
It is the sense of the Congress that the United States should
request the withdrawal of the United Nations headquarters (and its
affiliated missions) from the United States. | United Nations Withdrawal Act of 1995 - Repeals: (1) the United Nations Participation Act of 1945; (2) the United Nations Headquarters Agreement Act; and (3) the United Nations Educational, Scientific, and Cultural Organization Act.
(Sec. 2) Requires closure of the United States Mission to the United Nations (UN). Requires the Secretary of State to notify the UN of U.S. withdrawal from it.
(Sec. 4) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution to the United Nations to the total amount appropriated for the previous fiscal year reduced by 25 percent. Prohibits, after the fourth such fiscal year, the appropriation of funds for such U.S. contribution.
(Sec. 5) Directs the President, by and with the advice and consent of the Senate, to appoint a special envoy to represent the United States in all matters concerning it and the International Atomic Energy Agency and the Nuclear Non-Proliferation Treaty.
(Sec. 6) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution for peacekeeping operations of the UN to no more than the amount appropriated for such activities for FY 1995. Prohibits, after the fourth such fiscal year, the appropriation of funds for such activities.
(Sec. 7) Requires the Secretary to notify the UN of the U.S. withdrawal from membership in the United Nations Educational, Scientific, and Cultural Organization.
(Sec. 8) Expresses the sense of the Congress that the United States should request the withdrawal of the U.N. headquarters and its affiliated missions from the United States. | {"src": "billsum_train", "title": "United Nations Withdrawal Act of 1995"} | 1,316 | 398 | 0.648815 | 1.963198 | 0.679271 | 3.78979 | 3.39039 | 0.882883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Inclusion
Act''.
SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT
CHILD, SIBLING, OR GRANDPARENT.
(a) Definitions.--
(1) Inclusion of grandparents, grandchildren, parents-in-
law, siblings, and domestic partners.--Section 101 of such Act
is further amended by adding at the end the following:
``(20) Domestic partner.--The term `domestic partner'
means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides, or who is
lawfully married to the employee under the laws of the
State where the employee resides; or
``(B) in the case of an unmarried employee who
lives in a State where a person cannot marry a person
of the same sex under the laws of the State, an
unmarried adult person of the same sex as the employee
who is in a committed, personal relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.
``(21) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(22) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.
``(23) Parent-in-law.--The term `parent-in-law' means a
parent of the spouse or domestic partner of an employee.
``(24) Sibling.--The term `sibling' means any person who is
a son or daughter of an employee's parent.
``(25) Son-in-law and daughter-in-law.--The terms `son-in-
law' and `daughter-in-law', used with respect to an employee,
means any person who is a spouse or domestic partner of a son
or daughter of the employee.''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is
amended--
(A) by inserting ``a child of an individual's
domestic partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows
and inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling, of the employee if such
spouse, domestic partner, son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling'';
(2) in subsection (a)(1)(E), by striking ``spouse, or a
son, daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
or sibling'';
(3) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic partner,
son, daughter, son-in-law, daughter-in-law, parent, parent-in-
law, grandparent, or sibling,'';
(4) in subsection (e)(2)(A), by striking ``spouse,
parent,'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling,'';
(5) in subsection (e)(3), by striking ``spouse, or a son,
daughter, or parent,'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
or sibling,''; and
(6) in subsection (f)--
(A) in the matter preceding subparagraph (A), by
inserting ``or domestic partners'' after ``husband and
wife''; and
(B) in subparagraph (B), by inserting ``or parent-
in-law'' after ``parent''.
(c) Certification.--Section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, or sibling'';
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent and an estimate of the amount of time that such employee
is needed to care for the son, daughter, spouse, or parent''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, or sibling and an estimate of the
amount of time that such employee is needed to care for such
son, daughter, spouse or domestic partner, parent, parent-in-
law, grandparent, or sibling''; and
(3) in subsection (b)(7), by striking ``parent, or spouse''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, or sibling''.
(d) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
(1) in subparagraph (A)(i), by striking ``spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, or sibling''; and
(2) in subparagraph (C)(ii), by striking ``spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, or sibling''.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of grandparents, parents-in-law, siblings,
and domestic partners.--Section 6381 of title 5, United States
Code, is amended--
(A) in paragraph (11) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(13) the term `domestic partner' means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides, or who is
lawfully married to the employee under the laws of the
State where the employee resides; or
``(B) in the case of an unmarried employee who
lives in a State where a person cannot marry a person
of the same sex under the laws of the State, an
unmarried adult person of the same sex as the employee
who is in a committed, personal relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employing agency
by such employee as that employee's domestic partner;
``(14) the term `parent-in-law' means a parent of the
spouse or domestic partner of an employee;
``(15) the term `grandchild' means the son or daughter of
an employee's son or daughter;
``(16) the term `grandparent' means a parent of a parent of
an employee;
``(17) the term `sibling' means any person who is a son or
daughter of an employee's parent; and
``(18) the terms `son-in-law and daughter-in-law', used
with respect to an employee, means any person who is a spouse
or domestic partner of a son or daughter of the employee.''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 6381(6) of such title is amended--
(A) by inserting ``a child of an individual's
domestic partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows
and inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling, of the employee if such
spouse, domestic partner, son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling'';
(2) in subsection (a)(1)(E), by striking ``spouse, or a
son, daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
or sibling'';
(3) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic partner,
son, daughter, son-in-law, daughter-in-law, parent, parent-in-
law, grandparent, sibling,'';
(4) in subsection (e)(2)(A), by striking ``spouse,
parent,'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling,''; and
(5) in subsection (e)(3), by striking ``spouse, or a son,
daughter, or parent,'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
or sibling,''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, or sibling''; and
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, or sibling and an
estimate of the amount of time that such employee is needed to
care for such son, daughter, spouse or domestic partner,
parent, parent-in-law, grandparent, grandchild, or sibling''. | Family and Medical Leave Inclusion Act - Amends the Family and Medical Leave Act of 1993 to provide for employee leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, son-in-law, or daughter-in-law (as well as for a spouse, child, or parent), if such person has a serious health condition.
Amends federal civil service law to apply the same leave allowance to federal employees. | {"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, grandchild, or grandparent who has a serious health condition, and for other purposes."} | 2,629 | 112 | 0.55771 | 1.409001 | 0.476314 | 3.171717 | 23.494949 | 0.868687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2003''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) In General.--Subject to subsections (b) and (c) and section 4,
the Secretary of Agriculture (referred to in this title as the
``Secretary'') shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm that
have incurred qualifying crop losses for the 2001 or 2002 crop due to
damaging weather or related condition, as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for the
quantity and quality losses as were used in administering that section.
(c) Choice of Payments.--If a producer on a farm incurred
qualifying crop losses for each of the 2001 and 2002 crop years, the
producer may receive payments under this section for losses associated
with the losses in either the 2001 crop year or the 2002 crop year, but
not both.
SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) In General.--Subject to subsection (b) and section 4, the
Secretary shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make and administer payments for
livestock losses using the criteria established to carry out the 1999
Livestock Assistance Program (except for application of the national
percentage reduction factor) to producers for 2001 and 2002 losses in a
county that has received an emergency designation by the President or
the Secretary in calendar year 2001 or 2002.
(b) Choice of Payments.--If a producer is on a farm located in a
county that received an emergency designation described in subsection
(a) in each of calendar years 2001 and 2002, the producer may receive
payments under this section for losses associated with the declaration
in either calendar year 2001 or calendar year 2002, but not both.
SEC. 4. INELIGIBILITY FOR PAYMENTS.
(a) Definitions.--In this section
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain additional
coverage.
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Ineligibility.--Except as provided in subsection (c), the
producers on a farm shall not be eligible for a payment under section 2
with respect to losses to an insurable commodity or noninsurable
commodity for a crop or calendar year (as applicable) if the producers
on the farm--
(1) in the case of an insurable commodity, did not obtain
additional coverage for the insurable commodity for the crop or
calendar year (as applicable); and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(c) Waivers.--The Secretary may waive the application of subsection
(b) to the producers on a farm for a crop or calendar year (as
applicable) if--
(1) in the case of an insurable commodity, the producers on
the farm enter into a contract with the Secretary under which
the producers on the farm agree--
(A) to obtain additional coverage for the insurable
commodity for each of the next 3 crop or calendar years
(as applicable); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crop
or calendar years (as applicable); and
(2) in the case of a noninsurable commodity, the producers
on the farm enter into a contract with the Secretary under
which the producers on the farm agree--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity for each of
the next 3 crop or calendar years (as applicable) under
section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crop
or calendar years (as applicable).
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 7. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)). | Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. | {"src": "billsum_train", "title": "A bill to provide emergency disaster assistance to agricultural producers."} | 1,577 | 142 | 0.60588 | 1.677671 | 0.671817 | 2.007692 | 10.730769 | 0.853846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware Water Gap National
Recreation Area Natural Gas Pipeline Enlargement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the
Columbia Gas Transmission Corporation.
(2) Pipeline.--The term ``pipeline'' means that portion of
the pipeline of the Corporation numbered 1278 that is--
(A) located in the Recreation Area; and
(B) situated on 2 tracts designated by the
Corporation as ROW No. 16405 and No. 16414.
(3) Recreation area.--The term ``Recreation Area'' means
the Delaware Water Gap National Recreation Area in the
Commonwealth of Pennsylvania.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Recreation Area.
SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.
(a) In General.--The Secretary may enter into an agreement with the
Corporation to grant to the Corporation, for no consideration, an
easement to enlarge the diameter of the pipeline from 14 inches to not
more than 20 inches.
(b) Terms and Conditions.--The easement authorized under subsection
(a) shall--
(1) be consistent with--
(A) the recreational values of the Recreation Area;
and
(B) protection of the resources of the Recreation
Area;
(2) include provisions for the protection of resources in
the Recreation Area that ensure that only the minimum and
necessary amount of disturbance, as determined by the
Secretary, shall occur during the construction or maintenance
of the enlarged pipeline;
(3) be consistent with the laws (including regulations) and
policies applicable to units of the National Park System; and
(4) be subject to any other terms and conditions that the
Secretary determines to be necessary;
(c) Permits.--
(1) In general.--The Superintendent may issue a permit to
the Corporation for the use of the Recreation Area in
accordance with subsection (b) for the temporary construction
and staging areas required for the construction of the enlarged
pipeline.
(2) Prior to issuance.--The easement authorized under
subsection (a) and the permit authorized under paragraph (1)
shall require that before the Superintendent issues a permit
for any clearing or construction, the Corporation shall--
(A) consult with the Superintendent;
(B) identify natural and cultural resources of the
Recreation Area that may be damaged or lost because of
the clearing or construction; and
(C) submit to the Superintendent for approval a
restoration and mitigation plan that--
(i) describes how the land subject to the
easement will be maintained; and
(ii) includes a schedule for, and
description of, the specific activities to be
carried out by the Corporation to mitigate the
damages or losses to, or restore, the natural
and cultural resources of the Recreation Area
identified under subparagraph (B).
(d) Pipeline Replacement Requirements.--The enlargement of the
pipeline authorized under subsection (a) shall be considered to meet
the pipeline replacement requirements required by the Research and
Special Programs Administration of the Department of Transportation
(CPF No. 1-2002-1004-H).
(e) FERC Consultation.--The Corporation shall comply with all other
requirements for certification by the Federal Energy Regulatory
Commission that are necessary to permit the increase in pipeline size.
(f) Limitation.--The Secretary shall not grant any additional
increases in the diameter of, or easements for, the pipeline within the
boundary of the Recreation Area after the date of enactment of this
Act.
(g) Effect on Right-of-Way Easement.--Nothing in this Act increases
the 50-foot right-of-way easement for the pipeline.
(h) Penalties.--On request of the Secretary, the Attorney General
may bring a civil action against the Corporation in United States
district court to recover damages and response costs under Public Law
101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if--
(1) the Corporation--
(A) violates a provision of--
(i) an easement authorized under subsection
(a); or
(ii) a permit issued under subsection (c);
or
(B) fails to submit or timely implement a
restoration and mitigation plan approved under
subsection (c)(3); and
(2) the violation or failure destroys, results in the loss
of, or injures any park system resource (as defined in section
1 of Public Law 101-337 (16 U.S.C. 19jj)). | Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act - Authorizes the Secretary of the Interior to grant the Columbia Gas Transmission Corporation an easement to enlarge the diameter of a specified pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania.
Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area for temporary construction and staging areas required for the construction of the enlarged pipeline.
Requires the Corporation to comply with all requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size.
Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area."} | 1,024 | 191 | 0.66794 | 1.908348 | 0.91839 | 6.554217 | 5.686747 | 0.963855 |
SECTION 1. EXEMPTION FROM INCOME TAX FOR STATE-CREATED ORGANIZATIONS
PROVIDING PROPERTY AND CASUALTY INSURANCE FOR PROPERTY
FOR WHICH SUCH COVERAGE IS OTHERWISE UNAVAILABLE.
(a) In General.--Subsection (c) of section 501 of the Internal
Revenue Code of 1986 (relating to exemption from tax on corporations,
certain trusts, etc.) is amended by adding at the end the following new
paragraph:
``(28)(A) Any association created before January 1, 1999,
by State law and organized and operated exclusively to provide
property and casualty insurance coverage for property located
within the State and with respect to which the State
determines, through appropriate State action, that coverage in
the authorized insurance market is not reasonably available to
a substantial number of insurable real properties (and any
successor association), if--
``(i) no part of the net earnings of which inures
to the benefit of any private shareholder or
individual,
``(ii) except as provided in clause (v), no part of
the assets of which may be used for, or diverted to,
any purpose other than--
``(I) to satisfy, in whole or in part, the
liability of the association for, or with
respect to, claims made on policies written by
the association,
``(II) to invest in investments authorized
by applicable law,
``(III) to pay reasonable and necessary
administration expenses in connection with the
establishment and operation of the association
and the processing of claims against the
association, or
``(IV) to make remittances pursuant to
State law to be used by the State to provide
for the payment of claims on policies written
by the association, purchase reinsurance
covering losses under such policies, or to
support governmental programs to prepare for or
mitigate the effects of natural catastrophic
events,
``(iii) the State law governing the association
permits the association to levy assessments on
insurance companies authorized to sell property and
casualty insurance in the State, or on property and
casualty insurance policyholders with insurable
interests in property located in the State to fund
deficits of the association, including the creation of
reserves,
``(iv) the plan of operation of the association is
subject to approval by the chief executive officer or
other official of the State, by the State legislature,
or both, and
``(v) the assets of the association revert upon
dissolution to the State, the State's designee, or an
entity designated by the State law governing the
association, or State law does not permit the
dissolution of the association.
``(B)(i) An entity described in clause (ii) (and any
successor entity) shall be disregarded as a separate entity and
treated as part of the association described in subparagraph
(A) from which it receives remittances described in clause (ii)
if an election is made within 30 days after the date that such
association is determined to be exempt from tax.
``(ii) An entity is described in this clause if it is an
entity or fund created before January 1, 1999, pursuant to
State law and organized and operated exclusively to receive,
hold, and invest remittances from an association described in
subparagraph (A) and exempt from tax under subsection (a), to
make disbursements to pay claims on insurance contracts issued
by such association, and to make disbursements to support
governmental programs to prepare for or mitigate the effects of
natural catastrophic events.''.
(b) Unrelated Business Taxable Income.--Subsection (a) of section
512 of the Internal Revenue Code of 1986 (relating to unrelated
business taxable income) is amended by adding at the end the following
new paragraph:
``(6) Special rule applicable to organizations described in
section 501(c)(28).--In the case of an organization described
in section 501(c)(28), the term `unrelated business taxable
income' means taxable income for a taxable year computed
without the application of section 501(c)(28) if at the end of
the immediately preceding taxable year the organization's net
equity exceeded 15 percent of the total coverage in force under
insurance contracts issued by the organization and outstanding
at the end of such preceding year.''.
(c) Transitional Rule.--No income or gain shall be recognized by an
association as a result of a change in status to that of an association
described by section 501(c)(28) of the Internal Revenue Code of 1986,
as amended by subsection (a).
(d) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to add to the list of 501(c) organizations (tax-exempt organizations) any nonprofit association created before January 1, 1999, by State law and organized and operated exclusively to provide property and casualty insurance coverage for losses occurring due to the effect of natural catastrophic events for property located within the State for which the State has determined that coverage in the authorized insurance market is not reasonably available to a substantial number of insurable real properties. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide equitable treatment for associations which prepare for or mitigate the effects of natural disasters."} | 1,048 | 99 | 0.576207 | 1.547716 | 1.209487 | 4.715909 | 10.795455 | 0.897727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ALS Registry Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Amyotrophic lateral sclerosis (referred to in this
section as ``ALS'') is a fatal, progressive neurodegenerative
disease that affects motor nerve cells in the brain and the
spinal cord.
(2) The average life expectancy for a person with ALS is 2
to 5 years from the time of diagnosis.
(3) The cause of ALS is not well understood.
(4) There is only one drug currently approved by the Food
and Drug Administration for the treatment of ALS, which has
thus far shown only modest effects, prolonging life by just a
few months.
(5) There is no known cure for ALS.
(6) More than 5,000 individuals in the United States are
diagnosed with ALS annually and as many as 30,000 individuals
may be living with ALS in the United States today.
(7) Studies have found relationships between ALS and
environmental and genetic factors, but those relationships are
not well understood.
(8) Scientists believe that there are significant ties
between ALS and other motor neuron diseases.
(9) Several ALS disease registries and databases exist in
the United States and throughout the world, including the SOD1
database, the National Institute of Neurological Disorders and
Stroke repository, and the Department of Veterans Affairs ALS
Registry.
(10) A single national system to collect and store
information on the prevalence and incidence of ALS in the
United States does not exist.
(11) In each of fiscal years 2006 and 2007, Congress
directed $887,000 to the Centers for Disease Control and
Prevention to begin a nationwide ALS registry.
(12) The Centers for Disease Control and Prevention and the
Agency for Toxic Substances and Disease Registry have
established three pilot projects, beginning in fiscal year
2006, to evaluate the science to guide the creation of a
national ALS registry.
(13) The establishment of a national registry will help--
(A) to identify the incidence and prevalence of ALS
in the United States;
(B) to collect data important to the study of ALS;
(C) to promote a better understanding of ALS;
(D) to collect information that is important for
research into the genetic and environmental factors
that cause ALS;
(E) to strengthen the ability of a clearinghouse--
(i) to collect and disseminate research
findings on environmental, genetic, and other
causes of ALS and other motor neuron disorders
that can be confused with ALS, misdiagnosed as
ALS, and in some cases progress to ALS;
(ii) to make available information to
patients about research studies for which they
may be eligible; and
(iii) to maintain information about
clinical specialists and clinical trials on
therapies; and
(F) to enhance efforts to find treatments and a
cure for ALS.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the receipt
of the report described in subsection (b)(3), the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention and in consultation with a national voluntary
health organization with experience serving the population of
individuals with amyotrophic lateral sclerosis (referred to in
this section as `ALS'), shall--
``(A) develop a system to collect data on ALS and
other motor neuron disorders that can be confused with
ALS, misdiagnosed as ALS, and in some cases progress to
ALS, including information with respect to the
incidence and prevalence of the disease in the United
States; and
``(B) establish a national registry for the
collection and storage of such data to include a
population-based registry of cases in the United States
of ALS and other motor neuron disorders that can be
confused with ALS, misdiagnosed as ALS, and in some
cases progress to ALS.
``(2) Purpose.--It is the purpose of the registry
established under paragraph (1)(B) to gather available data
concerning--
``(A) ALS, including the incidence and prevalence
of ALS in the United States;
``(B) the environmental and occupational factors
that may be associated with the disease;
``(C) the age, race or ethnicity, gender, and
family history of individuals who are diagnosed with
the disease;
``(D) other motor neuron disorders that can be
confused with ALS, misdiagnosed as ALS, and in some
cases progress to ALS; and
``(E) other matters as recommended by the Advisory
Committee established under subsection (b).
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall establish a committee to be known as the Advisory
Committee on the National ALS Registry (referred to in this
section as the `Advisory Committee'). The Advisory Committee
shall be composed of at least one member, to be appointed by
the Secretary, acting through the Director of the Centers for
Disease Control and Prevention, representing each of the
following:
``(A) National voluntary health associations that
focus solely on ALS and have demonstrated experience in
ALS research, care, and patient services, as well as
other voluntary associations focusing on
neurodegenerative diseases that represent and advocate
on behalf of patients with ALS and patients with other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS.
``(B) The National Institutes of Health, to
include, upon the recommendation of the Director of the
National Institutes of Health, representatives from the
National Institute of Neurological Disorders and Stroke
and the National Institute of Environmental Health
Sciences.
``(C) The Department of Veterans Affairs.
``(D) The Agency for Toxic Substances and Disease
Registry.
``(E) The Centers for Disease Control and
Prevention.
``(F) Patients with ALS or their family members.
``(G) Clinicians with expertise on ALS and related
diseases.
``(H) Epidemiologists with experience in data
registries.
``(I) Geneticists or experts in genetics who have
experience with the genetics of ALS or other
neurological diseases.
``(J) Statisticians.
``(K) Ethicists.
``(L) Attorneys.
``(M) Other individuals with an interest in
developing and maintaining the National ALS Registry.
``(2) Duties.--The Advisory Committee shall review
information and make recommendations to the Secretary
concerning--
``(A) the development and maintenance of the
National ALS Registry;
``(B) the type of information to be collected and
stored in the Registry;
``(C) the manner in which such data is to be
collected;
``(D) the use and availability of such data
including guidelines for such use; and
``(E) the collection of information about diseases
and disorders that primarily affect motor neurons that
are considered essential to furthering the study and
cure of ALS.
``(3) Report.--Not later than 1 year after the date on
which the Advisory Committee is established, the Advisory
Committee shall submit a report concerning the review conducted
under paragraph (2) that contains the recommendations of the
Advisory Committee with respect to the results of such review.
``(c) Grants.--Notwithstanding the recommendations of the Advisory
Committee under subsection (b), the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may award
grants to, and enter into contracts and cooperative agreements with,
public or private nonprofit entities for the collection, analysis, and
reporting of data on ALS and other motor neuron disorders that can be
confused with ALS, misdiagnosed as ALS, and in some cases progress to
ALS.
``(d) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the National ALS
Registry under subsection (a), the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall--
``(A) identify, build upon, expand, and coordinate
among existing data and surveillance systems, surveys,
registries, and other Federal public health and
environmental infrastructure wherever possible,
including--
``(i) the 3 ALS registry pilot projects
initiated in fiscal year 2006 by the Centers
for Disease Control and Prevention and the
Agency for Toxic Substances and Disease
Registry at the South Carolina Office of
Research & Statistics; the Mayo Clinic in
Rochester, Minnesota; and Emory University in
Atlanta, Georgia;
``(ii) the Department of Veterans Affairs
ALS Registry;
``(iii) the DNA and Cell Line Repository of
the National Institute of Neurological
Disorders and Stroke Human Genetics Resource
Center;
``(iv) the Agency for Toxic Substances and
Disease Registry studies, including studies
conducted in Illinois, Missouri, El Paso and
San Antonio, Texas, and Massachusetts;
``(v) State-based ALS registries, including
the Massachusetts ALS Registry;
``(vi) the National Vital Statistics
System; and
``(vii) any other existing or relevant
databases that collect or maintain information
on those motor neuron diseases recommended by
the Advisory Committee established in
subsection (b); and
``(B) provide for research access to ALS data as
recommended by the Advisory Committee established in
subsection (b) to the extent permitted by applicable
statutes and regulations and in a manner that protects
personal privacy consistent with applicable privacy
statutes and regulations.
``(2) Coordination with nih and department of veterans
affairs.--Notwithstanding the recommendations of the Advisory
Committee established in subsection (b), and consistent with
applicable privacy statutes and regulations, the Secretary
shall ensure that epidemiological and other types of
information obtained under subsection (a) is made available to
the National Institutes of Health and the Department of
Veterans Affairs.
``(e) Definition.--For the purposes of this section, the term
`national voluntary health association' means a national non-profit
organization with chapters or other affiliated organizations in States
throughout the United States.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $25,000,000 for fiscal year
2008, and $16,000,000 for each of the fiscal years 2009 through
2012.''.
Passed the House of Representatives October 16, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | ALS Registry Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on amyotrophic lateral sclerosis (ALS) and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, or progress to ALS; and (2) establish a national registry for the collection and storage of such data.
Requires the Secretary, acting through the Director, to establish the Advisory Committee on the National ALS Registry to review information and make recommendations to the Secretary concerning: (1) the development and maintenance of the registry; (2) the type of information to be included; (3) the manner in which data is to be collected; (4) the use and availability of such data; and (5) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS. Sets forth reporting requirements.
Allows the Secretary, acting through the Director, to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders.
Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to ALS data as recommended by the Advisory Committee in a manner that protects personal privacy.
Requires the Secretary to ensure that epidemiological and other types of information is made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs.
Authorizes appropriations for FY2008-FY2012. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry."} | 2,395 | 396 | 0.644486 | 2.083524 | 0.821639 | 5.638122 | 6.31768 | 0.958564 |
SECTION 1. PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CRIMINAL POLICE
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Safety, security and peace is important to every
citizen of the world, and shared information ensuring wide
assistance among police authorities of nations for expeditious
dissemination of information regarding criminal activities
greatly assists in these efforts.
(2) Direct and unobstructed participation in the
International Criminal Police Organization (INTERPOL) is
beneficial for all nations and their police authorities.
Internationally shared information with authorized police
authorities is vital to peacekeeping efforts.
(3) With a history dating back to 1914, the role of
INTERPOL is defined in its constitution: ``To ensure and
promote the widest possible mutual assistance between all
criminal police authorities within the limits of the laws
existing in the different countries and in the spirit of the
Universal Declaration of Human Rights.''.
(4) Ongoing international threats, including international
networks of terrorism, show the ongoing necessity to be ever
inclusive of nations willing to work together to combat
criminal activity. The ability of police authorities to
coordinate, preempt, and act swiftly and in unison is an
essential element of crisis prevention and response.
(5) Taiwan maintained full membership in INTERPOL starting
in 1964 through its National Police Administration but was
ejected in 1984 when the People's Republic of China (PRC)
applied for membership.
(6) Nonmembership prevents Taiwan from gaining access to
INTERPOL's I-24/7 global police communications system, which
provides real-time information on criminals and global criminal
activities. Taiwan is relegated to second-hand information from
friendly nations, including the United States.
(7) Taiwan is unable to swiftly share information on
criminals and suspicious activity with the international
community, leaving a huge void in the global crime-fighting
efforts and leaving the entire world at risk.
(8) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations and has consistently
reiterated that support.
(9) Following the enactment of Public Law 108-235, a law
authorizing the Secretary of State to initiate and implement a
plan to endorse and obtain observer status for Taiwan at the
annual summit of the World Health Assembly and subsequent
advocacy by the United States, Taiwan was granted observer
status to the World Health Assembly for six consecutive years
since 2009. Both prior to and in its capacity as an observer,
Taiwan has contributed significantly to the international
community's collective efforts in pandemic control, monitoring,
early warning, and other related matters.
(10) INTERPOL's constitution allows for observers at its
meetings by ``police bodies which are not members of the
Organization''.
(b) Taiwan's Participation in INTERPOL.--The President shall--
(1) develop a strategy to obtain observer status for Taiwan
in INTERPOL and at other related meetings, activities, and
mechanisms thereafter; and
(2) instruct INTERPOL Washington to officially request
observer status for Taiwan in INTERPOL and to actively urge
INTERPOL member states to support such observer status and
participation for Taiwan.
(c) Report Concerning Observer Status for Taiwan in INTERPOL.--Not
later than 30 days after the date of the enactment of this Act, the
President shall transmit to Congress a report, in unclassified form,
describing the United States strategy to endorse and obtain observer
status for Taiwan in INTERPOL and at other related meetings,
activities, and mechanisms thereafter. The report shall include the
following:
(1) A description of the efforts the President has made to
encourage INTERPOL member states to promote Taiwan's bid to
obtain observer status in INTERPOL.
(2) A description of the actions the President will take to
endorse and obtain observer status for Taiwan in INTERPOL and
at other related meetings, activities, and mechanisms
thereafter.
Passed the House of Representatives November 2, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . (Sec. 1) This bill directs the President to: (1) develop a strategy to obtain observer status for Taiwan in the International Criminal Police Organization (INTERPOL) and at other related activities, and (2) instruct INTERPOL Washington to request observer status for Taiwan in INTERPOL and urge INTERPOL members to support Taiwan's observer status and participation. The President shall report to Congress regarding the U.S. strategy to obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms. | {"src": "billsum_train", "title": "To direct the President to develop a strategy to obtain observer status for Taiwan in the International Criminal Police Organization, and for other purposes."} | 874 | 120 | 0.513971 | 1.492673 | 0.427988 | 5.424242 | 8.181818 | 0.939394 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Strengthening
Taxpayer Rights Act of 2017''.
(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, as amended.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--PREPARATION OF TAX RETURNS
Sec. 101. Preparer penalties with respect to preparation of returns and
other submissions.
Sec. 102. Limit redisclosures and uses of consent-based disclosures of
tax return information.
TITLE II--IMPROVING IRS PROCEDURES
Sec. 201. Modification of requirements relating to tax lien information
contained in consumer credit reports.
Sec. 202. De novo tax court review of innocent spouse relief
determinations.
Sec. 203. Removal of nonpayment period from list of triggering events
for returns relating to cancellation of
indebtedness.
Sec. 204. Special rules for levies that attach to a fixed and
determinable right.
TITLE I--PREPARATION OF TAX RETURNS
SEC. 101. PREPARER PENALTIES WITH RESPECT TO PREPARATION OF RETURNS AND
OTHER SUBMISSIONS.
(a) Inclusion of Other Submissions in Penalty Provisions.--
(1) Understatement of taxpayer's liability by tax return
preparer.--
(A) In general.--Section 6694 is amended by
striking ``return or claim of refund'' each place it
appears and inserting ``return, claim of refund, or
other submission to the Secretary''.
(B) Conforming amendments.--Section 6694, as
amended by paragraph (1), is amended by striking
``return or claim'' each place it appears and inserting
``return, claim, or other submission to the
Secretary''.
(2) Increase in penalty in case of gross misconduct.--
Subsection (b) of section 6694 is amended by adding at the end
the following new paragraph:
``(4) Increase in penalty in case of gross misconduct.--In
the case of an understatement to which this section applies
that is attributable to the tax return preparer's making a
false or fraudulent return or claim for refund without the
taxpayer's knowledge, subsection (a) shall be applied by
substituting `100 percent of the amount of the understatement'
for `50 percent of the amount derived (or to be derived) by the
tax return preparer with respect to the return or claim'. This
penalty shall be in addition to any other penalties provided by
law.''.
(3) Other assessable penalties.--
(A) In general.--Section 6695 is amended by
striking ``return or claim for refund'' each place it
appears and inserting ``return, claim for refund, or
other submission''.
(B) Conforming amendments.--Section 6695, as
amended by paragraph (1), is amended by striking
``return or claim'' each place it appears and inserting
``return, claim, or other submission''.
(b) Increase in Certain Other Assessable Penalty Amounts.--
(1) In general.--Subsections (a), (b), and (c) of section
6695 are each amended by striking ``$50'' and inserting
``$1,000''.
(2) Removal of annual limitation.--Subsections (a), (b),
and (c) of section 6695 are each amended by striking the last
sentence thereof.
(c) Review by the Treasury Inspector General for Tax
Administration.--Subparagraph (A) of section 7803(d)(2) is amended by
striking ``and'' at the end of clause (iii), by striking the period at
the end of clause (iv) and inserting ``, and'', and by adding at the
end the following new clause:
``(v) a summary of the penalties assessed
and collected during the reporting period under
sections 6694 and 6695 and under the
regulations promulgated under section 330 of
title 31, United States Code, and a review of
the procedures by which violations are
identified and penalties are assessed under
those sections,''.
(d) Additional Certification on Documents Other Than Returns.--
(1) Identifying number required for all submissions to the
irs by tax return preparers.--The first sentence of paragraph
(4) of section 6109(a) is amended by striking ``return or claim
for refund'' and inserting ``return, claim for refund,
statement, or other document''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to any return, claim for refund, or submission to
the Secretary that is filed after the date of the enactment of
this Act.
(e) Coordination With Section 6060(a).--The Secretary of the
Treasury shall coordinate the requirements under the regulations
promulgated under sections 330 and 330A of title 31, United States
Code, with the return requirements of section 6060 of the Internal
Revenue Code of 1986.
(f) Effective Date.--The regulations required by this section shall
be prescribed not later than one year after the date of the enactment
of this Act.
SEC. 102. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF
TAX RETURN INFORMATION.
(a) In General.--Subsection (c) of section 6103 is amended by
striking ``However, return'' and inserting the following: ``Persons
designated by the taxpayer to receive return information shall not use
the information for any purpose other than the express purpose for
which consent was granted and shall not disclose return information to
any other person without the express permission of, or request by, the
taxpayer. Return''.
(b) Effective Date.--The amendment made by this section shall apply
to disclosures after the date of the enactment of this Act.
TITLE II--IMPROVING IRS PROCEDURES
SEC. 201. MODIFICATION OF REQUIREMENTS RELATING TO TAX LIEN INFORMATION
CONTAINED IN CONSUMER CREDIT REPORTS.
(a) In General.--Paragraph (3) of section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)(3)) is amended to read as follows:
``(3) Tax liens.--The following tax liens:
``(A) Any tax lien released pursuant to section
6325(a) of the Internal Revenue Code of 1986 not more
than 2 years after the date that the notice of such
lien was filed.
``(B) Any tax lien released pursuant to section
6325(a) of such Code--
``(i) more than 2 years after the date that
the notice of such lien was filed, and
``(ii) more than 2 years before the report.
``(C) Any tax lien if--
``(i) the notice of such lien was not
refiled during the required refiling period (as
defined in section 6323(g)(3) of such Code),
and
``(ii) such period ends more than 6 years
before the report.
``(D) Any tax lien the notice of which is withdrawn
pursuant to section 6323(j)(1) of such Code.
``(E) Any tax lien released pursuant to section
6326(b) of such Code if the notice of such lien was
erroneously filed.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 202. DE NOVO TAX COURT REVIEW OF INNOCENT SPOUSE RELIEF
DETERMINATIONS.
(a) In General.--Section 6015 is amended--
(1) in subsection (e), by adding at the end the following
new paragraph:
``(6) Standard and scope of review.--Any review of a
determination made under this section shall be reviewed de novo
by the Tax Court and shall be based upon--
``(A) the administrative record established at the
time of the determination, and
``(B) any additional newly discovered or previously
unavailable evidence.''; and
(2) by amending subsection (f) to read as follows:
``(f) Equitable Relief.--
``(1) In general.--Under procedures prescribed by the
Secretary, if--
``(A) taking into account all the facts and
circumstances, it is inequitable to hold the individual
liable for any unpaid tax or any deficiency (or any
portion of either), and
``(B) relief is not available to such individual
under subsection (b) or (c),
the Secretary may relieve such individual of such liability.
``(2) Limitation.--A request for equitable relief under
this subsection may be made with respect to any portion of any
liability that--
``(A) has not been paid, provided that such request
is made before the expiration of the applicable period
of limitation under section 6502, or
``(B) has been paid, provided that such request is
made during the period in which the individual could
submit a timely claim for refund or credit of such
payment.''.
(b) Effective Date.--The amendments made by this section shall
apply to petitions or requests filed or pending on and after the date
of the enactment of this Act.
SEC. 203. REMOVAL OF NONPAYMENT PERIOD FROM LIST OF TRIGGERING EVENTS
FOR RETURNS RELATING TO CANCELLATION OF INDEBTEDNESS.
(a) In General.--Subsection (c) of section 6050P is amended by
adding at the end the following new paragraph:
``(4) Determining date of discharge.--Whether an entity has
discharged the indebtedness of any person shall not be
determined based solely on the passage of a specified period of
time during which the entity has not received payment on such
indebtedness.''.
(b) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after the date of the enactment of
this Act.
SEC. 204. SPECIAL RULES FOR LEVIES THAT ATTACH TO A FIXED AND
DETERMINABLE RIGHT.
(a) In General.--Section 6331 is amended by redesignating
subsection (l) as subsection (m) and by inserting after subsection (k)
the following new subsection:
``(l) Limitation on Levy After Expiration of Collection Period.--
``(1) Penalties and interest.--In the case of a levy that
attaches to a fixed and determinable right to payments or other
property, penalties, additions to tax, and interest shall not
accrue after the expiration of the period of limitations
provided in section 6502.
``(2) Retirement and disability payments.--In the case of a
levy on benefits under title II of the Social Security Act,
benefits under a plan on account of a disability, or retirement
benefits or amounts held in a retirement plan, such levy is not
enforceable with respect to such benefits or amounts after the
expiration of the period of limitations provided in section
6502 unless the taxpayer has committed a flagrant act (as
defined in section 6334(f)(2)).''.
(b) Effective Date.--The amendments made by this section shall
apply to levies served after the date of the enactment of this Act. | Strengthening Taxpayer Rights Act of 2017 This bill modifies requirements for the preparation of tax returns and Internal Revenue Service (IRS) procedures for the collection of taxes. The bill amends the Internal Revenue Code to: apply tax preparer penalties for the understatement of a taxpayer's liability and other violations to other submissions to the IRS, in addition to tax returns or refund claims; increase tax preparer penalties for gross misconduct and other violations; require identifying numbers to be included for all submissions to the IRS by tax return preparers (limited to tax returns or refund claims under current law); limit the disclosure of taxpayer information to the express purpose for which the taxpayer granted consent; provide for de novo review by the Tax Court of IRS innocent spouse relief determinations; specify that the determination of whether or not a debt has been discharged may not be based solely on a nonpayment period; and restrict the authority of the IRS to use a levy after the collection period has expired. The bill amends the Fair Credit Reporting Act to reduce from seven years to two years the period that a tax lien may appear on a taxpayer's credit report. | {"src": "billsum_train", "title": "Strengthening Taxpayer Rights Act of 2017"} | 2,716 | 249 | 0.555204 | 1.673381 | 0.844098 | 1.641256 | 10.215247 | 0.834081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Instructional Leadership Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In addition to handling traditional management duties,
the school principal is now expected to be an instructional
leader--to possess the content knowledge and instructional
skills to guide teaching and learning in the school.
(2) There is a clear expectation within the amendments made
by the No Child Left Behind Act of 2001 that principals become
instructional leaders. Section 2113(c) of the Elementary and
Secondary Education Act of 1965, as amended by the No Child
Left Behind Act of 2001, calls for principals to have ``the
instructional leadership skills to help teachers teach and
students learn'' and ``to help students meet challenging State
student academic achievement standards''.
(3) Despite this recognition of the importance of
instructional leadership, adequate attention and resources have
not been committed to training and supporting school principals
in the standards of instructional leadership.
(4) Licensure of school principals typically does not give
adequate emphasis to instructional leadership skills in the
certification process.
(5) The term ``highly qualified principal'' added by the No
Child Left Behind Act of 2001 should be defined and developed
to include a strong emphasis on instructional leadership.
SEC. 3. GRANTS FOR INSTRUCTIONAL LEADERSHIP.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I
as part J and by inserting after part H the following new part:
``PART I--INSTRUCTIONAL LEADERSHIP
``Sec. 1851. Competitive grants.
``SEC. 1851. COMPETITIVE GRANTS.
``(a) Grants to Develop Innovative Programs and Sites.--The
Secretary shall make competitive grants to eligible entities to develop
innovative programs and sites (such as leadership development schools)
to train school principals in instructional leadership skills,
including skills relating to--
``(1) effective instructional practices;
``(2) how to facilitate the development of a school vision;
``(3) aligning all aspects of a school culture to student
and adult learning;
``(4) monitoring the alignment of curriculum, instruction,
and assessment;
``(5) improving instructional practices through the
purposeful observation and evaluation of teachers;
``(6) ensuring the regular integration of appropriate
assessments into daily classroom instruction;
``(7) using technology and multiple sources of data to
improve classroom instruction;
``(8) providing staff with focused, sustained, research-
based professional development; and
``(9) engaging all community stakeholders in a shared
responsibility for student and school success.
``(b) Grants for Pilot Programs.--In addition to the grants under
subsection (a), the Secretary shall make competitive grants to State
educational agencies or to partnerships or consortia which include
State educational agencies to develop and implement pilot programs
designed to evaluate and promote the incorporation of standards of
instructional leadership into State principal certification or
licensure.
``(c) Duration.--A grant under this section shall be awarded for a
period of 2 years, and may be continued for a period of 2 additional
years.
``(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) Eligible Entity.--For purposes of this section, the term
`eligible entity' means--
``(1) a State educational agency,
``(2) a local educational agency,
``(3) a nonprofit organization (such as a State principal
association),
``(4) a institution of higher education, and
``(5) a partnership or consortium which includes at least 1
of the foregoing.
``(f) Reporting.--The recipient of any grant awarded under this
section shall report to the Secretary the results of its activities
funded by such grant. Such report shall be submitted at such time, in
such manner, and containing such information, as the Secretary may
require.
``(g) Revised Concept of Highly Qualified Principal.--
``(1) In general.--Based on the reports under subsection
(f), the Secretary shall establish a definition of `highly
qualified principal' that emphasizes standards of instructional
leadership.
``(2) Considerations.--In developing such a definition, the
Secretary shall give consideration to the need for principals
to--
``(A) demonstrate awareness of the knowledge skills
and attitudes needed to effectively lead teaching and
learning in schools;
``(B) engage in continuous professional
development, utilizing a combination of academic study,
developmental simulation exercises, self-reflection,
mentorship and internship; and
``(C) demonstrate the capacity to lead in
establishing and maintaining a professional learning
community that effectively uses data to improve and
personalize instruction for all students to result in
improved student achievement.
``(h) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $100,000,000 for fiscal year
2008 and such sums as may be necessary for each of the 5 succeeding
fiscal years.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 is amended by redesignating the
item relating to part I of title I as relating to part J and by
inserting before such item the following new item:
``Part I--Instructional Leadership''. | Instructional Leadership Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to states, local educational agencies, nonprofit organizations, institutions of higher education, or partnerships or consortia which include at least one of those entities to develop innovative programs and sites (such as leadership development schools) to train school principals in instructional leadership skills.
Requires the Secretary to award additional competitive grants to states or partnerships or consortia which include states for pilot programs that evaluate and promote the incorporation of instructional leadership standards into state principal certification or licensure.
Directs the Secretary to establish a definition of "highly-qualified principal" that is based on reports from this Act's grantees and emphasizes instructional leadership standards. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to authorize competitive grants to train school principals in instructional leadership skills and to promote the incorporation of standards of instructional leadership into State-level principal certification or licensure."} | 1,216 | 168 | 0.610277 | 1.565492 | 0.937553 | 3.384615 | 8.125874 | 0.867133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lyme and Infectious Disease
Information and Fairness in Treatment (LIIFT) Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is a bacterial infection that is
transmitted by a tick bite. Early signs of infection may
include a rash and flu-like symptoms such as fever, muscle
aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other disorders, such as
ehrlichiosis, babesiosis, and other strains of Borrelia. All of
these diseases in 1 patient makes diagnosis and treatment more
difficult.
(6) According to the Centers for Disease Control and
Prevention, cases of this tick-borne disease have increased 25-
fold since national surveillance of it began in 1982. Although
tick-borne disease cases have been reported in 49 States and
the District of Columbia, about 90 percent of the 15,000 cases
have been reported in the following 10 States: Connecticut,
Pennsylvania, New York, New Jersey, Rhode Island, Maryland,
Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have
shown that the actual number of tick-borne disease cases are
approximately 10 times the amount reported due to poor
surveillance of the disease.
(7) According to studies, Lyme disease costs our Nation
between $1,000,000,000 to $2,000,000,000 each year in increased
medical costs, lost productivity, prolonged pain and suffering,
unnecessary testing, and costly delays in diagnosis and
inappropriate treatment.
(8) Patients with Lyme disease are increasingly having
difficulty obtaining diagnosis and treatment for the disease,
and being restored to health. Because of differences in medical
and scientific opinion, clinicians fear retaliation from
insurance companies and medical licensure boards based on their
diagnosis and treatment of patients.
(9) A number of patients have difficulties in obtaining
insurance coverage for treatment of Lyme disease.
(10) Despite 14 years of Federal funding, there is still no
test that can accurately determine infection so that proper
treatment is adequately achieved. Persistence of symptomatology
in many patients without reliable testing makes treatment of
patients more difficult.
(11) According to the General Accounting Office, over the
past 10 years, the Centers for Disease Control and Prevention
has only increased its allocation for tick-borne research and
education by 7 percent, from $6,900,000 to $7,400,000. Over
that same period, the Centers for Disease Control and
Prevention's expenditures for infectious diseases rose 318
percent, from $70,800,000 to $296,000,000.
(12) According to the General Accounting Office, over the
past 10 years, the National Institutes of Health have increased
expenditures almost every year, from $13,100,000 in fiscal year
1991 to $26,000,000 in fiscal year 2000.
(13) The Lyme disease vaccine gained approval from the Food
and Drug Administration in 1998. Since that time, the Food and
Drug Administration has received over 1,000 adverse event
reports on the vaccine, including reports of severe arthritic symptoms
and even Lyme disease.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a Tick-Borne Disorders
Advisory Committee that will--
(1) provide a public voice regarding the direction and
activities of the governmental agencies that deal with Lyme
disease in order to create a better understanding and response
by the government to the public need regarding the disease;
(2) assure communication and coordination regarding tick-
borne disorder issues between agencies of the Department of
Health and Human Services, the biomedical community, and
voluntary organizations concerned; and
(3) promote coordination of activities with the Social
Security Administration and Department of Defense.
SEC. 4. TICK-BORNE DISORDERS ADVISORY COMMITTEE.
(a) Establishment of Committee.--Not later than 180 days after the
date of enactment of this Act, there shall be established an advisory
committee to be known as the Tick-Borne Disorders Advisory Committee
(referred to in this Act as the ``Committee'') organized in the Office
of the Secretary of Health and Human Services.
(b) Duties.--The Committee shall advise the Secretary of Health and
Human Services (in this Act referred to as the ``Secretary'') regarding
how to--
(1) provide public input on the public's needs regarding
tick-borne disorders, so that government agencies can more
effectively plan and execute their activities, thus improving
the response to public need;
(2) assure interagency coordination and communication and
minimize overlap regarding tick-borne disorder issues;
(3) identify opportunities to coordinate efforts with other
Federal agencies and tick-borne disorder national nonprofits;
and
(4) develop informed responses to constituency groups
regarding the efforts and progress of the Department of Health
and Human Services.
(c) Membership.--
(1) In general.--The Secretary shall appoint 11 voting
members to the Committee of which--
(A) 3 shall be scientific community members,
including a researcher or public health official, with
demonstrated achievement in tick-borne education,
research, or advocacy, and extensive experience in
working with a diverse range of patients, patient
groups, and tick-borne non-profits;
(B) 3 shall be representatives of national tick-
borne disorder voluntary organizations that advocate
for the public, as well as those suffering from or
providing medical care to patients with tick-borne
disorders;
(C) 3 shall be clinicians with extensive experience
in the diagnoses and treatment of tick-borne diseases
and with long-term experience, independent of an
individual practice or research, in working with
patients, patient groups, and tick-borne non-profits;
and
(D) 2 shall be patient representatives who are
individuals who have been diagnosed with tick-borne
illnesses or who have had an immediate family member
diagnosed with such illness.
(2) Ex-officio representatives.--The Committee shall have
nonvoting ex-officio members of which--
(A) 2 shall be from the Centers for Disease Control
and Prevention, 1 of which shall be from the Viral and
Rickettsial Diseases Division of the Viral and
Rickettsial Zoonoses Branch;
(B) 1 shall be from the Food and Drug
Administration, Office of Special Health Issues, in the
Office of the Commissioner;
(C) 3 shall be from the National Institutes of
Health--
(i) 1 of which shall be from the Rocky
Mountain Laboratories Microscopy Branch; and
(ii) 1 of which shall be a pathologist with
the National Institutes of Health who has
extensive experience in Lyme disease research
and a demonstrated ability to work well with
diverse groups in the patient, public, and
health care provider communities;
(D) 1 shall be from the Health Resources and
Services Administration;
(E) 1 shall be from the Social Security
Administration;
(F) 1 shall be from the Department of Defense,
United States Army Center for Health Promotion and
Preventive Medicine;
(G) 1 shall be from the Health Care Financing
Administration; and
(H) any additional members shall be added from
other Departments if necessary to aid the Committee in
its overall goals.
(d) Chairperson.--The Assistant Secretary for Health (Department of
Health and Human Services) shall serve as the co-chairperson of the
Committee with a public co-chairperson chosen by the members described
under subsection (c)(1). The public co-chairperson shall serve a 2-year
term and retain all voting rights.
(e) Term of Appointment.--All members shall be appointed to serve
on the Committee for 4 year terms.
(f) Vacancy.--If there is a vacancy on the Committee, such position
shall be filled in the same manner as the original appointment. Any
member appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of that term. Members may serve after the
expiration of their terms until their successors have taken office.
(g) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, giving notice to the public of
such, and meet at least twice a year with additional meetings subject
to the call of the Chairperson. Agenda items can be added at the
request of the Committee members, as well as the Chairperson. Meetings
shall be conducted, and records of the proceedings kept as required by
applicable laws and Departmental regulations.
(h) Reports.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on the activities carried out
under this Act.
(2) Content.--Such reports shall describe--
(A) progress in the development of more accurate
diagnostic tools and tests;
(B) the development of the other seven categories
of case definitions;
(C) the promotion of public awareness and physician
education initiatives to improve the knowledge of
health care providers and the public regarding the best
and most effective methods to prevent, diagnose and
treat tick-borne disorders;
(D) the improved access to disability benefits
policies for people living with tick-borne disorders;
and
(E) recommendations for resolving differences in
medical and scientific opinion that have resulted in
the exceptional number of reviews of Lyme disease
clinicians by insurance companies and State medical
licensure boards.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act, $250,000 for each of the fiscal
years 2002 and 2003.
SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.
There are authorized to be appropriated for the Centers for Disease
Control and Prevention--
(1) $14,500,000 for each of the fiscal years 2002 and 2003
to enable such Centers to focus on developing better diagnostic
tools and tests, expanding educational efforts regarding other
tick-borne disorders beyond Lyme disease, and re-educating
clinicians, medical licensure boards, and health care insurers
about the inappropriate uses of the Lyme disease case
surveillance definition in the diagnosis and treatment of
patients; and
(2) $7,000,000 for each of the fiscal years 2002 and 2003
to collaborate with the National Institutes of Health, the
Department of Defense, and other appropriate agencies for
further research on tick-borne disorders, including the study
of preventive methods to decrease exposure to such disorders.
SEC. 6. NATIONAL INSTITUTES OF HEALTH.
The Director of the National Institutes of Health, in working with
the Tick-Borne Disorders Advisory Committee established under this Act,
and recognizing that tick-borne disorders affect multiple systems of
the body, shall coordinate activities and research regarding tick-borne
diseases across Institutes to encourage collaborative research. | Lyme and Infectious Disease Information and Fairness in Treatment (LIFT) Act - Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS and the Social Security Administration (SSA) Commissioner regarding how to: (1) provide public input on the public's needs regarding tick-borne disorders (lyme and other infectious diseases) so that government agencies can coordinate and more effectively plan and execute their activities; and (2) develop informed responses to constituency groups regarding the efforts and progress of the HHS and SAA.Authorizes appropriations to the Centers for Disease Control and Prevention to: (1) focus on developing better diagnostic tools and tests, expanding educational efforts, and re-educating clinicians, medical license boards, and health care insurers about the inappropriate uses of the Lyme disease case surveillance definition in patient diagnosis and treatment; and (2) collaborate with the National Institutes of Health, the Department of Defense, and other appropriate agencies for further research on tick-borne disorders, including study of preventive methods to decrease exposure to them.Requires the Director of the National Institutes of Health to coordinate activities and research regarding tick-borne diseases across Institutes to encourage collaborative research. | {"src": "billsum_train", "title": "To establish a Tick-Borne Disorders Advisory Committee, and for other purposes."} | 2,407 | 279 | 0.476987 | 1.489435 | 0.65063 | 5.487805 | 9.353659 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breaking Down Barriers to Innovation
Act of 2015''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Librarian of Congress (referred to in this section
as the ``Librarian'') should ensure that noninfringing uses of
copyrighted works, as well as activities unrelated to the
copyrighted works, are not unduly burdened by the application
of section 1201 of title 17, United States Code;
(2) the Librarian should apply section 1201 of title 17,
United States Code, in a manner that strikes a balance between
the ability of persons to make noninfringing use of copyrighted
works and the legitimate protection of intellectual property
rights;
(3) the Librarian, in considering whether to grant
exemptions to the prohibition on the circumvention of
technological protection measures, should recognize that such
measures prevent persons from undertaking activities unrelated
to the use of copyrighted works; and
(4) the Librarian--
(A) should not impose undue burdens on proponents
of exemptions; and
(B) should ensure that the rulemaking process for
considering exemptions is responsive to changes in the
technological landscape.
SEC. 3. CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS.
(a) Violations Regarding Circumvention of Technological Measures.--
(1) In general.--Section 1201(a)(1) of title 17, United
States Code, is amended--
(A) in subparagraph (A), by striking the second
sentence;
(B) in subparagraph (C)--
(i) in the matter preceding clause (i)--
(I) by striking ``During the 2-year
period described in subparagraph (A),
and during each succeeding 3-year
period,'' and inserting ``Every 3
years,''; and
(II) by striking ``the Librarian
shall examine'' and inserting ``the
Librarian shall consider, if
applicable'';
(ii) in clause (i), by striking ``the
availability for use of copyrighted works'' and
inserting ``any reduction in the availability
for use of copyrighted works as a result of the
prohibition on the circumvention of
technological measures'';
(iii) in clause (iii), by striking ``or
research'' and inserting the following:
``repair, recycling, research, or other fair
uses, and on access to information not subject
to copyright protection'';
(iv) by redesignating clauses (iv) and (v)
as clauses (vi) and (vii), respectively; and
(v) by inserting after clause (iii) the
following:
``(iv) the impact that the prohibition on
the circumvention of technological measures has
on the accessibility of works and technologies
for persons with disabilities;
``(v) the impact that the prohibition on
the circumvention of technological measures has
on the furtherance of security research;'';
(C) by redesignating subparagraph (D) as
subparagraph (F);
(D) by striking subparagraph (E);
(E) by inserting after subparagraph (C) the
following:
``(D) In making a determination under subparagraph (C), the
Librarian--
``(i) shall consider the totality of the evidence available
to the Librarian; and
``(ii) may not assign the burden of proof to a proponent of
an exemption.
``(E) The Librarian, at the discretion of the Librarian, may
conduct a rulemaking proceeding under subparagraph (C) outside of the
3-year review process described in that subparagraph if the Librarian
determines that it is substantially likely that persons who are users
of a copyrighted work which is in a particular class of works are, or
are likely to be in the succeeding 3-year period, adversely affected by
virtue of the prohibition under subparagraph (A) in their ability to
make noninfringing uses of that particular class of works under this
title.'';
(F) in subparagraph (F), as redesignated--
(i) by striking ``The Librarian'' and
inserting ``(i) The Librarian'';
(ii) by striking ``adversely affected, and
the prohibition'' and inserting the following:
``adversely affected.
``(ii) The prohibition''; and
(iii) by adding at the end the following:
``(iii) At the end of each 3-year period described in subparagraph
(C), the Librarian shall renew for the ensuing 3-year period each
exemption granted under subparagraph (C) unless the Librarian
determines that, as a result of changed circumstances, it is unlikely
that any persons who are users of a copyrighted work in the class of
copyrighted works to which the exemption relates will be adversely
affected by virtue of the prohibition under subparagraph (A) in their
ability to make noninfringing uses of that particular class of works
under this title.''; and
(G) by inserting after subparagraph (F), as
redesignated, the following:
``(G) For purposes of this paragraph--
``(i) persons are `adversely affected' if a technological
measure that effectively controls access to a work which is in
a particular class of copyrighted works diminishes the ability
of the persons to make noninfringing uses of that particular
class of works under this title;
``(ii) if a technological measure inhibits noninfringing
uses of a work which is in a particular class of copyrighted
works relating to improving accessibility of works or
technologies for persons with disabilities, there shall be a
presumption that persons who use that particular class of work
are likely to be adversely affected; and
``(iii) the Librarian may find that a use of a work is
noninfringing based upon the totality of the circumstances,
including--
``(I) the presence of supporting judicial
precedent;
``(II) the absence of contrary judicial precedent;
``(III) the intent of Congress; and
``(IV) any other factors relevant to--
``(aa) assessing the applicability of
copyright protection; or
``(bb) exceptions to or limitations on
copyright protection.''.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Librarian of Congress, in
consultation with the Register of Copyrights and the Assistant
Secretary for Communications and Information of the Department
of Commerce, shall--
(A) conduct a study, including by soliciting public
comment, on--
(i) ways to ease the burden on persons
requesting an exemption under section
1201(a)(1)(C) of title 17, United States Code,
as amended by paragraph (1);
(ii) how the process for requesting and
granting exemptions described in clause (i) can
be used to foster security research; and
(iii) how the process for requesting and
granting exemptions described in clause (i) can
be expanded to enable the sale and
dissemination of circumvention tools, as
described in subsections (a)(2) and (b)(1) of
section 1201 of title 17, United States Code,
for the sole purposes of enabling
circumventions with respect to the classes of
copyrighted works that the Librarian has
published under subparagraph (F) of subsection
(a)(1) of such section, as redesignated by
paragraph (1); and
(B) shall submit to Congress a report on the study
conducted under subparagraph (A) that includes--
(i) proposed legislation to achieve the
goals described in clauses (i) and (ii) of
subparagraph (A); and
(ii) a description of any obstacles to the
expansion described in clause (iii) of
subparagraph (A) and proposed legislation for
achieving such an expansion.
(b) Reverse Engineering.--Section 1201(f) of title 17, United
States Code, is amended--
(1) in paragraph (1), by striking ``for the sole purpose''
and all that follows through ``engaging in the circumvention''
and inserting the following: ``for the sole purpose of
undertaking activities aimed at achieving interoperability of
an independently created computer program with other
programs'';
(2) in paragraph (2), by striking ``in order to enable''
and all that follows through ``achieve such interoperability''
and inserting the following: ``for the activities described
under paragraph (1), or for the purpose of enabling
interoperability of an independently created computer program
with other programs''; and
(3) in paragraph (3), by striking ``if the person'' and all
that follows through ``other programs, and''.
(c) Encryption Research.--Section 1201(g) of title 17, United
States Code, is amended--
(1) in paragraph (1)(A)--
(A) by striking ``activities necessary to identify
and analyze flaws'' and inserting ``activities relating
to the identification and analysis of flaws''; and
(B) by striking ``to advance the state of knowledge
in the field of encryption technology'' and inserting
``for research purposes'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``necessary to
conduct'' and inserting ``undertaken in the course of
conducting''; and
(B) in subparagraph (D), by striking all that
follows ``infringement under this title'' and inserting
a period;
(3) by striking paragraphs (3) and (5);
(4) by redesignating paragraph (4) as paragraph (3); and
(5) in paragraph (3)(B), as redesignated, by striking
``with whom he or she is working collaboratively''.
(d) Protection of Personally Identifying Information.--Section
1201(i)(1)(D) of title 17, United States Code, is amended--
(1) by striking ``solely''; and
(2) by striking ``who seeks to gain access to the work
protected, and is not in violation of any other law''.
(e) Security Testing.--Section 1201(j) of title 17, United States
Code, is amended--
(1) in paragraph (2), by striking all that follows
``infringement under this title'' and inserting a period;
(2) by striking paragraph (3);
(3) by redesignating paragraph (4) as paragraph (3); and
(4) in paragraph (3), as redesignated, by striking
``subsection (2)'' and all that follows and inserting
``paragraph (2)''. | Breaking Down Barriers to Innovation Act of 2015 Revises procedures established under the Digital Millennium Copyright Act for the Librarian of Congress to conduct an administrative rulemaking every three years to determine whether to exempt certain noninfringing uses of a copyrighted work from the statutory prohibition on circumventing a technological measure controlling access to a particular class of work. Requires the Librarian, when evaluating whether to allow an administrative exemption, to consider the impact of the circumvention prohibition on: (1) any reduction in the availability for use of copyrighted works; (2) repairs, recycling, or other fair uses when applied to copyrighted works, as well as access to information not subject to copyright protection; (3) accessibility of works and technologies for persons with disabilities; and (4) security research. Prohibits the Librarian from placing the burden of proof on the proponent of an exemption. Requires consideration of the totality of the evidence. Allows the Librarian to make administrative exemption determinations through rulemaking proceedings outside of the three-year review process if it is substantially likely that users of a copyrighted work are, or are likely to be in the succeeding three-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses. Requires the Librarian to automatically renew for an ensuing three-year period any exemptions granted under a rulemaking unless, as a result of changed circumstances, it is unlikely that users are adversely affected by the prohibition. Establishes a presumption that users are likely to be adversely affected if a technological measure inhibits noninfringing uses that improve accessibility of works or technologies for persons with disabilities. Expands existing statutory exceptions by removing certain restrictions and conditions that apply to permissible circumventions for: reverse engineering to achieve interoperability of an independently created computer program with other programs; encryption research on copies, phonorecords, performances, or displays of a published work; activities to prevent the collection or dissemination of personally identifying information about a natural person; or authorized security testing on computer systems or networks. | {"src": "billsum_train", "title": "Breaking Down Barriers to Innovation Act of 2015"} | 2,430 | 472 | 0.607372 | 1.979722 | 0.7877 | 2.873016 | 5.846561 | 0.846561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Affordability Act of 2001''.
SEC. 2. SIX-MONTH SUSPENSION OF 1993 4.3 CENT INCREASE IN FUEL TAXES.
(a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the
Internal Revenue Code of 1986 (relating to imposition of tax on
gasoline, diesel fuel, and kerosene) is amended by adding at the end
the following new subsection:
``(f) Temporary Suspension of Fuel Taxes.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be reduced by 4.3
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline,
diesel fuel, and kerosene),
``(B) sections 4091(b)(3)(A) (relating to aviation
fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used
on inland waterways),
``(D) paragraph (1) or (2) of section 4041(a)
(relating to diesel fuel, special fuels, and compressed
natural gas), and
``(E) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the applicable period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the applicable
period, each of the rates specified in sections 6421(f)(2)(B),
6421(f)(3)(B)(iii), 6427(b)(2)(A), 6427(l)(3)(B)(iii), and
6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
``(5) Suspension period.--For purposes of this subsection,
the term `suspension period' means the period beginning on July
1, 2001, and ending on December 31, 2001.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, tax has been imposed
under section 4081 or 4091 of the Internal Revenue Code of 1986
on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax suspension date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax suspension date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax suspension date'' means the date on
which the suspension period begins under section 4081(f) of the
Internal Revenue Code of 1986 (as added by section 2).
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed under section 4041, 4081, or 4091 of the Internal Revenue
Code of 1986 on such liquid had the taxable event occurred on the floor
stocks tax date over the tax paid under such sections on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable liquid.--The term `taxable liquid' means any
liquid on which tax is imposed under section 4041, 4081, or
4091 of the Internal Revenue Code of 1986 on the floor stocks
tax date.
(3) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(4) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(5) Floor stocks tax date.--The term ``floor stocks tax
date'' means the day after the end of the suspension period
under section 4081(f) of such Code (as added by section 2).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by section
4041, 4081, or 4091 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on the floor stocks tax date
by any person if the aggregate amount of gasoline held
by such person on such date does not exceed 4,000
gallons, and
(B) on diesel fuel, kerosene, or aviation fuel held
on such date by any person if the aggregate amount of
diesel fuel, kerosene, or aviation fuel held by such
person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section
4041(a)(2) of such Code in the case of special fuels; by section 4081
of such Code in the case of gasoline, diesel fuel, and kerosene; and by
section 4091 of such Code in the case of aviation fuel shall, insofar
as applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed by
subsection (a) to the same extent as if such taxes were imposed by such
section 4041, 4081, or 4091.
SEC. 5. PROTECTION OF HIGHWAY TRUST FUND.
The amounts transferred to the Highway Trust Fund under section
9503 of the Internal Revenue Code of 1986 shall be determined as if
this Act had not been acted. | Gas Affordability Act of 2001 - Amends the Internal Revenue Code to suspend for six months (the period beginning on July 1, 2001, and ending on December 31, 2001) the 4.3 cent increase in motor fuel taxes enacted in 1993. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to suspend for six months the 4.3 cent increase in motor fuel taxes enacted in 1993."} | 2,261 | 54 | 0.502773 | 1.238491 | 0.718214 | 4.804348 | 42.934783 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Museum Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for a site to be used for
the construction and operation of a national health museum.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
(5) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and Museum deem appropriate for the
museum facility.
(6) Property.--The term ``property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest,
Washington, D.C., and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 4. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the property to the Museum on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
60 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator shall convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The following terms and
conditions shall apply to the appraisal:
(i) The appraisal shall assume that the
property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C.
9601)) which require remedial action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend the
proceeds from the conveyance for any lawful purpose consistent with
existing authorities granted to the Administrator; except that the
Administrator shall provide the Committees with 30 days advance written
notice of any expenditure of the proceeds.
(d) Quit Claim Deed.--
(1) In general.--The property shall be conveyed pursuant to
2 quit claim deeds (one for the northern portion and one for
the southern portion of the property), each of which shall
contain the covenants required by section 120(h) of CERCLA (42
U.S.C. 9620).
(2) Limitation on liability.--The United States shall not
be liable or responsible pursuant to paragraph (1) for any
additional remedial action--
(A) with respect to hazardous substances not
existing on the property as of the date of conveyance,
unless the presence of such hazardous substances on the
property was caused by the United States; or
(B) caused, required, or arising out of actions of
the Museum, its affiliate, any successor thereto, or
any of their respective agents, contractors, or
assigns.
(e) Use Restriction.--The northern portion of the property shall be
dedicated for use as a site for a national health museum for the 99-
year period beginning on date of conveyance of that portion to the
Museum.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if --
(A) that portion is not used as a site for a
national health museum at any time during the 99-year
period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on that portion in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If any portion of
the property reverts to the United States pursuant to this
section, such property shall be under the custody and control
of the Administrator.
(g) Closing.--
(1) Deadline.--The Administrator shall convey the northern
and southern portions of the property not later than 3 years
after the date of enactment of this Act. The Administrator may
extend that period for such time as is reasonably necessary for
the Museum to perform its obligations under section 6(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 5. OFFICE LEASE.
(a) Negotiation and Execution.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, the Administrator and the Museum (or its
affiliate) shall, within 60 days after entering into the
agreement described in section 4(a)(2), negotiate the terms and
conditions, consistent with this section, of a lease pursuant
to which the Administrator would lease approximately 250,000
square feet in a building to be constructed by the Museum on
the southern portion of the property.
(2) Timing.--The Administrator and Museum shall execute the
lease not later than the date of the conveyance of the southern
portion of the property.
(b) Rent.--
(1) Below market rate.--The effective rent charged to the
Administrator as part of the lease entered into under this
section shall be below prevailing market rates for similar
space in Southwest, Washington, D.C., as agreed to between the
Administrator and the Museum (or its affiliate).
(2) Authority to apply proceeds toward rent.--The
Administrator may apply any or all of the proceeds from
conveyance of the property toward the rental charges incurred
by the United States under the lease if the Administrator
otherwise complies with the notice requirement set forth in
section 4(c). Any such application of proceeds toward rent
shall not be considered in determining that the rent charged
under the lease is below prevailing market rates as required in
this section.
(c) Operating Lease.--The lease entered into under this section
shall be on terms and conditions that allow such lease to be scored as
an operating lease in accordance with guidance published by the Office
of Management and Budget.
(d) Condition to Conveyance.--The execution of the lease under this
section shall be a precondition to conveyance of the southern portion
of the property to the Museum.
SEC. 6. ENVIRONMENTAL MATTERS.
(a) Liabilities and Responsibilities.--The agreement entered into
under section 4(a)(2) shall provide that the Museum will conduct any
environmental remediation activity with respect to the property, and
bear the costs of any such activity, except as otherwise provided by
section 4(d) and subsection (b) of this section.
(b) Crediting of Remediation Costs.--Any costs of environmental
remediation activities referred to in subsection (a) shall be credited
to the purchase price for the property up to an amount not greater than
the purchase price for the property.
(c) Scope of Remediation Activities.--The scope of any required
environmental remediation activity with respect to the property shall
be as required by section 120 of CERCLA (42 U.S.C. 9620).
SEC. 7. INCIDENTAL COSTS.
(a) Responsibilities.--Except as otherwise specifically provided by
this Act, the Museum shall bear any and all costs associated with
complying with the provisions of this Act, including studies and
reports, surveys, relocating tenants, and mitigating impacts to
existing Federal buildings and structures resulting directly from the
development of the property by the Museum.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and Museum in the agreement entered into under section
4(a)(2), and any costs in excess of such agreed upon amount shall be
credited to the purchase price for the property upon the closing on the
portion of the property first conveyed.
SEC. 8. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 9. REPORTS.
Not later than one year after the date of enactment of this Act,
and annually thereafter until the end of the 5-year period following
conveyance of the property or until substantial completion of the
museum facility (whichever is later), the Museum shall submit annual
reports to the Administrator and the Committees detailing the
development and construction activities of the Museum with respect to
this Act. | National Health Museum Act of 2004 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions.
Provides for the Administrator's leasing of a certain portion of a building to be constructed by the Museum on such site, at a rent below prevailing market rates. Authorizes the Administrator to apply any or all of the proceeds from conveyance of the property toward rental charges incurred by the Federal Government under such lease.
Sets forth related provisions regarding environmental matters, incidental costs, and land use approvals. | {"src": "billsum_train", "title": "To provide a site for construction of a national health museum, and for other purposes."} | 2,661 | 142 | 0.563833 | 1.667293 | 0.60597 | 3.488 | 19.312 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promotion and Expansion of Private
Employee Ownership Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on January 1, 1998--nearly 25 years after the Employee
Retirement Income Security Act of 1974 was enacted and the
employee stock ownership plan (hereafter in this section
referred to as an ``ESOP'') was created--employees were first
permitted to be owners of subchapter S corporations pursuant to
the Small Business Job Protection Act of 1996 (Public Law 104-
188);
(2) with the passage of the Taxpayer Relief Act of 1997
(Public Law 105-34), Congress designed incentives to encourage
businesses to become ESOP-owned S corporations;
(3) since that time, several thousand companies have become
ESOP-owned S corporations, creating an ownership interest for
several million Americans in companies in every State in the
country, in industries ranging from heavy manufacturing to
technology development to services;
(4) while estimates show that 40 percent of working
Americans have no formal retirement account at all, every
United States worker who is an employee-owner of an S
corporation company through an ESOP has a valuable qualified
retirement savings account;
(5) recent studies have shown that employees of ESOP-owned
S corporations enjoy greater job stability than employees of
comparable companies;
(6) studies also show that employee-owners of S corporation
ESOP companies have amassed meaningful retirement savings
through their S ESOP accounts that will give them the means to
retire with dignity;
(7) under the Small Business Act (15 U.S.C. 631 et seq.)
and the regulations promulgated by the Administrator of the
Small Business Administration, a small business concern that
was eligible under the Small Business Act for the numerous
preferences of the Act is denied treatment as a small business
concern after an ESOP acquires more than 49 percent of the
business, even if the number of employees, the revenue of the
small business concern, and the racial, gender, or other
criteria used under the Act to determine whether the small
business concern is eligible for benefits under the Act remain
the same, solely because of the acquisition by the ESOP; and
(8) it is the goal of Congress to both preserve and foster
employee ownership of S corporations through ESOPs.
SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE
STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Subparagraph (A) of section 1042(c)(1) of the
Internal Revenue Code of 1986 (defining qualified securities) is
amended by striking ``domestic C corporation'' and inserting ``domestic
corporation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales after the date of the enactment of this Act.
SEC. 4. DEDUCTION FOR INTEREST ON LOAN TO FINANCE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 199
the following new section:
``SEC. 200. INTEREST ON CERTAIN LOANS FOR THE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of the interest received during the taxable year by
a bank (within the meaning of section 581) with respect to a qualified
securities acquisition loan.
``(b) Qualified Securities Acquisition Loan.--
``(1) In general.--For purposes of this section, the term
`qualified securities acquisition loan' means--
``(A) any loan to an employee stock ownership plan
sponsored by an S corporation to the extent that the
proceeds are used to acquire employer securities for
the plan, and
``(B) any loan to an S corporation that sponsors an
employee stock ownership plan to the extent that the
proceeds of such loan are loaned to the employee stock
ownership plan to acquire employer securities for the
plan.
For purposes of this paragraph, the term `employer securities'
has the meaning given such term by section 409(l).
``(2) Terms applicable to certain qualified securities
acquisition loans.--For purposes of paragraph (1)(B), the term
`qualified securities acquisition loan' shall not include any
loan to the S corporation unless the loan to the employee stock
ownership plan has repayment terms which are substantially
similar to the terms of the loan to the S corporation.
``(3) Treatment of refinancings.--The term `qualified
securities acquisition loan' shall include any loan which is
(or is part of a series of loans) used to refinance a loan
described in paragraph (1) (after the application of paragraph
(2)).
``(4) Plan must hold more than 50 percent of stock after
acquisition or transfer.--
``(A) In general.--A loan shall not be treated as a
qualified securities acquisition loan for purposes of
this section unless, immediately after an acquisition
of employer securities referred to in paragraph (1),
the employee stock ownership plan owns more than 50
percent of the outstanding stock of the S corporation.
``(B) Failure to retain minimum stock interest.--
``(i) In general.--Subsection (a) shall not
apply to any interest received with respect to
a qualified securities acquisition loan which
is allocable to any period during which the
employee stock ownership plan does not own
stock meeting the requirements of subparagraph
(A).
``(ii) Exception.--To the extent provided
by the Secretary, clause (i) shall not apply to
any period if, within 90 days of the first date
on which the failure occurred (or such longer
period not in excess of 180 days as the
Secretary may prescribe), the plan acquires
stock which results in its meeting the
requirements of subparagraph (A).
``(C) Stock.--For purposes of subparagraph (A), the
Secretary may provide that warrants, options, contracts
to acquire stock, convertible debt interests and other
similar interests be treated as stock for 1 or more
purposes under subparagraph (A).
``(c) Employee Stock Ownership Plan.--For purposes of this section,
the term `employee stock ownership plan' has the meaning given to such
term by section 4975(e)(7).''.
(b) Clerical Amendment.--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 199 the following new item:
``Sec. 200. Interest on certain loans for the purchase of employer
securities by an employee stock ownership
plan sponsored by an S corporation.''.
(c) Effective Date.--The amendments made by this section shall
apply to interest accrued on loans made after the date of the enactment
of this Act.
SEC. 5. DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE.
(a) Establishment Required.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary of
Treasury shall establish the S Corporation Employee Ownership
Assistance Office to foster increased employee ownership of S
corporations.
(b) Duties of the Office.--The S Corporation Employee Ownership
Assistance Office shall provide--
(1) education and outreach to inform companies and
individuals about the possibilities and benefits of employee
ownership of S corporations; and
(2) technical assistance to assist S corporations in
sponsoring employee stock ownership plans.
SEC. 6. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 as section 46; and
(2) by inserting after section 44 the following:
``SEC. 45. EMPLOYEE STOCK OWNERSHIP PLANS.
``(a) Definitions.--In this section--
``(1) the term `ESOP' means an employee stock ownership
plan, as defined in section 4975(e)(7) of the Internal Revenue
Code of 1986, as amended; and
``(2) the term `ESOP business concern' means a business
concern that was a small business concern eligible for a loan
or to participate in a contracting assistance or business
development program under this Act before the date on which
more than 49 percent of the business concern was acquired by an
ESOP.
``(b) Continued Eligibility.--In determining whether an ESOP
business concern qualifies as a small business concern for purposes of
a loan, preference, or other program under this Act, each ESOP
participant shall be treated as directly owning his or her
proportionate share of the stock in the ESOP business concern owned by
the ESOP.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year beginning after the date
of the enactment of this Act. | Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP); and (2) allow a tax deduction for 50% of the interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities.
Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations.
Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes."} | 2,121 | 161 | 0.555126 | 1.650816 | 0.772481 | 2.680272 | 12.557823 | 0.870748 |
SECTION 1. PARKINSON'S DISEASE RESEARCH, EDUCATION, CLINICAL CENTERS,
AND MULTIPLE SCLEROSIS CENTERS OF EXCELLENCE.
(a) Requirement for Establishment of Centers.--
(1) In general.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following:
``Sec. 7329. Parkinson's disease research, education, and clinical
centers and multiple sclerosis centers of excellence
``(a) Designation.--The Secretary, upon the recommendation of the
Under Secretary for Health and pursuant to the provisions of this
section, shall--
``(1) designate--
``(A) at least 6 Department health care facilities
as the locations for centers of Parkinson's disease
research, education, and clinical activities and
(subject to the appropriation of sufficient funds for
such purpose); and
``(B) at least 2 Department health care facilities
as the locations for Multiple Sclerosis Centers of
Excellence (subject to the appropriation of sufficient
funds for such purpose); and
``(2) establish and operate such centers at such locations
in accordance with this section.
``(b) Existing Facilities; Geographic Distribution.--In designating
locations for centers under subsection (a), the Secretary, upon the
recommendation of the Under Secretary for Health, shall--
``(1) designate each Department health care facility that,
as of January 1, 2005, was operating a Parkinson's Disease
Research, Education, and Clinical Center or a Multiple
Sclerosis Center of Excellence unless the Secretary, on the
recommendation of the Under Secretary for Health, determines
that such facility--
``(A) does not meet the requirements of subsection
(c);
``(B) has not demonstrated effectiveness in
carrying out the established purposes of such center;
or
``(C) has not demonstrated the potential to carry
out such purposes effectively in the reasonably
foreseeable future; and
``(2) assure appropriate geographic distribution of such
facilities.
``(c) Minimum Requirements.--The Secretary may not designate a
health care facility as a location for a center under subsection (a)
unless--
``(1) the peer review panel established under subsection
(d) determines that the proposal submitted by such facility is
among those proposals which meet the highest competitive
standards of scientific and clinical merit; and
``(2) the Secretary, upon the recommendation of the Under
Secretary for Health, determines that the facility has (or may
reasonably be anticipated to develop)--
``(A) an arrangement with an accredited medical
school which provides education and training in
neurology and with which such facility is affiliated
under which residents receive education and training in
innovative diagnosis and treatment of chronic
neurodegenerative diseases and movement disorders,
including Parkinson's disease, or in the case of
Multiple Sclerosis Centers, multiple sclerosis disease;
``(B) the ability to attract the participation of
scientists who are capable of ingenuity and creativity
in health-care research efforts;
``(C) a policymaking advisory committee composed of
consumers and appropriate health care and research
representatives of the facility and of the affiliated
school or schools to advise the directors of such
facility and such center on policy matters pertaining
to the activities of such center during the period of
the operation of such center;
``(D) the capability to conduct effectively
evaluations of the activities of such center;
``(E) the capability to coordinate, as part of an
integrated national system, education, clinical, and
research activities within all facilities with such
centers;
``(F) the capability to jointly develop a
consortium of providers with interest in treating
neurodegenerative diseases, including Parkinson's
disease, and other movement disorders, or multiple
sclerosis in the case of Multiple Sclerosis Centers, at
facilities without such centers in order to ensure
better access to state of the art diagnosis, care, and
education for neurodegenerative disorders, or in the
case of Multiple Sclerosis Centers, autoimmune disease
affecting the central nervous system throughout the
health care system; and
``(G) the capability to develop a national
repository in the health care system for the collection
of data on health services delivered to veterans
seeking care for neurodegenerative diseases, including
Parkinson's disease, and other movement disorders, or
in the case of Multiple Sclerosis Centers, autoimmune
disease affecting the central nervous system.
``(d) Panel.--(1) The Under Secretary for Health shall establish a
panel to assess the scientific and clinical merit of proposals that are
submitted to the Secretary for the establishment of new centers under
this section.
``(2)(A) The membership of the panel shall consist of experts in
neurodegenerative diseases, including Parkinson's disease and other
movement disorders, and, in the case of Multiple Sclerosis Centers,
experts in autoimmune disease affecting the central nervous system.
``(B) Members of the panel shall serve as consultants to the
Department for a period of no longer than 2 years except in the case of
panelists asked to serve on the initial panel as specified in
subparagraph (C).
``(C) In order to ensure panel continuity, half of the members of
the first panel shall be appointed for a period of 3 years and half for
a period of 2 years.
``(3) The panel shall review each proposal submitted to the panel
by the Under Secretary and shall submit its views on the relative
scientific and clinical merit of each such proposal to the Under
Secretary.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act.
``(e) Adequate Funding.--Before providing funds for the operation
of any such center at a health care facility other than a health care
facility designated under subsection (b)(1), the Secretary shall ensure
that--
``(1) the Parkinson's disease center at each facility
designated under subsection (b)(1) is receiving adequate
funding to enable such center to function effectively in the
areas of Parkinson's disease research, education, and clinical
activities; and
``(2) in the case of a new Multiple Sclerosis Center, that
existing centers are receiving adequate funding to enable such
centers to function effectively in the areas of multiple
sclerosis research, education, and clinical activities.
``(f) Authorization of Appropriations.--(1) There are authorized to
be appropriated such sums as may be necessary for the support of the
research and education activities of the centers established under
subsection (a).
``(2) The Under Secretary for Health shall allocate to such centers
from other funds appropriated generally for the Department medical
services account and medical and prosthetics research account, as
appropriate, such amounts as the Under Secretary for Health determines
appropriate.
``(g) Funding Eligibility and Priority for Parkinson's Disease
Research.--Activities of clinical and scientific investigation at each
center established under subsection (a) for Parkinson's disease shall--
``(1) be eligible to compete for the award of funding from
funds appropriated for the Department medical and prosthetics
research account; and
``(2) receive priority in the award of funding from such
account to the extent funds are awarded to projects for
research in Parkinson's disease and other movement disorders.
``(h) Funding Eligibility and Priority for Multiple Sclerosis
Research.--Activities of clinical and scientific investigation at each
center established under subsection (a) for multiple sclerosis shall--
``(1) be eligible to compete for the award of funding from
funds appropriated for the Department medical and prosthetics
research account; and
``(2) receive priority in the award of funding from such
account to the extent funds are awarded to projects for
research in multiple sclerosis and other movement disorders.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 of title 38, United States Code, is
amended by inserting after the item relating to section 7328
the following:
``Sec. 7329. Parkinson's disease research, education, and clinical
centers and multiple sclerosis centers of
excellence.''.
(b) Effective Date.--Section 7329 of title 38, United States Code,
as added by subsection (a), shall take effect on October 1, 2005. | Directs the Secretary of Veterans Affairs to designate, establish, and operate at selected Department of Veterans Affairs health-care facilities: (1) at least six centers for Parkinson's disease research, education, and clinical activities; and (2) at least two Multiple Sclerosis Centers of Excellence.
Requires the Under Secretary for Health to: (1) assure appropriate geographical distribution of such facilities; and (2) establish a panel to assess the scientific and clinical merit of proposals submitted by a facility for the establishment of such a center. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide for the establishment of Parkinson's Disease Research Education and Clinical Centers in the Veterans Health Administration of the Department of Veterans Affairs and Multiple Sclerosis Centers of Excellence."} | 1,766 | 107 | 0.660261 | 1.837072 | 1.462965 | 3.480769 | 16.423077 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Homeowners Act of
2007''.
SEC. 2. ORIGINATIONS OF CONSUMER CREDIT TRANSACTIONS SECURED BY THE
CONSUMER'S PRINCIPAL DWELLING.
(a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.)
is amended by inserting after section 129 the following new section:
``Sec. 129A. Originations of consumer credit transactions secured by
the consumer's principal dwelling
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Fully indexed rate.--The term `fully indexed rate'
equals the index rate prevailing at the time a consumer credit
transaction secured by a consumer's principal dwelling is
originated, plus the margin that will apply after the
expiration of an introductory interest rate.
``(2) Mortgage broker.--The term `mortgage broker' means
any person who is defined as a mortgage broker under applicable
State law.
``(b) Requirements for Originators.--
``(1) Ability to pay.--
``(A) In general.--No creditor or mortgage broker
may make, provide, or arrange for any consumer credit
transaction secured by a consumer's principal dwelling
without verifying the consumer's reasonable ability to
pay the scheduled payments of the following, as
applicable: principal; interest; real estate taxes;
homeowner's insurance, assessments, and mortgage
insurance premiums.
``(B) Variable interest rate.--In the case of any
consumer credit transaction secured by a consumer's
principal dwelling for which the applicable annual
percentage rate may vary over the life of the credit,
the reasonable ability to pay shall be determined, for
purposes of this paragraph, on the basis of a fully
indexed rate plus 200 basis points and a repayment
schedule which achieves full amortization over the life
of the extension of credit.
``(C) Verification of consumer income and financial
resources.--In the case of any consumer credit
transaction secured by a consumer's principal dwelling,
the income and financial resources of the consumer
shall be verified for purposes of this paragraph by tax
returns, payroll receipts, bank records, or other
similarly reliable documents.
``(D) Other criteria.--No provision of this
paragraph shall be construed as prohibiting reliance on
criteria other than a consumer's income and financial
resources to establish the reasonable ability of the
consumer to repay any consumer credit transaction
secured by the consumer's principal dwelling, to the
extent such other criteria are also verified through
reasonably reliable methods and documentation.
``(E) Consumer statement is insufficient proof.--A
statement by a consumer of the consumer's income or
financial resources shall not be sufficient to
establish the existence of any income or financial
resources when verifying the reasonable ability of the
consumer to repay any consumer credit transaction
secured by the consumer's principal dwelling, for
purposes of this paragraph.
``(2) Prohibition on steering.--No creditor or mortgage
broker may make, provide, or arrange for any consumer credit
transaction secured by a consumer's principal dwelling that is
of a lower investment grade if--
``(A) the consumer's credit score; or
``(B) comparable underwriting data, in any case in
which the creditor or mortgage broker does not utilize
credit scoring or a credit score for the consumer is
unavailable,
indicates that the borrower may qualify for a consumer credit
transaction, available from or through the creditor or mortgage
broker, that is of a higher investment grade.
``(3) Prohibition on prepayment penalties for arms.--
``(A) In general.--In the case of any consumer
credit transaction secured by a consumer's principal
dwelling that provides for variable rates of interest
on the credit extended under the transaction, the
transaction may not contain terms under which a
consumer must pay a prepayment penalty for paying all
or part of the principal before the date on which the
principal is due.
``(B) Exclusion for jumbo mortgages.--Subparagraph
(A) shall not apply to any consumer credit transaction
secured by a consumer's principal dwelling the
principal amount (as defined in subsection (c)(2)) of
which exceeds the maximum dollar amount limitation (for
a residence of the applicable size) on the amount of
the principal obligation of a mortgage for a 1- to 4-
family residence that may be purchased by the Federal
Home Loan Mortgage Corporation, as then in effect
pursuant to section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act.
``(c) Limitation on Financed Points, Charges, and Fees.--
``(1) In general.--No creditor or mortgage broker may, in
connection with any consumer credit transaction secured by the
consumer's principal dwelling, include in the principal amount
of such transaction any portion of any qualified finance charge
in excess of the amount which is equal to 5 percent of the
principal amount of the transaction.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Qualified finance charge.--The term
`qualified finance charge' means the sum of--
``(i) the finance charge as determined
under section 106, minus any interest and time
price differential; and
``(ii) all compensation paid to a mortgage
broker from any source in connection with this
transaction.
``(B) Principal amount.--The term `principal
amount' means--
``(i) in the case of any consumer credit
transaction under an open end credit plan
secured by the consumer's principal dwelling,
the maximum amount of credit that may be
extended under the terms of such plan as
determined without taking into account any
amount included in determining the finance
charge under section 106; and
``(ii) in the case of any other consumer
credit transaction secured by a consumer's
principal dwelling, the amount financed (as
defined in section 138(a)(2)).
``(3) Prohibition on excessive finance charges.--No
creditor or mortgage broker may, in connection with any
consumer credit transaction secured by the consumer's principal
dwelling, impose or receive any amount included in determining
the qualified finance charge for such transaction that exceeds
the amount which is equal to 5 percent of the principal amount
of the transaction.
``(4) Exception.--This subsection shall not apply to any
consumer credit transaction secured by the consumer's principal
dwelling that is ensured or guaranteed by the Secretary of
Housing and Urban Development, the Secretary of Veterans
Affairs, or the Farmers Home Administration.
``(d) Mortgage Broker Duties of Agency.--
``(1) In general.--Any mortgage broker acting to obtain or
arrange for any consumer credit transaction secured by the
consumer's principal dwelling shall be considered to have an
agency relationship with the consumer in all cases by operation
of law and shall comply with the following duties:
``(A) Mortgage brokers shall act in the consumer's
best interest and in the utmost good faith toward each
consumer and shall not compromise a consumer's right or
interest in favor of another's right or interest,
including a right or interest of the mortgage broker.
``(B) A mortgage broker shall not accept, give, or
charge any undisclosed compensation or realize any
undisclosed remuneration, either through direct or
indirect means, that inures to the benefit of the
mortgage broker on an expenditure made for the
consumer.
``(C) Mortgage brokers shall carry out all lawful
instructions given by the consumer.
``(D) Mortgage brokers shall disclose to consumers
all material facts of which the mortgage broker has
knowledge which might reasonably affect the consumer's
rights, interests, or ability to receive the consumer's
intended benefit from the consumer credit transaction,
but not facts which are reasonably susceptible to the
knowledge of the consumer.
``(E) Mortgage brokers shall use reasonable care in
performing duties.
``(F) Mortgage brokers shall account to a consumer
for all the consumer's money and property received as
agent.
``(2) Scope.--The duty of agency between mortgage broker
and consumer applies when the mortgage broker is acting in the
capacity of mortgage broker providing mortgage brokerage
services with respect to any consumer credit transaction
secured by the consumer's principal dwelling for which the
broker is not the creditor.
``(3) Rules of construction.--
``(A) Fees for services rendered.--No provision of
this subsection shall be construed as prohibiting a
mortgage broker from contracting for or collecting a
fee for services rendered which had been disclosed to
the consumer in advance of the provision of such
services.
``(B) Duty of broker.--No provision of this
subsection shall be construed as requiring a mortgage
broker--
``(i) to obtain or arrange for any consumer
credit transaction secured by the consumer's
principal dwelling on behalf of a consumer that
contains terms or conditions not available to
the mortgage broker in the mortgage broker's
usual course of business; or
``(ii) to obtain or arrange for any
consumer credit transaction secured by the
consumer's principal dwelling from a creditor
with whom the mortgage broker does not have a
business relationship.
``(e) Independent Verification of Consumer Counseling Before
Refinancing Special Mortgages.--
``(1) In general.--No creditor or mortgage broker may make,
provide, or arrange for any consumer credit transaction secured
by the consumer's principal dwelling all or a portion of the
proceeds of which are used to fully or partially pay off a
special mortgage unless the borrower has obtained a written
certification from an authorized independent loan counselor
that the borrower has received counseling on the advisability
of the transaction.
``(2) Definitions.--For purposes of this section, the
following definitions shall apply:
``(A) Special mortgage.--The term `special
mortgage' means any consumer credit transaction secured
by the consumer's principal dwelling that was
originated, subsidized, funded, or guaranteed by or
through a State, tribal, or local government, or
nonprofit organization, that bears 1 or more of the
following nonstandard payment terms which substantially
benefit the consumer:
``(i) Payments vary with income.
``(ii) Payments of principal or interest
are not required or can be deferred under
specified conditions.
``(iii) Principal or interest is forgivable
under specified conditions.
``(iv) Either no interest or an annual
interest rate of 2 percent or less is charged
in connection with the loan.
``(B) Authorized loan counselor.--The term
`authorized independent loan counselor' means any
nonprofit, third-party individual or organization
providing homebuyer education programs, foreclosure
prevention services, mortgage loan counseling, or
credit counseling that is certified by the Secretary of
Housing and Urban Development, or certified by any
State housing agency or nonprofit organization
designated by such Secretary, for such purposes.
``(f) Minimum Financial Requirements for Mortgage Brokers.--No
mortgage broker may obtain or arrange for any consumer credit
transaction secured by the consumer's principal dwelling unless at all
times the mortgage broker--
``(1) maintains a minimum net worth, net of intangibles, of
at least $500,000, as determined in accordance with generally
accepted accounting principles; or
``(2) maintains a surety bond or irrevocable letter of
credit in the amount of $50,000.
``(g) Enforcement.--For purposes of providing a cause of action for
any failure by a mortgage broker to comply with any requirement imposed
under this section, section 130(a) shall be applied with respect to any
such failure--
``(1) by substituting `mortgage broker' for `creditor' each
place such term appears in such section; and
``(2) by treating all qualified finance charges (as defined
in subsection (c)(2)(A)) incurred in the origination of any
consumer credit transaction secured by the consumer's principal
dwelling as actual damages sustained by the consumer as a
result of the failure.
``(h) Exclusion of Reverse Mortgages.--This section shall not apply
with respect to any consumer mortgage transaction that constitutes a
reverse mortgage.''.
(b) Technical and Conforming Amendments.--The Truth in Lending Act
is amended--
(1) in section 103 (u) (15 U.S.C. 1602(u)), by striking
``and the disclosures required by section 129(a)'' and
inserting ``and the provisions of section 129 and 129A''; and
(2) in section 130 (15 U.S.C. 1640), by inserting ``or
129A'' after section 129 each place such term appears.
(c) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 129 the following new item:
``129A. Originations of consumer credit transactions secured by the
consumer's principal dwelling.''. | Fairness for Homeowners Act of 2007 - Amends the Truth in Lending Act to prohibit any creditor or mortgage broker from making, providing, or arranging for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to make the scheduled payments of principal, interest (including variable interest), real estate taxes, homeowner's insurance, assessments, and mortgage insurance premiums.
Prescribes criteria for determining the reasonable ability to make such payments.
Prohibits steering (arranging for a lower investment grade credit transaction if the consumer qualifies for a higher investment grade transaction) and prepayment penalties for adjustable rate mortgages (ARMs) that are not jumbo mortgages.
Limits financed points, finance charges, and fees to 5% of a transaction's principal, unless the transaction is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration.
Specifies duties of agency for mortgage brokers acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling.
Requires creditors and mortgage brokers to obtain independent verification that a borrower seeking to refinance a special mortgage has received counseling on the transaction's advisability. Defines "special mortgage" as one that: (1) was originated, subsidized, funded, or guaranteed by or through a state, tribal, or local government, or nonprofit organization; and (2) bears one or more specified nonstandard payment terms which substantially benefit the consumer.
Prescribes minimum financial requirements for mortgage brokers.
Excludes reverse mortgages from coverage by this Act. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act to protect consumers from certain practices in connection with the origination of consumer credit transactions secured by the consumer's principal dwelling, and for other purposes."} | 2,878 | 358 | 0.573327 | 1.828128 | 0.768668 | 3.864686 | 8.772277 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Democracy Act''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch the National
Commission on Foreign Interference in the 2016 Election (in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
(a) Activities of Russian Government.--The purpose of the
Commission is to examine any attempts or activities by the Russian
government, persons or entities associated with the Russian government,
or persons or entities within Russia to use electronic means to
influence, interfere with, or sow distrust in elections for public
office held in the United States in 2016, including the following:
(1) Electronic hacks by the Russian government, persons or
entities associated with the Russian government, or other
persons or entities within Russia into--
(A) the electronic systems of the Democratic
National Committee;
(B) the electronic systems of the Democratic
Congressional Campaign Committee;
(C) the electronic systems of Mr. John Podesta,
campaign chairman for Democratic presidential nominee
Hillary Clinton;
(D) the electronic systems of former Secretary of
State Colin Powell; and
(E) the electronic systems of Arizona, Illinois,
and Florida, particularly voter database information.
(2) Efforts by the Russian government, persons or entities
associated with the Russian government, or persons or entities
within Russia to put forward, disseminate, or promote false
news about the campaigns for elections for public office held
in the United States in 2016.
(3) Efforts by the Russian government to work with other
governments, entities, and individuals to carry out activities
described in paragraphs (1) and (2).
(b) Activities of Others.--In addition to the purpose described in
subsection (a), the purpose of the Commission is to examine attempts or
activities by governments other than the Russian government, persons
associated with governments other than the Russian government, and
other entities and individuals to use electronic means to influence,
interfere with, or sow distrust in elections for public office held in
the United States in 2016, including activities similar to those
described in paragraphs (1) through (3) of subsection (a).
SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.
(a) Members.--The Commission shall be composed of 12 members, of
whom--
(1) 3 shall be appointed by Speaker of the House of
Representatives and 3 shall be appointed by the Majority Leader
of the Senate; and
(2) 3 shall be appointed by the Minority Leader of the
House of Representatives and 3 shall be appointed by the
Minority Leader of the Senate.
(b) Chair and Vice Chair.--The Commission, by majority vote, shall
choose a Chair and Vice Chair, of whom--
(1) one shall be a member appointed under paragraph (1);
and
(2) one shall be a member appointed under paragraph (2).
(c) Qualifications.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government, any State, or any local government.
(2) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services, law,
public administration, intelligence gathering, foreign affairs,
cybersecurity, and Federal elections.
(3) Deadline for appointment.--All members of the
Commission shall be appointed not later than 90 days after the
date of the enactment of this Act.
(4) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(5) Compensation.--
(A) In general.--Each member of the Commission may
be compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Commission.
(B) Travel expenses.--While away from their homes
or regular places of business in the performance of
services for the Commission, members of the Commission
shall 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(b) of title 5,
United States Code.
SEC. 5. PROCEDURES OF COMMISSION.
(a) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable. After its initial
meeting, the Commission shall meet upon the call of the chairman or a
majority of its members.
(b) Quorum.--
(1) In general.--Except as provided in paragraph (2), a
majority of the members of the Commission shall constitute a
quorum.
(2) Alternative quorum for taking testimony.--For purposes
of taking testimony of witnesses, two members of the Commission
may constitute a quorum, so long as at least one of the members
is a member appointed under paragraph (1) of section 4(a) and
at least one of the members is a member appointed under
paragraph (2) of section 4(a).
(c) Voting.--No proxy voting shall be allowed on behalf of a member
of the Commission.
(d) Rules of Procedure.--
(1) In general.--The Commission shall establish rules for
the conduct of the Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
(2) Adoption at initial meeting.--At its initial meeting,
the Commission shall adopt the rules established under
paragraph (1).
SEC. 6. FUNCTIONS OF COMMISSION.
(a) In General.--The duties of the Commission are as follows:
(1) To investigate attempts or activities by the Russian
government, persons or entities associated with the Russian
government, or persons or entities within Russia to use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States in
2016, including the following:
(A) Electronic hacks by the Russian government,
persons or entities associated with the Russian
government, or other persons or entities within Russia
into--
(i) the electronic systems of the
Democratic National Committee;
(ii) the electronic systems of the
Democratic Congressional Campaign Committee;
(iii) the electronic systems of Mr. John
Podesta, campaign chairman for Democratic
presidential nominee Hillary Clinton;
(iv) the electronic systems of former
Secretary of State Colin Powell; and
(v) the electronic systems of Arizona,
Illinois, and Florida, particularly voter
database information.
(B) Efforts by the Russian government, persons or
entities associated with the Russian government, or
persons or entities within Russia to put forward,
disseminate, or promote false news about the campaigns
for elections for public office held in the United
States in 2016.
(C) Efforts by the Russian government to work with
other governments, entities, and individuals to carry
out activities described in subparagraphs (A) and (B).
(2) To investigate attempts or activities by governments
other than the Russian government, persons or entities
associated with governments other than the Russian government,
and other entities and individuals to use electronic means to
influence, interfere with, or sow distrust in elections for
public office held in the United States in 2016, including
activities similar to those described in subparagraphs (A)
through (C) of paragraph (1).
(3) To identify, review, and evaluate the lessons learned
from the attempts, activities, and efforts described in
paragraphs (1) and (2) relative to detecting, preventing,
protecting from, and responding to such attempts, activities,
and efforts.
(4) To make such recommendations as the Commission
considers appropriate to ensure that foreign governments and
persons associated with foreign governments never again use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States.
(b) Reports to the President and Congress.--
(1) Interim reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
(2) Final report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b)(1), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the chair and vice
chair; or
(ii) by the affirmative vote of a majority
of the members of the Commission.
(B) Signature.--Subject to subparagraph (A)(i),
subpoenas issued under this subsection may be issued
under the signature of the chairman or any member
designated by a majority of the Commission, may be
served by any person designated by the chairman or by a
member designated by a majority of the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received as certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 8. STAFF.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 9. PUBLIC MEETINGS; PUBLIC VERSIONS OF REPORTS.
(a) Requiring Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 6(b).
(b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 6(b)(2).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports, and disseminating the
final report.
SEC. 12. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
SEC. 13. DEFINITION.
In this Act, the term ``electronic systems'' means computers,
servers, and electronic communications. | Protecting Our Democracy Act This bill establishes in the legislative branch the National Commission on Foreign Interference in the 2016 Election to examine any attempts or activities by the Russian government or other governments, persons or entities associated with such governments, or persons or entities within Russia to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016. | {"src": "billsum_train", "title": "Protecting Our Democracy Act"} | 3,595 | 81 | 0.654027 | 1.769068 | 1.503749 | 7.363636 | 43.922078 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Manufacturing
Communities Act of 2016''.
SEC. 2. PROGRAM TO DESIGNATE AND SUPPORT MANUFACTURING COMMUNITIES.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment of Program.--The Secretary shall establish a
program to improve the competitiveness of United States manufacturing
by--
(1) designating consortiums as manufacturing communities
under subsection (d); and
(2) supporting manufacturing communities, as so designated,
under subsection (c).
(c) Support for Designated Manufacturing Communities.--
(1) Preferential consideration.--
(A) In general.--Except as provided in subparagraph
(D), in any case in which a member of a consortium
designated as a manufacturing community under
subsection (d) seeks financial or technical assistance
under a participating program of a participating
agency, the head of such agency may give preferential
consideration to such member with respect to the
awarding of such financial or technical assistance if--
(i) such head considers the award of the
financial or technical assistance consistent
with the economic development strategy of the
consortium; and
(ii) the member otherwise meets all
applicable requirements for the financial or
technical assistance.
(B) Participating agencies.--For purposes of the
program, the participating agencies are the following:
(i) The Department of Agriculture.
(ii) The Department of Commerce.
(iii) The Department of Defense.
(iv) The Department of Education.
(v) The Department of Energy.
(vi) The Department of Housing and Urban
Development.
(vii) The Department of Labor.
(viii) The Department of Transportation.
(ix) The Appalachian Regional Commission.
(x) The Delta Regional Authority.
(xi) The Environmental Protection Agency.
(xii) The National Science Foundation.
(xiii) The Small Business Administration.
(C) Participating programs.--
(i) In general.--The head of each
participating agency shall identify each
program administered by such participating
agency that is applicable to the program
established under subsection (b).
(ii) Designation.--For purposes of this
section, a participating program is a program
identified under clause (i).
(D) Multiple members of the same consortium seeking
the same financial or technical assistance.--
(i) In general.--In a case in which a
participating agency receives applications for
the same financial or technical assistance from
more than one member of the same consortium
designated as a manufacturing community under
subsection (d), the head of such agency may
determine how preference is given under
subparagraph (A), including by requiring the
consortium to select which of the members
should be given preference.
(ii) Coordination.--In a case described in
clause (i) in which the head of the agency
determines that more than one member of a
consortium should be given preference under
subparagraph (A) for financial or technical
assistance, the head of the agency may require
such members to demonstrate coordination with
each other in developing their applications for
the financial or technical assistance.
(E) Report.--Not later than 90 days after the date
of the enactment of this Act, the head of each
participating agency shall submit to the Secretary a
report specifying how the head will give preferential
consideration under subparagraph (A).
(2) Technical assistance.--The Secretary may make available
to each consortium designated as a manufacturing community
under subsection (d) a Federal point of contact to help the
members of the consortium access Federal funds and technical
assistance.
(3) Financial and technical assistance.--
(A) In general.--Under the program established
under subsection (b), the head of a participating
agency may award financial or technical assistance to a
member of a consortium designated as a manufacturing
community under subsection (d) as the head considers
appropriate for purposes of such program and consistent
with the economic development strategy of the
consortium.
(B) Use of funds.--
(i) In general.--A recipient of financial
or technical assistance under subparagraph (A)
may use the amount of such financial or
technical assistance to support an investment
in an ecosystem that will improve the
competitiveness of United States manufacturing.
(ii) Investments supported.--Investments
supported under this subparagraph may include
the following:
(I) Infrastructure.
(II) Access to capital.
(III) Promotion of exports and
foreign direct investment.
(IV) Equipment or facility
upgrades.
(V) Workforce training or
retraining.
(VI) Energy or process efficiency.
(VII) Business incubators.
(VIII) Site preparation.
(IX) Advanced research.
(X) Supply chain development.
(4) Coordination.--
(A) Coordination by secretary of commerce.--The
Secretary shall coordinate with the heads of the
participating agencies to identify programs under
paragraph (1)(C)(i).
(B) Inter-agency coordination.--The heads of the
participating agencies shall coordinate with each
other--
(i) to leverage complementary activities,
including from non-Federal sources such as
philanthropies; and
(ii) to avoid duplication of efforts.
(d) Designation of Manufacturing Communities.--
(1) In general.--Except as provided in paragraph (7), for
purposes of the program established under subsection (b), the
Secretary shall designate eligible consortiums as manufacturing
communities through a competitive process.
(2) Eligible consortiums.--
(A) In general.--For purposes of this section, an
eligible consortium is a consortium that--
(i) represents a region defined by the
consortium in accordance with subparagraph (B);
(ii) includes at least one--
(I) institution of higher
education;
(II) a private sector entity; and
(III) a government entity;
(iii) may include one or more--
(I) private sector partners;
(II) institutions of higher
education;
(III) government entities;
(IV) economic development and other
community and labor groups;
(V) financial institutions; or
(VI) utilities;
(iv) has, as a lead applicant--
(I) a district organization (as
defined in section 300.3 of title 13,
Code of Federal Regulations, or
successor regulation);
(II) an Indian tribe (as defined in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b)) or a consortium
of Indian tribes;
(III) a State or a political
subdivision of a State, including a
special purpose unit of a State or
local government engaged in economic or
infrastructure development activities,
or a consortium of political
subdivisions;
(IV) an institution of higher
education or a consortium of
institutions of higher education; or
(V) a public or private nonprofit
organization or association that is
acting in cooperation with officials of
a political subdivision of a State.
(B) Regions.--For purposes of this section and
subject to approval by the Secretary, a consortium may
define the region that it represents pursuant to
paragraph (2)(A)(i), except that a region so defined
shall be--
(i) large enough to contain critical
elements of the key technologies or supply
chain prioritized by the consortium; and
(ii) small enough to enable close
collaboration among members of the consortium.
(3) Duration.--Each designation under paragraph (1) shall
be for a period of 2 years.
(4) Renewal.--
(A) In general.--Upon receipt of an application
submitted under subparagraph (B), the Secretary may, as
the Secretary considers appropriate, renew a
designation made under paragraph (1) for a period of 2
years.
(B) Application for renewal.--An eligible
consortium seeking a renewal under subparagraph (A)
shall submit to the Secretary an application therefor
at such time, in such manner, and containing such
information as the Secretary may require.
(C) Modifications authorized.--The Secretary may
renew a designation under subparagraph (A) for an
eligible consortium that--
(i) has changed its own composition, either
by adding or removing members; or
(ii) submits under subparagraph (B) a
revision to the plan submitted under clause
(iv) of paragraph (5)(B) or the strategy
submitted under clause (v) of such paragraph.
(D) Evaluation for renewal.--In determining whether
to renew a designation of an eligible consortium under
paragraph (1), the Secretary shall assess the eligible
consortium using the following criteria:
(i) The performance of the consortium
against the terms of the consortium's most
recent designation under paragraph (1) and any
post-designation awards the consortium may have
received.
(ii) The progress the consortium has made
with respect to project-specific metrics the
consortium proposed in the consortium's
application for the most recent designation
under paragraph (1), particularly with respect
to those metrics that were designed to help
communities track their own progress.
(iii) Whether any changes to the
composition of the eligible consortium, as
described in clause (i) of subparagraph (C), or
revisions to the plan or strategy described in
clause (ii) of such subparagraph would improve
the competitiveness of United States
manufacturing.
(iv) Such other criteria as the Secretary
considers appropriate.
(5) Application for designation.--
(A) In general.--An eligible consortium seeking a
designation under paragraph (1) shall submit to the
Secretary an application therefor at such time and in
such manner as the Secretary may require.
(B) Contents.--Each application submitted to the
Secretary by an eligible consortium shall contain the
following:
(i) Description of the regional boundaries
of the consortium.
(ii) A description of the manufacturing
concentration of the consortium, including an
assessment of how the manufacturing
concentration of the consortium competitively
ranks nationally according to measures relating
to employment, sales, location quotients for an
industry's level of concentration, or such
other measures as the Secretary considers
appropriate.
(iii) An integrated assessment of the local
industrial ecosystem of the region of the
consortium, which may include assessment of
workforce and training, supplier network,
research and innovation, infrastructure or site
development, trade and international
investment, operational improvements, and
capital access components needed for
manufacturing activities in such region.
(iv) An evidence-based plan for developing
components of such ecosystem (selected by the
consortium) by making--
(I) specific investments to address
gaps in such ecosystem; and
(II) the manufacturing of the
region of the consortium uniquely
competitive.
(v) A description of the investments the
consortium proposes and the implementation
strategy the consortium intends to use to
address gaps in such ecosystem.
(vi) A description of outcome-based
metrics, benchmarks, and milestones that the
consortium will track and the evaluation
methods the consortium will use while
designated as a manufacturing community to
gauge performance of the strategy of the
consortium to improve the manufacturing in the
region of the consortium.
(vii) Such other matters as the Secretary
considers appropriate.
(6) Evaluation of applications.--The Secretary shall
evaluate each application received under paragraph (5) with
respect to the following:
(A) Whether the applicant demonstrates a
significant level of regional cooperation in their
proposal.
(B) How the manufacturing concentration of the
applicant competitively ranks nationally according to
measures described in paragraph (5)(B)(ii).
(7) Certain communities previously recognized.--Subject to
subparagraph (B), each consortium that was designated as a
manufacturing community by the Secretary in carrying out the
Investing in Manufacturing Communities Partnership initiative
of the Department of Commerce before the date of the enactment
of this Act shall be deemed a manufacturing community
designated under this subsection as long as such consortium is
still designated as a manufacturing community by the Secretary
as part of such initiative.
(e) Receipt of Transferred Funds.--The Secretary may accept amounts
transferred to the Secretary from the head of another participating
agency to carry out this section. | Made in America Manufacturing Communities Act of 2016 This bill establishes a program to improve the competitiveness of U.S. manufacturing by designating consortiums as manufacturing communities and authorizing federal agencies to provide them with financial and technical assistance. The Department of Commerce must designate consortiums as manufacturing communities using a competitive process and specified criteria. An eligible consortium must: represent a region that is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium and small enough to enable close collaboration among the consortium's members; include at least one institution of higher education, a private sector entity, and a government entity; and have a lead applicant that is a district organization, an Indian tribe, a state or political subdivision of a state, an institution of higher education, or a nonprofit organization or association cooperating with a political subdivision of a state. Specified federal agencies may support the manufacturing communities by awarding them financial or technical assistance, providing preferential consideration when members of the consortium apply for assistance, or providing a federal point of contact to help members access assistance. Recipients of the financial or technical assistance may use the funds to improve the competitiveness of U.S. manufacturing with investments that may include infrastructure, access to capital, promotion of exports and foreign direct investment, equipment upgrades, workforce training, energy or process efficiency, and other specified purposes. | {"src": "billsum_train", "title": "Made in America Manufacturing Communities Act of 2016"} | 2,663 | 295 | 0.583554 | 1.71761 | 0.774021 | 2.881679 | 9.767176 | 0.896947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shenandoah Valley National
Battlefields Partnership Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of several key Civil War
battles;
(2) certain sites, battlefields, structures, and districts
in the Shenandoah Valley are collectively of national
significance in the history of the Civil War;
(3) in 1990 Congress enacted legislation directing the
Secretary of the Interior to prepare a comprehensive study of
significant sites and structures associated with Civil War
battles in the Shenandoah Valley;
(4) the study, which was completed in 1992, found that many
of the sites within the Shenandoah Valley possess national
significance and retain a high degree of historical integrity;
(5) the preservation and interpretation of these sites will
make a vital contribution to the understanding of the heritage
of the United States;
(6) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(7) partnerships between Federal, State, and local
governments and their regional entities, and the private sector
offer the most effective opportunities for the enhancement and
management of the Civil War battlefields and related sites in
the Shenandoah Valley.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) preserve, conserve, and interpret the legacy of the
Civil War in the Shenandoah Valley;
(2) recognize and interpret important events and geographic
locations representing key Civil War battles in the Shenandoah
Valley, including those battlefields associated with the Thomas
J. (Stonewall) Jackson campaign of 1862 and the decisive
campaigns of 1864;
(3) recognize and interpret the effect of the Civil War on
the civilian population of the Shenandoah Valley during the war
and postwar reconstruction period; and
(4) create partnerships among Federal, State, and local
governments and their regional entities, and the private sector
to preserve, conserve, enhance and interpret the nationally
significant battlefields and related sites associated with the
Civil War in the Shenandoah Valley.
SEC. 4. DEFINITIONS.
As used in this Act, the term--
(1) ``battlefields'' means the Shenandoah Valley National
Battlefields established under section 5;
(2) ``Commission'' means the Shenandoah Valley National
Battlefields Commission established in section 9;
(3) ``historic core'' means the area surrounding each unit
of the battlefields as depicted on the map referenced in
section 5(a) that encompasses important components of a
conflict and that provides a strategic context and geographic
setting for understanding the conflict;
(4) ``plan'' means the Shenandoah Valley National
Battlefields plan approved by the Secretary pursuant to section
6;
(5) ``Secretary'' means the Secretary of the Interior; and
(6) ``Shenandoah Valley'' means the Shenandoah Valley in
the Commonwealth of Virginia.
SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.
(a) Establishment.--(1) To carry out the purposes of this Act,
there is hereby established the Shenandoah Valley National Battlefields
in the Commonwealth of Virginia. The battlefields shall consist of
approximately 1,863 acres of lands and interests therein as generally
depicted on the map entitled ``Shenandoah Valley National
Battlefields'', numbered SHVA / 80,000 and dated April 1994, comprising
units at Cedar Creek, Cross Keys, Fisher's Hill, McDowell, New Market,
Opequan, Port Republic, Second Kernstown, Second Winchester, and Tom's
Brook.
(2) The map referred to in paragraph (1) shall be on file and
available for public inspection in the offices of the Commission and in
the appropriate offices of the National Park Service.
(3) The Secretary may, with the advice of the Commission and
following an opportunity for public comment, make minor revisions to
the boundaries of the battlefields.
(b) Administration.--The Secretary shall administer the
battlefields in accordance with this Act and with provisions of law
generally applicable to the National Park System, including the Act
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4) and the Act
approved August 21, 1935 (49 Stat. 666). The Secretary shall protect,
manage, and administer the battlefields for the purposes of preserving
and interpreting their natural, cultural and historic resources and of
providing for public understanding and appreciation of the battlefields
in such a manner as to perpetuate these qualities and values for future
generations.
(c) Land Acquisition.--(1) Except as otherwise provided in this
subsection, the Secretary is authorized to acquire lands and interests
therein within the boundaries of the battlefields by donation, purchase
with donated or appropriated funds, or exchange: Provided, That no
lands or interests therein may be acquired except with the consent of
the owner thereof.
(2) Lands or interests therein within the battlefields that are
owned by the Commonwealth of Virginia or a political subdivision
thereof, may be acquired only by donation or exchange.
(3) The Secretary may not accept donations of lands or interests
therein acquired through condemnation.
SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PLAN.
(a) In General.--The battlefields shall be managed by the Secretary
pursuant to this Act and the Shenandoah Valley National Battlefields
plan developed by the Commission and approved by the Secretary, as
provided in this section.
(b) Specific Provisions.--The plan shall include--
(1) recommendations of potential boundary modifications to
the battlefields, including modifications to the boundaries of
the historic core of each unit, and the potential addition of
new units;
(2) provisions for the management, protection, and
interpretation of the natural, cultural, and historical
resources of the battlefields, consistent with the purposes of
this Act;
(3) recommendations to the Commonwealth of Virginia (and
political subdivisions thereof) for the management, protection,
and interpretation of the natural, cultural, and historical
resources of the historic core areas;
(4) the information described in section 12(b) of Public
Law 91-383 (16 U.S.C. 1a-7(b)) (pertaining to the preparation
of general management plans);
(5) identification of appropriate partnerships between the
Secretary and other Federal, State, and local governments and
regional entities, and the private sector, in furtherance of
the purposes of this Act;
(6) proposed locations for visitor contact and major
interpretive facilities, including proposals for one
interpretive facility in the upper Shenandoah Valley and one in
the lower Shenandoah Valley;
(7) provisions for implementing a continuing program of
interpretation and visitor education concerning the resources
and values of the battlefields and historic core areas; and
(8) provisions for a uniform valley-wide historical maker
and wayside exhibit program, including a provision for marking,
with the consent of the owner, historic structures and
properties contained within the historic core areas, as
identified on the map referred to in section 5(a), that
contribute to the understanding of the battlefields.
(c) Preparation of Draft Plan.--(1) Not later than 2 years after
the date on which the Commission conducts its first meeting, the
Commission shall submit to the Secretary a draft plan that meets the
requirements of subsection (b).
(2) Prior to submitting the draft plan to the Secretary, the
Commission shall ensure that--
(A) the Commonwealth of Virginia, and any political
subdivision thereof that would be affected by the plan,
receives a copy of the draft plan;
(B) adequate notice of the availability of the draft plan
is provided through publication in appropriate local newspapers
in the area of the battlefields; and
(C) at least one public hearing in the vicinity of the
battlefields in the upper Shenandoah Valley and one public
hearing in the vicinity of the battlefields in the lower
Shenandoah Valley is conducted by the Commission with respect
to the draft plan.
(d) Review of Plan by the Secretary.--The Secretary shall review
the draft plan, and, not later than 90 days after the date on which the
draft plan is submitted, shall either--
(1) approve the plan; or
(2) reject the plan and recommend modifications to the
Commission that would make the plan acceptable.
SEC. 7. COOPERATIVE AGREEMENTS.
(a) In General.--In furtherance of the purposes of this Act, the
Secretary may establish partnerships and enter into cooperative
agreements concerning lands and interests therein within the
battlefields and historic core areas with other Federal, State, or
local agencies, and private persons and organizations.
(b) Historic Monuments.--The Secretary may enter into agreements
with the owners of property in the battlefields and historic core areas
on which historic monuments and tablets commemorating the battles have
been erected prior to the date of enactment of this Act. The Secretary
may make funds available for the maintenance, protection, and
interpretation of the monuments and tablets pursuant to such
agreements.
SEC. 8. GRANT PROGRAM.
(a) In General.--(1) Within the battlefields and historic core
areas, the Secretary may award grants and provide technical assistance
to property owners to provided for the preservation and interpretation
of the natural, cultural, and historical resources within the
battlefields and historic core areas.
(2)(A) The Secretary, after consultation with the Commission, may
award grants and provide technical assistance to governmental entities
to assist with the planning, development, and implementation of
comprehensive plans, land use guidelines, regulations, ordinances or
other appropriate documents that are consistent with and designed to
protect the historic character of the battlefields and historic core
areas.
(B) The Commission shall conduct a regular review of approved
plans, guidelines, regulations, ordinances, or documents. If the
Commission finds that any such plan, guideline, regulation, ordinance,
or document or the implementation thereof is no longer consistent with
the protection of the historic character of the battlefields and
historic core areas, after consultation with the affected governmental
entity, the Commission may recommend that the Secretary withdraw
approval and suspend any grant authority pursuant to this section.
(C) The Secretary, after consultation with the Commission, shall
suspend any grant awarded under this paragraph if the Secretary has
determined that such plans, guidelines, regulations, ordinances, or
documents are modified in a manner that is inconsistent with the
protection of the historic character of the battlefields and historic
core areas.
(b) Cost Share.--The Federal share of any grant made under this
section shall be matched by non-Federal funds on a one-to-one basis.
(c) Additional Conditions.--The Secretary may require such
additional terms and conditions before awarding any grant as the
Secretary determines to be necessary.
SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION.
(a) Establishment.--There is hereby established the Shenandoah
Valley National Battlefields Commission.
(b) Membership.--The commission shall be composed of 19 members, to
be appointed by the Secretary as follows:
(1) 5 members representing local governments of communities
in the vicinity of the battlefields, after considering
recommendations made by appropriate local governing bodies.
(2) 10 members representing property owners within the
battlefields or historic core areas (1 member within each
unit).
(3) 1 member with demonstrated expertise in historic
preservation.
(4) 1 member who is a recognized historian with expertise
in Civil War history.
(5) The Governor of Virginia, or a designee of the
Governor, ex officio.
(6) The Director of the National Park Service, or a
designee of the Director, ex officio.
(c) Appointments.--Members of the Commission shall be appointed for
staggered terms of 3 years, as designated by the Secretary at the time
of the initial appointment. Any member of the Commission appointed for
a definite term may serve after the expiration of the term until the
successor of the member is appointed.
(d) Election of Officers.--The Commission shall elect one of its
members as Chairperson and one as Vice Chairperson. Terms of the
Chairperson and Vice Chairperson shall be 2 years. The Vice Chairperson
shall serve as Chairperson in the absence of the Chairperson.
(e) Vacancy.--Any vacancy on the Commission shall be filled in the
same manner in which the original appointment was made, except that the
Secretary shall fill any vacancy within 30 days after the vacancy
occurs.
(f) Quorum.--A majority of the Commission shall constitute a
quorum.
(g) Meetings.--The Commission shall meet not less than quarterly,
or at the call of the Chairperson or a majority of the members of the
Commission. Notice of meetings and agendas shall be published in local
newspapers that have a distribution throughout the Shenandoah Valley.
Commission meetings shall be held at various locations throughout the
Shenandoah Valley and in a manner that ensures adequate public
participation.
(h) Staff of the Commission.--The Commission shall have the power
to appoint and fix the compensation of such staff as may be necessary
to carry out its duties.
(i) Administrative Support Services.--The Administrator of the
General Services Administration shall provide to the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.
(j) Federal Agencies.--Upon request of the Commission, the head of
any Federal agency may detail to the Commission, on a reimbursable
basis, personnel of the agency to assist the Commission in carrying out
its duties.
(k) Subpoenas.--The Commission may not issue subpoenas or exercise
any subpoena authority.
(l) Expenses.--Members of the Commission shall serve without
compensation, but the Secretary may reimburse members for expenses
reasonably incurred in carrying out the responsibilities of the
Commission under this Act.
(m) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(n) Gifts.--The Commission may, for purposes of carrying out the
duties of the Commission, seek, accept, and dispose of gifts, bequests,
or donations of money, personal property, or services, received from
any source.
SEC. 10. DUTIES OF THE COMMISSION.
The Commission shall--
(1) develop the plan referred to in section 6, in
consultation with the Secretary;
(2) advise the Secretary on the administration of the
battlefields;
(3) assist the Commonwealth of Virginia, or any political
subdivision thereof, or any nonprofit organization, in the
management, protection, and interpretation of the natural,
cultural and historical resources within the historic core
areas: Provided, however, That the Commission shall in no way
infringe upon the authorities and policies of the Commonwealth
of Virginia or any political subdivision thereof; and
(4) take appropriate action to encourage protection of the
natural, cultural, and historic resources within the
battlefields and historic core areas by landowners, local
governments, organizations, and businesses.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated such
sums as are necessary to carry out this Act, except that no more than
$250,000 may be appropriated for the establishment and operation of the
Commission.
(b) Availability of Funds.--Funds made available under subsection
(a) shall remain available until expended.
Passed the Senate June 8 (legislative day, June 7), 1994.
Attest:
MARTHA S. POPE,
Secretary.
S 1033 RFH----2
S 1033 RFH----3 | Shenandoah Valley National Battlefields Partnership Act of 1994 - Establishes the Shenandoah Valley National Battlefields in Virginia.
Directs the Secretary of the Interior to protect, manage, and administer the Battlefields for the purposes of preserving and interpreting their natural, cultural, and historic resources and of providing for public understanding and appreciation of the Battlefields in such a manner as to perpetuate these qualities and values for future generations.
Authorizes the Secretary to acquire lands within the boundaries of the Battlefields, subject to specified requirements.
(Sec. 6) Requires that the Battlefields be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan (plan) to be developed by the Shenandoah Valley National Battlefields Commission (to be established under this Act) and approved by the Secretary.
(Sec. 7) Authorizes the Secretary to establish partnerships and enter into cooperative agreements concerning lands within the Battlefields and historic core areas with other Federal, State, or local agencies and private persons and organizations.
(Sec. 8) Authorizes the Secretary: (1) within the Battlefields and historic core areas, to award grants and provide technical assistance to property owners to provide for the preservation and interpretation of the natural, cultural, and historical resources within the Battlefields and historic core areas; and (2) to award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances, or other appropriate documents that are consistent with and designed to protect the historic character of the Battlefields and historic core areas.
Directs the Commission to conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents (documents), and where appropriate, to recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section.
Directs the Secretary to suspend grants awarded upon determining that such documents are modified in a manner that is inconsistent with the protection of the historic character of the Battlefields and historic core areas.
Specifies that the Federal share of any grant made under this section shall be matched by non-Federal funds.
(Sec. 10) Directs the Commission to: (1) advise the Secretary on the administration of the Battlefields; (2) assist Virginia, any political subdivision thereof, or any nonprofit organization in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas; and (3) take appropriate action to encourage protection of the natural, cultural, and historic resources within the Battlefields and historic core areas by landowners, local governments, organizations, and businesses.
(Sec. 11) Authorizes appropriations. | {"src": "billsum_train", "title": "Shenandoah Valley National Battlefields Partnership Act of 1994"} | 3,457 | 597 | 0.70766 | 2.324793 | 0.733547 | 6.153398 | 6.15534 | 0.968932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Organization Protection
Act of 2015''.
SEC. 2. LIABILITY PROTECTION FOR ORGANIZATION OR ENTITY.
The Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.) is
amended--
(1) in section 3 (42 U.S.C. 14502)--
(A) in subsection (a), by inserting after
``relating to volunteers'' the following: ``or
volunteer nonprofit organizations''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by inserting after ``against a
volunteer'' the following: ``or a volunteer nonprofit
organization'';
(2) in section 4 (42 U.S.C. 14503)--
(A) in the heading, by inserting ``and volunteer
nonprofit organizations'' after ``volunteers'';
(B) by striking subsection (c) and inserting the
following:
``(c) Liability Protection for Organization or Entity.--
``(1) In general.--No volunteer nonprofit organization
shall be liable for harm caused by an act or omission of a
volunteer on behalf of the organization unless--
``(A) the organization would be liable for the act
or omission under generally applicable laws governing
the direct or vicarious liability of organizations; and
``(B) the organization itself has expressly
authorized the specific conduct constituting the act or
omission.
``(2) Government request or authorization.--Notwithstanding
paragraph (1), no volunteer nonprofit organization shall be
liable for harm caused by an act or omission of the
organization or of a volunteer acting on behalf of the
organization if--
``(A) the organization or the volunteer engaged in
the act or omission at the request of or pursuant to an
authorization by the Federal Government, a State
government, or any agency or subdivision thereof; and
``(B)(i) the requesting or authorizing governmental
entity would have been immune from suit or from
liability in damages if the entity had engaged in the
act or omission itself or through an employee, agent,
or independent contractor; or
``(ii) any governmental employee, agent, or
contractor who had engaged in the act or omission on
behalf of the requesting or authorizing governmental
entity would have been immune from suit or from
liability in damages by virtue of immunity extended to
individual governmental actors.
``(3) Rule of construction.--Except as provided in
paragraphs (1) and (2), nothing in this section shall be
construed to affect the liability of any nonprofit organization
or governmental entity with respect to harm caused to any
person.'';
(C) in subsection (d)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
(D) in subsection (e)(1)--
(i) by striking ``against a volunteer'' and
inserting the following: ``against--
``(A) a volunteer''; and
(ii) by striking the period at the end and
inserting the following: ``; or
``(B) a volunteer nonprofit organization in an
action brought for harm based on the action of a
volunteer acting within the scope of the volunteer's
responsibilities to the organization unless the
claimant establishes by clear and convincing evidence
that the organization itself expressly authorized the
volunteer's action and did so with a conscious,
flagrant indifference to the rights or safety of the
individual harmed.''; and
(E) in subsection (f)(1), by inserting ``or of a
volunteer nonprofit organization'' after ``liability of
a volunteer'';
(3) in section 5 (42 U.S.C. 14504)--
(A) in subsection (a)--
(i) by inserting ``or a volunteer nonprofit
organization'' after ``action against a
volunteer''; and
(ii) by inserting ``or volunteer nonprofit
organization'' after ``liability of the
volunteer''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or a
volunteer nonprofit organization'' after ``who
is a volunteer''; and
(ii) in paragraph (2), by inserting ``or a
volunteer nonprofit organization'' after ``who
is a volunteer''; and
(4) in section 6 (42 U.S.C. 14505)--
(A) by striking ``For purposes of this Act'' and
inserting ``(a) In General.--For purposes of this
Act''; and
(B) by adding at the end the following:
``(b) Volunteer Nonprofit Organizations.--
``(1) Qualification as a volunteer nonprofit
organization.--
``(A) Actions conducted through volunteers.--A
nonprofit organization that conducts substantially all
of its activities solely through the actions of
volunteers or of independent contractors is a volunteer
nonprofit organization for purposes of this Act.
``(B) Organization with no employees.--A nonprofit
organization that has no employees is conclusively
presumed to be a volunteer nonprofit organization for
purposes of this Act.
``(C) Local affiliated organizations with no
employees.--
``(i) Presumption.--A nonprofit
organization is presumed to be a volunteer
nonprofit organization for purposes of this Act
if the primary office and the majority of the
employees of the organization function
primarily to provide support to local
affiliated organizations that do not have
employees and that act in furtherance of the
organization's nonprofit mission.
``(ii) Rebuttal.--The presumption under
clause (i) may be rebutted only by clear and
convincing evidence that the board of the
nonprofit organization expressly authorized the
employees of the nonprofit organization to
assert active control over the local affiliated
organization with respect to the act or
omission in question.
``(D) Public charities; private foundations; social
welfare organizations.--A nonprofit organization is a
volunteer nonprofit organization for purposes of this
Act if the organization--
``(i) has fewer than 50 employees;
``(ii) has annual gross receipts of less
than $200,000; and
``(iii) is--
``(I) an organization described in
paragraph (1), (2), or (3) of section
509(a) of the Internal Revenue Code of
1986 that is exempt from taxation under
section 501(a) of such Code;
``(II) a private foundation, as
defined in section 509 of the Internal
Revenue Code of 1986, that is exempt
from taxation under section 501(a) of
such Code; or
``(III) an organization operated
exclusively for the promotion of social
welfare that is described in section
501(c)(4) of the Internal Revenue Code
of 1986 and is exempt from taxation
under section 501(a) of such Code.
``(2) Acts by a volunteer nonprofit organization.--
``(A) Governing documents of organization.--A
volunteer nonprofit organization acts `itself' for
purposes of this Act only if the person or body that is
authorized by the governing documents of the
organization to act in the name of and on behalf of the
organization expressly acts in accordance with those
documents.
``(B) Applicable state law.--If the governing
documents of a volunteer nonprofit organization do not
identify the person or body that is authorized to act
in the name of and on behalf of the organization, the
organization acts `itself' for purposes of this Act
only if the person or body whose action is required
under the applicable State law in order to bind the
organization acts strictly in accordance with that
State law.''. | Volunteer Organization Protection Act of 2015 Amends the Volunteer Protection Act of 1997 to expand liability protections to volunteer nonprofit organizations for harm caused by an act or omission of a volunteer on behalf of the organization. Prohibits such liability protections from applying if the organization: (1) would be liable under laws governing the direct or vicarious liability of organizations, and (2) expressly authorized the specific conduct constituting the act or omission. Bars such an organization from liability for harm caused by the organization, or a volunteer acting on its behalf, if the act or omission was at the request of, or pursuant to an authorization by, the federal government, a state government, or another governmental subdivision, provided that: (1) the requesting or authorizing governmental entity would have been immune from suit or from liability in damages if the entity had engaged in the act or omission itself or through an employee, agent, or independent contractor; or (2) any governmental employee, agent, or contractor who had engaged in the act or omission on behalf of the requesting or authorizing governmental entity would have been immune from suit or from liability in damages by virtue of immunity extended to individual governmental actors. Prohibits punitive damages from being awarded against a volunteer nonprofit organization for the actions of a volunteer within the scope of the volunteer's responsibilities to the organization unless the claimant establishes by clear and convincing evidence that the organization itself expressly authorized the volunteer's action with a conscious, flagrant indifference to the rights or safety of the individual harmed. Sets forth factors to be considered to determine whether a nonprofit organization is presumed to be a volunteer nonprofit organization. | {"src": "billsum_train", "title": "Volunteer Organization Protection Act of 2015"} | 1,754 | 376 | 0.754191 | 2.303595 | 1.09135 | 5.083601 | 5.115756 | 0.92926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Innovation through
Investment Act of 2010''.
SEC. 2. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT.
``(a) General Rule.--
``(1) In general.--For purposes of section 38, in the case
of a qualified investor, the equity investment in small
business tax credit determined under this section for the
taxable year is an amount equal to 30 percent of the amount of
each qualified equity investment made by the qualified investor
during the taxable year.
``(2) Years in which credit allowable.--The credit under
paragraph (1) shall be allowable as follows:
``(A) Fifty percent of such credit shall be allowed
in the taxable year in which the qualified equity
investment is made.
``(B) Twenty-five percent of such credit shall be
allowed in the taxable year after the taxable described
in subparagraph (A).
``(C) Twenty-five percent of such credit shall be
allowed in the second taxable year after the taxable
described in subparagraph (A).
``(b) Credit Amount.--For purposes of determining the small
business tax credit under subsection (a), the amount of qualified
equity investments made by the qualified investor during the taxable
year shall not exceed $500,000, reduced by so much of $250,000 that is
not an investment in--
``(1) small business concerns in manufacturing and
biotechnology,
``(2) minority and women-owned small businesses, or
``(3) a qualified HUBzone small business concern (as
defined in section 3(p)(5) of the Small Business Act (15 U.S.C.
632(p)(5))).
``(c) Definitions.--For purposes of this section--
``(1) Qualified investor.--The term `qualified investor'
means--
``(A) an individual who qualifies as an accredited
investor under rules and regulations prescribed by the
Commissioner of the Securities and Exchange Commission,
or
``(B) a partnership with respect to which all of
the partners are individuals who qualify as accredited
investors under rules and regulations prescribed by the
Commissioner of the Securities and Exchange Commission.
``(2) Qualified equity investment.--The term `qualified
equity investment' means the transfer of cash or cash
equivalents in exchange for stock or capital interest in a
qualified small business.
``(3) Qualified small business.--The term `qualified small
business' means a private small business concern (within the
meaning of section 3 of the Small Business Act)--
``(A) that meets the applicable size standard (as
in effect on January 1, 2005) established by the
Administrator of the Small Business Administration
pursuant to subsection (a)(2) of such section, and
``(B) has its principal place of business in the
United States.
For purposes of this section, all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b)) shall be treated as 1 qualified small
business.
``(d) Active Business Requirement.--
``(1) In general.--Holding stock in a qualified small
business shall not be treated as a qualified equity investment
unless, during substantially all of the qualified investor's
holding period for such stock, such qualified small business
meets the active business requirements of paragraph (2).
``(2) Requirements.--
``(A) In general.--For purposes of paragraph (1),
the requirements of this paragraph are met by a
qualified small business for any period if during such
period at least 80 percent (by value) of the assets of
such qualified small business are used by such
qualified small business in the active conduct of 1 or
more qualified trades or businesses.
``(B) Special rule for certain activities.--For
purposes of subparagraph (A), if, in connection with
any future qualified trade or business, a qualified
small business is engaged in--
``(i) start-up activities described in
section 195(c)(1)(A),
``(ii) activities resulting in the payment
or incurring of expenditures which may be
treated as research and experimental
expenditures under section 174, or
``(iii) activities with respect to in-house
research expenses described in section
41(b)(4),
assets used in such activities shall be treated as used
in the active conduct of a qualified trade or business.
Any determination under this subparagraph shall be made
without regard to whether a qualified small business
has any gross income from such activities at the time
of the determination.
``(C) Qualified trade or business.--For purposes of
this paragraph, the term `qualified trade or business'
is as defined in section 1202(e)(3).
``(D) Stock in other entities.--
``(i) Look-thru in case of subsidiaries.--
For purposes of this subsection, stock and debt
in any subsidiary entity shall be disregarded
and the parent qualified small business shall
be deemed to own its ratable share of the
subsidiary's assets, and to conduct its ratable
share of the subsidiary's activities.
``(ii) Portfolio stock or securities.--A
qualified small business shall be treated as
failing to meet the requirements of
subparagraph (A) for any period during which
more than 10 percent of the value of its assets
(in excess of liabilities) consists of stock or
securities in other entities which are not
subsidiaries of such qualified small business
other than assets described in subparagraph
(E)).
``(iii) Subsidiary.--For purposes of this
subparagraph, an entity shall be considered a
subsidiary if the parent owns more than 50
percent of the combined voting power of all
classes of stock entitled to vote, or more than
50 percent in value of all outstanding stock,
of such entity.
``(E) Working capital.--For purposes of
subparagraph (A), any assets which--
``(i) are held as a part of the reasonably
required working capital needs of a qualified
trade or business of the qualified small
business, or
``(ii) are held for investment and are
reasonably expected to be used within 2 years
to finance research and experimentation in a
qualified trade or business or increases in
working capital needs of a qualified trade or
business,
shall be treated as used in the active conduct of a
qualified trade or business. For periods after the
qualified small business has been in existence for at
least 2 years, in no event may more than 50 percent of
the assets of the qualified small business qualify as
used in the active conduct of a qualified trade or
business by reason of this subparagraph.
``(F) Maximum real estate holdings.--A qualified
small business shall not be treated as meeting the
requirements of subparagraph (A) for any period during
which more than 10 percent of the total value of its
assets consists of real property which is not used in
the active conduct of a qualified trade or business.
For purposes of the preceding sentence, the ownership
of, dealing in, or renting of real property shall not
be treated as the active conduct of a qualified trade
or business.
``(G) Computer software royalties.--For purposes of
subparagraph (A), rights to computer software which
produces active business computer software royalties
(within the meaning of section 543(d)(1)) shall be
treated as an asset used in the active conduct of a
trade or business.
``(e) Certain Purchases by Qualified Investor of Its Own Stock.--
``(1) Redemptions from qualified investor or related
person.--Stock acquired by the qualified investor shall not be
treated as a qualified equity investment if, at any time during
the 4-year period beginning on the date 2 years before the
issuance of such stock, the qualified small business issuing
such stock purchased (directly or indirectly) any of its stock
from the qualified investor or from a person related (within
the meaning of section 267(b) or 707(b)) to the qualified
investor.
``(2) Significant redemptions.--Stock issued by a qualified
small business to a qualified investor shall not be treated as
a qualified equity investment if, during the 2-year period
beginning on the date 1 year before the issuance of such stock,
such qualified small business made 1 or more purchases of its
stock with an aggregate value (as of the time of the respective
purchases) exceeding 5 percent of the aggregate value of all of
its stock as of the beginning of such 2-year period.
``(3) Treatment of certain transactions.--If any
transaction is treated under section 304(a) as a distribution
in redemption of the stock of any qualified small business, for
purposes of subparagraphs (A) and (B), such qualified small
business shall be treated as purchasing an amount of its stock
equal to the amount treated as such a distribution under
section 304(a).
``(f) Special Rule for Related Parties.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to a qualified equity investment
made by a qualified investor in a qualified small business that
is a related party to the qualified investor.
``(2) Related party.--For purposes of paragraph (1), a
person is a related party with respect to another person if
such person bears a relationship to such other person described
in section 267(b) or 707(b), or if such persons are engaged in
trades or businesses under common control (within the meaning
of subsections (a) and (b) of section 52).
``(g) Recapture of Credit in Certain Cases.--
``(1) In general.--If, at any time during the 3-year period
beginning on the date that the qualified equity investment is
made by the qualified investor, there is a recapture event with
respect to such investment, then the tax imposed by this
chapter for the taxable year in which such event occurs shall
be increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the aggregate decrease in the credits allowed
to the taxpayer under section 38 for all prior taxable
years which would have resulted if no credit had been
determined under this section with respect to such
investment, plus
``(B) interest at the underpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Recapture event.--For purposes of paragraph (1),
there is a recapture event with respect to a qualified equity
investment if such investment is sold, transferred, or
exchanged by the qualified investor, but only to the extent
that such sale, transfer, or exchange is not the direct result
of a complete or partial liquidation of the qualified small
business in which such qualified equity investment is made.
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under this chapter or for purposes
of section 55.
``(h) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment.
``(i) Regulations.--
``(1) In general.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(2) Certification of qualified equity investment.--Such
regulations shall require that a qualified investor--
``(A) certify that the small business in which the
equity investment is made meets the requirements
described in subsection (c)(3), and
``(B) include the name, address, and taxpayer
identification number of such small business on the
return claiming the credit under subsection (a).
``(j) Termination.--This section shall not apply to qualified
equity investments made in taxable years beginning after December 31,
2016.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``and'' at the end of
paragraph (34), by striking the period at the end of paragraph (35) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(36) in the case of a taxpayer, the equity investment in
small business tax credit determined under section 45R(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 adding
at the end the following new item:
``Sec. 45R. Equity investment in small business tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified equity investments made after December 31, 2010, in
taxable years beginning after such date.
SEC. 3. ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION.
(a) Data Collection.--The Secretary of the Treasury shall provide
to the Administrator of the Small Business Administration any data--
(1) available to the Secretary on the implementation and
use of the equity investment in small business tax credit
determined under section 45R of the Internal Revenue Code of
1986; and
(2) requested by the Administrator for analysis purposes.
(b) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter during the 5-year period beginning on
such date, the Administrator of the Small Business Administration shall
submit to Congress a report describing the implementation and use of
the equity investment in small business tax credit determined under
section 45R of the Internal Revenue Code of 1986. | Small Business Innovation through Investment Act of 2010 - Amends the Internal Revenue Code to allow a new business-related tax credit for 30% of the equity investment in a small business concern. Allows a maximum credit of $500,000, but reduces such amount by so much of $250,000 that is not an investment in a manufacturing or biotechnology small business concern, a minority and women-owned small business, or a qualified HUBzone (historically underutilized business zone) small business concern. Terminates such credit after 2016.
Requires the Secretary of the Treasury to provide to the Administrator of the Small Business Administration (SBA) any data on the implementation and use of the equity investment in small business tax credit that is requested by the Administrator for analysis purposes. Requires the Administrator to report to Congress annually on the implementation and use of such tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified equity investments in certain small businesses, and for other purposes."} | 3,218 | 184 | 0.617727 | 1.620766 | 0.842547 | 3.670807 | 18.89441 | 0.925466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility to Promote Reemployment
Act''.
SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH
DEMONSTRATION PROJECTS.
(a) Modification of Numerical Limitation.--Subsection (a) of
section 305 of the Social Security Act (42 U.S.C. 505) is amended by
inserting ``per year'' after ``10 States''.
(b) Clarification of Application Requirements.--Subsection (b) of
such section 305 is amended--
(1) by inserting ``or his or her designee'' after ``The
Governor of any State''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for any waiver requested under subsection (c), a
statement describing--
``(A) the specific provision or provisions of law
for which such waiver is requested; and
``(B) the specific aspects of the project to which
such waiver would apply and the reasons why it is
needed;''.
(c) Extension of Eligible Time Period.--Subsection (d) of such
section 305 is amended--
(1) in paragraph (2), by striking ``may not be approved''
and inserting ``may not be conducted''; and
(2) in paragraph (3), by striking ``December 31, 2015'' and
inserting ``December 31, 2021''.
(d) Clarification of Demonstration Activities.--Subsection (e) of
such section 305 is amended--
(1) in paragraph (1), by striking ``for employer-provided
training, such as'' and inserting ``to employers or claimants
for employer-provided training or''; and
(2) in paragraph (2), by striking ``, not to exceed the
weekly benefit amount for each such individual, to pay part of
the cost of wages that exceed the unemployed individual's prior
benefit level'' and inserting ``that include disbursements
promoting retention''.
(e) Selection of Qualifying Applications on a First-Come, First-
Served Basis.--Subsection (f) of such section 305 is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3); and
(2) by inserting before paragraph (2) (as redesignated by
this subsection) the following:
``(1) approve completed applications in the order of
receipt;''.
(f) Termination of Demonstration Projects.--Subsection (g) of such
section 305 is amended to read as follows:
``(g) The Secretary of Labor may terminate a demonstration project
under this section if the Secretary--
``(1) determines that the State has violated the
substantive terms or conditions of the project;
``(2) notifies the State in writing with sufficient detail
describing the violation; and
``(3) determines that the State has not taken action to
correct the violation within 90 days after the notification.''.
(g) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) Transition rule.--
(A) In general.--Nothing in this Act shall be
considered to terminate or otherwise affect any
demonstration project approved under section 305 of the
Social Security Act before the date of the enactment of
this Act.
(B) Original conditions continue to apply.--A
demonstration project described in subparagraph (A)
shall be conducted in the same manner as if subsections
(a) through (f) had not been enacted.
SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Section 305 of the Social Security Act (42 U.S.C.
505) is amended by adding at the end the following:
``(i) The Secretary of Labor shall conduct an impact evaluation of
each demonstration project conducted under this section, using existing
data sources to the extent possible and methodology appropriate to
determine the effects of the demonstration project, including on
individual skill levels, earnings, and employment retention.''.
(b) Cooperation by State.--Section 305(b) of the Social Security
Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is
further amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) a description of the manner in which the State will
determine the extent to which the goals and outcomes described
in paragraph (3) were achieved;
``(6) assurances that the State will cooperate, in a timely
manner, with the Secretary of Labor with respect to the impact
evaluation conducted under subsection (i); and''.
(c) Reporting.--Not later than 90 days after the end of fiscal year
2018 and each fiscal year thereafter, until the completion of the last
evaluation under section 305(i) of the Social Security Act, the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, a report
that includes a description of--
(1) the status of each demonstration project being carried
out under this section;
(2) the results of the evaluation completed during the
previous fiscal year; and
(3) the Secretary's plan for--
(A) disseminating the findings of the report to
appropriate State agencies; and
(B) incorporating the components of successful
demonstration projects that reduced benefit duration
and increased employment into Federal unemployment law.
(d) Public Dissemination.--In addition to the reporting
requirements under subparagraph (c), evaluation results shall be shared
broadly to inform policy makers, service providers, other partners, and
the public in order to promote wide use of successful strategies,
including by posting evaluation results on the Internet website of the
Department of Labor. | Flexibility to Promote Reemployment Act This bill authorizes the Department of Labor to enter into agreements with 10 states per year (currently, 10 states total) for the purpose of allowing such states to conduct reemployment demonstration projects. In addition to a governor of a state, a designee of a governor may apply for approval of such a project. The allowable project period is extended through December 31, 2021. A demonstration project may include disbursements promoting retention to employers who hire individuals receiving unemployment compensation. Labor must approve completed applications in the order of receipt. Labor may terminate a demonstration project under this bill if it notifies the state in writing with sufficient detail describing the violation and determines that the state has not taken action to correct the violation within 90 days after the notification. The bill directs Labor to evaluate the impact of each demonstration project using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention. | {"src": "billsum_train", "title": "Flexibility to Promote Reemployment Act"} | 1,306 | 210 | 0.528938 | 1.500092 | 0.766251 | 3.483871 | 6.478495 | 0.870968 |
SECTION 1. STATE PROGRAMS FOR CLEAN UP OF MUNICIPAL WASTE LANDFILL
SUPERFUND SITES.
(a) State Programs.--(1) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is
amended by adding at the end of title I the following new section:
``SEC. 127. MUNICIPAL WASTE LANDFILL SITES.
``(a) State Programs.--
``(1) In general.--Each State may develop and submit to the
Administrator of the Environmental Protection Agency a State
program under which the State will remediate, in accordance
with this section, qualified municipal waste landfills.
``(2) Submission of program.--The Administrator shall
require that State programs under this section be submitted at
such time, in such form, and in such manner as the
Administrator deems appropriate. Not later than 180 days after
receipt of a State program, the Administrator shall approve or
disapprove the program. The Administrator shall approve the
program if the Administrator determines that the program
provides for the remediation of qualified municipal waste
landfills in accordance with the provisions of subsection (b).
Upon approval of such program, the provisions of this title
(other than this section and section 101) shall not apply to
any release or threatened release at any qualified municipal
waste landfill which is covered by such program. If the program
is disapproved, the Administrator shall inform the State of the
reasons for the disapproval and permit the State to correct and
resubmit the program for approval.
``(b) Remediation.--The President shall promulgate, after
opportunity for notice and comment, regulations governing response
action under this section. Such regulations shall provide for a
presumptive remedy based on streamlined site characterization using the
Environmental Protection Agency's Model Municipal Landfill Remedial
Investigation and Feasibility Study Guidance and for closure of the
site consistent with subtitle D of the Solid Waste Disposal Act. Such
presumptive remedy shall include each of the following:
``(1) Waste consolidation where feasible if multiple
discrete disposal sites can be more economically contained in
one unit.
``(2) Final cover, including a barrier layer with a
permeability equal to 1 x 10<SUP>-5 cm per second or a flexible
membrane liner of at least 30mm thickness, and properly
maintained vegetative cover. Upon demonstration, existing caps
providing comparable control may be used or upgraded as needed.
``(3) Landfill gas control consistent with subtitle D of
the Solid Waste Disposal Act and where necessary passive gas
controls unless gas volumes and composition require active
collection.
``(4) Surface water controls.
``(5) Control of leachate where feasible and necessary
given the landfill's design and as required by its contact with
ground water.
``(6) Ground water monitoring as required by subtitle D of
the Solid Waste Disposal Act.
``(7) Where ground water has been impacted by the site,
assurance of no migration of contamination beyond the facility
boundary or, if appropriate, treatment at point of withdrawal.
``(8) Institutional controls to prevent future exposure to
waste, including, where appropriate and consistent with local
zoning authority, prohibitions on the use of private wells on
site or on adjacent properties; creation of buffer zones; use
of zoning to prevent future land uses which would disturb the
site's final cover. To the maximum extent feasible and as
authorized by the local land control authority, beneficial uses
consistent with maintenance of proper closure should be
employed (e.g., use as parkland, conservation district, active
waste management facility, limited access industrial activity,
roadway). Residential use is not permitted at sites employing
presumptive remedies.
``(9) Site security to prevent access inconsistent with
closure requirements.
``(10) A post-closure care plan that ensures the
maintenance and stability of containment and institutional
control measures for so long as each measure is necessary to
assure the integrity of the remedy.
If the President has reason to believe, based on site-specific risk
factors such as records of disposal of significant quantities of
hazardous waste, that the presumptive remedy will not protect human
health and the environment, he may require additional protections,
including but not limited to, removal of drums or other discrete,
accessible areas of high concentration waste where practicable.
``(c) Remediation Costs.--
``(1) Reimbursement from superfund.--The President shall
reimburse each State with an approved municipal waste landfill
remediation program for all costs incurred by the State for the
remediation, in accordance with subsection (b), of hazardous
substances, pollutants and contaminants at facilities listed on
the National Priorities List which are qualified municipal
waste landfills located in that State. The President shall use
funds in the Hazardous Substance Superfund, up to an amount not
exceeding $5,000,000,000, for purposes of providing such
reimbursement. Reimbursement shall be provided for costs
incurred with respect to facilities which have a higher ranking
on the Hazard Ranking System before reimbursement is provided
for costs incurred for facilities having a lower ranking on
such system. No reimbursement shall be provided under this
section for any transaction costs or other related costs.
``(2) Effective date.--Reimbursement under paragraph (1)
shall be provided for any remediation costs incurred after the
date of approval of a State program under this section if the
remediation is in accordance with such program.
``(3) Transition provisions.--(A) If remediation commenced
before approval of a program under this section and was not
completed before January 1, 1994, the President shall reimburse
each person who incurred costs for such remediation for such
costs if the President determines that the remediation is
consistent with, or provides at least equivalent protection for
public health and the environment as, the remediation specified
in subsection (b).
``(B) The Administrator may not reimburse any State or
other person for costs incurred for remediation which was
completed before January 1, 1994.
``(d) Liability Exemption.--
``(1) In general.--If a State has an approved remediation
program which covers qualified municipal waste landfills, no
person who is otherwise liable under this Act or under any
other Federal law with respect to any release or threatened
release of a hazardous substance or pollutant or contaminant
from any qualified such landfill shall be subject to liability
to any other person under this Act or any such other law for
injuries, costs, damages, expenses, or other liability
(including claims for indemnification or contribution and
claims by third parties for death, personal injury, illness or
loss of or damage to property or economic loss) that results
from such release or threatened release.
``(2) Exceptions.--(A) The exemption under this subsection
shall not apply in the case of any landfill at which the
remediation was completed before January 1, 1994.
``(B) The exemption under this subsection shall not apply
to any person who violated any Federal, State, or local law
relating to the generation, transporation, or disposal of any
solid waste which is present at the facility concerned. Any
such person shall be liable, in the same manner as provided in
section 107, to the State for any costs incurred by the State
pursuant to the State program under this section; and such
person shall be liable to the Administrator in the same manner
for any such costs for which the Administrator has reimbursed
the State under this section.
``(e) Definition of Municipal Waste Landfills.--For purposes of
this section, the term `qualified municipal waste landfill' means a
landfill listed on the National Priorities List as of the date of
enactment of this section which is designated by the Administrator as--
``(1) a site owned by a municipality or county, or
``(2) a privately-owned site which has a record of
receiving municipal waste.
The Administrator shall publish a list of such sites within 30 days
after the enactment of this section.''.
(2) The table of contents for title I of such Act is amended by
adding at the end the following new item:
``Sec. 127. Municipal waste landfills.''.
(b) Uses of Superfund.--Section 111(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611(a)) is amended by inserting after paragraph (6) the
following new paragraph:
``(7) Reimbursement of costs for remediation of municipal
waste landfills.--Payment of not to exceed $5,000,000,000 for
the costs of remediation of municipal waste landfills in
accordance with section 127.''. | Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize States to submit to the Administrator of the Environmental Protection Agency (EPA) for approval programs for the remediation of qualified municipal waste landfills. Defines a "qualified municipal waste landfill" as a landfill on the National Priorities List (NPL) which is owned by a municipality or a county or is a privately-owned site which has a record of receiving municipal waste. Makes CERCLA provisions inapplicable to releases or threatened releases at landfills covered under approved programs.
Directs the President to promulgate regulations governing response actions for State programs that provide for a presumptive remedy based on streamlined site characterization using EPA's Model Municipal Landfill Remedial Investigation and Feasibility Study Guidance and for closure of the site consistent with Subtitle D of the Solid Waste Disposal Act. Includes within such remedy: (1) waste consolidation where feasible if multiple discrete disposal sites can be more economically contained in one unit; (2) final cover; (3) landfill gas and surface water controls; (4) control of leachate where feasible; (5) groundwater monitoring or treatment under specified conditions; (6) controls to prevent future exposure to waste; (7) site security to prevent access; and (8) a post-closure care plan that ensures the integrity of the remedy. Authorizes additional protections as necessary to protect human health and the environment.
Provides for reimbursement from the Hazardous Substance Superfund for remediation expenses incurred by States with approved programs. Limits total reimbursement to $5 billion. Permits reimbursement for remediation commenced before approval of a program if activities were not completed before January 1, 1994, and the remediation provides protection equivalent to that specified by this Act. Exempts any person who is otherwise liable under CERCLA or other Federal law with respect to a release of a hazardous substance from liability if the State has an approved remediation program. Bars such exemption in cases where: (1) remediation was completed before January 1, 1994; or (2) a person violated any Federal, State, or local law relating to the generation, transportation, or disposal of solid waste which is present at the facility concerned. | {"src": "billsum_train", "title": "To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide for the clean up of municipal waste landfill Superfund sites, and for other purposes."} | 1,891 | 486 | 0.676637 | 2.283227 | 0.776086 | 4.338028 | 4.133803 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ROV In-Depth Examination Act''.
SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.
(a) No Mandatory Standards Regarding Performance or Configuration
of ROVs.--
(1) In general.--The Consumer Product Safety Commission
shall have no authority to establish any standards concerning
the performance or configuration of recreational off-highway
vehicles until after the completion of the study required by
subsection (b). This prohibition includes a prohibition on the
exercise of any authority pursuant to section 27(e) of the
Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV
manufacturers to provide performance and technical data to
prospective purchasers and to the first purchaser of an ROV for
purposes other than resale.
(2) Voluntary standards.--Nothing in this section shall be
construed as suggesting that ROVs shall not be manufactured in
compliance with applicable voluntary standards.
(b) Study.--
(1) In general.--The Commission shall contract with the
National Academy of Sciences to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by the
Commission in a notice of proposed rulemaking published
in the Federal Register November 19, 2014 (79 Fed. Reg.
68964), for purposes of reducing the risk of ROV
rollovers in the off-road environment, including the
repeatability and reproducibility of testing for
compliance with such requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a vehicle's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
Armed Forces if the proposed requirements were adopted.
(2) Consultation and deadline for report.--The National
Academy of Sciences shall consult with the National Highway
Traffic Safety Administration and the Department of Defense in
carrying out the study required by this subsection. The
National Academy of Sciences shall complete and transmit to the
Commission a report containing the findings of the study not
later than two years after the date of enactment of this Act.
(3) Report to congress.--Within five days of receiving the
report described in paragraph (2) from the National Academy of
Sciences, the Commission shall transmit the report, along with
any comments of the Commission, to the Committee on Energy and
Commerce of the House of Representatives and to the Committee
on Commerce, Science and Transportation of the Senate.
(4) Consideration.--The Commission shall consider the
results of the study in any subsequent rulemaking regarding the
performance or configuration of ROVs, or the provision of
point-of-sale information regarding ROV performance.
(c) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Recreational off-highway vehicle.--The term
``recreational off-highway vehicle'' or ``ROV'' means a
motorized off-highway vehicle designed to travel on four or
more tires, intended by the manufacturer for recreational use
by one or more persons and having the following
characteristics:
(A) A steering wheel for steering control.
(B) Foot controls for throttle and service brake.
(C) Non-straddle seating.
(D) Maximum speed capability greater than 30 miles
per hour.
(E) Gross vehicle weight rating no greater than
3,750 pounds.
(F) Less than 80 inches in overall width, exclusive
of accessories.
(G) Engine displacement equal to or less than 61
cubic inches for gasoline fueled engines.
(H) Identification by means of a 17-character
personal or vehicle information number.
(3) Exclusion.--Such term does not include a prototype of a
motorized, off-highway, all-terrain vehicle or other motorized,
off-highway, all-terrain vehicle that is intended exclusively
for research and development purposes unless the vehicle is
offered for sale. | ROV In-Depth Examination Act The Consumer Product Safety Commission shall have no authority to: (1) establish recreational off-highway vehicle (ROV) performance or configuration standards until the study required by this Act is completed, or (2) require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale. The Commission shall contract with the National Academy of Sciences to determine: the technical validity of the lateral stability and vehicle handling requirements proposed by the Commission for purposes of reducing the risk of ROV off-road rollovers, the number of ROV rollovers that would be prevented if the proposed requirements were adopted, whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle's rollover resistance on a progressive scale, and the effect on the utility of ROVs used by the Armed Forces if the proposed requirements were adopted. | {"src": "billsum_train", "title": "ROV In-Depth Examination Act"} | 908 | 213 | 0.787393 | 2.645829 | 0.994955 | 6.221622 | 4.475676 | 0.967568 |
SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b).
``(II) Indian area.--The term
`Indian area' has the meaning given the
term in section 4 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(III) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b).
``(ii) Authorization of program.--The
Secretary may use not more than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supportive housing
program, in conjunction with the Secretary of
Veterans Affairs, for the benefit of Indian
veterans who are homeless or at risk of
homelessness and who are residing on or near an
Indian area.
``(iii) Model.--The program described in
clause (ii) shall be modeled on the rental
assistance and supportive housing program
authorized under this section and applicable
appropriations Acts, including administration
in conjunction with the Secretary of Veterans
Affairs, except that the Secretary may make
necessary and appropriate modifications to
facilitate the use of the program by Indian
grant recipients to serve eligible Indian
veterans.
``(iv) Eligible recipients.--Amounts for
rental assistance and associated administrative
costs under clause (ii) shall be made available
to recipients eligible to receive grants under
section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4111).
``(v) Funding criteria.--Rental assistance
under clause (ii) shall be awarded based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under clause (ii) shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
program in serving eligible veterans.
``(vii) Consultation.--The Secretary, in
coordination with the Secretary of Veterans
Affairs, shall consult with recipients of
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the design
of the program to ensure the effective delivery
of rental assistance and supportive services to
persons eligible to receive assistance under
this subparagraph.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under this subparagraph if the
Secretary finds that the waiver or
alternative requirement is necessary
for the effective delivery and
administration of rental assistance
made available under this subparagraph
to Indian veterans.
``(II) Exception.--The Secretary
shall not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.''. | This bill amends the United States Housing Act of 1937 to authorize the Department of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Department of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Rental assistance shall be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other HUD funding criteria. | {"src": "billsum_train", "title": "A bill to provide for rental assistance for homeless or at-risk Indian veterans."} | 937 | 126 | 0.654574 | 1.72215 | 0.604762 | 3.491803 | 6.860656 | 0.885246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bus Utility and Safety in School
Transportation Opportunity and Purchasing Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) school transportation issues have concerned parents,
local educational agencies, lawmakers, the National Highway
Traffic Safety Administration, the National Transportation
Safety Board, and the Environmental Protection Agency for
years;
(2) millions of children face potential future health
problems because of exposure to noxious fumes emitted from
older school buses;
(3) the Environmental Protection Agency established the
Clean School Bus USA program to replace 129,000 of the oldest
diesel buses that cannot be retrofitted in an effort to help
children and the environment by improving air quality;
(4) unfortunately, many rural local educational agencies
are unable to participate in that program because of the
specialized fuels needed to sustain a clean bus fleet;
(5) many rural local educational agencies are operating
outdated, unsafe school buses that are failing inspection
because of automotive flaws, resulting in a depletion of school
bus fleets of the local educational agencies; and
(6) many rural local educational agencies are unable to
afford to buy newer, safer buses.
(b) Purpose.--The purpose of this Act is to establish within the
Environmental Protection Agency a Federal cost-sharing program to
assist rural local educational agencies with older, unsafe school bus
fleets in purchasing newer, safer school buses.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), with respect to which--
(A) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile;
(B) all schools served by the local educational
agency are designated with a school locale code of 7 or
8, as determined by the Secretary of Education; or
(C) all schools served by the local educational
agency have been designated, by official action taken
by the legislature of the State in which the local
educational agency is located, as rural schools for
purposes relating to the provision of educational
services to students in the State.
(3) School bus.--The term ``school bus'' means a vehicle
the primary purpose of which is to transport students to and
from school or school activities.
SEC. 4. GRANT PROGRAM.
(a) In General.--From amounts made available under subsection (e)
for a fiscal year, the Administrator shall provide grants, on a
competitive basis, to rural local educational agencies to pay the
Federal share of the cost of purchasing new school buses.
(b) Application.--
(1) In general.--Each rural local educational agency that
seeks to receive a grant under this Act shall submit to the
Administrator for approval an application at such time, in such
manner, and accompanied by such information (in addition to
information required under paragraph (2)) as the Administrator
may require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) documentation that, of the total number of
school buses operated by the rural local educational
agency, not less than 50 percent of the school buses
are in need of repair or replacement;
(B) documentation of the number of miles that each
school bus operated by the rural local educational
agency traveled in the most recent 9-month academic
year;
(C) documentation that the rural local educational
agency is operating with a reduced fleet of school
buses;
(D) a resolution from the rural local educational
agency that--
(i) authorizes the application of the rural
local educational agency for a grant under this
Act; and
(ii) describes the dedication of the rural
local educational agency to school bus
replacement programs and school transportation
needs (including the number of new school buses
needed by the rural local educational agency);
and
(E) an assurance that the rural local educational
agency will pay the non-Federal share of the cost of
the purchase of new school buses under this Act from
non-Federal sources.
(c) Priority.--
(1) In general.--In providing grants under this Act, the
Administrator shall give priority to rural local educational
agencies that, as determined by the Administrator--
(A) are transporting students in a bus manufactured
before 1977;
(B) have a grossly depleted fleet of school buses;
or
(C) serve a school that is required, under section
1116(b)(1)(E) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316(b)(1)(E)), to provide
transportation to students to enable the students to
transfer to another public school served by the rural
local educational agency.
(d) Payments; Federal Share.--
(1) Payments.--The Administrator shall pay to each rural
local educational agency having an application approved under
this section the Federal share described in paragraph (2) of
the cost of purchasing such number of new school buses as is
specified in the approved application.
(2) Federal share.--The Federal share of the cost of
purchasing a new school bus under this Act shall be 75 percent.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $50,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2010. | Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2004 - Directs the Administrator of the Environmental Protection Agency (EPA) to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the Federal share (75 percent) of costs of purchasing new school buses. Requires the Administrator in providing such grants to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school that is required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA. | {"src": "billsum_train", "title": "A bill to provide grants for use by rural local educational agencies in purchasing new school buses."} | 1,210 | 145 | 0.576564 | 1.575786 | 0.694163 | 4.610687 | 8.977099 | 0.931298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Reauthorization Act of 1997''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. AMENDMENTS TO DEFINITIONS.
(a) Sea Grant Institution.--Section 203 (33 U.S.C. 1122) is amended
by adding at the end the following new paragraph:
``(16) The term `sea grant institution' means--
``(A) any sea grant college or sea grant regional
consortium, and
``(B) any institution of higher education,
institute, laboratory, or State or local agency
conducting a sea grant program with amounts provided
under this Act.''.
(b) Field Related to Ocean, Coastal, and Great Lakes Resources.--
Section 203(4) (33 U.S.C. 1122(4)) is amended to read as follows:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including
marine affairs, resource management, technology, education, or
science, which is concerned with or likely to improve the
understanding, assessment, development, utilization, or
conservation of ocean, coastal, and Great Lakes resources.''.
(c) Secretary.--
(1) In general.--Section 203(13) (33 U.S.C. 1122(13)) is
amended to read as follows:
``(13) The term `Secretary' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.''.
(2) Conforming amendments.--The Act is amended--
(A) by striking section 203(15) (33 U.S.C.
1122(15));
(B) in section 209(b) (33 U.S.C. 1128(b)), as
amended by this Act, by striking ``, the Under
Secretary,''; and
(C) by striking ``Under Secretary'' every other
place it appears and inserting ``Secretary''.
SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLANNING GUIDELINES AND
PRIORITIES AND EVALUATION.
Section 204(a) (33 U.S.C. 1123(a)) is amended in the last sentence
by inserting after ``The Secretary'' the following: ``, in consultation
with the sea grant institutions and the panel established under section
209,''.
SEC. 5. DUTIES OF DIRECTOR.
Section 204(c) (33 U.S.C. 1123(c)) is amended to read as follows:
``(c) Duties of Director.--
``(1) In general.--The Director shall administer the
National Sea Grant College Program subject to the supervision
of the Secretary. In addition to any other duty prescribed by
law or assigned by the Secretary, the Director shall--
``(A) advise the Secretary with respect to the
expertise and capabilities which are available within
or through the National Sea Grant College Program, and
provide (as directed by the Secretary) those which are
or could be of use to other offices and activities
within the Administration;
``(B) encourage other Federal departments,
agencies, and instrumentalities to use and take
advantage of the expertise and capabilities which are
available through the National Sea Grant College
Program, on a cooperative or other basis;
``(C) encourage cooperation and coordination with
other Federal programs concerned with ocean, coastal,
and Great Lakes resources conservation and usage;
``(D) advise the Secretary on the designation of
sea grant institutions and, in appropriate cases, if
any, on the termination or suspension of any such
designation;
``(E) encourage the formation and growth of sea
grant programs; and
``(F) oversee the operation of the National Sea
Grant Office established under subsection (a).
``(2) Duties with respect to sea grant institutions.--With
respect to the sea grant institutions, the Director shall--
``(A) evaluate the programs of the institutions,
using the guidelines and priorities established by the
Secretary under subsection (a), to ensure that the
objective set forth in section 202(b) is achieved;
``(B) subject to the availability of
appropriations, allocate funding among the sea grant
institutions so as to--
``(i) promote healthy competition among
those institutions,
``(ii) promote successful implementation of
the programs developed by the institutions
under subsection (e), and
``(iii) to the maximum extent consistent
with the other provisions of this subparagraph,
provide a stable base of funding for the
institutions; and
``(C) ensure compliance by the institutions with
the guidelines for merit review published pursuant to
section 207(b)(2).''.
SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.
Section 204 (33 U.S.C. 1123) is amended by adding at the end the
following new subsection:
``(e) Duties of the Sea Grant Institutions.--Subject to any
regulations or guidelines promulgated by the Secretary, it shall be the
responsibility of each sea grant institution to--
``(1) develop and implement, in consultation with the
Secretary and the panel established under section 209, a
program that is consistent with the guidelines and priorities
developed under section 204(a); and
``(2) conduct merit review of all applications for project
grants or contracts to be awarded under section 205.''.
SEC. 7. SEA GRANT INTERNATIONAL PROGRAM.
(a) Amendment.--Section 3(a) of the Sea Grant Program Improvement
Act of 1976 (33 U.S.C. 1124a(a)) is amended in paragraph (6), by
striking ``living marine resources'' and all that follows through the
end of the paragraph and inserting ``living marine resources.''.
(b) Program Sunset.--
(1) Repeal.--Section 3 of the Sea Grant Program Improvement
Act of 1976 (33 U.S.C. 1124a) is repealed.
(2) Conforming amendment.--Section 209(b)(1) (33 U.S.C.
1128(b)(1)) is amended by striking ``and section 3 of the Sea
Grant Program Improvement Act of 1976''.
(3) Effective date.--This subsection shall take effect
October 1, 2000.
SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.
``(a) Designation.--The Secretary may designate an institution of
higher learning as a sea grant college, and an association or alliance
of two or more persons as a sea grant regional consortium, if the
institution, association, or alliance--
``(1) is maintaining a balanced program of research,
education, training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources;
``(2) will cooperate with other sea grant institutions and
other persons to solve problems or meet needs relating to
ocean, coastal, and Great Lakes resources;
``(3) will act in accordance with such guidelines as are
prescribed under subsection (b)(2);
``(4) meets such other qualifications as the Secretary, in
consultation with the sea grant review panel established under
section 209, considers necessary or appropriate; and
``(5) is recognized for excellence in marine resources
development and science.
``(b) Regulations and Guidelines.--
``(1) In general.--The Secretary shall by regulation
prescribe the qualifications required to be met under
subsection (a)(4).
``(2) Merit review.--Within 6 months after the date of
enactment of the National Sea Grant College Program
Reauthorization Act of 1997, the Secretary, after consultation
with the sea grant institutions, shall establish guidelines for
the conduct of merit review by the sea grant institutions of
project proposals for grants and contracts to be awarded under
section 205. The guidelines shall, at a minimum, provide for
peer review of all research projects and require standardized
documentation of all peer review.
``(c) Suspension or Termination of Designation.--The Secretary may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).''.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C.
1131(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated
to carry out this Act--
``(A) $55,300,000 for fiscal year 1998;
``(B) $56,400,000 for fiscal year 1999; and
``(C) $57,500,000 for fiscal year 2000.
``(2) Zebra mussel and oyster research.--Of the amount
authorized for a fiscal year under paragraph (1)--
``(A) up to $2,800,000 of the amount may be made
available as provided in section 1301(b)(4)(A) of the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4741(b)(4)(A)) for competitive
grants for university research on the zebra mussel; and
``(B) up to $3,000,000 of the amount may be made
available for competitive grants for university
research on oyster diseases and oyster-related human
health risks.''.
(b) Administration.--Section 212(b) (33 U.S.C. 1131(b)) is
amended--
(1) by striking so much as precedes paragraph (2) and
inserting the following:
``(b) Administration.--
``(1) Limitation.--Of the amount appropriated for each
fiscal year under subsection (a), an amount, not exceeding 5
percent of the lesser of the amount authorized under subsection
(a) for the fiscal year or the amount appropriated under
subsection (a) for the fiscal year, may be used for the
administration of this Act, including section 209, by the
National Sea Grant Office and the Administration.'';
(2) in paragraph (2)--
(A) by striking ``subsections (a) and (c)'' and
inserting ``subsection (a)''; and
(B) by striking ``(2)'' and inserting ``(2)
Limitation on use of other amounts.--''; and
(3) by moving paragraph (2) 2 ems to the right, so that the
left margin of paragraph (2) is aligned with the left margin of
paragraph (1), as amended by paragraph (1) of this subsection.
(c) Repeal.--Section 212 (33 U.S.C. 1131) is amended by repealing
subsection (c) and redesignating subsections (d) and (e) in order as
subsections (c) and (d).
(d) Prohibition on Lobbying; Notice of Reprogramming or
Reorganization.--Section 212 (33 U.S.C. 1131), as amended by subsection
(c) of this section, is further amended by adding at the end the
following:
``(e) Prohibition of Lobbying Activities.--None of the funds
authorized by this section shall be available for any activity whose
purpose is to influence legislation pending before the Congress, except
that this subsection shall not prevent officers or employees of the
United States or of its departments or agencies from communicating to
Members of Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business.
``(f) Notice of Reprogramming.--If any funds authorized by this
section are subject to a reprogramming action that requires notice to
be provided to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committees on Science and Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(g) Notice of Reorganization.--The Secretary shall provide notice
to the Committees on Science, Resources, and Appropriations of the
House of Representatives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later than 15 days
before any major reorganization of any program, project, or activity of
the National Sea Grant College Program.''.
SEC. 10. CLERICAL, CONFORMING, AND TECHNICAL AMENDMENTS.
(a) Clerical Amendments.--
(1) Section 203(3) (33 U.S.C. 1122(3)) is amended by
striking ``the term'' and inserting ``The term''.
(2) Section 203(6) (33 U.S.C. 1122(6)) is amended by moving
subparagraph (F) 2 ems to the right, so that the left margin of
subparagraph (F) is aligned with the left margin of
subparagraph (E).
(3) The heading for section 204 (33 U.S.C. 1124) is amended
to read as follows:
``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.''.
(4) Section 209 (33 U.S.C. 1128) is amended by striking all
of the matter that follows the first full sentence through
``shall advise'', and inserting ``(b) Duties.--The panel shall
advise''.
(5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is amended by
striking ``or section 206''.
(6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is amended--
(A) by striking ``five positions'' and inserting
``one position''; and
(B) by striking ``the maximum rate for GS-18 of the
General Schedule under section 5332'' and inserting ``a
rate established by the Secretary, not to exceed the
maximum daily rate payable under section 5376''.
(b) Conforming Amendments.--
(1) Section 204(b)(2) (33 U.S.C. 1123(b)(2)) is amended by
striking ``maximum rate for GS-18'' and all that follows
through the end of the sentence and inserting ``maximum rate
payable under section 5376 of title 5, United States Code.''.
(2) Section 209 (33 U.S.C. 1128) is amended--
(A) in subsection (b)(3) by striking ``colleges and
sea grant regional consortia'' and inserting
``institutions''; and
(B) in subsection (c)(1) in the last sentence in
clause (A) by striking ``college, sea grant regional
consortium,'' and inserting ``institution''.
(c) Technical Amendment.--Section 209(c)(5)(A) (33 U.S.C.
1128(c)(5)(A)) is amended by striking ``the daily rate for GS-18 of the
General Schedule under section 5332 of title 5, United States Code''
and inserting ``a rate established by the Secretary, not to exceed the
maximum daily rate payable under section 5376 of title 5, United States
Code''.
SEC. 11. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds appropriated
pursuant to section 212(a), as amended by this Act, may be expended by
an entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
(b) Sense of Congress.--In the case of any equipment or products
that may be authorized to be purchased with financial assistance
provided under section 212(a), as amended by this Act, it is the sense
of Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(c) Notice to Recipients of Assistance.--In providing financial
assistance under section 212(a), as amended by this Act, the Secretary
of Commerce shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the Congress.
Passed the House of Representatives June 18, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
By Ray Strong,
Assistant to the Clerk. | National Sea Grant College Program Reauthorization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Changes the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Revises sea grant international program provisions relating to regional collaboration to remove all references to named regions. Revises requirements for designating sea grant colleges and consortia and authorizes, for cause and after an opportunity for hearing, designation suspension or termination. Authorizes appropriations to carry out the Act. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds authorized or appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Mandates notice to specified congressional committees of any reprogramming of funds authorized by this Act and of any major reorganization. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel. Prohibits any entity from expending funds appropriated under this Act unless the entity agrees to comply with a specified Federal law popularly known as the Buy American Act. Declares that it is the sense of the Congress that, in expending assistance under the National Sea Grant College Program Act, entities receiving the assistance should purchase only American-made equipment and products. | {"src": "billsum_train", "title": "National Sea Grant College Program Reauthorization Act of 1997"} | 3,832 | 341 | 0.513487 | 1.65059 | 0.774172 | 2.560714 | 11.782143 | 0.832143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right Rebate Act of 2018''.
SEC. 2. PREVENTING THE MISCLASSIFICATION OF DRUGS UNDER THE MEDICAID
DRUG REBATE PROGRAM.
(a) Application of Civil Money Penalty for Misclassification of
Covered Outpatient Drugs.--
(1) In general.--Section 1927(b)(3) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)) is amended--
(A) in the paragraph heading, by inserting ``and
drug product'' after ``price'';
(B) in subparagraph (A)--
(i) in clause (ii), by striking ``; and''
at the end and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting a semicolon;
(iii) in clause (iv), by striking the
semicolon at the end and inserting ``; and'';
and
(iv) by inserting after clause (iv) the
following new clause:
``(v) not later than 30 days after the last
day of each month of a rebate period under the
agreement, such drug product information as the
Secretary shall require for each of the
manufacturer's covered outpatient drugs.''; and
(C) in subparagraph (C)--
(i) in clause (ii), by inserting
``including information related to drug
pricing, drug product information, and data
related to drug pricing or drug product
information,'' after ``provides false
information,''; and
(ii) by adding at the end the following new
clauses:
``(iii) Misclassified or misreported
information.--
``(I) In general.--Any manufacturer
with an agreement under this section
that knowingly (as defined in section
1003.110 of title 42, Code of Federal
Regulations (or any successor
regulation)) misclassifies a covered
outpatient drug, such as by knowingly
submitting incorrect drug category
information, is subject to a civil
money penalty for each covered
outpatient drug that is misclassified
in an amount not to exceed 2 times the
amount of the difference, as determined
by the Secretary, between--
``(aa) the total amount of
rebates that the manufacturer
paid with respect to the drug
to all States for all rebate
periods during which the drug
was misclassified; and
``(bb) the total amount of
rebates that the manufacturer
would have been required to
pay, as determined by the
Secretary, with respect to the
drug to all States for all
rebate periods during which the
drug was misclassified if the
drug had been correctly
classified.
``(II) Other penalties and recovery
of underpaid rebates.--The civil money
penalties described in subclause (I)
are in addition to other penalties as
may be prescribed by law and any other
recovery of the underlying underpayment
for rebates due under this section or
the terms of the rebate agreement as
determined by the Secretary.
``(iv) Increasing oversight and
enforcement.--Each year the Secretary shall
retain, in addition to any amount retained by
the Secretary to recoup investigation and
litigation costs related to the enforcement of
the civil money penalties under this
subparagraph and subsection (c)(4)(B)(ii)(III),
an amount equal to 25 percent of the total
amount of civil money penalties collected under
this subparagraph and subsection
(c)(4)(B)(ii)(III) for the year, and such
retained amount shall be available to the
Secretary, without further appropriation and
until expended, for activities related to the
oversight and enforcement of this section and
agreements under this section, including--
``(I) improving drug data reporting
systems;
``(II) evaluating and ensuring
manufacturer compliance with rebate
obligations; and
``(III) oversight and enforcement
related to ensuring that manufacturers
accurately and fully report drug
information, including data related to
drug classification.''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking ``;
and'' and inserting a semicolon;
(II) in clause (v), by striking the
period and inserting ``; and''; and
(III) by inserting after clause (v)
the following new clause:
``(vi) in the case of categories of drug
product or classification information that were
not considered confidential by the Secretary on
the day before the date of the enactment of the
Right Rebate Act of 2018.''.
(2) Technical amendments.--
(A) Section 1903(i)(10) of the Social Security Act
(42 U.S.C. 1396b(i)(10)) is amended--
(i) in subparagraph (C)--
(I) by adjusting the left margin so
as to align with the left margin of
subparagraph (B); and
(II) by striking ``, and'' and
inserting a semicolon;
(ii) in subparagraph (D), by striking ``;
or'' and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) with respect to any amount expended for a
covered outpatient drug for which a suspension under
section 1927(c)(4)(B)(ii)(II) is in effect; or''.
(B) Section 1927(b)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is
amended by striking ``subsections (a) and (b)'' and
inserting ``subsections (a), (b), (f)(3), and (f)(4)''.
(b) Recovery of Unpaid Rebate Amounts Due to Misclassification of
Covered Outpatient Drugs.--
(1) In general.--Section 1927(c) of the Social Security Act
(42 U.S.C. 1396r-8(c)) is amended by adding at the end the
following new paragraph:
``(4) Recovery of unpaid rebate amounts due to
misclassification of covered outpatient drugs.--
``(A) In general.--If the Secretary determines that
a manufacturer with an agreement under this section
paid a lower per-unit rebate amount to a State for a
rebate period as a result of the misclassification by
the manufacturer of a covered outpatient drug (without
regard to whether the manufacturer knowingly made the
misclassification or should have known that the
misclassification would be made) than the per-unit
rebate amount that the manufacturer would have paid to
the State if the drug had been correctly classified,
the manufacturer shall pay to the State an amount equal
to the product of--
``(i) the difference between--
``(I) the per-unit rebate amount
paid to the State for the period; and
``(II) the per-unit rebate amount
that the manufacturer would have paid
to the State for the period, as
determined by the Secretary, if the
drug had been correctly classified; and
``(ii) the total units of the drug paid for
under the State plan in the period.
``(B) Authority to correct misclassifications.--
``(i) In general.--If the Secretary
determines that a manufacturer with an
agreement under this section has misclassified
a covered outpatient drug (without regard to
whether the manufacturer knowingly made the
misclassification or should have known that the
misclassification would be made), the Secretary
shall notify the manufacturer of the
misclassification and require the manufacturer
to correct the misclassification in a timely
manner.
``(ii) Enforcement.--If, after receiving
notice of a misclassification from the
Secretary under clause (i), a manufacturer
fails to correct the misclassification by such
time as the Secretary shall require, until the
manufacturer makes such correction, the
Secretary may--
``(I) correct the misclassification
on behalf of the manufacturer;
``(II) suspend the misclassified
drug and the drug's status as a covered
outpatient drug under the
manufacturer's national rebate
agreement; or
``(III) impose a civil money
penalty (which shall be in addition to
any other recovery or penalty which may
be available under this section or any
other provision of law) for each rebate
period during which the drug is
misclassified not to exceed an amount
equal to the product of--
``(aa) the total number of
units of each dosage form and
strength of such misclassified
drug paid for under any State
plan during such a rebate
period; and
``(bb) 23.1 percent of the
average manufacturer price for
the dosage form and strength of
such misclassified drug.
``(C) Reporting and transparency.--
``(i) In general.--The Secretary shall
submit a report to Congress on at least an
annual basis that includes information on the
covered outpatient drugs that have been
identified as misclassified, the steps taken to
reclassify such drugs, the actions the
Secretary has taken to ensure the payment of
any rebate amounts which were unpaid as a
result of such misclassification, and a
disclosure of expenditures from the fund
created in subsection (b)(3)(C)(iv), including
an accounting of how such funds have been
allocated and spent in accordance with such
subsection.
``(ii) Public access.--The Secretary shall
make the information contained in the report
required under clause (i) available to the
public on a timely basis.
``(D) Other penalties and actions.--Actions taken
and penalties imposed under this clause shall be in
addition to other remedies available to the Secretary
including terminating the manufacturer's rebate
agreement for noncompliance with the terms of such
agreement and shall not exempt a manufacturer from, or
preclude the Secretary from pursuing, any civil money
penalty under this title or title XI, or any other
penalty or action as may be prescribed by law.''.
(2) Offset of recovered amounts against medical
assistance.--Section 1927(b)(1)(B) of the Social Security Act
(42 U.S.C. 1396r-8(b)(1)(B)) is amended by inserting ``,
including amounts received by a State under subsection
(c)(4),'' after ``in any quarter''.
(c) Clarifying Definitions.--Section 1927(k)(7)(A) of the Social
Security Act (42 U.S.C. 1396r-8(k)(7)(A)) is amended--
(1) by striking ``an original new drug application'' and
inserting ``a new drug application'' each place it appears;
(2) in clause (i), by inserting ``but including a drug
product approved for marketing as a non-prescription drug that
is regarded as a covered outpatient drug under paragraph (4)''
after ``drug described in paragraph (5)'';
(3) in clause (ii), by striking ``was originally marketed''
and inserting ``is marketed''; and
(4) in clause (iv)--
(A) by inserting ``, including a drug product
approved for marketing as a non-prescription drug that
is regarded as a covered outpatient drug under
paragraph (4),'' after ``covered outpatient drug''; and
(B) by adding at the end the following new
sentence: ``Such term also includes a covered
outpatient drug that is a biological product licensed,
produced, or distributed under a biologics license
application approved by the Food and Drug
Administration.''
(d) Exclusion of Manufacturers for Knowing Misclassification of
Covered Outpatient Drugs.--Section 1128(b) of the Social Security Act
(42 U.S.C. 1320a-7(b)) is amended by adding at the end the following
new paragraph:
``(17) Knowingly misclassifying covered outpatient drugs.--
Any manufacturer or officer, director, agent, or managing
employee of such manufacturer that knowingly misclassifies a
covered outpatient drug under an agreement under section 1927,
knowingly fails to correct such misclassification, or knowingly
provides false information related to drug pricing, drug
product information, or data related to drug pricing or drug
product information.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply to
covered outpatient drugs supplied by manufacturers under agreements
under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or
after such date. | Right Rebate Act of 2018 This bill requires drug manufacturers with Medicaid rebate agreements for covered outpatient drugs to disclose drug product information. Manufacturers are subject to civil penalties for knowingly misclassifying drugs. Manufacturers are also required to compensate for rebates that were initially underpaid as a result of misclassification (whether or not such misclassification was committed knowingly). | {"src": "billsum_train", "title": "Right Rebate Act of 2018"} | 2,859 | 78 | 0.554736 | 1.364651 | 0.935153 | 1.825397 | 39.52381 | 0.904762 |
SECTION 1. ELECTION OF POOLING METHOD OF DETERMINING FOREIGN TAX CREDIT
IN CERTAIN CASES.
(a) In General.--Section 902(c) of the Internal Revenue Code of
1986 is amended by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Special rule where domestic corporation acquires 80
percent of foreign corporation before december 31, 1986.--
``(A) In general.--For purposes of applying
subsection (a), if a domestic corporation elects the
application of this paragraph in accordance with
subparagraph (B) and if the ownership requirement of
subparagraph (C) is met with respect to any foreign
corporation, the post-1986 undistributed earnings and
the post-1986 foreign income taxes of such foreign
corporation shall be determined by taking into account
the amount of earnings and profits of the foreign
corporation (computed in accordance with sections
964(a) and 986) accumulated in, and the amount of
foreign income taxes of such foreign corporation paid
with respect to, all periods beginning on and after the
1st day of the 1st taxable year in which such ownership
requirement is met.
``(B) Irrevocable election.--A domestic corporation
shall make the election allowed under this paragraph in
such manner as the Secretary shall prescribe. Such
election--
``(i) shall be made on or before the due
date (including extensions) for filing the
return of tax for the taxable year for which
the election is being made,
``(ii) shall apply to each foreign
corporation with respect to which the domestic
corporation may apply the rules of section
902(a), and
``(iii) once made, shall be irrevocable for
all subsequent taxable years.
``(C) Ownership requirement.--The ownership
requirement of this subparagraph is met with respect to
any foreign corporation if the domestic corporation
owns within the meaning of section 958(a), or is
considered as owning by applying the rules of ownership
of section 958(b), 80 percent or more of the total
combined voting power of all classes of stock entitled
to vote of such foreign corporation.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply with respect to taxable years beginning after December
31, 1986.
(2) Time for filing election when return filed.--For any
taxable year beginning after December 31, 1986, with respect to
which a domestic corporation has filed a return of income tax
imposed under chapter 1 of the Internal Revenue Code of 1986
prior to the date of enactment of this Act, a domestic
corporation may make the election allowed under section
902(c)(7) of the Internal Revenue Code of 1986 within 120 days
of the date of enactment of this Act, but only if for such
taxable year any one or more of the following conditions
exists:
(A) The period of limitations for assessment and
collection, as defined in section 6501(a) of such Code,
has not expired.
(B) If the limitations period described in
paragraph (1) has been extended by agreement between
the Secretary and the taxpayer pursuant to section
6501(c)(4) of such Code, such extended period has not
expired.
(C) The period of limitations for filing a claim
for refund pursuant to section 6511(a) of such Code has
not expired.
(D) The proper amount of tax due for the taxable
year is the subject of a petition to the Tax Court
pursuant to section 6213 of such Code and a decision of
the Tax Court on the merits of the petition, if any,
has not yet become final.
(E) The proper amount of tax due for the taxable
year is the subject of a civil action for refund before
a Federal district pursuant to section 1346(a) of title
28, United States Code, or before the Federal Court of
Claims pursuant to section 1491(a)(1) of such title,
and a decision on the merits of the refund action, if
any, has not yet become final. | Amends the Internal Revenue Code to allow a domestic corporation to make an irrevocable election to determine the post-1986 undistributed earnings and the post-1986 foreign income taxes of a foreign corporation (if the domestic corporation owns 80 percent or more of the foreign corporation's stock) by taking into account the earnings and profits of the foreign corporation accumulated in, and the amount of foreign income taxes paid with respect to, all periods beginning on and after the first day that percentage of stock is so owned. Regulates the time for making the election. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a corporation to elect the pooling method of determining foreign tax credits in certain cases, and for other purposes."} | 904 | 119 | 0.63188 | 1.785125 | 0.590061 | 4.039604 | 8.158416 | 0.871287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Program Improvements Act
of 1994''.
TITLE I_REPORTING AND STAGGERED ISSUANCE FOR HOUSEHOLDS ON RESERVATIONS
SEC. 101. BUDGETING AND MONTHLY REPORTING ON RESERVATIONS.
(a) In General._Section 6(c)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2015(c)(1)) is amended_
(1) in subparagraph (A)_
(A) by striking clause (ii); and
(B) by redesignating clauses (iii) and (iv) as clauses (ii)
and (iii), respectively; and
(2) by adding at the end the following new subparagraph:
``(C) A State agency may require periodic reporting on a monthly
basis by households residing on a reservation only if_
``(i) the State agency reinstates benefits, without
requiring a new application, for any household residing on a
reservation that submits a report not later than 1 month after
the end of the month in which benefits would otherwise be
provided;
``(ii) the State agency does not delay, reduce, suspend, or
terminate the allotment of a household that submits a report not
later than 1 month after the end of the month in which the
report is due;
``(iii) on the date of enactment of this subparagraph, the
State agency requires households residing on a reservation to
file periodic reports on a monthly basis; and
``(iv) the certification period for households residing on a
reservation that are required to file periodic reports on a
monthly basis is 2 years, unless the State demonstrates just
cause to the Secretary for a shorter certification period.''.
(b) Conforming Amendments._
(1) The second sentence of section 3(c) of such Act (7 U.S.C.
2012(c)) is amended by striking ``For'' and inserting ``Except as
provided in section 6(c)(1)(C), for''.
(2) Section 5(f)(2)(C) of such Act (7 U.S.C. 2014(f)(2)(C)) is
amended by striking ``clauses (i), (ii), (iii), and (iv)'' and
inserting ``clauses (i), (ii), and (iii)''.
SEC. 102. STAGGERED ISSUANCES ON RESERVATIONS.
Section 7(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2016(h)(1))
is amended by striking the second sentence and inserting the following
new sentence: ``Upon the request of the tribal organization that
exercises governmental jurisdiction over the reservation, the State
agency shall stagger the issuance of benefits for eligible households
located on reservations for at least 15 days of a month.''.
SEC. 103. GAO STUDY AND REPORT ON ADMINISTRATION OF FOOD STAMP
PROGRAM BY TRIBAL ORGANIZATIONS.
(a) Study._The Comptroller General of the United States shall
conduct a study of the feasibility and desirability of_
(1) increasing the opportunity for a tribal organization of an
Indian tribe to administer the food stamp program established under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) in connection
with members of the tribe by_
(A) modifying the requirements established under sections
3(n)(2) and 11(d) of such Act (7 U.S.C. 2012(n)(2) and 2020(d));
(B) modifying or eliminating the cost-sharing requirements
established for the tribal organization under section 16(a) of
such Act (7 U.S.C. 2025); and
(C) taking such other actions as the Comptroller General
considers appropriate; and
(2) permitting the tribal organization to establish reasonable
and appropriate requirements with respect to issuance, reporting,
and certification requirements under the food stamp program for
members of the tribe.
(b) Report._Not later than December 1, 1994, the Comptroller General
shall report the results of the study required under subsection (a) to
the Committee on Agriculture, and the Subcommittee on Native American
Affairs of the Committee on Natural Resources, of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry, and the Committee on Indian Affairs, of the Senate, so that
the results of the study may be considered by the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate during the
reauthorization of the food stamp program during 1995.
SEC. 104. CONFORMING AMENDMENTS.
(a) Section 908 of the Food, Agriculture, Conservation, and Trade
Act Amendments of 1991 (Public Law 102-237; 7 U.S.C. 2015 note) is
repealed.
(b) Section 6(c)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2015(c)(4)) is amended by striking ``Any'' and inserting ``Except as
provided in paragraph (1)(C), any''.
TITLE II_ACCESS TO RETAIL FOOD STORES BY FOOD STAMP HOUSEHOLDS
SEC. 201. FOOD STAMP ACT DEFINITIONS.
Section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012) is amended_
(1) in subsection (k)_
(A) by striking ``means (1) an establishment'' and all that
follows through ``spices, (2) an establishment'' and inserting
the following: ``means_
``(1) an establishment or house-to-house trade route that sells
food for home preparation and consumption and_
``(A) offers for sale, on a continuous basis, a variety of
foods in each of the 4 categories of staple foods specified in
subsection (u)(1), including perishable foods in at least 2 of
the categories; or
``(B) has over 50 percent of the total sales of the
establishment or route in staple foods,
as determined by visual inspection, sales records, purchase records,
counting of stockkeeping units, or other inventory or accounting
recordkeeping methods that are customary or reasonable in the retail
food industry;
``(2) an establishment'';
(B) by striking ``section, (3) a store'' and inserting the
following: ``section;
``(3) a store''; and
(C) by striking ``section, and (4) any private'' and
inserting the following: ``section; and
``(4) any private''; and
(2) by adding at the end the following new subsection:
``(u)(1) Except as provided in paragraph (2), `staple foods' means
foods (as defined in subsection (g)) in the following categories:
``(A) Meat, poultry, or fish.
``(B) Bread or cereals.
``(C) Vegetables or fruits.
``(D) Dairy products.
``(2) `Staple foods' do not include accessory food items, such as
coffee, tea, cocoa, carbonated and uncarbonated drinks, candy,
condiments, and spices.''.
SEC. 202. PERIODIC NOTICE.
Paragraph (2) of section 9(a) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)(2)) is amended to read as follows:
``(2) The Secretary shall issue regulations providing for_
``(A) the periodic reauthorization of retail food stores and
wholesale food concerns; and
``(B) periodic notice to participating retail food stores and
wholesale food concerns of the definitions of `retail food store',
`staple foods', `eligible foods', and `perishable foods'.''.
SEC. 203. USE AND DISCLOSURE OF INFORMATION PROVIDED BY RETAIL FOOD
STORES AND WHOLESALE FOOD CONCERNS.
Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is
amended_
(1) in the second sentence, by inserting after ``disclosed to
and used by'' the following: ``Federal law enforcement and
investigative agencies and law enforcement and investigative
agencies of a State government for the purposes of administering or
enforcing this Act or any other Federal or State law and the
regulations issued under this Act or such law, and'';
(2) by inserting after the second sentence the following new
sentence: ``Any person who publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by Federal law
(including a regulation) any information obtained under this
subsection shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both.''; and
(3) in the last sentence, by striking ``Such purposes shall not
exclude'' and inserting the following: ``The regulations shall
establish the criteria to be used by the Secretary to determine
whether the information is needed. The regulations shall not
prohibit''.
SEC. 204. DEMONSTRATION PROJECTS TESTING ACTIVITIES DIRECTED AT
TRAFFICKING IN COUPONS.
Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended
by adding at the end the following new subsection:
``(l) The Secretary shall use up to $4,000,000 of the funds provided
in advance in appropriations Acts for projects authorized by this
section to conduct demonstration projects in which State or local food
stamp agencies test innovative ideas for working with State or local law
enforcement agencies to investigate and prosecute coupon trafficking.''.
SEC. 205. CONTINUING ELIGIBILITY.
An establishment or house-to-house trade route that is otherwise
authorized to accept and redeem coupons under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.) on the day before the date of enactment of this
Act shall be considered to meet the definition of ``retail food store''
in section 3(k) of such Act (7 U.S.C. 2012(k)) (as amended by section
201) until the earlier of_
(1) the periodic reauthorization of the establishment or route;
or
(2) such time as the eligibility of the establishment or route
for continued participation in the food stamp program is evaluated
for any reason.
SEC. 206. REPORT ON IMPACT ON RETAIL FOOD STORES.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Agriculture shall prepare and submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
impact of the amendments made by sections 201 and 202 on the involvement
of retail food stores in the food stamp program established under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including a description
of_
(1) the numbers and types of stores that were newly authorized
to participate in the food stamp program after implementation of the
amendments;
(2) the numbers and types of stores that were withdrawn from the
food stamp program after implementation of the amendments;
(3) the procedures used by the Secretary, and the adequacy of
the procedures used, to determine the eligibility of stores to
participate in the food stamp program and to authorize and
reauthorize the stores to participate in the food stamp program;
(4) the adequacy of the guidance provided by the Secretary to
retail food stores concerning_
(A) the definitions of ``retail food store'', ``staple
foods'', ``eligible foods'', and ``perishable foods'' for
purposes of the food stamp program; and
(B) eligibility criteria for stores to participate in the
food stamp program; and
(5) an assessment of whether the amendment to the definition of
``retail food store'' under section 3(k) of such Act (as amended by
section 201(1)) has had an adverse effect on the integrity of the
food stamp program.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Reporting and Staggered Issuance for Households
on Reservations
Title II: Access to Retail Food Stores by Food Stamp
Households
Food Stamp Program Improvements Act of 1994 -
Title I: Reporting and Staggered Issuance for Households on Reservations
- Amends the Food Stamp Act of 1977 to: (1) permit a State to require periodic reporting by migrant or seasonal farmworker households; and (2) set forth conditions under which a State may require such reporting for reservation households.
Provides for staggered food stamp issuances on reservations.
Requires a General Accounting Office study and report on tribal organization administration of the food stamp program.
Title II: Access to Retail Food Stores by Food Stamp Households
- Amends the Food Stamp Act of 1977 to: (1) redefine "retail food store"; and (2) define "staple foods."
Expands the use and disclosure of information provided by retail and wholesale food concerns to include Federal and State law enforcement and investigative agencies.
Requires demonstration projects to test innovative activities directed at coupon trafficking.
Continues program eligibility for establishments or house-to-house trade routes currently authorized to accept food stamps.
Requires a report on the impact of this Act on retail store program participation. | {"src": "billsum_train", "title": "Food Stamp Program Improvements Act of 1994"} | 2,757 | 294 | 0.534477 | 1.575768 | 0.686458 | 2.791339 | 9.570866 | 0.846457 |
SECTION 1. PROTECTION FOR FASHION DESIGN.
(a) Designs Protected.--Section 1301 of title 17, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fashion design.--A fashion design is subject to
protection under this chapter.''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``or an article
of apparel,'' after ``plug or mold,''; and
(B) by adding at the end the following new
paragraphs:
``(7) A `fashion design' is the appearance as a whole of an
article of apparel, including its ornamentation.
``(8) The term `design' includes fashion design, except to
the extent expressly limited to the design of a vessel.
``(9) The term `apparel' means--
``(A) an article of men's, women's, or children's
clothing, including undergarments, outerwear, gloves,
footwear, and headgear;
``(B) handbags, purses, and tote bags;
``(C) belts; and
``(D) eyeglass frames.''.
(b) Designs not Subject to Protection.--Section 1302 of title 17,
United States Code, is amended in paragraph (5)--
(1) by striking ``(5)'' and inserting ``(5)(A) in the case
of a design of a vessel hull,'';
(2) by striking the period and inserting ``; or''; and
(3) by adding at the end the following:
``(B) in the case of a fashion design, embodied in a useful
article that was made public by the designer or owner in the
United States or a foreign country more than 3 months before
the date of the application for registration under this
chapter.''.
(c) Term of Protection.--Section 1305(a) of title 17, United States
Code, is amended to read as follows:
``(a) In General.--Subject to subsection (b), the protection
provided under this chapter--
``(1) for a design of a vessel hull shall continue for a
term of 10 years beginning on the date of the commencement of
protection under section 1304; and
``(2) for a fashion design shall continue for a term of 3
years beginning on the date of the commencement of protection
under section 1304.''.
(d) Infringement.--Section 1309 of title 17, United States Code, is
amended--
(1) in subsection (c), by striking ``that a design was
protected'' and inserting ``or reasonable grounds to know that
protection for the design is claimed'';
(2) in subsection (e), by inserting ``or from an image
thereof,'' after ``copied from a design protected under this
chapter,''; and
(3) by adding at the end the following new subsection:
``(h) Secondary Liability.--The doctrines of secondary infringement
and secondary liability that are applied in actions under chapter 5 of
this title apply to the same extent to actions under this chapter. Any
person who is liable under either such doctrine under this chapter is
subject to all the remedies provided under this chapter, including
those attributable to any underlying or resulting infringement.''.
(e) Application for Registration.--Section 1310 of title 17, United
States Code, is amended--
(1) in subsection (a), by striking the text and inserting
the following:
``(1) Vessel hull design.--In the case of a design of a
vessel hull, protection under this chapter shall be lost if
application for registration of the design is not made within 2
years after the date on which the design is first made public.
``(2) Fashion design.--In the case of a fashion design,
protection under this chapter shall be lost if application for
registration of the design is not made within 3 months after
the date on which the design is first made public.''; and
(2) in subsection (b), by striking ``for sale'' and
inserting ``for individual or public sale''.
(f) Examination of Application and Issue or Refusal of
Registration.--Section 1313(a) of title 17, United States Code, is
amended by striking ``subject to protection under this chapter'' and
inserting ``within the subject matter protected under this chapter''.
(g) Recovery for Infringement.--Section 1323(a) of title 17, United
States Code, is amended by striking ``$50,000 or $1 per copy'' and
inserting ``$250,000 or $5 per copy''.
(h) Other Rights not Affected.--Section 1330 of title 17, United
States Code, is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(3) any rights that may exist under provisions of this
title other than this chapter.''. | Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.
Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design.
Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner.
Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement.
Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design.
Increases allowable damage awards for infringement of original designs. | {"src": "billsum_train", "title": "To amend title 17, United States Code, to provide protection for fashion design."} | 1,150 | 265 | 0.491186 | 1.397252 | 0.717914 | 2.522321 | 4.825893 | 0.772321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Budget Autonomy
Act of 2007''.
SEC. 2. TERMINATION OF FEDERAL MANDATES OVER LOCAL BUDGET PROCESS AND
FINANCIAL MANAGEMENT OF DISTRICT OF COLUMBIA.
(a) Termination of Mandates.--
(1) In general.--Part D of title IV of the District of
Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 3--Termination of Federal Mandates
``termination of federal mandates
``Sec. 458. (a) Budget and Financial Management Governed Under
District Law.--Effective with respect to fiscal year 2008 and each
succeeding fiscal year which is not a control year--
``(1) the provisions of subpart 1 and subpart 2 shall not
apply; and
``(2) the process by which the District of Columbia
develops and enacts the budget for the District government for
a fiscal year, and the activities carried out with respect to
the financial management of the District government for a
fiscal year, shall be established under such laws as may be
enacted by the District.
``(b) No Effect on Existing Obligations.--Nothing in this section
may be construed to relieve the District of Columbia of any contractual
or other financial obligations incurred by the District under a budget
enacted for a fiscal year prior to fiscal year 2008.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part D
of title IV the following:
``Subpart 3--Termination of Federal Mandates
``Sec. 458. Termination of Federal mandates.''.
(b) Elimination of Congressional Review Period For Budget Acts.--
Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is
amended--
(1) in the second sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of any Act adopting the annual budget for the
District of Columbia government for fiscal year 2008 or any succeeding
fiscal year which is not a control year, such Act shall take effect
upon the date prescribed by such Act.''.
SEC. 3. TERMINATION OF FEDERAL MANDATES OVER BORROWING OF MONEY.
(a) Termination of Mandates.--
(1) In general.--Part E of title IV of the District of
Columbia Home Rule Act (sec. 1-204.61 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 6--Termination of Federal Mandates
``termination of federal mandates
``Sec. 490A. (a) Borrowing Governed Under District Law.--Except as
provided in subsection (b), effective with respect to fiscal year 2008
and each succeeding fiscal year which is not a control year--
``(1) the provisions of subparts 1 through 5 shall not
apply; and
``(2) the process and rules by which the District of
Columbia issues bonds or otherwise borrows money shall be
established under such laws as may be enacted by the District.
``(b) Exception for Certain Provisions.--Subsection (a) does not
apply with respect to the following sections:
``(1) Section 482 (relating to the full faith and credit of
the District).
``(2) Section 484 (relating to the nonapplicability of the
full faith and credit of the United States).
``(3) Section 485 (relating to the tax treatment of bonds
and notes).
``(4) Section 486 (relating to legal investment in bonds
and notes).
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to relieve the District of Columbia of any obligation
incurred with respect to bonds or other forms of borrowing
issued prior to fiscal year 2008; or
``(2) to waive the application to the District of Columbia
of any other Federal law governing the borrowing of funds by
States or units of local government, including the Internal
Revenue Code of 1986.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part E
of title IV the following:
``Subpart 6--Termination of Federal Mandates
``Sec. 490A. Termination of Federal mandates.''.
(b) Repeal of Cap on Amount of District Borrowing.--Section 603(b)
of such Act (sec. 1-206.03(b), D.C. Official Code) is amended by adding
at the end the following new paragraph:
``(4) Paragraphs (1) through (3) shall not apply with respect to
fiscal year 2008 or any succeeding fiscal year which is not a control
year.''.
SEC. 4. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL ROLE
IN BUDGET PROCESS.
(a) Federal Authority Over Budget-Making Process.--Section 603(a)
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official
Code) is amended by inserting before the period at the end the
following: ``for a fiscal year which is a control year''.
(b) Restrictions Applicable During Control Years.--Section 603(d)
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read
as follows:
``(d) In the case of a fiscal year which is a control year, the
Council may not approve, and the Mayor may not forward to the
President, any budget which is not consistent with the financial plan
and budget established for the fiscal year under subtitle A of title II
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.''.
(c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C.
Official Code) is amended to read as follows:
``(f) In this section, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2008 and each succeeding fiscal year. | District of Columbia Budget Autonomy Act of 2007 - Amends the District of Columbia Home Rule Act to eliminate, with respect to each fiscal year that is not a control year, all federally-imposed mandates over the District of Columbia's: (1) local budget process, financial management, audits, and accountability requirements; and (2) short-term borrowing of money, with specified exceptions.
Declares that the process by which the District develops and enacts the District government's budget for a fiscal year, the activities carried out regarding financial management of the District government, and the process and rules by which the District issues bonds or otherwise borrows money shall be established under laws enacted by the District.
Provides that Acts adopting the District government's annual budget for FY2008 and succeeding non-control fiscal years shall take effect upon their prescribed dates. (Thus eliminates congressional review of such Acts).
Repeals the federal cap on amounts the District may borrow (other than in a control year). | {"src": "billsum_train", "title": "To amend the District of Columbia Home Rule Act to eliminate all Federally-imposed mandates over the local budget process and financial management of the District of Columbia and the borrowing of money by the District of Columbia."} | 1,527 | 219 | 0.64765 | 1.690262 | 0.731373 | 2.968912 | 6.875648 | 0.834197 |
SECTION 1. PURCHASES FROM FEDERAL PRISON INDUSTRIES.
(a) Revision of Preference.--Section 4124 of title 18, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) A Federal agency that has a requirement for a specific
product listed in the current edition of the catalog required by
subsection (d) shall--
``(1) provide a copy of the notice required by section 18
of the Office of Federal Procurement Policy Act (41 U.S.C. 416)
to Federal Prison Industries at least 15 days before the
issuance of a solicitation of offers for the procurement of
such product;
``(2) use competitive procedures for the procurement of
that product unless--
``(A) the head of that agency justifies the use of
procedures other than competitive procedures in
accordance with section 2304(f) of title 10 or section
303(f) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)); or
``(B) the Attorney General makes the determination
described in subsection (b)(1) within 15 days after
receiving a notice of the requirement pursuant to
paragraph (1); and
``(3) consider a timely offer from Federal Prison
Industries for award in accordance with the specifications and
evaluation factors specified in the solicitation.
``(b) A Federal agency that has a requirement for a product
referred to in subsection (a) shall--
``(1) enter into negotiations with Federal Prison
Industries on a contract for the purchase of the product on a
noncompetitive basis if the Attorney General personally
determines, within the period described in subsection
(a)(2)(B), that--
``(A) it is not reasonable to expect that Federal
Prison Industries would be selected for award of the
contract on a competitive basis; and
``(B) it is necessary to award the contract to
Federal Prison Industries in order--
``(i) to maintain work opportunities that
are essential to the safety and effective
administration of the penal facility at which
the contract would be performed; or
``(ii) to permit diversification into the
manufacture of a new product that has been
approved for sale by the Federal Prison
Industries board of directors in accordance
with this chapter; and
``(2) award the contract to Federal Prison Industries if
the contracting officer determines that Federal Prison
Industries can meet the requirements of the agency with respect
to the product in a timely manner and at a fair and reasonable
price.''.
(b) Conforming Amendments.--Subsection (c) of such section is
amended--
(1) by striking ``Federal department, agency, and
institution'' in the first sentence and inserting ``Federal
agency''; and
(2) by striking ``department, agency, or institution'' in
the second sentence and inserting ``Federal agency''.
SEC. 2. LIMITATION ON NEW PRODUCTS AND EXPANSION OF PRODUCTION.
Section 4122(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Federal Prison Industries shall, to the maximum extent
practicable, concentrate any effort to produce a new product or to
expand significantly the production of an existing product on products
that are otherwise produced with non-United States labor.''; and
(3) in paragraph (6), as so redesignated, by striking out
``paragraph (4)(B)'' and inserting in lieu thereof ``paragraph
(5)(B)''.
SEC. 3. RESTRICTION ON INMATE ACCESS TO SENSITIVE INFORMATION.
(a) In General.--Chapter 307 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 4130. Restriction on inmate access to sensitive information
``The board of directors of Federal Prison Industries may not
approve a proposal for inmates to provide a service in which an inmate
worker has access to any of the following information:
``(1) Personal or financial information about an individual
(including any information that relates to the individual's
real property, however described) unless the individual has
been notified that the inmate is to have access to the
information.
``(2) Any data that--
``(A) is classified in the interest of national
defense or foreign policy; or
``(B) will become classified in such interest after
being merged with other data.
``(3) Geographic data regarding the location of--
``(A) any surface or subsurface infrastructure for
providing communications, water, or electrical power
distribution;
``(B) any pipeline for the distribution of natural
gas, bulk petroleum products, or other commodity; and
``(C) any other utility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4130. Restriction on inmate access to sensitive information.''.
SEC. 4. PROHIBITIONS ON REQUIRING SUBCONTRACTING WITH FEDERAL PRISON
INDUSTRIES.
(a) In General.--Chapter 307 of title 18, United States Code, as
amended by section 3, is further amended by adding at the end the
following new section:
``Sec. 4131. Prohibition on requiring subcontracting with Federal
Prison Industries
``(a) A contractor or potential contractor of the United States may
not be required to use Federal Prison Industries as a subcontractor or
supplier of products, or as a provider of services, under a contract of
the United States by any means, including such means as--
``(1) a contract solicitation of offers for a contract that
requires offers to contain a commitment to use Federal Prison
Industries, its products, or its services in the performance of
the contract;
``(2) a contract specification that requires the contractor
to use a specific product or service (or class of products or
services) offered by Federal Prison Industries in the
performance of the contract; and
``(3) any contract modification that imposes a requirement
to use Federal Prison Industries, its products, or its services
in the performance of the contract.
``(b) In this section, the term `contractor' includes a
subcontractor of a contractor at any tier under a contract.''.
(b) Clerical Amendment.--The table of sections of the beginning of
such chapter, as amended by section 3, is further amended by adding at
the end the following new item:
``4131. Prohibition on requiring subcontracting with Federal Prison
Industries.''.
SEC. 5. UNLAWFUL TRANSPORTATION OR IMPORTATION OF PRODUCTS, SERVICES,
OR MINERALS RESULTING FROM CONVICT LABOR.
Section 1761 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after ``any goods,
wares, or merchandise manufactured, produced, or mined, wholly
or in part by convicts or prisoners,'' the following: ``or
sells in interstate commerce any services furnished wholly or
in part by convicts or prisoners,''; and
(2) in subsection (c), by inserting ``, or services
furnished,'' after ``or mined'' in the matter preceding
paragraph (1).
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of the enactment of this Act. | Amends the Federal criminal code to revise the requirements for procurement of products of Federal Prison Industries (FPI).Directs a Federal agency that has a requirement for a specific product listed in the current edition of the FPI catalog to: (1) provide a copy of the required notice to FPI at least 15 days before the issuance of a solicitation of offers for procurement of such product; (2) use competitive procedures (with exceptions); and (3) consider a timely offer from FPI for award in accordance with the specifications and evaluation factors specified in the solicitation.Requires the agency to: (1) enter into negotiations with FPI on a contract for the purchase of the product on a non-competitive basis if the Attorney General determines it is unreasonable to expect that FPI would be selected on a competitive basis and it is necessary to award the contract to FPI to maintain essential work opportunities or to permit diversification under specified circumstances; and (2) award the contract to FPI if the contracting officer determines that FPI can meet the agency's requirements in a timely manner, at a fair and reasonable price.Directs FPI to concentrate any effort to produce a new product, or to expand significantly the production of an existing product, on products that are otherwise produced with non-U.S. labor.Prohibits: (1) the board of FPI from approving a proposal for inmates to provide a service in which an inmate worker has access to specified sensitive information; and (2) requiring subcontracting with FPI.. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison Industries to meet needs of Federal agencies, and for other purposes."} | 1,718 | 337 | 0.701868 | 2.349495 | 1.059846 | 5.045455 | 5.555944 | 0.91958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century STEM Competitive Jobs
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Harvard Graduate School of Education's report
``Pathways to Prosperity'' cites research that shows employers
across the country continue to see that young adults are not
equipped with the skills and work experience needed to succeed
in the 21st century workforce. In addition, research shows that
courses that include a vocational or work-based component best
prepare students to succeed in the workplace.
(2) Numerous reports by national advisory groups, including
the President's Council of Advisors on Science and Technology
and National Academies' committees, have highlighted the need
to raise student achievement in STEM fields to enable the
United States to maintain its competitive edge in the global
economy.
(3) Nearly all of the top 30 fastest growing occupations
require science, technology, engineering, or mathematics
skills, according to the Bureau of Labor Statistics.
(4) Recent standardized tests show United States students'
mathematics and science performance is only average or below
average compared with their international peers. American
students placed 25th in mathematics and 17th in science out of
34 Organisation for Economic Co-operation and Development
countries in the 2009 Program for International Student
Assessment.
(5) Too few American students graduate from high school
with the interest and the preparation to successfully pursue
STEM degrees in college. Well over half of college students in
China and Japan major in STEM fields, compared with only a
third of students in America.
SEC. 3. AMENDMENTS TO THE ESEA.
(a) Title IV.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--STEM GRANT PROGRAM
``SEC. 4401. GRANT PROGRAM.
``(a) In General.--From the amounts appropriated under subsection
(f), the Secretary shall award grants to local educational agencies to
improve the education of students in science, technology, engineering,
and mathematics (in this section referred to as `STEM') and prepare
such students to pursue undergraduate and graduate degrees and careers
in such fields.
``(b) Application.--To receive a grant under this section, a local
educational agency shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, which shall include a description of--
``(1) the local, regional, or national employer in a STEM
field with whom the local educational agency will partner or
collaborate to carry out the required activities under
subsection (c)(1)(A); and
``(2) the dual-credit courses the will be carried out with
the grant under subsection (c)(1)(B).
``(c) Uses of Funds.--A local educational agency receiving a grant
under this section--
``(1) shall use such funds to--
``(A) partner or collaborate with the local,
regional, or national employer described in the
agency's application under subsection (b) to--
``(i) assist students in being placed in
internships or apprenticeships with such
employers; and
``(ii) develop the curriculum and metrics
of STEM coursework; and
``(B) collaborate with institutions of higher
education to--
``(i) carry out dual-credit courses that
offer both secondary school credit and college
credit and incorporate STEM education and STEM
workplace training;
``(ii) assist students in being placed in
internships or apprenticeships with the
employers described in subparagraph (A); and
``(iii) develop the curriculum and metrics
described in subparagraph (A)(ii); and
``(2) may use such funds to--
``(A) provide tutoring in STEM coursework and
mentoring programs for academic advice and assistance
in discussing future career opportunities in STEM
fields;
``(B) enable students and their teachers to attend
STEM events outside the classroom;
``(C) provide after-school and summer STEM programs
for students; and
``(D) purchase education materials or equipment to
facilitate STEM instruction.
``(d) Matching Requirement.--
``(1) In general.--Each local educational agency that
receives a grant under this section shall provide, from non-
Federal sources, an amount equal to 50 percent of the grant.
Such non-Federal contribution may be provided in cash or in
kind.
``(2) Partnership authorized.--A local educational agency
may partner with a public and private entity that may assist
the local educational agency in meeting the matching
requirement under paragraph (1).
``(3) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) for a local
educational agency if the local educational agency demonstrates
that such requirement would result in a serious financial
hardship or a financial inability to carry out the goals of the
grant.
``(e) Supplement, Not Supplant.--Grant funds provided to a local
educational agency under this section shall be used to supplement, and
not supplant, funds that would otherwise be used for activities
authorized under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriate such sums as may be necessary to carry out this section for
fiscal year 2014 and each succeeding fiscal year.''.
(b) Table of Contents.--The table of contents of the Elementary and
Secondary Education Act of 1965 is amended by inserting after the item
relating to part C of title IV of such Act, the following new item:
``Part D--STEM Grant Program
``Sec. 4401. Grant program.''. | 21st Century STEM Competitive Jobs Act - Amends the Elementary and Secondary Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to improve science, technology, engineering, and mathematics (STEM) education. Requires grantees to use grant funds to collaborate with institutions of higher education and local, regional, or national employers in STEM fields to: (1) carry out dual-credit courses that offer both secondary school and college credit and incorporate STEM education and STEM workplace training, (2) assist students in being placed in internships or apprenticeships with those employers, and (3) develop STEM curricula and metrics. Permits grantees to use grant funds for: (1) STEM tutoring and mentoring programs; (2) STEM outside-the-classroom, after-school, or summer programs; and (3) STEM instructional materials or equipment. | {"src": "billsum_train", "title": "21st Century STEM Competitive Jobs Act"} | 1,248 | 185 | 0.519983 | 1.500281 | 0.982897 | 3.052632 | 7.011696 | 0.935673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andrew Carnegie Libraries for
Lifelong Learning Act''.
SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT.
The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is
amended--
(1) by redesignating chapter 3 as chapter 4; and
(2) by inserting after chapter 2 the following:
``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT
``SEC. 241. GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION AND
TECHNOLOGY ENHANCEMENT.
``(a) In General.--From amounts appropriated under section 244, the
Director shall carry out a program of awarding grants to States, that
have an amendment to a State plan or a State plan approved under
section 243, for the construction or technology enhancement of public
libraries.
``(b) Definitions.--In this chapter:
``(1) Construction.--
``(A) In general.--The term `construction' means--
``(i) construction of new buildings;
``(ii) the acquisition, expansion,
remodeling, and alteration of existing
buildings;
``(iii) the purchase, lease, and
installation of equipment for any new or
existing buildings; or
``(iv) any combination of the activities
described in clauses (i) through (iii),
including architect fees and the cost of
acquisition of land.
``(B) Special rule.--Such term includes--
``(i) remodeling to meet standards under
the Act entitled `An Act to insure that certain
buildings financed with Federal funds are so
designed and constructed as to be accessible to
the physically handicapped', approved August
12, 1968 (42 U.S.C. 4151 et seq.), commonly
known as the `Architectural Barriers Act of
1968';
``(ii) remodeling designed to ensure safe
working environments and to conserve energy;
``(iii) renovation or remodeling to
accommodate new technologies; and
``(iv) the purchase of historic buildings
for conversion to public libraries.
``(2) Equipment.--The term `equipment' means--
``(A) information and building technologies, video
and telecommunications equipment, machinery, utilities,
built-in equipment, and any necessary enclosures or
structures to house the technologies, equipment,
machinery or utilities; and
``(B) all other items necessary for the functioning
of a particular facility as a facility for the
provision of library services.
``(3) Public library.--
``(A) In general.--The term `public library' means
a library that serves free of charge all residents of a
community, district, or region, and receives its
financial support in whole or in part from public
funds.
``(B) Research library included.--Such term also
includes a research library, which, for the purposes of
this sentence, means a library, that--
``(i) makes its services available to the
public free of charge;
``(ii) has extensive collections of books,
manuscripts, and other materials suitable for
scholarly research that are not otherwise
available to the public;
``(iii) engages in the dissemination of
humanistic knowledge through services to
readers, fellowships, educational and cultural
programs, publication of significant research,
and other activities; and
``(iv) is not an integral part of an
institution of higher education.
``(4) Technology enhancement.--The term `technology
enhancement' means the acquisition, installation, maintenance,
or replacement, of substantial technological equipment
(including library bibliographic automation equipment)
necessary to provide access to information in electronic and
other formats made possible by new information and
communications technologies.
``(c) Applicability.--Except as provided in section 243, the
provisions of this subtitle (other than this chapter) shall not apply
to this chapter.
``SEC. 242. USE OF FEDERAL FUNDS.
``(a) In General.--A State receiving a grant under this chapter
shall use the grant funds to pay the Federal share of the cost of
construction or technology enhancement of public libraries.
``(b) Federal Share.--
``(1) In general.--For the purposes of subsection (a), the
Federal share of the cost of construction or technology
enhancement of any project assisted under this chapter shall
not exceed one-half of the total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of construction or technology enhancement of any project
assisted under this chapter may be provided from State, local,
or private sources, including for-profit and nonprofit
organizations.
``(c) Special Rule.--
``(1) In general.--The United States shall be entitled to
recover the amount described in paragraph (2) if, within 20
years after completion of construction of any public library
facility that has been constructed in part with grant funds
made available under this chapter--
``(A) the recipient of the grant funds (or its
successor in title or possession) ceases or fails to be
a public or nonprofit institution; or
``(B) the facility ceases to be used as a library
facility, unless the Director determines that there is
good cause for releasing the institution from its
obligation.
``(2) Amount.--
``(A) In general.--For purposes of paragraph (1),
the United States shall be entitled to recover from
such grant recipient (or successor) an amount that
bears the same ratio to the value of the facility (or
part thereof constituting an approved project or
projects), at the time of the cessation or failure, as
the amount of the Federal grant bore to the cost of
such facility (or part thereof).
``(B) Value.--The value of the facility shall be
determined by the parties or by action brought in the
United States district court for the district in which
the facility is located.
``SEC. 243. STATE PLAN.
``(a) State Without Approved Plan in Place.--
``(1) Submission of plan.--Each State library
administrative agency serving a State that does not have a plan
approved under section 224 and that desires a grant under this
chapter shall submit to the Director a State plan that meets
the following requirements:
``(A) Period.--The State plan shall cover a period
of 5 fiscal years.
``(B) Contents.--The State plan shall include a
description of the public library construction or
technology enhancement activities to be assisted under
this chapter.
``(C) Assurances.--The State plan shall contain
satisfactory assurances that the provisions of the
State plan will be carried out.
``(2) Public availability.--Each State library
administrative agency submitting a State plan under this
subsection shall make the State plan available to the public.
``(3) Plan approval.--The Director shall approve a State
plan submitted under paragraph (1) that meets the requirements
of such paragraph.
``(4) Administration.--If the Director determines that the
State plan does not meet the requirements of paragraph (1), the
Director shall--
``(A) immediately notify the State library
administrative agency of such determination and the
reasons for such determination;
``(B) offer the State library administrative agency
the opportunity to revise its State plan;
``(C) provide technical assistance in order to
assist the State library administrative agency in
meeting the requirements of paragraph (1); and
``(D) provide the State library administrative
agency the opportunity for a hearing.
``(b) State With Plan Approved.--Each State library administrative
agency serving a State that has a State plan approved under section 224
and that desires a grant under this chapter shall submit to the
Director an amendment to the State plan that contains a description of
the public library construction or technology enhancement activities to
be assisted under this chapter.
``SEC. 244. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$200,000,000 for fiscal year 2002 and for each of the 4 succeeding
fiscal years.''. | Andrew Carnegie Libraries for Lifelong Learning Act - Amends the Library Services and Technology Act to require the Director of the Institute of Museum and Library Services to carry out a program of awarding grants to States for the construction or technology enhancement of public libraries. | {"src": "billsum_train", "title": "A bill to provide for public library construction and technology enhancement."} | 1,825 | 54 | 0.502127 | 1.132775 | 1.072472 | 4.319149 | 36.212766 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS.
(a) Securities Exchange Act of 1934.--Section 21D(c) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by
adding at the end the following new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
(b) Securities Act of 1933.--Section 27(c) of the Securities Act of
1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following
new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
SEC. 3. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND
OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF
AND ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following new paragraphs:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(11) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(13) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (10) through (12))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following
new paragraph:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(11) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(13) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (10) through (12))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
SEC. 4. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
shall employ a competitive bidding process as one of the criteria in
the selection and retention of counsel for the most adequate plaintiff,
unless the court determines on the record that such a process is not
feasible.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court shall employ a
competitive bidding process as one of the criteria in the selection and
retention of counsel for the most adequate plaintiff, unless the court
determines on the record that such a process is not feasible.''.
SEC. 5. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS.
(a) Study and Review Required.--The Comptroller General of the
United States shall conduct a study and review of fee awards to lead
counsel in securities class actions over the five years preceding the
date of enactment of this Act to determine the effective average hourly
rate for lead counsel in such actions.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study and review required by this section. The
Comptroller General shall submit an updated study every three years
thereafter.
(c) Definition.--For purposes of this section, the term
``securities class action'' means a private class action arising under
the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a
plaintiff class action pursuant to the Federal Rules of Civil
Procedure. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to state that, in any private action in which the court enters a final judgment against plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon defendant's motion, determine whether: (1) the position of the plaintiff was not substantially justified; (2) imposition of fees and expenses on the plaintiff's attorney would be just; and (3) the cost of such fees and expenses to the defendant is substantially burdensome or unjust.
Requires the court to award the defendant reasonable fees and other expenses, and impose such fees and expenses on the plaintiff's attorney, if the court makes positive determinations in such a case.
Places the burden of persuasion upon the defendant as to whether or not the position of the plaintiff was substantially justified.
Requires plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery.
Requires similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest.
Requires the court, in exercising discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria (unless the court determines that such a process is not feasible).
Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions. | {"src": "billsum_train", "title": "To protect investors by fostering transparency and accountability of attorneys in private securities litigation."} | 2,772 | 354 | 0.665018 | 1.987548 | 0.829056 | 4.451923 | 7.942308 | 0.939103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm Straw Purchasing and
Trafficking Prevention Act''.
SEC. 2. STRAW PURCHASING OF FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) purchase or otherwise obtain a firearm, which has
been shipped, transported, or received in interstate or foreign
commerce, for or on behalf of any other person who the person
purchasing or otherwise obtaining the firearm knows--
``(A) is prohibited from possessing or receiving a
firearm under subsection (g) or (n) of section 922;
``(B) intends to use, carry, possess, or sell or
otherwise dispose of the firearm in furtherance of a
crime of violence, a drug trafficking crime, or a
Federal crime of terrorism;
``(C) intends to engage in conduct that would
constitute a crime of violence, a drug trafficking
crime, or a Federal crime of terrorism if the conduct
had occurred within the United States; or
``(D) is not a resident of any State and is not a
citizen or lawful permanent resident of the United
States; or
``(2) willfully procure another to engage in conduct
described in paragraph (1).
``(c) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned not more than 15 years, or both.
``Sec. 933. Trafficking in firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, or otherwise dispose of 2
or more firearms to another person in or otherwise affecting
interstate or foreign commerce, if the person shipping,
transporting, transferring, or otherwise disposing of the
firearms knows that the use, carrying, or possession of a
firearm by the transferee would violate subsection (g) or (n)
of section 922, or constitute a crime of violence, a drug
trafficking crime, or a Federal crime of terrorism;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient--
``(A) knows that such receipt would violate
subsection (g) or (n) of section 922; or
``(B) intends to use the firearm in furtherance of
a crime of violence, a drug trafficking crime, or a
Federal crime of terrorism; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(c) Penalties.--
``(1) In general.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) Organizer.--If a violation of subsection (b) is
committed by a person acting in concert with other persons as
an organizer, leader, supervisor, or manager, the person shall
be fined under this title, imprisoned not more than 20 years,
or both.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by inserting
after the item relating to section 931 the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and amend its guidelines and policy statements to ensure
that persons convicted of an offense under section 932 or 933 of title
18, United States Code, and other offenses applicable to the straw
purchases and firearms trafficking of firearms are subject to increased
penalties in comparison to those currently provided by the guidelines
and policy statements for such straw purchasing and firearms
trafficking offenses. In its review, the Commission shall consider, in
particular, an appropriate amendment to reflect the intent of Congress
that straw purchasers without significant criminal histories receive
sentences that are sufficient to deter participation in such
activities. The Commission shall also review and amend its guidelines
and policy statements to reflect the intent of Congress that a person
convicted of an offense under section 932 or 933 of title 18, United
States Code, who is affiliated with a gang, cartel, organized crime
ring, or other such enterprise should be subject to higher penalties
than an otherwise unaffiliated individual.
SEC. 3. INCREASED PENALTIES FOR LYING AND BUYING.
Section 924(a)(1) of title 18, United States Code, is amended in
the undesignated matter following subparagraph (D) by striking ``five
years'' and inserting the following: ``5 years (or, in the case of a
violation under subparagraph (A), not more than 10 years)''.
SEC. 4. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing that such
firearm or ammunition will be used to commit a crime of violence (as
defined in subsection (c)(3)), a drug trafficking crime (as defined in
subsection (c)(2)), a Federal crime of terrorism (as defined in section
2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751
et seq.), the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21
U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined
in accordance with this title, or both.''.
SEC. 5. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d), (g), or (n) of
section 922 shall be fined under this title, imprisoned not more than
15 years, or both.''.
SEC. 6. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or promote conduct
that--
``(A) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802);
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)); or
``(D) constitutes a Federal crime of terrorism (as defined
in section 2332b(g)),
smuggles or knowingly brings into the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct
that--
``(A) would be punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) or a Federal crime of terrorism (as defined
in section 2332b(g)) for which the person may be prosecuted in
a court of the United States, if the conduct had occurred
within the United States,
smuggles or knowingly takes out of the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.''. | Firearm Straw Purchasing and Trafficking Prevention Act - Amends the federal criminal code to prohibit purchasing or otherwise obtaining a firearm that has been shipped, transported, or received in interstate or foreign commerce for or on behalf of any other person who the purchaser knows: (1) is prohibited from possessing or receiving a firearm; (2) intends to use, carry, possess, sell, or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a federal crime of terrorism; (3) intends to engage in conduct that would constitute such a crime if the conduct occurred in the United States; or (4) is not a resident of any state and is not a citizen or lawful permanent resident of the United States. Prohibits willfully procuring another to engage in such conduct. Prohibits: (1) shipping, transporting, transferring, or otherwise disposing of two or more firearms to another person in or otherwise affecting interstate or foreign commerce knowing that the use, carrying, or possession of a firearm by the transferee is prohibited or would constitute a crime of violence, a drug trafficking crime, or a federal crime of terrorism; (2) receiving two or more firearms in or otherwise affecting interstate or foreign commerce if the recipient either knows such receipt is prohibited or intends to use the firearm in furtherance of such a crime; or (3) attempting or conspiring to commit such conduct. Sets penalties for violations, including enhanced penalties for acting in concert with another person as an organizer, leader, supervisor, or manager in such a transfer or receipt of firearms. Directs the U.S. Sentencing Commission to: (1) review and amend its guidelines and policy statements to ensure that persons convicted of such offenses and other offenses applicable to the straw purchases and trafficking of firearms are subject to increased penalties in comparison to those currently provided; (2) consider an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities; and (3) review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of such an offense who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. Increases the maximum penalty for making false statements or representations with respect to firearms. Expands the scope of prohibitions against transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking crime to cover receiving or transferring a firearm or ammunition, attempting or conspiring to do so, and transferring a firearm or ammunition knowing that it will be used to commit a federal crime of terrorism or a crime under the Arms Export Control Act, the International Emergency Economic Powers Act, or the Foreign Narcotics Kingpin Designation Act. Increases the maximum term of imprisonment for such violations and for smuggling a firearm or ammunition into or out of the United States with intent to engage in or promote prohibited conduct. | {"src": "billsum_train", "title": "Firearm Straw Purchasing and Trafficking Prevention Act"} | 2,218 | 672 | 0.582442 | 1.841029 | 0.731033 | 5.445017 | 3.321306 | 0.926117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interest for Others Act of 2016''.
SEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN INTEREST AND MONEY
MARKET FUND DIVIDENDS PAID TO CHARITY.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after 139E the
following:
``SEC. 139F. INTEREST AND MONEY MARKET FUND DIVIDENDS DONATED TO
CHARITY.
``(a) General Rule.--In the case of a taxpayer who is an
individual, trust, or estate, gross income for a taxable year shall not
include the amount of a charitable contribution pursuant to a qualified
program made during the taxable year in which a calendar year ends.
``(b) Limitations.--
``(1) Exclusion limited to interest and dividend income.--
The amount excluded from gross income by subsection (a) for a
calendar year shall not exceed the sum of--
``(A) in the case of a deposit in a financial
institution, the lesser of--
``(i) the amount of interest paid to the
taxpayer on such deposit for the calendar year,
and
``(ii) the aggregate charitable
contribution from such deposit during the
calendar year, and
``(B) in the case of shares in a money market fund,
the lesser of--
``(i) the amount of dividends paid with
respect to such shares for the calendar year,
and
``(ii) the aggregate charitable
contribution from such shares during the
calendar year.
``(2) Account limitation.--The amount excluded from gross
income by subsection (a) from an account for a calendar year
shall not exceed $50.
``(c) Qualified Program.--For purposes of this section--
``(1) In general.--The term `qualified program' means a
program adopted by a financial institution or a money market
fund (as the case may be) under which--
``(A) the owner of a deposit in the financial
institution or of shares in the money market fund--
``(i) elects to participate in the program,
``(ii) elects the amount of donation from
the owner's deposit or shares, and
``(iii) designates an entity described in
section 170(c) to receive the donation, and
``(B) the financial institution or money market
fund makes, directly or through a qualified aggregator,
a contribution of the amount elected under subparagraph
(A)(ii) to the entity designated under subparagraph
(A)(iii).
``(2) Qualified aggregator.--
``(A) In general.--The term `qualified aggregator'
means an organization--
``(i) which is described in section
501(c)(3) and exempt from tax under section
501(a), and
``(ii) the purpose of which is to
facilitate charitable contributions under a
qualified program by aggregating contributions
from deposits and funds and payments to
entities designated to receive such payments.
``(B) Administrative costs.--An entity shall not
fail to be treated as a qualified aggregator solely
because the entity retains a portion of contributions
from deposits and funds to cover its administrative
costs if the qualified aggregator provides notice in
advance of its intent to retain such a portion. The
notice need not specify the exact amount or percentage
of the amount to be retained.
``(C) Special rule regarding status to receive
charitable contributions.--A program shall not fail to
be described in paragraph (1) merely because the
ultimate recipient of a contribution is ineligible to
receive charitable contributions so long as the
qualified aggregator and the financial institution or
money market fund (as the case may be) made an initial
good faith determination that contributions to
recipients under the program would be qualified under
section 170(c) to receive charitable contributions. For
purposes of the preceding sentence, a financial
institution or money market fund may rely upon the
representation of the qualified aggregator that the
organizations to which distributions will be made
qualify under section 170(c) to receive charitable
contributions.
``(d) Other Definitions.--For purposes of this section--
``(1) Deposit.--The term `deposit' means any deposit,
withdrawable account, or withdrawable or repurchasable share.
``(2) Financial institution.--The term `financial
institution' means--
``(A) any bank (as defined in section 581),
``(B) any institution described in section 591,
``(C) any credit union the deposits or accounts in
which are insured under Federal or State law or are
protected or guaranteed under State law, and
``(D) any similar institution chartered and
supervised under Federal or State law.
``(3) Money market fund.--The term `money market fund'
means an open-end investment management company registered
under the Investment Company Act of 1940 and subject to Rule
2a-7 thereof.
``(4) Charitable contribution.--The term `charitable
contribution' means a charitable contribution as defined in
section 170(c).''.
(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:
``Sec. 139F. Interest and money market fund dividends donated to
charity.''.
(c) Effective Date.--The amendments made by this section shall
apply to all interest and money market fund dividends paid after
December 31, 2015.
SEC. 3. DENIAL OF DEDUCTION OF AMOUNTS EXCLUDED FROM INCOME UNDER
SECTION 139F.
(a) In General.--Section 170(f) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(19) Certain donated interest and money market fund
dividends.--Amounts excluded from gross income under section
139F shall not be taken into account as a charitable
contribution for purposes of this section.''.
(b) Effective Date.--The amendment made by this section shall apply
to all charitable contributions made after December 31, 2015.
SEC. 4. INFORMATION RETURNS.
(a) Money Market Funds.--Section 6042(b)(2) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, or'' and by adding at the end the following:
``(C) which is specifically excluded from gross
income of the payee by section 139F(a).''.
(b) Payments of Interest.--Section 6049(b)(2) of such Code is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``, and'', and
by adding at the end the following:
``(D) interest which is specifically excluded from
gross income of the payee by section 139F(a).''.
(c) Returns Regarding Payments Excluded From Gross Income Under
Section 139F.--Subpart B of part III of subchapter A of chapter 61 of
such Code is amended by inserting after section 6049 the following:
``SEC. 6049A. RETURNS REGARDING INTEREST AND MONEY MARKET FUND
DIVIDENDS CONTRIBUTED TO CHARITY.
``Every person who, during any calendar year--
``(1) makes payments of interest or dividends aggregating
$10 or more and who has in effect a qualified program (as
defined in section 139F(c)(1)), or
``(2) is a qualified aggregator (as defined in section
139F(c)(2)) and who, under such a qualified program, receives
contributions and makes payments aggregating $10 or more to any
entity described in section 170(c),
shall make a return according to the forms or regulations prescribed by
the Secretary setting forth the aggregate amount of such payments, and
the name and address of the person to whom paid.''.
(d) Conforming Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 of such Code is amended by
inserting after the item relating to section 6049 the following new
item:
``Sec. 6049A. Returns regarding interest and money market fund
dividends contributed to charity.''.
(e) Effective Date.--The amendments made by this section shall
apply to all payments made after December 31, 2015. | Interest for Others Act of 2016 This bill amends the Internal Revenue Code to allow individuals, trusts, or estates to exclude from gross income up to $50 of interest and money market fund dividend income that is contributed to charity using a program adopted by a financial institution or a money market fund. Details regarding the payments to charities must be reported to the Internal Revenue Service by any person that: (1) pays certain interest or dividends and has a charitable contribution program, or (2) is an aggregator that receives contributions and makes payments to charities under a program. | {"src": "billsum_train", "title": "Interest for Others Act of 2016"} | 2,000 | 118 | 0.56135 | 1.417495 | 0.574845 | 2.767857 | 15.276786 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Freedom and Fairness Act''.
SEC. 2. PHASED REDUCTION OF 15 PERCENT INDIVIDUAL INCOME TAX RATE TO 10
PERCENT.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended--
(1) by striking ``15%'' each place it appears in the tables
in subsections (a) through (e) and inserting ``The applicable
rate'', and
(2) by adding at the end the following:
``(i) Applicable Rate.--For purposes of this section, the
applicable rate for any taxable year shall be determined in accordance
with the following table:
``In the case of any taxable year The applicable rate is:
beginning in--
1999.......................................... 14 percent
2000.......................................... 13 percent
2001.......................................... 12 percent
2002.......................................... 11 percent
2003 and thereafter........................... 10 percent.''.
(b) Conforming Amendments.--
(1) Section 1(f)(2) of the Internal Revenue Code of 1986 is
amended--
(A) by inserting ``except as provided in subsection
(i),'' before ``by not changing'' in subparagraph (B),
and
(B) by inserting ``and the adjustment in rates
under subsection (i)'' after ``rate brackets'' in
subparagraph (C).
(2) Section 1(g)(7)(B)(ii)(II) of such Code is amended by
striking ``15 percent'' and inserting ``the applicable rate''.
(3) Section 3402(p)(2) of such Code is amended by striking
``15 percent'' and inserting ``the applicable rate in effect
under section 1(i) for the taxable year''.
(c) New Tables.--Not later than 15 days after the date of enactment
of this Act, the Secretary of the Treasury--
(1) shall prescribe tables for taxable years beginning in
1999 which shall reflect the amendments made by this section
and which shall apply in lieu of the tables prescribed under
sections 1(f)(1) and 3(a) of the Internal Revenue Code of 1986
for such taxable years, and
(2) shall modify the withholding tables and procedures for
such taxable years under section 3402(a)(1) of such Code to
take effect as if the reduction in the rate of tax under
section 1 of such Code (as amended by this section) was
attributable to such a reduction effective on such date of
enactment.
(d) Section 15 Not To Apply.--No amendment made by this section
shall be treated as a change in a rate of tax for purposes of section
15 of the Internal Revenue Code of 1986.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rates set forth in section
1(c) to each such taxable income.
``(b) Determination of Taxable Income.--
``(1) In general.--For purposes of subsection (a)(1), the
taxable income for each spouse shall be one-half of the taxable
income computed as if the spouses were filing a joint return.
``(2) Nonitemizers.--For purposes of paragraph (1), if an
election is made not to itemize deductions for any taxable
year, the basic standard deduction shall be equal to the amount
which is twice the basic standard deduction under section
63(c)(2)(C) for the taxable year.
``(c) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
``(d) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of the Internal Revenue Code of 1986 (relating to tax
imposed) as precedes the table is amended to read as follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
(c) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6013
the following:
``Sec. 6013A. Combined return with
separate rates.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act. | Taxpayer Freedom and Fairness Act - Amends the Internal Revenue Code to reduce the 15 percent individual income tax rate to ten percent over five years.
Authorizes a married couple to file a combined return under which: (1) each spouse is taxed using the rates applicable to unmarried individuals; but (2) their joint tax liability shall be for the aggregate amount resulting from applying the separate rates to each taxable income. | {"src": "billsum_train", "title": "Taxpayer Freedom and Fairness Act"} | 1,381 | 93 | 0.502716 | 1.131504 | 0.337138 | 2.6625 | 14.575 | 0.8375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Emergency Loan Relief
Act of 2009''.
SEC. 2. TEMPORARY INCREASE IN MAXIMUM LOAN AMOUNTS AND USE OF
REFINANCES.
(a) In General.--
(1) Maximum amounts for 7(a) loans.--Section 7(a)(3)(A) of
the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by
striking ``$1,500,000 (or if the gross loan amount would exceed
$2,000,000'' and inserting ``$4,500,000 (or if the gross loan
amount would exceed $5,000,000''.
(2) Maximum loan amounts under 504 program.--Section
502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(A) in clause (i), by striking ``$1,500,000'' and
inserting ``$4,000,000'';
(B) in clause (ii), by striking ``$2,000,000'' and
inserting ``$5,000,000'';
(C) in clause (iii), by striking ``$4,000,000'' and
inserting ``$5,500,000'';
(D) in clause (iv), by striking ``$4,000,000'' and
inserting ``$5,500,000''; and
(E) in clause (v), by striking ``$4,000,000'' and
inserting ``$5,500,000''.
(3) Maximum loan limits under microloan program.--Section
7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended--
(A) in paragraph (1)(B)(iii), by striking
``$35,000'' and inserting ``$50,000'';
(B) in paragraph (3)(E), by striking ``$35,000''
each place it appears and inserting ``$50,000''; and
(C) in paragraph (11)(B), by striking ``$35,000''
and inserting ``$50,000''.
(4) Low interest refinancing under the local development
business loan program.--Section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) is amended--
(A) in subparagraph (A), by inserting ``, including
a financing that does not involve an expansion of a
small business concern,'' after ``under this title'';
and
(B) by adding at the end the following:
``(C) Refinancing not involving expansions.--If the
project for which a financing is approved under this
title does not involve the expansion of a small
business concern, any amount of existing indebtedness
may be refinanced and added to the project cost if--
``(i) the total amount of the financing is
not more than 80 percent of the value of the
collateral for the financing;
``(ii) the small business concern has been
in operation for all of the 2-year period
ending on the date of the financing;
``(iii) the existing indebtedness was not
incurred during the 2-year period ending on the
date of the financing;
``(iv) the existing indebtedness is not
subject to a guarantee by any Federal agency;
and
``(v) in any case in which the
Administrator determines that there will be an
additional cost for making a loan that includes
the refinancing of the existing indebtedness,
the borrower agrees to pay a fee in an amount
equal to the anticipated additional cost.''.
(5) Business stabilization program.--Section 506(d) of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 157) is amended by striking
``$35,000'' and inserting ``$50,000''.
(b) Fees.--During the period beginning on the date of enactment of
this Act and ending on January 1, 2011--
(1) with respect to each loan guaranteed under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), the Administrator
of the Small Business Administration (in this subsection
referred to as the ``Administrator'') shall, in lieu of the
fees otherwise applicable under paragraphs (23)(A) and (18)(A)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
collect no fee;
(2) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution
described in subclause (I), (II), or (III) of section
502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), for any loan
guarantee or project subject to such subsection, collect no
fee; and
(3) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(3)), collect no fee.
(c) Prospective Repeal.--
(1) In general.--
(A) Maximum amounts for 7(a) loans.--Section
7(a)(3)(A) of the Small Business Act (15 U.S.C.
636(a)(3)(A)) is amended by striking ``$4,500,000 (or
if the gross loan amount would exceed $5,000,000'' and
inserting ``$1,500,000 (or if the gross loan amount
would exceed $2,000,000''.
(B) Maximum loan amounts under 504 program.--
Section 502(2)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(2)(A)) is amended--
(i) in clause (i), by striking
``$4,000,000'' and inserting ``$1,500,000'';
(ii) in clause (ii), by striking
``$5,000,000'' and inserting ``$2,000,000'';
(iii) in clause (iii), by striking
``$5,500,000'' and inserting ``$4,000,000'';
(iv) in clause (iv), by striking
``$5,500,000'' and inserting ``$4,000,000'';
and
(v) in clause (v), by striking
``$5,500,000'' and inserting ``$4,000,000''.
(C) Maximum loan limits under microloan program.--
Section 7(m) of the Small Business Act (15 U.S.C.
636(m)) is amended--
(i) in paragraph (1)(B)(iii), by striking
``$50,000'' and inserting ``$35,000'';
(ii) in paragraph (3)(E), by striking
``$50,000'' each place it appears and inserting
``$35,000''; and
(iii) in paragraph (11)(B), by striking
``$50,000'' and inserting ``$35,000''.
(D) Low interest refinancing under the local
development business loan program.--Section 502(7) of
the Small Business Investment Act of 1958 (15 U.S.C.
696(7)) is amended--
(i) in subparagraph (A), by striking ``,
including a financing that does not involve an
expansion of a small business concern,''; and
(ii) by striking subparagraph (C).
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2011. | Small Business Emergency Loan Relief Act of 2009 - Amends the Small Business Act and the Small Business Investment Act of 1958 to raise, until January 1, 2011, the maximum amounts of loans for the benefit of small businesses under the following Small Business Administration (SBA) programs: (1) the 7(a) program (general business loans); (2) the 504 program (loans to state and local development companies to make small business loans for plant acquisition, construction, conversion, or expansion); and (3) the Microloan program (small-scale loans to start-up, newly-established, or growing small businesses).
Allows a small business owner receiving financing under the SBA local development business loan program to refinance, and add to SBA financing costs, a non-SBA indebtedness, as long as the project for which the SBA financing is approved does not involve expansion of the participant's small business.
Amends the American Recovery and Reinvestment Act of 2009 to increase the maximum loan amount authorized for small businesses under the business stabilization program.
Suspends certain SBA loan fees during the period beginning on the date of enactment of this Act and ending on January 1, 2011. | {"src": "billsum_train", "title": "A bill to temporarily raise the limits on certain loans under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes."} | 1,761 | 253 | 0.567754 | 1.55883 | 0.780784 | 2.402597 | 6.281385 | 0.774892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``OLC Reporting Act of 2008''.
SEC. 2. REPORTING.
Section 530D of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) except as provided in paragraph (3), issues
an authoritative legal interpretation (including an
interpretation under section 511, 512, or 513 by the
Attorney General or by an officer, employee, or agency
of the Department of Justice pursuant to a delegation
of authority under section 510) of any provision of any
Federal statute--
``(i) that concludes that the provision is
unconstitutional or would be unconstitutional
in a particular application;
``(ii) that relies for the conclusion of
the authoritative legal interpretation, in
whole or in the alternative, on a determination
that an interpretation of the provision other
than the authoritative legal interpretation
would raise constitutional concerns under
article II of the Constitution of the United
States or separation of powers principles;
``(iii) that relies for the conclusion of
the authoritative legal interpretation, in
whole or in the alternative, on a legal
presumption against applying the provision,
whether during a war or otherwise, to--
``(I) any department or agency
established in the executive branch of
the Federal Government, including the
Executive Office of the President and
the military departments (as defined in
section 101(8) of title 10); or
``(II) any officer, employee, or
member of any department or agency
established in the executive branch of
the Federal Government, including the
President and any member of the Armed
Forces; or
``(iv) that concludes the provision has
been superseded or deprived of effect in whole
or in part by a subsequently enacted statute
where there is no express statutory language
stating an intent to supersede the prior
provision or deprive it of effect; or'';
(B) in paragraph (2), by striking ``For the
purposes'' and all that follows through ``if the
report'' and inserting ``Except as provided in
paragraph (4), a report shall be considered to be
submitted to the Congress for the purposes of paragraph
(1) if the report''; and
(C) by adding at the end the following:
``(3) Direction regarding interpretation.--The submission
of a report to Congress based on the issuance of an
authoritative legal interpretation described in paragraph
(1)(C) shall be discretionary on the part of the Attorney
General or an officer described in subsection (e) if--
``(A) the President or other responsible officer of
a department or agency established in the executive
branch of the Federal Government, including the
Executive Office of the President and the military
departments (as defined in section 101(8) of title 10),
expressly directs that no action be taken or withheld
or policy implemented or stayed on the basis of the
authoritative legal interpretation; and
``(B) the directive described in subparagraph (A)
is in effect.
``(4) Classified information.--
``(A) Submission of report containing classified
information regarding intelligence activities.--Except
as provided in subparagraph (B), if the Attorney
General submits a report relating to an instance
described in paragraph (1) that includes a classified
annex containing information relating to intelligence
activities, the report shall be considered to be
submitted to the Congress for the purposes of paragraph
(1) if--
``(i) the unclassified portion of the
report is submitted to each officer specified
in paragraph (2); and
``(ii) the classified annex is submitted to
the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate and
the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House
of Representatives.
``(B) Submission of report containing certain
classified information about covert actions.--
``(i) In general.--In a circumstance
described in clause (ii), a report described in
that clause shall be considered to be submitted
to the Congress for the purposes of paragraph
(1) if--
``(I) the unclassified portion of
the report is submitted to each officer
specified in paragraph (2); and
``(II) the classified annex is
submitted to--
``(aa) the chairman and
ranking minority member of the
Select Committee on
Intelligence of the Senate;
``(bb) the chairman and
ranking minority member of the
Committee on the Judiciary of
the Senate;
``(cc) the chairman and
ranking minority member of the
Permanent Select Committee on
Intelligence of the House of
Representatives;
``(dd) the chairman and
ranking minority member of the
Committee on the Judiciary of
the House of Representatives;
``(ee) the Speaker and
minority leader of the House of
Representatives; and
``(ff) the majority leader
and minority leader of the
Senate.
``(ii) Circumstances.--A circumstance
described in this clause is a circumstance in
which--
``(I) the Attorney General submits
a report relating to an instance
described in paragraph (1) that
includes a classified annex containing
information relating to a Presidential
finding described in section 503(a) of
the National Security Act of 1947 (50
U.S.C. 413b(a)); and
``(II) the President determines
that it is essential to limit access to
the information described in subclause
(I) to meet extraordinary circumstances
affecting vital interests of the United
States.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) by redesignating paragraph (3) as paragraph
(4);
(C) by inserting after paragraph (2) the following:
``(3) under subsection (a)(1)(C)--
``(A) not later than 30 days after the date on
which the Attorney General, the Office of Legal
Counsel, or any other officer of the Department of
Justice issues the authoritative legal interpretation
of the Federal statutory provision; or
``(B) if the President or other responsible officer
of a department or agency established in the executive
branch of the Federal Government, including the
Executive Office of the President and the military
departments (as defined in section 101(8) of title 10),
issues a directive described in subsection (a)(3) and
the directive is subsequently rescinded, not later than
30 days after the date on which the President or other
responsible officer rescinds that directive; and''; and
(D) in paragraph (4), as so redesignated, by
striking ``subsection (a)(1)(C)'' and inserting
``subsection (a)(1)(D)'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``or of each
approval described in subsection (a)(1)(C)'' and
inserting ``of the issuance of the authoritative legal
interpretation described in subsection (a)(1)(C), or of
each approval described in subsection (a)(1)(D)'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) with respect to a report required under subparagraph
(A), (B), or (C) of subsection (a)(1), specify the Federal
statute, rule, regulation, program, policy, or other law at
issue, and the paragraph and clause of subsection (a)(1) that
describes the action of the Attorney General or other officer
of the Department of Justice;'';
(D) in paragraph (3), as so redesignated--
(i) by striking ``reasons for the policy or
determination'' and inserting ``reasons for the
policy, authoritative legal interpretation, or
determination'';
(ii) by inserting ``issuing such
authoritative legal interpretation,'' after
``or implementing such policy,'';
(iii) by striking ``except that'' and
inserting ``provided that'';
(iv) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(v) by inserting before subparagraph (B),
as so redesignated, the following:
``(A) any classified information shall be provided
in a classified annex, which shall be handled in
accordance with the security procedures established
under section 501(d) of the National Security Act of
1947 (50 U.S.C. 413(d));'';
(vi) in subparagraph (B), as so
redesignated--
(I) by inserting ``except for
information described in paragraph (1)
or (2),'' before ``such details may be
omitted'';
(II) by striking ``national-
security- or classified information, of
any''; and
(III) by striking ``or other law''
and inserting ``or other statute'';
(vii) in subparagraph (C), as so
redesignated--
(I) by redesignating clauses (i)
and (ii) as clauses (ii) and (iii),
respectively;
(II) by inserting before clause
(ii), as so redesignated, the
following:
``(i) in the case of an authoritative legal
interpretation described in subsection
(a)(1)(C), if a copy of the Office of Legal
Counsel or other legal opinion setting forth
the authoritative legal interpretation is
provided;'';
(III) in clause (ii), as so
redesignated, by striking ``subsection
(a)(1)(C)(i)'' and inserting
``subsection (a)(1)(D)(i)''; and
(IV) in clause (iii), as so
redesignated, by striking ``subsection
(a)(1)(C)(ii)'' and inserting
``subsection (a)(1)(D)(ii)''; and
(E) in paragraph (4), as so redesignated, by
striking ``subsection (a)(1)(C)(i)'' and inserting
``subsection (a)(1)(D)(i)''; and
(4) in subsection (e)--
(A) by striking ``(but only with respect to the
promulgation of any unclassified Executive order or
similar memorandum or order)''; and
(B) by inserting ``issues an authoritative
interpretation described in subsection (a)(1)(C),''
after ``policy described in subsection (a)(1)(A),''. | OLC Reporting Act of 2008 - Amends the federal judicial code to require the Attorney General to report to Congress on any instance in which the Attorney General or any officer of the Department of Justice issues an authoritative legal interpretation of any provision of a federal statute that: (1) concludes that the provision is unconstitutional or would be unconstitutional in a particular application; (2) relies for its conclusion on a determination that any other interpretation would raise constitutional concerns under article II of the Constitution or separation of powers principles; (3) relies for its conclusion on a legal presumption against applying the provision to the executive branch or any member thereof; or (4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so.
Provides for the protection of privileged and classified information contained in a report by the Attorney General on the enforcement of laws. | {"src": "billsum_train", "title": "A bill to ensure that Congress is notified when the Department of Justice determines that the Executive Branch is not bound by a statute."} | 2,428 | 208 | 0.576049 | 1.68153 | 0.890401 | 3.290503 | 12.726257 | 0.921788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Loan Enhancement
Act''.
SEC. 2. LOANS FOR PLANT ACQUISITION, CONSTRUCTION, CONVERSION, AND
EXPANSION.
(a) Public Policy Goals.--Section 501(d)(3)(C) of the Small
Business Investment Act of 1958 (15 U.S.C. 695(d)(3)(C)) is amended by
inserting ``or women-owned business development'' before the comma.
(b) Real Estate Appraisals.--Section 502(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(3)) is amended by adding at the
end the following:
``(F) Real estate appraisals.--
``(i) Loans exceeding $250,000.--
Notwithstanding any other provision of law, if
a loan under this section involves the use of
more than $250,000 of the loan proceeds for a
real estate transaction, prior to disbursement
of the loan, the Administrator shall require an
appraisal of the real estate by a State
licensed or certified appraiser.
``(ii) Loans of $250,000 or less.--
Notwithstanding any other provision of law, if
a loan under this subsection involves the use
of $250,000 or less of the loan proceeds for a
real estate transaction, prior to disbursement
of the loan, the participating lender may, in
accordance with the policy of the participating
lender with respect to loans made without a
government guarantee, require an appraisal of
the real estate by a State licensed or
certified appraiser.
``(iii) Definition.--In this subparagraph,
the term `real estate transaction' includes the
acquisition or construction of land or a
building and any improvement to land or to a
building.''.
SEC. 3. SECTION 7(A) LOAN PROGRAM.
(a) Year 2000 Technology Requirements.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended, in the matter preceding
paragraph (1), by inserting ``and to assist small business concerns in
meeting technology requirements for the Year 2000,'' after ``and
working capital,''.
(b) Real Estate Appraisals.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the following:
``(27) Real estate appraisals.--
``(A) Loans exceeding $250,000.--Notwithstanding
any other provision of law, if a loan guaranteed under
this subsection involves the use of more than $250,000
of the loan proceeds for a real estate transaction,
prior to disbursement of the loan, the Administrator
shall require an appraisal of the real estate by a
State licensed or certified appraiser.
``(B) Loans of $250,000 or less.--Notwithstanding
any other provision of law, if a loan guaranteed under
this subsection involves the use of $250,000 or less of
the loan proceeds for a real estate transaction, prior
to disbursement of the loan, the participating lender
may, in accordance with the policy of the participating
lender with respect to loans made without a government
guarantee, require an appraisal of the real estate by a
State licensed or certified appraiser.
``(C) Definition.--In this paragraph, the term
`real estate transaction' includes the acquisition or
construction of land or a building and any improvement
to land or to a building.''.
(c) Interest Rates.--Section 7(a)(4) of the Small Business Act (15
U.S.C. 636(a)(4)) is amended--
(1) by striking ``(4)'' and all that follows through
``Notwithstanding'' and inserting the following:
``(4) Interest rates.--Notwithstanding''; and
(2) by striking subparagraph (B).
SEC. 4. MICROLOAN PROGRAM.
Section 7(m)(3)(D) of the Small Business Act (15 U.S.C.
636(m)(3)(D)) is amended--
(1) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(i) In general.--The Administrator''; and
(2) by striking the second sentence and inserting the
following:
``(ii) Level of loan loss reserve fund.--
``(I) In general.--Subject to
subclause (II), the Administration
shall require the loan loss reserve
fund to be maintained at a level equal
to not more than 15 percent of the
outstanding balance of the microloans
owed to the intermediary.
``(II) Reduction of loan loss
reserve requirement.--After the initial
5 years of an intermediary's
participation in the program under this
subsection, upon the initial request of
the intermediary made at any time after
that period, the Administrator shall
annually conduct a review of the
average annual loss rate of the
intermediary and, if the intermediary
demonstrates to the satisfaction of the
Administrator that the average annual
loss rate for the intermediary during
the preceding 5-year period is less
than 15 percent, and the Administrator
determines that no other factor exists
that is likely to impair the ability of
the intermediary to repay all
obligations owed to the Administration
under this subsection, the
Administrator shall reduce that annual
loan loss reserve requirement to
reflect the actual average annual loss
rate for that intermediary during that
period, except that in no case shall
the loan loss reserve requirement for
an intermediary be reduced to less than
10 percent of the outstanding balance
of the microloans owed to the
intermediary.''. | Small Business Loan Enhancement Act - Amends the Small Business Investment Act (SBIA): (1) to include women-owned business development among the public policy goals for projects eligible for small business development company loans; and (2) to direct the Administrator of the Small Business Adminstration to require an appraisal of real estate if a loan made for plant acquisition, construction, conversion or expansion includes more than $250,000 for a real estate transaction, or to authorize the lender to require such an appraisal if the loan involves the use of $250,000 or less for such a transaction.
Amends the Small Business Act to: (1) authorize loans to small businesses for assistance in meeting Year 2000 technology requirements; and (2) set forth the same real estate appraisal requirements for loans under such Act as prescribed for SBIA loans above.
Repeals provisions concerning the payment of accrued interest with respect to SBA-guaranteed small business loans.
Amends the SBA's Microloan Program to: (1) require its loan loss reserve fund to be maintained at a level equal to not more than 15 percent of the outstanding balance of the microloans owed to the intermediary; and (2) allow such fund to be reduced below such level if the intermediary can demonstrate to the Administrator, after a five-year participation period, that the average loan loss rate during such period is less than 15 percent, and the Administrator determines that no other factors are likely to impair the intermediary's ability to repay all obligations owed to the SBA. Directs the Administrator to then reduce such rate accordingly, except that such rate cannot be reduced to less than ten percent of the outstanding balance of the microloans owed to such intermediary. | {"src": "billsum_train", "title": "Small Business Loan Enhancement Act"} | 1,277 | 368 | 0.626169 | 2.1154 | 0.785301 | 2.762918 | 3.331307 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Tax Relief Act of
2009''.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL DISCRIMINATION.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139B the
following new section:
``SEC. 139C. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
DISCRIMINATION.
``(a) Exclusion.--Gross income does not include amounts received by
a claimant (whether by suit or agreement and whether as lump sums or
periodic payments) on account of a claim of unlawful discrimination (as
defined by section 62(e)).
``(b) Amounts Covered.--For purposes of subsection (a), the term
`amounts' does not include--
``(1) backpay or frontpay, as defined in section 1302(b),
or
``(2) punitive damages.''.
(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 139A the following:
``Sec. 139C. Amounts received on account of certain unlawful
discrimination.''.
(c) Effective Date.--The amendment made by this section shall apply
to amounts received in taxable years beginning after December 31, 2008.
SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND
FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
EMPLOYMENT DISCRIMINATION.
(a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:
``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.
``(a) General Rule.--If employment discrimination backpay or
frontpay is received by a taxpayer during a taxable year, the tax
imposed by this chapter for such taxable year shall not exceed the sum
of--
``(1) the tax which would be so imposed if--
``(A) no amount of such backpay or frontpay were
included in gross income for such year, and
``(B) no deduction were allowed for such year for
expenses (otherwise allowable as a deduction to the
taxpayer for such year) in connection with making or
prosecuting any claim of unlawful employment
discrimination by or on behalf of the taxpayer, plus
``(2) the product of--
``(A) the number of years in the backpay period and
frontpay period, and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the amount on which
such tax is determined were increased by the average
annual net backpay and frontpay amount.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination backpay or frontpay.--The
term `employment discrimination backpay or frontpay' means
backpay or frontpay receivable (whether as lump sums or
periodic payments) on account of a claim of unlawful employment
discrimination.
``(2) Unlawful employment discrimination.--The term
`unlawful employment discrimination' has the meaning provided
the term `unlawful discrimination' in section 62(e).
``(3) Backpay and frontpay.--The terms `backpay' and
`frontpay' mean amounts includible in gross income in the
taxable year--
``(A) as compensation which is attributable--
``(i) in the case of backpay, to services
performed, or that would have been performed
but for a claimed violation of law, as an
employee, former employee, or prospective
employee before such taxable year for the
taxpayer's employer, former employer, or
prospective employer, and
``(ii) in the case of frontpay, to
employment that would have been performed but
for a claimed violation of law, in a taxable
year or taxable years following the taxable
year; and
``(B) which are--
``(i) ordered, recommended, or approved by
any governmental entity to satisfy a claim for
a violation of law, or
``(ii) received from the settlement of such
a claim.
``(4) Backpay period.--The term `backpay period' means the
period during which services are performed (or would have been
performed) to which backpay is attributable. If such period is
not equal to a whole number of taxable years, such period shall
be increased to the next highest number of whole taxable years.
``(5) Frontpay period.--The term `frontpay period' means
the period of foregone employment to which frontpay is
attributable. If such period is not equal to a whole number of
taxable years, such period shall be increased to the next
highest number of whole taxable years.
``(6) Average annual net backpay and frontpay amount.--The
term `average annual net backpay and frontpay amount' means the
amount equal to--
``(A) the excess of--
``(i) employment discrimination backpay and
frontpay, over
``(ii) the amount of deductions that would
have been allowable but for subsection
(a)(1)(B), divided by
``(B) the number of years in the backpay period and
frontpay period.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of such Code is amended by inserting after
section 1301 the following new item:
``Sec. 1302. Income from backpay and frontpay received on account of
certain unlawful employment
discrimination.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2008.
SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT
OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO
INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General.--Section 55(c) of the Internal Revenue Code of 1986
(defining regular tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following:
``(3) Coordination with income averaging for amounts
received on account of employment discrimination.--Solely for
purposes of this section, section 1302 (relating to averaging
of income from backpay or frontpay received on account of
certain unlawful employment discrimination) shall not apply in
computing the regular tax.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008. | Civil Rights Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (either backpay or frontpay or punitive damages) on account of an unlawful discrimination claim; (2) income averaging for backpay and frontpay amounts received from such claims, and (3) an exemption from the alternative minimum tax for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes."} | 1,657 | 101 | 0.664084 | 1.705979 | 1.035343 | 2.909091 | 15.375 | 0.909091 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mickey Leland
Childhood Hunger Relief Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. References to Act.
TITLE I--ENSURING ADEQUATE FOOD ASSISTANCE
Sec. 101. Families with high shelter expenses.
Sec. 102. Basic benefit level.
Sec. 103. Continuing benefits to eligible households.
Sec. 104. Homeless families in transitional housing.
Sec. 105. Improving the nutritional status of children in Puerto Rico.
Sec. 106. Households benefiting from general assistance vendor
payments.
Sec. 107. Helping low-income high school students.
TITLE II--PROMOTING SELF-SUFFICIENCY
Sec. 201. Child support disregard.
Sec. 202. Child support payments to non-household members.
Sec. 203. Vehicles needed to seek and continue employment and for
household transportation.
Sec. 204. Vehicles necessary to carry fuel or water.
Sec. 205. Improving access to employment and training activities.
TITLE III--SIMPLIFYING THE PROVISION OF FOOD ASSISTANCE
Sec. 301. Simplifying the household definition for households with
children and others.
Sec. 302. Resources of households with disabled members.
Sec. 303. Assuring adequate funding for the food stamp program.
TITLE IV--COMMODITY DISTRIBUTION TO NEEDY FAMILIES
Sec. 401. Commodity purchases.
TITLE V--IMPLEMENTATION AND EFFECTIVE DATES
Sec. 501. Effective dates.
Sec. 502. Budget neutrality requirement.
SEC. 2. REFERENCES TO ACTS.
Except as otherwise specifically provided herein, references to
``the Act'' and sections thereof shall be deemed to be references to
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and the sections
thereof.
TITLE I--ENSURING ADEQUATE FOOD ASSISTANCE
SEC. 101. FAMILIES WITH HIGH SHELTER EXPENSES.
(a) Removal of Cap.--(1) The fourth sentence of section 5(e) of the
Food Stamp Act of 1977 (hereinafter referred to as ``the Act'') (7
U.S.C. 2014(e)) is amended by striking ``: Provided, That the amount''
and all that follows through ``June 30''.
(2) The fifth sentence of section 5(e) of the Act (7 U.S.C.
2014(e)) is amended by striking ``under clause (2) of the preceding
sentence''.
(b) Transitional Cap.--(1) Effective on the date of enactment of
this Act, section 5(e) of the Act is amended by inserting after the
fourth sentence the following: ``In the 12-month period ending
September 30, 1994, such excess shelter expense deduction shall not
exceed $230 a month in the forty-eight contiguous States and the
District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam,
and the Virgin Islands of the United States, $400, $328, $279, and $170
a month, respectively; in the 12-month period ending September 30,
1995, shall not exceed $260 a month in the forty-eight contiguous
States and the District of Columbia, and shall not exceed, in Alaska,
Hawaii, Guam, and the Virgin Islands of the United States, $452, $371,
$315, and $192 a month, respectively; in the 12-month period ending
September 30, 1996, shall not exceed $300 a month in the forty-eight
contiguous States and the District of Columbia, and shall not exceed,
in Alaska, Hawaii, Guam, and the Virgin Islands of the United States,
$521, $420, $364, and $221 a month, respectively; and in the 12-month
period ending September 30, 1997, shall not exceed $360 a month in the
forty-eight contiguous States and the District of Columbia, and shall
not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the
United States, $626, $514, $437, and $266 a month, respectively.''.
(2) Effective October 1, 1997, section 5(e) of the Act (7 U.S.C.
2014(e)) is amended by striking the fifth sentence.
SEC. 102. BASIC BENEFIT LEVEL.
Section 3(o) of the Act (7 U.S.C. 2012(o)) is amended by striking
``(4) through'' and all that follows through the end of the subsection,
and inserting the following: ``(4) on October 1, 1993, adjust the cost
of such diet to reflect 103\1/3\ percent of the cost of thrifty food
plan in the preceding June (without regard to adjustments made under
clauses (9), (10), and (11) of this subsection as in effect before the
date of the enactment of the Mickey Leland Childhood Hunger Relief
Act), as determined by the Secretary, and round the result to the
nearest lower dollar increment for each household size, (5) on October
1, 1994, adjust the cost of such diet to reflect 103\2/3\ percent of
the cost of the thrifty food plan in the preceding June (without regard
to adjustments made under such clauses (9), (10), and (11) and under
clause (4)), as determined by the Secretary, and round the result to
the nearest lower dollar increment for each household size, (6) on
October 1, 1995, adjust the cost of such diet to reflect 104 percent of
the cost of the thrifty food plan in the preceding June (without regard
to adjustments made under such clauses (9), (10), and (11) and under
clauses (4) and (5)), as determined by the Secretary, and round the
result to the lowest dollar increment for each household size, (7) on
October 1, 1996, adjust the cost of such diet to reflect 104\1/3\
percent of the cost of the thrifty food plan in the preceding June
(without regard to adjustments made under such clauses (9), (10), and
(11) and under clauses (4), (5), and (6)), as determined by the
Secretary, and round the result to the nearest lower dollar increment
for each household size, (8) on October 1, 1997, adjust the cost of
such diet to reflect 104\2/3\ percent of the cost of the thrifty food
plan in the preceding June (without regard to adjustments made under
such clauses (9), (10), and (11) and under clauses (4), (5), (6), and
(7)), as determined by the Secretary, and round the result to the
nearest lower dollar increment for each household size, and (9) on
October 1, 1998, and on every October 1 thereafter, adjust the cost of
such diet to reflect 105 percent of the cost of the thrifty food plan
in the preceding June (without regard to previous adjustments made
under such clauses (9), (10), and (11), under clauses (4), (5), (6),
(7), and (8), and under this clause), as determined by the Secretary,
and round the result to the nearest lower dollar increment for each
household size.''.
SEC. 103. CONTINUING BENEFITS TO ELIGIBLE HOUSEHOLDS.
Section 8(c)(2)(B) of the Act (7 U.S.C. 2017(c)(2)(B)) is amended
by inserting ``of more than one month in'' after ``following any
period''.
SEC. 104. HOMELESS FAMILIES IN TRANSITIONAL HOUSING.
Section 5(k)(2)(F) of the Act (7 U.S.C. 2014(k)(2)(F)) is amended
to read as follows:
``(F) housing assistance payments made to a third party on
behalf of a household residing in transitional housing for the
homeless;''.
SEC. 105. IMPROVING THE NUTRITIONAL STATUS OF CHILDREN IN PUERTO RICO.
Section 19(a)(1)(A) of the Act (7 U.S.C. 2028(a)(1)(A)) is amended:
(1) by striking ``$1,091,000,000'' and inserting
``$1,111,000,000''; and
(2) by striking ``$1,133,000,000'' and inserting
``$1,158,000,000''.
SEC. 106. HOUSEHOLDS BENEFITING FROM GENERAL ASSISTANCE VENDOR
PAYMENTS.
Section 5(k)(1)(B) of the Act (7 U.S.C. 2014(k)(1)(B)) is amended
to read as follows:
``(B) a benefit payable to the household for housing
expenses, not including energy or utility-cost assistance,
under--
``(i) a State or local general assistance program;
or
``(ii) another basic assistance program comparable
to general assistance (as determined by the
Secretary).''.
SEC. 107. HELPING LOW-INCOME HIGH SCHOOL STUDENTS.
Section 5(d)(7) is amended by striking ``, who is a student, and
who has not attained his eighteenth birthday'' and inserting ``and who
is an elementary or secondary student''.
TITLE II--PROMOTING SELF-SUFFICIENCY
SEC. 201. CHILD SUPPORT DISREGARD.
Section 5 of the Act (7 U.S.C. 2014) is amended--
(1) in clause (13) of subsection (d)--
(A) by striking ``at the option'' and all that
follows through ``subsection (m),'' and inserting
``(A)''; and
(B) by adding at the end the following: ``and (B)
the first $50 of any child support payments for each
month received in that month, and the first $50 of
child support of each month received in that month if
such payments were made by the absent parent in the
month when due,''; and
(2) by striking subsection (m).
SEC. 202. CHILD SUPPORT PAYMENTS TO NON-HOUSEHOLD MEMBERS.
Section 5(d)(6) of the Act (7 U.S.C. 2014(d)(6)) is amended by
striking the comma at the end and inserting the following: ``:
Provided, That child support payments made by a household member to or
for a person who is not a member of the household shall be excluded
from the income of the household of the person making such payments if
such household member was legally obligated to make such payments,''.
SEC. 203. VEHICLES NEEDED TO SEEK AND CONTINUE EMPLOYMENT AND FOR
HOUSEHOLD TRANSPORTATION.
Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by
striking $4,500'' and inserting the following: ``a level set by the
Secretary, which shall be $4,500 through September 30, 1993, and which
shall be adjusted from $4,500 on October 1, 1993, and on each October 1
thereafter, to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics, for new
cars, for the 12-month period ending the preceding June 30, and rounded
to the nearest $50''.
SEC. 204. VEHICLES NECESSARY TO CARRY FUEL OR WATER.
Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by
adding at the end the following: ``The Secretary shall exclude from
financial resources the value of a vehicle that a household depends
upon to carry fuel for heating or water for home use when such
transported fuel or water is the primary source of fuel or water for
the household.''.
SEC. 205. IMPROVING ACCESS TO EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Dependent Care Deduction.--Section 5(e) of the Act (7 U.S.C.
2014(e)) is amended in clause (1) of the fourth sentence--
(1) by striking ``$160 a month for each dependent'' and
inserting ``$200 a month for a dependent child under age 2 and
$175 a month for any other dependent''; and
(2) by striking ``, regardless of the dependent's age,''.
(b) Reimbursements to Participants.--(1) Section 6(d)(4)(I)(i)(I)
of the Act (7 U.S.C. 2015(d)(4)(I)(i)(I)) is amended by striking
``$25'' and inserting ``$75''.
(2) Subclause (II) of section 6(d)(4)(I)(i) of the Act (7 U.S.C.
2015(d)(4)(I)(i)(II)) is amended by striking ``reimbursements exceed
$160'' and all that follows through the end of such subclause, and
inserting ``reimbursements exceed the applicable local market rate as
determined by procedures consistent with any such determination under
the Social Security Act. Individuals subject to the program under this
paragraph may not be required to participate if dependent care costs
exceed the limit established by the State agency under this paragraph
(which limit shall not be less than the limit for the dependent care
deduction under section 5(e)).''.
(c) Reimbursements to State Agencies.--Section 16(h)(3) of the Act
(7 U.S.C. 2025(h)(3)) is amended--
(1) by striking ``$25'' and all that follows through
``dependent care costs)'' and inserting ``the payment made
under section 6(d)(4)(I)(i)(I) but not more than $75 per
participant per month''; and
(2) by striking ``representing $160 per month per
dependent'' and inserting ``equal to the payment made under
section 6(d)(4)(I)(i)(II) but not more than the applicable
local market rate''.
TITLE III--SIMPLIFYING THE PROVISION OF FOOD ASSISTANCE
SEC. 301. SIMPLIFYING THE HOUSEHOLD DEFINITION FOR HOUSEHOLDS WITH
CHILDREN AND OTHERS.
The first sentence of section 3(i) of the Act (7 U.S.C. 2012(i)) is
amended--
(1) by striking ``(2)'' and inserting ``or (2)'';
(2) by striking ``, or (3) a parent of minor children and
that parent's children'' and all that follows through ``parents
and children, or siblings,'' and inserting ``. Parents and
their minor children who live together and spouses''; and
(3) by striking ``, unless one of'' and all that follows
through ``disabled member''.
SEC. 302. RESOURCES OF HOUSEHOLDS WITH DISABLED MEMBERS.
Section 5(g)(1) of the Act (7 U.S.C. 2014(g)(1)) is amended by
striking ``a member who is 60 years of age or older,'' and inserting
``an elderly or disabled member,''.
SEC. 303. ASSURING ADEQUATE FUNDING FOR THE FOOD STAMP PROGRAM.
Section 18 of the Act (7 U.S.C. 2027) is amended by striking
subsections (b), (c), and (d) and redesignating subsections (e) and (f)
as subsections (b) and (c), respectively.
TITLE IV--COMMODITY DISTRIBUTION TO NEEDY FAMILIES.
SEC. 401--COMMODITY PURCHASES.
Section 214(e) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 612c note) is amended--
(1) by striking ``$175,000,000'' and all that follows
through ``1992, and'';
(2) by inserting after the first sentence the following:
``During fiscal year 1994, the Secretary shall spend $220,000,000 to
purchase, process, and distribute additional commodities under this
section.''; and
(3) in the last sentence by striking ``1991 through'' and
inserting ``1993 and''.
TITLE V--IMPLEMENTATION AND EFFECTIVE DATES
SEC. 501. EFFECTIVE DATES.
(a) General Effective Date.--Except as otherwise provided in this
Act, the provisions of this Act shall become effective and be
implemented on October 1, 1993.
(b) Special Effective Date.--Sections 103, 106, 201, 202, 204, 205,
301, and 302 of this Act shall become effective and be implemented on
July 1, 1994.
SEC. 502. BUDGET NEUTRALITY REQUIREMENT.
None of the provisions of this Act shall become effective unless
the costs are fully offset in each fiscal year through fiscal year
1998. No agriculture price or income support program administered
through the Commodity Credit Corporation under the Agricultural Act of
1949 may be reduced to achieve such offset. | TABLE OF CONTENTS:
Title I: Ensuring Adequate Food Assistance
Title II: Promoting Self-Sufficiency
Title III: Simplifying the Provision of Food Assistance
Title IV: Commodity Distribution to Needy Families
Title V: Implementation and Effective Dates
Mickey Leland Childhood Hunger Relief Act -
Title I: Ensuring Adequate Food Assistance
- Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility.
Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan.
Eliminates food stamp reductions for certain reapplying households.
Excludes third party payments for transitional housing for the homeless from consideration as program income.
Increases funding for the nutrition assistance program in Puerto Rico.
Excludes general assistance vendor payments from consideration as program income.
Excludes the income of high school students from consideration as program income.
Title II: Promoting Self-Sufficiency
- Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members.
Increases annually the fair market value limit of vehicles that program recipients may own.
Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use when transported fuel or water is the household's primary source of such item.
Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities.
Title III: Simplifying the Provision of Food Assistance
- Permits related adults living in the same household to apply for separate program benefits under specified conditions.
Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources.
Repeals provisions authorizing benefit reductions due to insufficient funding.
Title IV: Commodity Distribution to Needy Families
- Amends the Emergency Food Assistance Act of 1983 with respect to the Secretary of Agriculture's spending authority for the temporary emergency food assistance program.
Title V: Implementation and Effective Dates
- Sets forth the effective dates for provisions of this Act. | {"src": "billsum_train", "title": "Mickey Leland Childhood Hunger Relief Act"} | 3,942 | 498 | 0.645126 | 2.203955 | 0.753131 | 2.608989 | 7.442697 | 0.820225 |
SECTION 1. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS
WHO PERFORM ACTIVE SERVICE.
(a) Establishment of Program.--Part IV of subtitle E of title 10,
United States Code, is amended by inserting after chapter 1606 the
following new chapter:
``CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
`` Sec.
``16161. Purpose.
``16162. Educational assistance program.
``16163. Eligibility for educational assistance.
``16164. Time limitation for use of entitlement.
``16165. Termination of assistance.
``16166. Administration of program.
``Sec. 16161. Purpose
``The purpose of this chapter is to provide educational assistance
to members of the reserve components who have been called or ordered to
active service in response to a war or national emergency declared by
the President or the Congress, in recognition of the sacrifices that
those members make in answering the call to duty.
``Sec. 16162. Educational assistance program
``(a) Program Establishment.-- The Secretary of each military
department, under regulations prescribed by the Secretary of Defense,
and the Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, shall establish and
maintain a program as prescribed in this chapter to provide educational
assistance to members of the Ready Reserve of the armed forces under
the jurisdiction of the Secretary concerned.
``(b) Authorized Education Programs.--Educational assistance may be
provided under this chapter for pursuit of any program of education
that is an approved program of education for purposes of chapter 30 of
title 38.
``(c) Benefit Amount.--(1) The educational assistance program
established under subsection (a) shall provide for payment by the
Secretary concerned, through the Secretary of Veterans Affairs, an
educational assistance allowance to each member entitled to educational
assistance under this chapter who is pursuing a program of education
authorized under subsection (b).
``(2) The educational assistance allowance provided under this
chapter shall be based on the applicable percent under paragraph (4) to
the applicable rate provided under section 3015 of title 38 for a
member whose entitlement is based on completion of an obligated period
of active duty of three years.
``(3) The educational assistance allowance provided under this
section for a person who is undertaking a program for which a reduced
rate is specified in chapter 30 of title 38, that rate shall be further
adjusted by the applicable percent specified in paragraph (4).
``(4) The adjusted educational assistance allowance under paragraph
(2) or (3), as applicable, shall be--
``(A) 40 percent in the case of a member of a reserve
component who performed active service for 90 consecutive days
but less than one continuous year;
``(B) 60 percent in the case of a member of a reserve
component who performed active service for one continuous year
but less than two continuous years; or
``(C) 80 percent in the case of a member of a reserve
component who performed active service for two continuous years
or more.
``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of
title 38, the maximum number of months of educational assistance that
may be provided to any member under this chapter is 36 (or the
equivalent thereof in part-time educational assistance).
``(2)(A) Notwithstanding any other provision of this chapter or
chapter 36 of title 38, any payment of an educational assistance
allowance described in subparagraph (B) of this paragraph shall not--
``(i) be charged against the entitlement of any individual
under this chapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of title 38 limits an individual's receipt of
assistance.
``(B) The payment of the educational assistance allowance referred
to in subparagraph (A) of this paragraph is the payment of such an
allowance to the individual for pursuit of a course or courses under
this chapter if the Secretary of Veterans Affairs finds that the
individual--
``(i) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of this title; and
``(ii) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having to
discontinue, as described in clause (i), the individual's
course pursuit.
``(C) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
title 38 shall not exceed the portion of the period of enrollment in
the course or courses for which the individual failed to receive credit
or with respect to which the individual lost training time, as
determined under subparagraph (B)(ii).
``Sec. 16163. Eligibility for educational assistance
``(a) Eligibility.--On or after September 11, 2001, a member of a
reserve component is entitled to educational assistance under this
chapter if the member--
``(1) served on active duty in support of a contingency
operation for 90 consecutive days or more; or
``(2) in the case of a member of the Army National Guard of
the United States or Air National Guard of the United States,
performed full time National Guard duty under section 502(f) of
title 32 for 90 consecutive days or more when authorized by the
President or Secretary of Defense for the purpose of responding
to a national emergency declared by the President and supported
by Federal funds.
``(b) Disabled Members.--Notwithstanding the eligibility
requirements in subsection (a), a member who was ordered to active
service as prescribed under subsection (a)(1) or (a)(2) but is released
from duty before completing 90 consecutive days because of an injury,
illness or disease incurred or aggravated in the line of duty shall be
entitled to educational assistance under this chapter at the rate
prescribed in section 16162(b)(2)(A) of this title.
``(c) Written Notification.--(1) Each member who becomes entitled
to educational assistance under subsection (a) shall be given a
statement in writing prior to release from active service that
summarizes the provisions of this chapter and stating clearly and
prominently the substance of sections 16165 and 16166 of this title as
such sections may apply to the member.
``(2) At the request of the Secretary of Veterans Affairs, the
Secretary concerned shall transmit a notice of entitlement for each
such member to that Secretary.
``(d) Bar From Dual Eligibility.--A member who qualifies for
educational assistance under this chapter may not receive credit for
such service under both the program established by chapter 30 of title
38 and the program established by this chapter but shall make an
irrevocable election (in such form and manner as the Secretary of
Veterans Affairs may prescribe) as to the program to which such service
is to be credited.
``(e) Bar From Duplication of Educational Assistance Allowance.--
(1) Except as provided in paragraph (2), an individual entitled to
educational assistance under this chapter who is also eligible for
educational assistance under chapter 1606 of this title, chapter 30,
31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance
under more than one such programs and shall elect (in such form and
manner as the Secretary concerned may prescribe) under which program
the member elects to receive educational assistance.
``(2) The restriction on duplication of educational assistance
under paragraph (1) does not apply to the entitlement of educational
assistance under section 16131(i) of this title.
``Sec. 16164. Time limitation for use of entitlement
``(a) Duration of Entitlement.--Except as provided in subsection
(b), a member remains entitled to educational assistance under this
chapter while serving--
``(1) in the Selected Reserve of the Ready Reserve, in the
case of a member was called or ordered to active service while
serving in the Selected Reserve; or
``(2) in the Ready Reserve, in the case of a member was
ordered to active duty while serving in the Ready Reserve
(other than the Selected Reserve).
``(b) Duration of Entitlement for Disabled Members.--(1) In the
case of a person who is separated from the Ready Reserve because of a
disability which was not the result of the individual's own willful
misconduct incurred on or after the date on which such person became
entitled to educational assistance under this chapter, such person's
entitlement to educational assistance expires at the end of the 10-year
period beginning on the date on which such person became entitled to
such assistance.
``(2) The provisions of subsections (d) and (f) of section 3031 of
title 38 shall apply to the period of entitlement prescribed by
paragraph (1).
``Sec. 16165. Termination of assistance
``Educational assistance may not be provided under this chapter, or
if being provided under this chapter, shall be terminated--
``(1) if the member is receiving financial assistance under
section 2107 of this title as a member of the Senior Reserve
Officers' Training Corps program; or
``(2) when the member separates from the Ready Reserve, as
provided under section 16164(a)(1) or section 16164(a)(2), as
applicable, of this title.
``Sec. 16166. Administration of program
``(a) Administration.--Educational assistance under this chapter
shall be provided through the Department of Veterans Affairs, under
agreements to be entered into by the Secretary of Defense, and by the
Secretary of Homeland Security, with the Secretary of Veterans Affairs.
Such agreements shall include administrative procedures to ensure the
prompt and timely transfer of funds from the Secretary concerned to the
Department of Veterans Affairs for the making of payments under this
chapter.
``(b) Program Management.--Except as otherwise provided in this
chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476,
3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I
and II of chapter 36 of such title (with the exception of sections
3686(a), 3687, and 3692) shall be applicable to the provision of
educational assistance under this chapter. The term `eligible veteran'
and the term `person', as used in those provisions, shall be deemed for
the purpose of the application of those provisions to this chapter to
refer to a person eligible for educational assistance under this
chapter.
``(c) Flight Training.--The Secretary of Veterans Affairs may
approve the pursuit of flight training (in addition to a course of
flight training that may be approved under section 3680A(b) of title
38) by an individual entitled to educational assistance under this
chapter if--
``(1) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the
field of aviation;
``(2) the individual possesses a valid private pilot
certificate and meets, on the day the member begins a course of
flight training, the medical requirements necessary for a
commercial pilot certificate; and
``(3) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by
the Federal Aviation Administration and the State approving
agency.
``(d) Trust Fund.--Amounts for payments for benefits under this
chapter shall be derived from the Department of Defense Education
Benefits Fund under section 2006 of this title.''.
(b) Conforming Amendments.--(1) Section 2006(b) of such title is
amended--
(A) in paragraph (1), by striking ``chapter 1606'' and
inserting ``chapters 1606 and 1607, including funds provided by
the Secretary of Homeland Security for education liabilities
for the Coast Guard when it is not operating as a service in
the Department of the Navy''; and
(B) in paragraph (2)(C), by striking ``for educational
assistance under chapter 1606'' and inserting ``(including
funds from the Department in which the Coast Guard is
operating) for educational assistance under chapters 1606 and
1607''.
(2) Section 3695(a)(5) of title 38, United States Code, is amended
by inserting ``1607,'' after ``1606,''.
(c) Clerical Amendment.--The tables of chapters at the beginning of
subtitle E of title 10, United States Code, and at the beginning of
part IV of such subtitle, are amended by inserting after the item
relating to chapter 1606 the following new item:
``1607. Educational Assistance for Reserve Component Members 16161''.
Supporting Contingency
Operations and Certain Other
Operations. | Requires the Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to establish a program as prescribed in this Act to provide educational assistance to members of the Ready Reserve of the Armed Forces under the jurisdiction of the Secretary concerned.
Makes eligible for such benefits on or after September 11, 2001, members of Reserve components who: (1) served on active duty in support of contingency operations for at least 90 consecutive days; or (2) in the case of an Army or Air National Guard member, performed full time duty for at least 90 consecutive days for the purpose of responding to a national emergency declared by the President and supported by Federal funds. Creates an exception to the 90-day requirement for members released from duty because of injury, illness, or disease incurred or aggravated in the line of duty.
States that members remain entitled to such educational assistance if ordered to active duty while serving in the Selected Reserve or the Ready Reserve. Terminates educational assistance for disabled members 10 years from the date of entitlement.
Requires educational assistance under this Act to be provided through the Department of Veterans Affairs. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for a new program of educational assistance for certain reserve component members of the Armed Forces who perform active service."} | 2,809 | 249 | 0.613487 | 1.761301 | 0.767006 | 5.310638 | 11.391489 | 0.961702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Veterans Exposed to Burn
Pits Act''.
SEC. 2. ESTABLISHMENT OF CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH
CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER
ENVIRONMENTAL EXPOSURES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330C. Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of health
conditions relating to exposure to burn pits and other
environmental exposures
``(a) Establishment.--(1) The Secretary shall establish within the
Department a center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of health conditions relating
to exposure to burn pits and other environmental exposures to carry out
the responsibilities specified in subsection (d).
``(2) The Secretary shall establish the center of excellence under
paragraph (1) through the use of--
``(A) the directives and policies of the Department in
effect as of the date of the enactment of the Helping Veterans
Exposed to Burn Pits Act;
``(B) the recommendations of the Comptroller General of the
United States and Inspector General of the Department in effect
as of such date; and
``(C) guidance issued by the Secretary of Defense under
section 313 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1074 note).
``(b) Selection of Site.--In selecting the site for the center of
excellence established under subsection (a), the Secretary shall
consider entities that--
``(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
``(2) have a track record of publishing information
relating to post-deployment health exposures among veterans who
served in the Armed Forces in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
``(3) have access to animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
``(4) have expertise in allergy, immunology, and pulmonary
diseases.
``(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
``(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
``(1) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of health conditions relating to exposure to burn
pits and other environmental exposures.
``(2) To provide guidance for the health systems of the
Department and the Department of Defense in determining the
personnel required to provide quality health care for members
of the Armed Forces and veterans with health conditions
relating to exposure to burn pits and other environmental
exposures.
``(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department and the
Department of Defense in the treatment of health conditions
relating to exposure to burn pits and other environmental
exposures.
``(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
``(5) To disseminate within medical facilities of the
Department best practices for training health professionals
with respect to health conditions relating to exposure to burn
pits and other environmental exposures.
``(6) To conduct basic science and translational research
on health conditions relating to exposure to burn pits and
other environmental exposures for the purposes of understanding
the etiology of such conditions and developing preventive
interventions and new treatments.
``(7) To provide medical treatment to veterans diagnosed
with medical conditions specific to exposure to burn pits and
other environmental exposures.
``(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center of excellence shall
have access to and make use of the data accumulated by the burn pits
registry established under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
``(f) Definitions.--In this section:
``(1) The term `burn pit' means an area of land located in
Afghanistan or Iraq that--
``(A) is designated by the Secretary of Defense to
be used for disposing solid waste by burning in the
outdoor air; and
``(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
``(2) The term `other environmental exposures' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.
``(g) Funding.--(1) There is authorized to be appropriated to carry
out this section $4,100,000 for each of the first five fiscal years
beginning after the date of the enactment of the Helping Veterans
Exposed to Burn Pits Act.
``(2) The Secretary may award additional amounts on a competitive
basis to the center of excellence from the medical and prosthetics
research account of the Department for the purpose of conducting
research under this section relating to clinical and scientific
investigation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330B the following new item:
``7330C. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of health
conditions relating to exposure to burn
pits and other environmental exposures.''. | Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the center's site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; have a track record of publishing information on post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; have access to animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such operations; and have expertise in allergy, immunology, and pulmonary diseases. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals, provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions, establish, and oversee a program to train VA and DOD health professionals in the treatment of such conditions, facilitate advancements in the study of the short-term and long-term effects of such exposure, conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments, and provide medical treatment to veterans diagnosed with medical conditions specific to exposure to burn pits and other environmental exposures. The center shall have access to and make use of the data accumulated by the burn pits registry. | {"src": "billsum_train", "title": "Helping Veterans Exposed to Burn Pits Act"} | 1,390 | 398 | 0.755293 | 2.702867 | 0.8115 | 5.668493 | 3.50411 | 0.928767 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Child Summer Hunger Act of
2014''.
SEC. 2. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
Section 13(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761(a)) is amended by adding at the end the following:
``(13) Summer electronic benefits transfer for children
program.--
``(A) Definitions.--In this paragraph:
``(i) Eligible household.--The term
`eligible household' means a household that
includes 1 or more children who are eligible to
receive free or reduced price lunches under
this Act or free or reduced price breakfasts
under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
``(ii) Summer ebt card.--The term `summer
EBT card' means an electronic benefit transfer
card that is issued to an eligible household
under this paragraph and limited to food
purchases.
``(B) Program.--The Secretary shall establish a
program under which the Secretary shall provide to
eligible households summer EBT cards for the purpose of
providing access to food for children during summer
months--
``(i) to reduce or eliminate the food
insecurity and hunger of children; and
``(ii) to improve the nutritional status of
children.
``(C) Use.--An eligible household may use a summer
EBT card only to purchase food from retail food stores
that have been approved for participation in the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), in accordance with section 7(b) of that Act
(7 U.S.C. 2016(b)).
``(D) Amount.--Each summer EBT card issued shall be
in an amount of--
``(i) for calendar year 2016, $150 in food
assistance per child per summer; and
``(ii) for each subsequent calendar year,
the amount specified in clause (i) as adjusted
to reflect changes in reimbursement rates for
school meals under this Act between calendar
year 2016 and the most recent calendar year.
``(E) Timing.--Summer EBT cards shall be issued at
the end of the regular school year.
``(F) Funding.--
``(i) In general.--On October 1, 2015, and
on each October 1 thereafter, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary such sums as are necessary to carry
out this section, to remain available until
expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section
the funds transferred under clause (i), without
further appropriation.
``(G) Regulations.--
``(i) In general.--Not later than October
1, 2015, the Secretary shall issue regulations
to carry out this paragraph.
``(ii) Requirements.--Regulations issued
under this subparagraph shall require that--
``(I) children shall be eligible to
participate and shall be enrolled into
the program under this paragraph for a
summer without further application if
the children are enrolled to
participate in the free or reduced
price lunch program under this Act or
the free or reduced price breakfast
program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) during
the school year immediately preceding
the summer; and
``(II) local educational agencies
shall distribute to the families of all
children enrolled in schools
participating in programs authorized
under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.)
and, to the maximum extent practicable,
the families of all children enrolled
in schools of the local educational
agency information, as provided by the
Secretary,--
``(aa) regarding the
program authorized under this
paragraph, including
eligibility rules and how
children in eligible households
that are not automatically
enrolled under subclause (I)
may apply for program benefits;
and
``(bb) to assist households
receiving summer EBT cards in
making healthy food choices and
maximizing resources.
``(iii) Alternative timing.--
``(I) In general.--In issuing
regulations under this subparagraph,
the Secretary shall allow alternative
plans for the timing of issuance of the
summer electronic benefit cards under
subparagraph (D) in any part of a State
in which the school year does not
include a typical summer break, on the
condition that the Secretary determines
that no alternative plan increases or
decreases Federal costs.
``(II) Considerations.--In
developing regulations under subclause
(I), the Secretary shall consider the
ability of a State effectively to issue
benefits under an alternative
schedule.''.
SEC. 3. DEFER DEDUCTION OF INTEREST EXPENSE RELATED TO DEFERRED INCOME.
(a) In General.--Section 163 of the Internal Revenue Code of 1986
(relating to deductions for interest expense) is amended by
redesignating subsection (n) as subsection (o) and by inserting after
subsection (m) the following new subsection:
``(n) Deferral of Deduction for Interest Expense Related to
Deferred Income.--
``(1) General rule.--The amount of foreign-related interest
expense of any taxpayer allowed as a deduction under this
chapter for any taxable year shall not exceed an amount equal
to the applicable percentage of the sum of--
``(A) the taxpayer's foreign-related interest
expense for the taxable year, plus
``(B) the taxpayer's deferred foreign-related
interest expense.
For purposes of this paragraph, the applicable percentage is
the percentage equal to the current inclusion ratio.
``(2) Treatment of deferred deductions.--If, for any
taxable year, the amount of the limitation determined under
paragraph (1) exceeds the taxpayer's foreign-related interest
expense for the taxable year, there shall be allowed as a
deduction for the taxable year an amount equal to the lesser
of--
``(A) such excess, or
``(B) the taxpayer's deferred foreign-related
interest expense.
``(3) Definitions and special rule.--For purposes of this
subsection--
``(A) Foreign-related interest expense.--The term
`foreign-related interest expense' means, with respect
to any taxpayer for any taxable year, the amount which
bears the same ratio to the amount of interest expense
for such taxable year allocated and apportioned under
sections 861, 864(e), and 864(f) to income from sources
outside the United States as--
``(i) the value of all stock held by the
taxpayer in all section 902 corporations with
respect to which the taxpayer meets the
ownership requirements of subsection (a) or (b)
of section 902, bears to
``(ii) the value of all assets of the
taxpayer which generate gross income from
sources outside the United States.
``(B) Deferred foreign-related interest expense.--
The term `deferred foreign-related interest expense'
means the excess, if any, of the aggregate foreign-
related interest expense for all prior taxable years
beginning after December 31, 2014, over the aggregate
amount allowed as a deduction under paragraphs (1) and
(2) for all such prior taxable years.
``(C) Value of assets.--Except as otherwise
provided by the Secretary, for purposes of subparagraph
(A)(ii), the value of any asset shall be the amount
with respect to such asset determined for purposes of
allocating and apportioning interest expense under
sections 861, 864(e), and 864(f).
``(D) Current inclusion ratio.--The term `current
inclusion ratio' means, with respect to any domestic
corporation which meets the ownership requirements of
subsection (a) or (b) of section 902 with respect to
one or more section 902 corporations for any taxable
year, the ratio (expressed as a percentage) of--
``(i) the sum of all dividends received by
the domestic corporation from all such section
902 corporations during the taxable year plus
amounts includible in gross income under
section 951(a) from all such section 902
corporations, in each case computed without
regard to section 78, divided by
``(ii) the aggregate amount of post-1986
undistributed earnings.
``(E) Aggregate amount of post-1986 undistributed
earnings.--The term `aggregate amount of post-1986
undistributed earnings' means, with respect to any
domestic corporation which meets the ownership
requirements of subsection (a) or (b) of section 902
with respect to one or more section 902 corporations,
the domestic corporation's pro rata share of the post-
1986 undistributed earnings (as defined in section
902(c)(1)) of all such section 902 corporations.
``(F) Foreign currency conversion.--For purposes of
determining the current inclusion ratio, and except as
otherwise provided by the Secretary, the aggregate
amount of post-1986 undistributed earnings for the
taxable year shall be determined by translating each
section 902 corporation's post-1986 undistributed
earnings into dollars using the average exchange rate
for such year.
``(G) Section 902 corporation.--The term `section
902 corporation' has the meaning given to such term by
section 909(d)(5).
``(4) Treatment of affiliated groups.--The current
inclusion ratio of each member of an affiliated group (as
defined in section 864(e)(5)(A)) shall be determined as if all
members of such group were a single corporation.
``(5) Application to separate categories of income.--This
subsection shall be applied separately with respect to the
categories of income specified in section 904(d)(1).
``(6) Regulations.--The Secretary may prescribe such
regulations or other guidance as is necessary or appropriate to
carry out the purposes of this subsection, including
regulations or other guidance providing--
``(A) for the proper application of this subsection
with respect to changes in ownership of a section 902
corporation,
``(B) that certain corporations that otherwise
would not be members of the affiliated group will be
treated as members of the affiliated group for purposes
of this subsection,
``(C) for the proper application of this subsection
with respect to the taxpayer's share of a deficit in
earnings and profits of a section 902 corporation,
``(D) for appropriate adjustments to the
determination of the value of stock in any section 902
corporation for purposes of this subsection or to the
foreign-related interest expense to account for income
that is subject to tax under section 882(a)(1), and
``(E) for the proper application of this subsection
with respect to interest expense that is directly
allocable to income with respect to certain assets.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Stop Child Summer Hunger Act of 2014 - Amends the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture (USDA) to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards that give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. Defines an "eligible household" as a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. Sets the amount on each summer EBT card at $150 per child in 2016, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. Requires children to be enrolled in the program without further application if they are enrolled to receive free or reduced price meals under the school lunch or breakfast programs. Requires summer EBT cards to be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Amends the Internal Revenue Code to limit the amount of a taxpayer's foreign-related interest expense that is allowed as a deduction for any taxable year. Sets that limit pursuant to a formula that takes into account a domestic corporation's undistributed foreign earnings. | {"src": "billsum_train", "title": "Stop Child Summer Hunger Act of 2014"} | 2,483 | 302 | 0.688682 | 1.865823 | 0.839122 | 2.857143 | 8.667954 | 0.895753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategy for Success in Iraq Act''.
SEC. 2. FINDINGS.
The Senate makes the following findings:
(1) The men and women of the Armed Forces have performed
with valor, honor, and courage in Iraq.
(2) United States military commanders and intelligence
community personnel agree that the insurgency in Iraq draws
substantial support from disaffected Iraqi Sunnis.
(3) The new Iraq constitution was adopted in a national
referendum on October 15, 2005, despite the opposition of a
great majority of Iraqi Sunnis.
(4) Iraq cannot be stable without a sustainable political
solution embraced by the Sunni minority as well as the majority
Shias and Kurds.
(5) Senior United States military commanders and
Administration officials have acknowledged that the insurgency
cannot be defeated without a political solution.
(6) The commander of the Multinational Forces-Iraq, General
George Casey, told the Committee on Armed Services of the
Senate on September 29, 2005, that ``[i]ncreased coalition
presence feeds the notion of occupation ... contributes to the
dependency of Iraqi security forces on the coalition ... [ and
] ... extends the amount of time that it will take for Iraqi
security forces to become self-reliant''.
(7) General Casey also said that ``[r]educing the
visibility and, ultimately, the presence of coalition forces as
we transition to Iraqi security self-reliance remains a key
element of our overall counterinsurgency strategy''.
(8) The United States Armed Forces have established a
training program for the security forces of Iraq that continues
to make possible the assumption of security responsibilities by
such security forces.
(9) The number of members of the United States Armed Forces
in Iraq has risen to more than 160,000 to provide protection
for the recent constitutional referendum and the upcoming
December elections in Iraq.
(10) The people of Iraq will elect their first permanent
government since the 2003 invasion on December 15, 2005.
(11) The success of the December elections will constitute
an important benchmark in transferring political
responsibilities to the people of Iraq.
(12) The phased redeployment of United States Armed Forces
based on achieving benchmarks for the transfer of political and
security responsibilities to Iraq is a critical part of a
successful strategy in Iraq.
SEC. 3. STRATEGY FOR SUCCESS.
To complete the mission in Iraq and bring our troops home, the
President must implement a comprehensive new strategy for success in
Iraq that simultaneously pursues a sustainable political solution and
the redeployment of United States forces tied to specific political and
military benchmarks.
SEC. 4. IMPLEMENTATION OF STRATEGY.
To implement the strategy under section 3, the President must
undertake aggressive diplomatic, political, military and economic
measures, including actions to achieve the following:
(1) Reduce the sense of United States occupation of Iraq
by--
(A) committing publicly not to establish permanent
United States military bases in Iraq, or to maintain a
large United States combat force on Iraq soil
indefinitely;
(B) drawing-down at least 20,000 United States
troops upon the successful completion of the December
2005 elections as the first step in the process of
reducing the United States force presence in Iraq as
political and military benchmarks are met; and
(C) reducing the visibility of United States forces
by placing as many as possible in rear guard,
garrisoned status for security backup purposes.
(2) Give Sunnis a real stake in the future of Iraq by--
(A) convincing Iraqi Shias and Kurds to address
legitimate Sunni concerns about regional autonomy and
the allocation of oil revenues;
(B) hosting a conference of the neighbors of Iraq,
the United Kingdom, other key members of the North
Atlantic Treaty Alliance, and the Russian Federation,
immediately after the December elections, to develop a
collective strategy to bring the parties in Iraq to a
sustainable political compromise that also includes
mutual security guarantees among the peoples of Iraq;
and
(C) urging the Sunni neighbors of Iraq to
immediately set up a reconstruction fund targeted to
the majority Sunni areas to show Iraqi Sunnis the
benefits of participating in the political process.
(3) Appoint a high-level presidential envoy to strengthen
United States diplomatic efforts with respect to Iraq.
(4) Develop a new regional security structure with United
States participation to enlist the support of the Sunni
neighbors of Iraq.
(5) Accelerate reconstruction efforts in Iraq by providing
the necessary civilian personnel to do the job, establishing
civil-military reconstruction teams throughout Iraq,
streamlining the disbursement of funds to the provinces of
Iraq, expanding job creation programs in Iraq, and
strengthening the capacity of Iraqi government ministries.
(6) Create the military conditions for the redeployment of
United States forces by--
(A) intensifying the training of Iraqi security
forces through expanded in-country training and the
acceptance of outstanding offers from other countries
to do more training;
(B) transferring military and police
responsibilities on a phased basis to Iraqi security
forces as their capabilities increase; and
(C) working with the new Iraq government to secure
international support for a multinational force to help
protect the borders of Iraq until a capable national
army is formed.
SEC. 5. REPORTS TO CONGRESS.
(a) Reports Required.--Not later than June 30, 2006, and every six
months thereafter, the President shall submit to the appropriate
committees of Congress a report the actions taken to implement the
strategy set forth in section 3 including the actions specified in
section 4.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Foreign Relations and Appropriations
of the Senate; and
(2) the Committees on International Relations and
Appropriations of the House of Representatives. | Strategy for Success in Iraq Act - Directs the the President to implement a comprehensive new strategy for success in Iraq that simultaneously pursues a political solution and the redeployment of U.S. forces tied to specific political and military benchmarks, including actions to achieve the following: (1) reducing the sense of U.S. occupation of Iraq; (2) giving Sunnis a real stake in Iraq's future; (3) appointing a high-level presidential envoy to strengthen U.S. diplomatic efforts with respect to Iraq; (4) developing a new regional security structure with U.S. participation to enlist the support of the Sunni neighbors of Iraq; (5) accelerating reconstruction efforts in Iraq by providing the necessary civilian personnel, establishing civil-military reconstruction teams, streamlining fund disbursement to the provinces, expanding job creation programs, and strengthening the capacity of Iraqi government ministries; and (6) creating the military conditions for the redeployment of U.S. forces. | {"src": "billsum_train", "title": "A bill to provide for a comprehensive, new strategy for success in Iraq that includes a sustainable political solution and the redeployment of United States forces tied to specific political and military benchmarks."} | 1,296 | 221 | 0.592187 | 1.905567 | 0.868526 | 4.494253 | 6.994253 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm and Small Business Tax
Relief Act of 2012''.
SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND AND FAMILY-
OWNED BUSINESS INTERESTS.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. CERTAIN FARMLAND AND FAMILY-OWNED BUSINESS INTERESTS.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of--
``(1) qualified farmland, and
``(2) the qualified family-owned business interests,
of the decedent otherwise includible in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States,
``(2) the executor elects the application of this section
and files the agreement referred to in subsection (h),
``(3) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the qualified farmland or the qualified
family-owned business interest, or both, as the case
may be, was owned by the decedent or a member of the
decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of the
qualified farmland or the business to which such
interest relates.
``(c) Qualified Family-Owned Business Interests.--For purposes of
this section--
``(1) Adjusted value.--The adjusted value of any qualified
family-owned business interest is the value of such interest
for purposes of this chapter (determined without regard to this
section), reduced by the excess of--
``(A) any amount deductible under paragraph (3) or
(4) of section 2053(a), over
``(B) the sum of--
``(i) any indebtedness on any qualified
residence of the decedent the interest on which
is deductible under section 163(h)(3), plus
``(ii) any indebtedness to the extent the
taxpayer establishes that the proceeds of such
indebtedness were used for the payment of
educational and medical expenses of the
decedent, the decedent's spouse, or the
decedent's dependents (within the meaning of
section 152), plus
``(iii) any indebtedness not described in
subparagraph (A) or (B), to the extent such
indebtedness does not exceed $10,000.
``(2) Qualified family-owned business interest defined.--
The term `qualified family-owned business interest' has the
meaning given such term by section 2057(e).
``(d) Qualified Farmland.--For purposes of this section, the term
`qualified farmland' means any real property--
``(1) which is located in the United States,
``(2) which is used as a farm for farming purposes (as
defined in section 2032A(e)), and
``(3) which was acquired from or passed from the decedent
to a qualified heir of the decedent which, on the date of the
decedent's death, was being so used by the decedent or a member
of the decedent's family.
``(e) Tax Treatment of Failure to Materially Participate in
Business or Dispositions of Interests.--
``(1) In general.--There is imposed an additional estate
tax if, within 10 years after the date of the decedent's death
and before the date of the qualified heir's death--
``(A) in the case of a qualified family-owned
business interest--
``(i) the material participation
requirements of subsection (b)(3)(B) are not
met with respect to the qualified family-owned
business interest which was acquired (or
passed) from the decedent,
``(ii) the principal place of business of a
trade or business of the qualified family-owned
business interest ceases to be located in the
United States, or
``(iii) the qualified heir disposes of any
interest in the qualified family-owned business
interest, other than by a disposition to a
member of the qualified heir's family,
``(B) in the case of qualified farmland--
``(i) the qualified heir ceases to use the
real property which was acquired (or passed)
from the decedent as a farm for farming
purposes, or
``(ii) the qualified heir disposes of any
interest in qualified farmland, other than by a
disposition to a member of the qualified heir's
family, or
``(C)(i) the qualified heir loses United States
citizenship (within the meaning of section 877) or with
respect to whom an event described in subparagraph (A)
or (B) of section 877(e)(1) occurs, and
``(ii) such heir does not comply with the rules
similar to the rules of section 2057(g) (relating to
security requirements for noncitizen qualified heirs).
``(2) Additional estate tax.--
``(A) In general.--The amount of the additional
estate tax imposed by paragraph (1) shall be equal to--
``(i) the applicable percentage of the
adjusted tax difference attributable to the
qualified family-owned business interest (as
determined under rules similar to the rules of
section 2032A(c)(2)(B)), plus
``(ii) interest on the amount determined
under clause (i) at the underpayment rate
established under section 6621 for the period
beginning on the date the estate tax liability
was due under this chapter and ending on the
date such additional estate tax is due.
``(B) Applicable percentage.--For purposes of this
paragraph, the applicable percentage shall be
determined under the following table:
``If the event described in
paragraph (1) occurs in
the following year of The applicable
material participation: percentage is:
1 through 6........................................ 100
7.................................................. 80
8.................................................. 60
9.................................................. 40
10................................................. 20.
``(C) Adjusted tax difference.--For purposes of
subparagraph (A)--
``(i) In general.--The adjusted tax
difference attributable to a qualified family-
owned business interest is the amount which
bears the same ratio to the adjusted tax
difference with respect to the estate
(determined under clause (ii)) as the value of
such interest bears to the value of all
qualified family-owned business interests
described in subsection (b)(2).
``(ii) Adjusted tax difference with respect
to the estate.--For purposes of clause (i), the
term `adjusted tax difference with respect to
the estate' means the excess of what would have
been the estate tax liability but for the
election under this section over the estate tax
liability. For purposes of this clause, the
term `estate tax liability' means the tax
imposed by section 2001 reduced by the credits
allowable against such tax.
``(f) Other Definitions and Applicable Rules.--For purposes of this
section--
``(1) Qualified heir.--The term `qualified heir'--
``(A) has the meaning given to such term by section
2032A(e)(1), and
``(B) includes any active employee of the trade or
business to which the qualified family-owned business
interest relates if such employee has been employed by
such trade or business for a period of at least 10
years before the date of the decedent's death.
``(2) Member of the family.--The term `member of the
family' has the meaning given to such term by section
2032A(e)(2).
``(3) Material participation.--The term `material
participation' has the meaning given to such term by section
2032A(e)(6).
``(4) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(b)(5) (relating to special
rules for surviving spouses).
``(C) Section 2032A(c)(2)(D) (relating to partial
dispositions).
``(D) Section 2032A(c)(3) (relating to only 1
additional tax imposed with respect to any 1 portion).
``(E) Section 2032A(c)(4) (relating to due date).
``(F) Section 2032A(c)(5) (relating to liability
for tax; furnishing of bond).
``(G) Section 2032A(c)(6) (relating to cessation of
qualified use).
``(H) Section 2032A(c)(7) (relating to no tax if
use begins within 2 years; active management by
eligible qualified heir treated as material
participation).
``(I) Section 2032A(c)(8) (relating to qualified
conservation contribution is not a disposition).
``(J) Paragraphs (1) and (3) of section 2032A(d)
(relating to election; agreement).
``(K) Section 2032A(e)(10) (relating to community
property).
``(L) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(M) Section 2032A(f) (relating to statute of
limitations).
``(N) Section 2032A(g) (relating to application of
this section and section 6324B to interests in
partnerships, corporations, and trusts).
``(O) Section 2032A(h) (relating to special rules
for involuntary conversions of qualified real
property).
``(P) Section 2032A(i) (relating to exchanges of
qualified real property).
``(Q) Section 6166(b)(3) (relating to farmhouses
and certain other structures taken into account).
``(R) Subparagraphs (B), (C), and (D) of section
6166(g)(1) (relating to acceleration of payment).
``(S) Section 6324B (relating to special lien for
additional estate tax).''.
(b) Conforming Amendment.--Section 2032A of such Code is amended by
adding at the end the following:
``(e) Termination.--This section shall not apply with respect to
decedents dying after December 31, 2012.''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Family-owned business exclusion.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2012.
SEC. 3. ESTATE TAX MADE PERMANENT.
(a) In General.--Title III of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 is amended by
striking section 304.
(b) Conforming Amendment.--Section 901 of the Economic Growth and
Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to estates of decedents dying, gifts made, and generation
skipping transfers after December 31, 2012. | Family Farm and Small Business Tax Relief Act of 2012 - Amends the Internal Revenue Code to exclude from a decedent's gross estate, for estate tax purposes, the adjusted value of qualified farmland and qualified family-owned business interests.
Imposes an additional estate tax if, within 10 years after the decedent's death and before the date of the qualified heir's death: (1) qualified farmland ceases to be used for farming purposes or is sold outside of the qualified heir's family; or (2) material participation requirements for a qualified family-owned business interest are not met, the business ceases to be located in the United States, or the business is sold outside the qualified heir's family.
Makes permanent estate tax provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude certain farmland and family-owned business interests from the value of the gross estate of decedents."} | 2,695 | 180 | 0.64626 | 1.662787 | 0.805326 | 4.120253 | 15.025316 | 0.943038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting Drug Free Families First Act
of 2011''.
SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF
ASSISTANCE UNDER STATE TANF PROGRAMS.
(a) Requirement That Applicants and Individuals Receiving
Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the
Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end
the following:
``(12) Requirement for drug testing; denial of assistance
for individuals found to have used an illegal drug.--
``(A) In general.--A State to which a grant is made
under section 403 may not use any part of the grant to
provide assistance under the State program funded under
this part to an individual unless the individual is
tested for the use of the drugs listed in subparagraph
(B)(i)--
``(i) if the individual has applied for
such assistance and the application has not
been approved, before the receipt of such
assistance; and
``(ii) in any other case, before the end of
the 3-month period that begins on the date of
the enactment of this paragraph.
``(B) Drugs to be included in testing.--
``(i) In general.--In conducting drug
testing pursuant to subparagraph (A), the State
shall test for each of the following:
``(I) Marijuana.
``(II) Cocaine.
``(III) Opiates.
``(IV) Amphetamines.
``(V) Methamphetamine.
``(VI) Phencyclidine.
``(VII) Heroin.
``(VIII) Lysergic acid
diethylamide.
``(IX) 3,4-methylenedioxy
amphetamine.
``(ii) Exception for prescription use of
drugs.--A positive test for a drug listed in
clause (i) shall be disregarded for purposes of
this paragraph if such drug was used pursuant
to a valid prescription or as otherwise
authorized by law.
``(C) Denial of assistance for individuals who test
positive for an illegal drug.--
``(i) In general.--Except as provided in
subparagraph (D), if an individual tests
positive pursuant to subparagraph (A) for the
use of any drug listed in subparagraph (B)(i),
the State may not provide assistance under the
State program funded under this part to such
individual unless--
``(I) a 1-year (or, if the
individual has so tested positive for
the 2nd time, 3-year) period has
elapsed since the results of the test
were determined; and
``(II) the individual tests
negative for the use of each drug
listed in subparagraph (B)(i) at the
end of such period.
``(ii) Permanent ineligibility after third
positive test result.--If an individual tests
positive pursuant to subparagraph (A) for the
third time for the use of any drug listed in
subparagraph (B)(i), the State shall treat such
individual as permanently ineligible for
assistance under the State program funded under
this part.
``(D) Rehabilitation exception after first positive
test result.--In the case of an individual who tests
positive pursuant to subparagraph (A) for the first
time for the use of any drug listed in subparagraph
(B)(i), the period for which assistance may not be
provided to an individual by reason of subparagraph
(C)(i) shall be 180 days if the State determines that
the individual--
``(i) has successfully completed a drug
rehabilitation or treatment program for the
drug for which the individual tested positive;
and
``(ii) tests negative for the use of such
drug at the end of such 180-day period.
``(E) Payment of costs.--The State shall require
each individual who applies for assistance under the
State program funded under this part to pay the portion
of the cost of the drug testing pursuant to
subparagraph (A) that pertains to such individual. If
such individual tests negative for the use of each drug
listed in subparagraph (B)(i) and the State provides
assistance under the State program funded under this
part to the individual, the State shall increase the
first payment of such assistance in an amount equal to
the amount paid by the individual under this
subparagraph for the drug testing.
``(F) Designee for child beneficiary.--In the case
of a parent of a minor child, if such parent tests
positive pursuant to subparagraph (A) for the use of
any drug listed in subparagraph (B)(i), the State shall
designate an individual other than such parent to
receive payments for assistance under the State program
funded under this part on behalf of the minor child.
The State may not so designate an individual unless the
individual has been tested for the use of each drug
listed in subparagraph (B)(i) and did not test
positive.
``(G) Definition of drug rehabilitation or
treatment program.--In this paragraph, the term `drug
rehabilitation or treatment program' means a program
that--
``(i) has been determined by the State to
provide rehabilitation or treatment for the use
of an illegal drug; and
``(ii) complies with all applicable
Federal, State, and local laws and
regulations.''.
(b) Penalty for Failure To Implement Illegal Drug Use Testing
Program.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a))
is amended by adding at the end the following:
``(16) Penalty for failure to implement illegal drug use
testing program.--If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has
violated section 408(a)(12) during the fiscal year, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by
an amount equal to 10 percent of the State family assistance
grant.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the 1st day of the 1st calendar quarter that begins on or
after the date that is 1 year after the date of the enactment of this
Act. | Putting Drug Free Families First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require states to test applicants for and recipients of assistance under state TANF programs for illegal drug use. Prohibits a state from providing TANF assistance to individuals who test positive for an illegal drug.
Prescribes an administrative penalty for failure to implement illegal drug use testing. | {"src": "billsum_train", "title": "To amend part A of title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families program."} | 1,467 | 101 | 0.568845 | 1.406408 | 0.966615 | 3.308642 | 15.765432 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Diabetes Clinical Care
Commission Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control and Prevention report
that nearly 29,000,000 Americans have diabetes in addition to
an estimated 86,000,000 American adults that have pre-diabetes,
an increase of 3,000,000 Americans with diabetes and 7,000,000
American adults with pre-diabetes since 2011.
(2) Diabetes affects 9.3 percent of Americans of all ages
and 12.3 percent of adults age 20 and older. Adults age 20 and
older of racial and ethnic minorities continue to have higher
rates of diabetes than individuals not of such minorities, as
demonstrated by the following: 15.9 percent of all adult
American Indians and Alaskan Natives have diabetes; 13.2
percent of all adult African-Americans have diabetes; 12.8
percent of all adult Hispanics have diabetes; and 9.0 percent
of all adult Asian-Americans have diabetes, while 7.6 percent
of all non-Hispanic Whites have diabetes.
(3) Diabetes is the seventh leading cause of death in the
United States.
(4) People with diabetes are more likely than people
without diabetes to also have chronic diseases and conditions
that are complications of diabetes, including cardiovascular
disease, strokes, high blood pressure, kidney disease,
including dialysis, blindness, neuropathy, and leg and feet
amputations.
(5) Adults with diabetes have an elevated risk of heart
disease and stroke. Adults with diabetes have death rates from
heart disease that are nearly twice as high as adults without
the disease.
(6) Diabetes is the leading cause of kidney failure. Each
year, nearly 100,000 individuals in the United States are
diagnosed with kidney failure, and diabetes accounts for 44
percent of these new cases.
(7) Diabetic neuropathies are a family of nerve disorders
caused by diabetes and are prevalent in nearly 60 to 70 percent
of individuals with diabetes.
(8) Diabetes is the leading cause of new cases of blindness
among adults aged 20 to 74.
(9) About 60 percent of all non-traumatic lower limb
amputations in the United States occur in individuals with
diabetes.
(10) Total national costs associated with diabetes in 2012
exceeded $245,000,000,000, according to the Centers for Disease
Control and Prevention.
(11) One in three Medicare dollars is currently spent on
people with diabetes.
(12) The Centers for Disease Control and Prevention
projects that as many as 1 in 3 American adults could have
diabetes by 2050 if current trends continue.
(13) There are 35 Federal departments, agencies, and
offices involved in the implementation of Federal diabetes
activities.
SEC. 3. ESTABLISHMENT OF THE NATIONAL DIABETES CLINICAL CARE
COMMISSION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-6. NATIONAL DIABETES CLINICAL CARE COMMISSION.
``(a) Establishment.--There is hereby established within the
Department of Health and Human Services a National Diabetes Clinical
Care Commission (in this section referred to as the `Commission') to
evaluate and recommend solutions regarding better coordination and the
leveraging of programs within the Department of Health and Human
Services and other Federal agencies that relate in any way to
supporting appropriate clinical care (such as any interactions between
physicians and other health care providers and their patients) related
to the treatment and care management for people with pre-diabetes,
diabetes, and the chronic diseases and conditions that are
complications of or caused by diabetes.
``(b) Membership.--
``(1) In general.--The Commission shall be composed of the
following voting members:
``(A) The heads (or their designees) of the
following Federal agencies and departments that conduct
programs that could impact the clinical care of people
with pre-diabetes, diabetes, and the chronic diseases
and conditions that are complications of or caused by
diabetes:
``(i) The Centers for Medicare and Medicaid
Services.
``(ii) The Agency for Healthcare Research
and Quality.
``(iii) The Centers for Disease Control and
Prevention.
``(iv) The Indian Health Service.
``(v) The Department of Veterans Affairs.
``(vi) The National Institutes of Health.
``(vii) The Food and Drug Administration.
``(viii) The Health Resources and Services
Administration.
``(ix) The Department of Defense.
``(x) Other governmental or nongovernmental
agency heads, at the discretion of the agency,
that impact clinical care of individuals with
pre-diabetes and diabetes.
``(B) Twelve additional voting members appointed
under paragraph (2).
``(2) Additional members.--The Commission shall include
additional voting members appointed by the Comptroller General
of the United States, in consultation with national medical
societies and patient advocate organizations with expertise in
diabetes and the care of patients with diabetes and the
diseases it causes, including one or more from each of the
following categories:
``(A) Clinical endocrinologists.
``(B) Physician specialties (other than as
described in subparagraph (A)) that play a role in
diabetes care, such as cardiologists, nephrologists,
and eye care professionals.
``(C) Primary care physicians.
``(D) Non-physician health care professionals, such
as certified diabetes educators, registered dieticians
and nutrition professionals, nurses, nurse
practitioners, and physician assistants.
``(E) Patient advocates.
``(F) National experts in the duties listed under
subsection (c).
``(3) Chairperson.--The voting members of the Commission
shall select a chairperson from the members described in
paragraph (2)(A).
``(4) Meetings.--The Commission shall meet at least twice,
and not more than 4 times, a year.
``(5) Board terms.--Members of the Commission, including
the chairperson, shall serve for a 3-year term. A vacancy on
the Commission shall be filled in the same manner as the
original appointments.
``(c) Duties.--The Commission shall--
``(1) evaluate programs of the Department of Health and
Human Services regarding the utilization of diabetes screening
benefits, annual wellness visits, and other preventive health
benefits that may reduce the risk of diabetes and the chronic
diseases and conditions that are complications of diabetes,
addressing any existing problems regarding such utilization and
related data collection mechanisms;
``(2) identify current activities and critical gaps in
Federal efforts to support clinicians in providing integrated,
high-quality care to people with pre-diabetes, diabetes, and
the chronic diseases and conditions that are complications of
diabetes;
``(3) make recommendations regarding the coordination of
clinically based activities that are being supported by the
Federal Government;
``(4) make recommendations regarding the development and
coordination of federally funded clinical practice support
tools for physicians and other health care professionals in
caring for and managing the care of people with pre-diabetes,
diabetes, and the chronic diseases and conditions that are
complications of diabetes, specifically with regard to the
implementation of new treatments and technologies;
``(5) evaluate programs in existence as of the date of the
enactment of this section and determine if such programs are
meeting the needs identified in paragraph (2) and, if such
programs are determined to not be meeting such needs, recommend
programs that would be more appropriate;
``(6) recommend clinical pathways for new technologies and
treatments, including future data collection activities, and
how they may be developed and then used to evaluate and develop
various care models and methods and the impact of such models
and methods on quality of care and diabetes management as
measured by appropriate care parameters (such as A1C, blood
pressure, and cholesterol levels);
``(7) evaluate and expand education and awareness to
physicians and other health care professionals regarding
clinical practices for the prevention of diabetes and the
chronic diseases and conditions that are complications of
diabetes;
``(8) review and recommend appropriate methods for outreach
and dissemination of educational resources that regard diabetes
prevention and treatments, are funded by the Federal
Government, and are intended for health care professionals and
the public; and
``(9) include other activities, such as those relating to
the areas of public health and nutrition, that the Commission
deems appropriate.
``(d) Operating Plan.--
``(1) Initial plan.--Not later than 90 days after its first
meeting, the Commission shall submit to the Secretary and the
Congress an operating plan for carrying out the activities of
the Commission as described in subsection (c). Such operating
plan may include--
``(A) a list of specific activities that the
Commission plans to conduct for purposes of carrying
out the duties described in each of the paragraphs in
subsection (c);
``(B) a plan for completing the activities;
``(C) a list of members of the Commission and other
individuals who are not members of the Commission who
will need to be involved to conduct such activities;
``(D) an explanation of Federal agency involvement
and coordination needed to conduct such activities;
``(E) a budget for conducting such activities;
``(F) a plan for evaluating the value and potential
impact of the Commission's work and recommendations,
including the possible continuation of the Commission
for the purposes of overseeing their implementation;
and
``(G) other information that the Commission deems
appropriate.
``(2) Updates.--The Commission shall periodically update
the operating plan under paragraph (1) and submit such updates
to the Secretary and the Congress.
``(e) Final Report and Sunset of the Commission.--By not later than
3 years after the date of the Commission's first meeting, the
Commission shall submit a report containing all of the findings and
recommended actions of the Commission to the Secretary and Congress.
Not later than 120 days after the submission of the final report, the
Secretary shall review the evaluation required under subsection
(d)(1)(F) to determine the continuation of the Commission.
``(f) Authorization of Appropriations.--Appropriations are
authorized to be made available to the Commission for each of fiscal
years 2016, 2017, and 2018, from amounts otherwise made available to
the Department of Health and Human Services for such fiscal years, to
carry out this section.''. | National Diabetes Clinical Care Commission Act This bill amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and recommend solutions regarding better coordination and leveraging of federal programs that relate to supporting appropriate clinical care for people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of or caused by diabetes. The duties of the Commission include: evaluating HHS programs regarding the utilization of preventive health benefits, identifying current activities and critical gaps in federal efforts to support clinicians in providing integrated care, making recommendations regarding the development and coordination of federally funded clinical practice support tools, recommending clinical pathways for new technologies and treatments, evaluating and expanding education and awareness to health care professionals regarding prevention of diabetes, and reviewing and recommending appropriate methods for outreach and dissemination of educational resources. The Commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. | {"src": "billsum_train", "title": "National Diabetes Clinical Care Commission Act"} | 2,225 | 202 | 0.412309 | 1.094207 | 0.695891 | 4.176471 | 11.802139 | 0.914439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VOW to Hire Heroes Extension Act of
2013''.
SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS.
(a) In General.--Subparagraph (B) of section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``after December
31, 2013.'' and inserting ``after--
``(i) December 31, 2017, in the case of a
qualified veteran, and
``(ii) December 31, 2013, in the case of
any other individual.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2013.
SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS.
(a) In General.--Subparagraph (D) of section 51(d)(13) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(D) Pre-screening of qualified veterans.--
``(i) In general.--Subparagraph (A) shall
be applied without regard to subclause (II) of
clause (ii) thereof in the case of an
individual seeking treatment as a qualified
veteran with respect to whom the pre-screening
notice contains--
``(I) qualified veteran status
documentation,
``(II) qualified proof of
unemployment compensation, and
``(III) an affidavit furnished by
the individual stating, under penalty
of perjury, that the information
provided under subclauses (I) and (II)
is true.
``(ii) Qualified veteran status
documentation.--For purposes of clause (i), the
term `qualified veteran status documentation'
means any documentation provided to an
individual by the Department of Defense or the
National Guard upon release or discharge from
the Armed Forces which includes information
sufficient to establish that such individual is
a veteran.
``(iii) Qualified proof of unemployment
compensation.--For purposes of clause (i), the
term `qualified proof of unemployment
compensation' means, with respect to an
individual, checks or other proof of receipt of
payment of unemployment compensation to such
individual for periods aggregating not less
than 4 weeks (in the case of an individual
seeking treatment under paragraph (3)(A)(iii)),
or not less than 6 months (in the case of an
individual seeking treatment under clause
(ii)(II) or (iv) of paragraph (3)(A)), during
the 1-year period ending on the hiring date.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after the date of the
enactment of this Act.
SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Paragraph (2) of section 52(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``qualified tax-exempt organizations'' in
the heading and inserting ``certain employers'', and
(2) by striking ``by qualified tax-exempt organizations''
and inserting ``by certain employers''.
(b) Credit Allowed to Certain For-Profit Employers.--Subsection (e)
of section 3111 of the Internal Revenue Code of 1986 is amended--
(1) by inserting ``or a qualified for-profit employer''
after ``If a qualified tax-exempt organization'' in paragraph
(1),
(2) by striking ``with respect to whom a credit would be
allowable under section 38 by reason of section 51 if the
organization were not a qualified tax-exempt organization'' in
paragraph (1),
(3) by inserting ``or for-profit employer'' after
``employees of the organization'' each place it appears in
paragraphs (1) and (2),
(4) by inserting ``in the case of a qualified tax-exempt
organization,'' before ``by only taking into account'' in
subparagraph (C) of paragraph (3),
(5) by inserting ``or for-profit employer'' after ``the
organization'' in paragraph (4),
(6) by redesignating subparagraph (B) of paragraph (5) as
subparagraph (C) of such paragraph, by striking ``and'' at the
end of subparagraph (A) of such paragraph, and by inserting
after subparagraph (A) of such paragraph the following new
subparagraph:
``(B) the term `qualified for-profit employer'
means, with respect to a taxable year, an employer not
described in subparagraph (A), but only if--
``(i) such employer does not have profits
for any of the 3 taxable years preceding such
taxable year, and
``(ii) such employer elects under section
51(j) not to have section 51 apply to such
taxable year, and'', and
(7) by striking ``has meaning given such term by section
51(d)(3)'' in subparagraph (C) of paragraph (5), as so
redesignated, and inserting ``means a qualified veteran (within
the meaning of section 51(d)(3)) with respect to whom a credit
would be allowable under section 38 by reason of section 51 if
the employer of such veteran were not a qualified tax-exempt
organization or a qualified for-profit employer''.
(c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to individuals who begin work for the employer after the
date of the enactment of this Act.
SEC. 5. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Commissioner of Internal Revenue, in
consultation with the Secretary of Labor, shall report to the Congress
on the effectiveness and cost-effectiveness of the amendments made by
sections 2, 3, and 4 in increasing the employment of veterans. Such
report shall include the results of a survey, conducted, if needed, in
consultation with the Veterans' Employment and Training Service of the
Department of Labor, to determine how many veterans are hired by each
employer that claims the credit under section 51, by reason of
subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code
of 1986.
SEC. 6. TREATMENT OF POSSESSIONS.
(a) Payments to Possessions.--
(1) Mirror code possessions.--The Secretary of the Treasury
shall pay to each possession of the United States with a mirror
code tax system amounts equal to the loss to that possession by
reason of the amendments made by this Act. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession of the United States.
(2) Other possessions.--The Secretary of the Treasury shall
pay to each possession of the United States which does not have
a mirror code tax system the amount estimated by the Secretary
of the Treasury as being equal to the loss to that possession
that would have occurred by reason of the amendments made by
this Act if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
establishes to the satisfaction of the Secretary that the
possession has implemented (or, at the discretion of the
Secretary, will implement) an income tax benefit which is
substantially equivalent to the income tax credit in effect
after the amendments made by this Act.
(b) Coordination With Credit Allowed Against United States Income
Taxes.--The credit allowed against United States income taxes for any
taxable year under the amendments made by this Act to section 51 of the
Internal Revenue Code of 1986 to any person with respect to any
qualified veteran shall be reduced by the amount of any credit (or
other tax benefit described in subsection (a)(2)) allowed to such
person against income taxes imposed by the possession of the United
States by reason of this section with respect to such qualified veteran
for such taxable year.
(c) Definitions and Special Rules.--
(1) Possession of the united states.--For purposes of this
section, the term ``possession of the United States'' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United States
Virgin Islands.
(2) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(3) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments under
this section shall be treated in the same manner as a refund
due from credit provisions described in such section. | VOW to Hire Heroes Extension Act of 2013 - Amends the Internal Revenue Code to: (1) extend through 2017 the work opportunity tax credit for hiring a qualified veteran (defined as an unemployed veteran who is certified as being a member of a family receiving food stamp assistance and who is entitled to compensation for a service-connected disability), (2) revise tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extend the payroll tax offset for such credit to certain for-profit employers. Directs the Commissioner of the Internal Revenue Service, in consultation with the Secretary of Labor, to make annual reports on the effectiveness and cost-effectiveness of this Act in increasing the employment of veterans. Requires the Secretary of the Treasury to pay: (1) each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) with a mirror code tax system amounts equal to the loss to such possession due to this Act; and (2) each U.S. possession without such a tax system an amount estimated to equal the loss to such possession that would have occurred due to this Act if such a tax system had been in effect in such possession. | {"src": "billsum_train", "title": "VOW to Hire Heroes Extension Act of 2013"} | 2,155 | 276 | 0.538782 | 1.67233 | 0.66417 | 3.568 | 7.92 | 0.872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Relief Act of
1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The American people abhor torture and the use of
atrocities by repressive governments. The existence of torture
creates a climate of fear and international insecurity that
affects all people.
(2) Torture is the strategic use of pain to destroy both
individuals and society. The effects of torture are long term.
Those effects can last a lifetime for the survivors and affect
future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments use
torture as a weapon against democracy.
(4) Torture victims remain under physical and psychological
threats, especially in communities where the perpetrators are
not brought to justice. In many nations, even those who treat
torture victims are threatened with reprisals, including
torture, for carrying out their ethical duties to provide care.
Both the survivors of torture and their treatment providers
deserve, and often require, protection from further repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of governmental torture.
Those claiming asylum deserve prompt consideration of the
applications for political asylum to minimize their insecurity
and sense of danger. Many torture survivors now live in the
United States. They should be provided with the rehabilitation
services which would enable them to become productive members
of our communities.
(6) Building democratic cultures requires not only legal
and political institution-building, but also addressing the
physical, psychological, and spiritual damage of repression, in
order to foster a climate and opportunity of healing for the
victims and for society.
(7) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored acts
of torture.
(8) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers as
part of the overall objective of eliminating torture.
(9) By acting to heal the survivors of torture and protect
their families, the United States can move to defeat the
actions of torturers.
(10) The United States has ratified the Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment, but has not implemented all provisions of the
convention.
SEC. 3. DEFINITIONS.
(a) In General.--Except as otherwise provided the terms used in
this Act have the same meaning given such terms in section 101(a) of
the Immigration and Nationality Act.
(b) Torture.--As used in this Act, the term ``torture'' means any
act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from
the person or a third person information or a confession, punishing the
person for an act the person or a third person has committed or is
suspected of having committed, or intimidating or coercing the person
or a third person, or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by, at the instigation
of, or with the consent or acquiescence of a public official or other
person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in, or incidental to lawful
sanctions.
(c) Substantial Grounds for Believing.--As used in this Act, the
term ``substantial grounds for believing'' means substantial evidence.
(d) In Danger of Being Subjected to Torture.--As used in this Act,
the term ``in danger of being subjected to torture'' means
circumstances in which a reasonable person would fear subjection to
torture.
(e) Involuntary Return.--As used in this Act, the term
``involuntary return'' means to take action by which it is reasonably
foreseeable that a person will be required to return to a country
without the person's consent, regardless of whether such return is
induced by physical force and regardless of whether the person is
physically present in the United States.
SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF
PERSONS SUBJECTED TO TORTURE.
The United States shall not expel, extradite, or otherwise
involuntarily return a person to a country in which there are
substantial grounds for believing the person would be in danger of
being subjected to torture.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) In General.--Any alien--
(1) who presents a credible claim of having been subjected
to torture in the alien's country of nationality, or, in the
case of an alien having no nationality, the country in which
the alien last habitually resided, and
(2) who applies for--
(A) refugee status under section 207 of the
Immigration and Nationality Act,
(B) asylum under section 208 of that Act, or
(C) withholding of deportation under section 243(h)
of that Act,
shall be processed in accordance with this section.
(b) Consideration of the Effects of Torture.--In considering
applications for refugee status, asylum, or withholding of deportation
made by aliens described in subsection (a), the appropriate officials
shall take into account--
(1) the manner in which the effects of torture can affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act, a refugee who
presents a credible claim of having been subjected to torture shall be
considered to be a refugee of special humanitarian concern to the
United States and shall be accorded priority in selection from the
waiting list of such refugees based on compelling humanitarian
concerns.
(d) Expedited Processing for Asylum and Withholding of
Deportation.--Upon the request of the alien, the alien's counsel, or a
health care professional treating the alien, an asylum officer or
special inquiry officer may expedite the scheduling of an asylum
interview or an exclusion or deportation proceeding for an alien
described in subsection (a), if such officer determines that an undue
delay in making a determination regarding asylum or withholding of
deportation with respect to the alien would aggravate the physical or
psychological effects of torture upon the alien.
(e) Parole in Lieu of Detention.--The finding, upon inspection at a
port of entry of the United States, that an alien described in
subsection (a) suffers from the effects of torture, such as depressive
and anxiety disorders, shall be a strong presumptive basis for a grant
of parole, under section 212(d)(5) of the Immigration and Nationality
Act, in lieu of detention.
(f) Sense of Congress.--It is the sense of Congress that the
Attorney General shall allocate resources sufficient to maintain in the
Resource Information Center of the Immigration and Naturalization
Service information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, special inquiry officers, and all other relevant officials of
the Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of the evidence of torture;
(2) the identification of the surrounding circumstances in
which torture is practiced;
(3) the long-term effects of torture upon the person;
(4) the identification of the physical, cognitive, and
emotional effects of torture, including depressive and anxiety
disorders, and the manner in which these effects can affect the
interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a)(4) or subsection (a)(5), gender specific training shall
be provided on the subject of interacting with women and men who are
victims of torture by rape or any other form of sexual violence.
SEC. 7. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES.
(a) Study.--The Center for Disease Control shall conduct a study
with respect to refugees and asylees admitted to the United States
since October 1, 1987, who were tortured abroad, for the purpose of
identifying--
(1) the estimated number and geographic distribution of
such persons;
(2) the needs of such persons for recovery services; and
(3) the availability of such services.
(b) Report.--Not later than December 31, 1997, the Center for
Disease Control shall submit a report to the Judiciary Committees of
the House of Representatives and the Senate setting forth the findings
of the study conducted under subsection (a), together with any
recommendation for increasing the services available to persons
described in subsection (a), including any recommendation for
legislation, if necessary.
SEC. 8. DOMESTIC TREATMENT CENTERS.
(a) Amendment of the Immigration and Nationality Act.--Section 412
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by
adding at the end the following new subsection:
``(g) Assistance for Treatment of Torture Victims.--(1) The
Director is authorized to provide grants to programs in the United
States to cover the cost of the following services:
``(A) Services for the rehabilitation of victims of
torture, including treatment of the physical and psychological
effects of torture.
``(B) Social services for victims of torture.
``(C) Research and training for health care providers
outside of treatment centers for the purpose of enabling such
providers to provide the services described in subparagraph
(A).
``(2) For purposes of this subsection, the term `torture' has the
same meaning given to the term in section 3 of the Torture Victims
Relief Act of 1995.''.
(b) Authorization of Appropriations.--(1) Of amounts authorized to
be appropriated to carry out section 414 of the Immigration and
Nationality Act (8 U.S.C. 1524) for fiscal year 1996, there are
authorized to be appropriated such sums as may be necessary to carry
out section 412(g) of that Act (relating to assistance for domestic
centers for the treatment of victims of torture).
(2) Amounts appropriated pursuant to this subsection are authorized
to remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995.
SEC. 9. FOREIGN TREATMENT CENTERS.
(a) Amendments of the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 is amended by adding at the end of
chapter 1 the following new section:
``Sec. 129. Assistance for Victims of Torture.--(a) The President
is authorized to provide assistance for the rehabilitation of victims
of torture.
``(b) Such assistance shall be provided in the form of grants to
treatment centers in foreign countries which are carrying out programs
specifically designed to treat victims of torture for the physical and
psychological effect of the torture.
``(c) Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers for the purpose of
enabling such providers to provide the services described in
paragraph (1).
``(d) For purposes of this section, the term `torture' has the same
meaning given to such term in section 3 of the Torture Victims Relief
Act of 1995.''.
(b) Authorization of Appropriations.--(1) Of the total amount
authorized to be appropriated to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 for fiscal year 1995, there are
authorized to be appropriated to the President such sums as may be
necessary to carry out section 129 of that Act.
(2) Amounts appropriated pursuant to this subsection are authorized
to remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995.
SEC. 10. MULTILATERAL ASSISTANCE.
(a) Authorization of Appropriations.--Of the amounts authorized to
be appropriated to carry out section 301 of the Foreign Assistance Act
of 1961 (relating to international organizations and programs), there
are authorized to be appropriated to the United Nations Voluntary Fund
for Victims of Torture (in this section referred to as the ``Fund'')
the following amounts for the following fiscal years:
(1) For fiscal year 1996, $1,500,000.
(2) For fiscal year 1997, $3,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers that are carrying out rehabilitative
services for victims of torture; and
(B) to encourage the development of new such
centers;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country. | Torture Victims Relief Act of 1995 - States that the United States shall not involuntarily return a person to a country where such person would be subject to torture.
Establishes an expedited procedure for processing refugee, asylum, withholding of deportation, and parole entry claims of torture victims.
Expresses the sense of the Congress that sufficient funds should be allocated to the Immigration and Naturalization Service's Resource Information Center to maintain information on foreign torture.
Provides for specialized training in torture identification and handling of torture victims for consular, immigration, and asylum personnel.
Directs the Center for Disease Control to study and report on torture victims residing in the United States.
Amends the Immigration and Nationality Act and the Foreign Assistance Act of 1961 to provide for respective domestic and foreign treatment centers for torture victims. Authorizes appropriations.
Authorizes appropriations from specified funds for the United Nations Voluntary Fund for Victims of Torture. Expresses the sense of the Congress in support of international means to protect torture victims and investigate human rights violations. | {"src": "billsum_train", "title": "Torture Victims Relief Act of 1995"} | 3,202 | 229 | 0.430673 | 1.325856 | 0.645016 | 2.948454 | 15.036082 | 0.896907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Labor Relief Act
of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article 32 of the United Nations Convention on the
Rights of the Child recognizes ``the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.''.
(2) Article 2 of Convention 138 of the International Labor
Organization, the Minimum Age Convention, states that the
minimum age for admission to employment or work ``shall not be
less than the age of completion of compulsory schooling and, in
any case, shall not be less than 15 years.''.
(3) Convention 29 of International Labor Organization, the
Forced Labor Convention, which has been in effect since 1930,
prohibits most forms of ``forced or compulsory labor'',
including all forced labor by people under the age of 18.
(4) Although it is among the most universally condemned of
all human rights abuses, child labor is widely practiced. The
International Labor Organization and the United Nations
Children's Fund (UNICEF) have estimated the total number of
child workers to be between 200,000,000 and 250,000,000. More
than 95 percent of those child workers live in developing
countries.
(5) The International Labor Organization has estimated that
13.2 percent of all children 10 to 14 years of age around the
world were economically active in 1995. According to UNICEF, 75
percent of the child laborers in the 10 to 14 age group work 6
days a week or more, and 50 percent work 9 hours a day or more.
There are no reliable figures on workers under 10 years of age,
though their numbers are known to be significant. Reliable
child labor statistics are not readily available, in part
because many governments in the developing world are reluctant
to document those activities, which are often illegal under
domestic laws, which violate international standards, and which
may be perceived as a failure of internal public policy.
(6) Notwithstanding international and domestic
prohibitions, many children in developing countries are forced
to work as debt-bonded and slave laborers in hazardous and
exploitative industries. According to the United Nations
Working Group on Contemporary Forms of Slavery and the
International Labor Organization, there are tens of millions of
child slaves in the world today. Large numbers of those slaves
are involved in agricultural and domestic labor, the sex
industry, the carpet and textile industries, and quarrying and
brick making.
(7) In many countries, children lack either the legal
standing or the means to protect themselves from cruelty and
exploitation in the workplace.
(8) The employment of children often interferes with the
opportunities of such children for basic education.
Furthermore, where it coexists with high rates of adult
unemployment, the use of child labor likely denies gainful
employment to millions of adults.
(9) While child labor is a complex and multifaceted
phenomenon that is tied to issues of poverty, educational
opportunity, and culture, its most abusive and hazardous forms
are repugnant to basic human rights and must be eliminated.
(10) Created in 1992, the International Labor
Organization's International Program on the Elimination of
Child Labor (IPEC) is the world's largest technical cooperation
program on child labor, involving more than 50 countries and
over 1,000 action programs. Governments take the initiative in
seeking IPEC assistance, and demonstrate their commitment to
combating child labor by signing a memorandum of understanding
with IPEC, which serves as the basis for a long term in-country
program that is overseen by a national steering committee
comprised of representatives of government, employers' and
workers' organizations, and relevant nongovernmental
organizations. IPEC activities aim at preventing child labor,
withdrawing children from hazardous work, and providing
alternatives to child labor as a transitional measure toward
its elimination.
SEC. 3. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
For each of the fiscal years 1999 through 2001 there are authorized
to be appropriated for the Department of Labor under the heading
``International Labor Affairs Bureau'' $30,000,000 for a United States
contribution to the International Labor Organization for the activities
of the International Program on the Elimination of Child Labor.
Passed the House of Representatives October 8, 1998.
Attest:
Clerk. | International Child Labor Relief Act of 1998 - Authorizes appropriations for FY 1999 through 2001 to the Department of Labor for the U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. | {"src": "billsum_train", "title": "International Child Labor Relief Act of 1998"} | 951 | 53 | 0.444109 | 1.073288 | 0.210563 | 6.023256 | 21.697674 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-phishing Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American society is increasingly dependent on the
Internet for communications, entertainment, commerce, and
banking.
(2) For the Internet to reach its full potential in these
and other respects, it must continue to be a trustworthy
medium. This means, for example, that Internet users should be
able to trust the stated origin of Internet communications and
the stated destination of Internet hyperlinks.
(3) Internet users are increasingly subjected to scams
based on misleading or false communications that trick the user
into sending money, or trick the user into revealing enough
information to enable various forms of identify theft that
result in financial loss.
(4) One class of such scams, called ``phishing'', uses
false e-mail return addresses, stolen graphics, stylistic
imitation, misleading or disguised hyperlinks, so-called
``social engineering'', and other artifices to trick users into
revealing personally identifiable information. After obtaining
this information, the ``phisher'' then uses the information to
create unlawful identification documents and/or to unlawfully
obtain money or property.
(5) These crimes victimize not only the individuals whose
information is stolen, but the entire online community,
including millions of people who rely on the integrity of the
Internet's system of addresses and hyperlinks.
SEC. 3. CRIMINAL OFFENSE.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1351. Internet fraud
``(a) Website.--Whoever knowingly, with the intent to carry on any
activity which would be a Federal or State crime of fraud or identity
theft--
``(1) creates or procures the creation of a website or
domain name that represents itself as a legitimate online
business, without the authority or approval of the registered
owner of the actual website or domain name of the legitimate
online business; and
``(2) uses that website or domain name to induce, request,
ask, or solicit any person to transmit, submit, or provide any
means of identification to another;
shall be fined under this title or imprisoned up to five years, or
both.
``(b) Messenger.--Whoever knowingly, with the intent to carry on
any activity which would be a Federal or State crime of fraud or
identity theft--
``(1) falsely represents itself as being sent by a
legitimate online business;
``(2) includes an Internet information location tool that
refers or links users to an online location on the World Wide
Web that falsely purports to belong to or be associated with
such legitimate online business; and
``(3) induces, requests, asks, or solicits a recipient of
the electronic mail message directly or indirectly to provide,
submit, or relate any means of identification to another;
shall be fined under this title or imprisoned up to five years, or
both.
``(c) Definitions.--In this section:
``(1) The term `domain name' has the meaning given that
term in section 46 of the Act entitled `An Act to provide for
the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes' (in this subsection
referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).
``(2) The term `Internet' has the meaning given that term
in section 230(f)(1) of the Communications Act of 1934 (47
U.S.C. 230(f)(1)).
``(3) The term `electronic mail message' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702).
``(4) The term `initiate' has the meaning given that term
in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702).
``(5) The term `procure' means intentionally to pay or
provide consideration to, or induce, another person to create a
website or domain name.
``(6) The term `recipient' has the meaning given that term
in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702).
``(7) The term `Internet information location tool' when
used in this section has the meaning given that term in section
231 of the Communications Act of 1934 (47 U.S.C. 231).
``(8) The term `means of identification' when used in this
section has the meaning given that term in section 1028 of this
title.''.
(b) Chapter Analysis.--The chapter analysis for chapter 63 of title
18, United States Code, is amended by adding at the end the following:
``1351. Internet fraud''. | Anti-phishing Act of 2004 - Amends the Federal criminal code to criminalize Internet scams involving fraudulently obtaining personal information (phishing).
Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in an activity constituting fraud or identity theft under Federal or State law: (1) creates or procures the creation of a website or domain name that represents itself as a legitimate online business without the authority or approval of the registered owner of such business; and (2) uses that website or domain name to solicit means of identification from any person.
Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in activity constituting fraud or identity theft under Federal or State law: (1) falsely represents itself as being sent by a legitimate online business; (2) includes an Internet location tool referring or linking users to an online location on the World Wide Web that falsely purports to belong to or be associated with a legitimate online business; and (3) solicits means of identification from the recipient. | {"src": "billsum_train", "title": "A bill to criminalize Internet scams involving fraudulently obtaining personal information, commonly known as phishing."} | 1,091 | 244 | 0.602241 | 1.827075 | 1.003143 | 4.850679 | 4.665158 | 0.904977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budget Process Accountability Act''.
SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIREMENT TO MAINTAIN HEALTH
COVERAGE.
(a) Exemption for Individuals in Areas With Fewer Than 2 Issuers
Offering Plans on an Exchange.--Section 5000A(e) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Individuals in areas with fewer than 2 issuers
offering plans on an exchange.--
``(A) In general.--Any applicable individual for
any period during a calendar year if there are fewer
than 2 health insurance issuers offering qualified
health plans on an Exchange for such period in the
county in which the applicable individual resides.
``(B) Aggregation rules.--For purposes of
subparagraph (A), all health insurance issuers 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 a single health insurance
issuer.''.
(b) Effective Date.--The amendments made by this section shall
apply to months beginning after the date of the enactment of this Act.
SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND
MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the
following:
``(D) Members of congress, congressional staff, and
political appointees in the exchange.--'';
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking ``and congressional staff with''
and inserting ``, congressional staff, the President,
the Vice President, and political appointees with'';
and
(B) by striking ``or congressional staff shall''
and inserting ``, congressional staff, the President,
the Vice President, or a political appointee shall'';
(3) in clause (ii)--
(A) in subclause (II), by inserting after
``Congress,'' the following: ``of a committee of
Congress, or of a leadership office of Congress,''; and
(B) by adding at the end the following:
``(III) Political appointee.--The
term `political appointee' means any
individual who--
``(aa) is employed in a
position described under
sections 5312 through 5316 of
title 5, United States Code
(relating to the Executive
Schedule);
``(bb) is a limited term
appointee, limited emergency
appointee, or noncareer
appointee in the Senior
Executive Service, as defined
under paragraphs (5), (6), and
(7), respectively, of section
3132(a) of title 5, United
States Code; or
``(cc) is employed in a
position in the executive
branch of the Government of a
confidential or policy-
determining character under
schedule C of subpart C of part
213 of title 5 of the Code of
Federal Regulations.''; and
(4) by adding at the end the following:
``(iii) Government contribution.--No
Government contribution under section 8906 of
title 5, United States Code, shall be provided
on behalf of an individual who is a Member of
Congress, a congressional staff member, the
President, the Vice President, or a political
appointee for coverage under this paragraph.
``(iv) Limitation on amount of tax credit
or cost sharing.--An individual enrolling in
health insurance coverage pursuant to this
paragraph shall not be eligible to receive a
tax credit under section 36B of the Internal
Revenue Code of 1986 or reduced cost sharing
under section 1402 of this Act in an amount
that exceeds the total amount for which a
similarly situated individual (who is not so
enrolled) would be entitled to receive under
such sections.
``(v) Limitation on discretion for
designation of staff.--Notwithstanding any
other provision of law, a Member of Congress
shall not have discretion in determinations
with respect to which employees employed by the
office of such Member are eligible to enroll
for coverage through an Exchange.
``(vi) Clarification.--The terms `small
employer' (as defined under section 1304(b)(2))
and `qualified employers' (as defined under
subsection (f)) do not include the Congress,
with respect to enrollments in an Exchange and
a SHOP Exchange.''. | Budget Process Accountability Act This bill amends the Internal Revenue Code to exempt individuals from the requirement to maintain minimum essential health care coverage if they reside in a county where fewer than two health insurers offer insurance on the health insurance exchange. This bill amends the Patient Protection and Affordable Care Act to extend the requirement for participation in a health insurance exchange to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress. Currently, this requirement applies to Members of Congress and their staff. The government is prohibited from contributing to or subsidizing the health insurance coverage of officials and employees subject to this requirement. | {"src": "billsum_train", "title": "Budget Process Accountability Act"} | 1,090 | 140 | 0.531516 | 1.368522 | 0.657879 | 1.580645 | 7.564516 | 0.790323 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniformed Services
Medicare Subvention Program Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of subvention program.
Sec. 4. Determination of reimbursement amounts.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``Medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
who--
(A) is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.); and
(B) is enrolled in the supplementary medical
insurance program under part B of such title (42 U.S.C.
1395j et seq.).
(2) TRICARE program.--The term ``TRICARE program'' means
the managed health care program that is established by the
Secretary of Defense under the authority of chapter 55 of title
10, United States Code, principally section 1097 of such title,
and includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the Uniformed
Services.
(3) Subvention program.--The term ``subvention program''
means the program established under section 3 to reimburse the
Department of Defense, from the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), for
health care services provided to Medicare-eligible covered
military beneficiaries through the managed care option of the
TRICARE program.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Defense and the Secretary of Health and Human
Services acting jointly.
SEC. 3. ESTABLISHMENT OF SUBVENTION PROGRAM.
(a) Establishment Required.--The Secretary of Defense and the
Secretary of Health and Human Services shall jointly establish a
program to provide the Department of Defense with reimbursement,
beginning October 1, 1997, in accordance with section 4, from the
Medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) for health care services provided to Medicare-
eligible covered military beneficiaries who agree to receive the health
care services through the managed care option of the TRICARE program.
(b) Voluntary Enrollment.--For purposes of the subvention program,
enrollment of Medicare-eligible covered military beneficiaries in the
managed care option of the TRICARE program shall be voluntary, except
that the total number of Medicare-eligible covered military
beneficiaries so enrolled shall be subject to the capacity and funding
limitations specified in section 4.
(c) Effect of Enrollment.--In the case of a Medicare-eligible
covered military beneficiary who enrolls in the managed care option of
the TRICARE program, payments may not be made under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) other than under the
subvention program for health care services provided through the
managed care option, except that the Secretaries may provide exceptions
for emergencies or other situations as the Secretaries consider
appropriate.
(d) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any Medicare-
eligible covered military beneficiary enrolled in the managed care
option of the TRICARE program for whom reimbursement may be made under
section 4.
(e) Modification of TRICARE Contracts.--In carrying out the
subvention program, the Secretary of Defense may amend existing TRICARE
program contracts as may be necessary to incorporate provisions
specifically applicable to Medicare-eligible covered military
beneficiaries who enroll in the managed care option of the TRICARE
program.
(f) Cost Sharing.--The Secretary of Defense may establish cost
sharing requirements for Medicare-eligible covered military
beneficiaries who enroll in the managed care option of the TRICARE
program and for whom reimbursement may be made under section 4.
(g) Expansion of Subvention Program.--The Secretaries may expand
the subvention program to incorporate health care services provided to
Medicare-eligible covered military beneficiaries under the fee-for-
service options of the TRICARE program if, in the report submitted
under section 713 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-106; 110 Stat. 2591), the Secretaries
determined that such expansion is feasible and advisable.
SEC. 4. DETERMINATION OF REIMBURSEMENT AMOUNTS.
(a) Reimbursement of Department of Defense.--
(1) Basis of payments.--Beginning October 1, 1997, monthly
payments to the Department of Defense under the subvention
program shall be made from the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) on
the basis that payments are made under section 1876(a) of the
such Act (42 U.S.C. 1395mm(a)).
(2) Amount of payments.--The Secretary of Health and Human
Services shall make payments to the Department of Defense from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund (allocated by the
Secretary of Health and Human Services between each trust fund
based on the relative weight that each trust fund contributes
to the required payment) at a per capita rate equal to 93
percent of the applicable adjusted average per capita cost for
each Medicare-eligible covered military beneficiary enrolled in
the managed care option of the TRICARE program in excess of the
number of such beneficiaries calculated under subsection (b)
for the Department of Defense maintenance of health care
effort.
(b) Maintenance of Defense Health Care Effort.--
(1) Maintenance of effort required.--The Secretary of
Defense shall maintain the Department of Defense health care
efforts for Medicare-eligible covered military beneficiaries so
as to avoid imposing on the Medicare program those costs that
the Department of Defense would be expected to incur to provide
health care services to Medicare-eligible covered military
beneficiaries in the absence of the subvention program.
(2) Estimate of prior effort.--For the first fiscal year of
the subvention program, the Secretaries shall estimate the
amount expended by the Department of Defense for fiscal year
1997 for providing health care items and services (other than
pharmaceuticals provided to outpatients) to Medicare-eligible
covered military beneficiaries. For subsequent fiscal years,
the amount so estimated shall be adjusted for inflation, for
differences between estimated and actual amounts expended, and
for changes in the Department of Defense health care budget
that exceed $100,000,000.
(3) Target for defense effort.--On the basis of the
estimate made under paragraph (2), the Secretaries shall
establish monthly targets of the number of Medicare-eligible
covered military beneficiaries for whom reimbursement will not
be provided to the Department of Defense under subsection (a).
(c) Protection of Medicare Program Against Increased Costs.--
(1) Purpose.--The purpose of this subsection is to protect
the Medicare program against costs incurred under subsection
(a) in connection with the provision of health care services to
Medicare-eligible covered military beneficiaries that would not
have been incurred by the medicare program in the absence of
the reimbursement requirement.
(2) Review by comptroller general.--Not later than December
31 of each year, the Comptroller General shall determine and
submit to the Secretaries and Congress a report on the extent,
if any, to which the costs of the Secretary of Defense under
the TRICARE program and the costs of the Secretary of Health
and Human Services under the Medicare program have increased as
a result of the subvention program.
(3) Actions to prevent increased costs.--If the Secretaries
determine that the trust funds under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) still incur excess costs
as a result of the subvention program, the Secretaries shall
take such steps as may be necessary to offset those excess
costs (and prevent future excess costs), including suspension
or termination of the subvention program, adjustment of the
payment rate under subsection (a)(2), or an adjustment of the
maintenance of effort requirements of the Department of Defense
under subsection (b). | Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD.
Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements. | {"src": "billsum_train", "title": "Uniformed Services Medicare Subvention Program Act"} | 1,851 | 367 | 0.677191 | 2.071843 | 0.815562 | 3.693694 | 4.927928 | 0.924925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grid Reliability Act of 2014''.
SEC. 2. GRID RELIABILITY.
(a) Compliance Under Emergency Orders.--Section 202(c) of the
Federal Power Act (16 U.S.C. 824a(c)) is amended--
(1) by striking ``(c) During'' and inserting the following:
``(c) Temporary Connection and Exchange of Facilities During
Emergency.--
``(1) In general.--During'';
(2) by striking ``If the parties'' and inserting the
following:
``(2) Terms.--If the parties''; and
(3) by adding at the end the following:
``(3) Administration of orders conflicting with other
laws.--In the case of an order issued under this subsection
that may result in a conflict with a requirement of any
Federal, State, or local environmental law (including a
regulation), the Commission shall ensure that the order--
``(A) requires generation, delivery, interchange,
or transmission of electric energy only during hours
necessary to meet the emergency and serve the public
interest; and
``(B) to the maximum extent practicable--
``(i) is consistent with any applicable
Federal, State, or local environmental law
(including a regulation); and
``(ii) minimizes any adverse environmental
impacts.
``(4) Applicability of other laws conflicting with
orders.--To the extent that an omission or action taken by a
party to comply with an order issued under this subsection
(including any omission or action taken to voluntarily comply
with the order) results in noncompliance with, or causes a
party to not comply with, any Federal, State, or local
environmental law (including a regulation), the omission or
action shall not be subject to any requirement, civil or
criminal liability, or a citizen suit under the environmental
law (or regulation).
``(5) Renewal or reissuance of orders conflicting with
other laws.--
``(A) In general.--An order issued under this
subsection that may result in a conflict with a
requirement of any Federal, State, or local
environmental law (including a regulation) shall expire
not later than 90 days after the date the order is
issued.
``(B) Renewal or reissuance of orders.--The
Commission may renew or reissue the order in accordance
with this subsection for subsequent periods of not to
exceed 90 days for each period, as the Commission
determines necessary to meet the emergency and serve
the public interest.
``(C) Administration.--In renewing or reissuing an
order under this paragraph, the Commission shall--
``(i) consult with the primary Federal
agency with expertise in the environmental
interest protected by the law (or regulation);
and
``(ii) include in the renewed or reissued
order such conditions as such Federal agency
determines necessary to minimize any adverse
environmental impacts, to the maximum extent
practicable.
``(D) Public availability.--Any conditions
submitted by a Federal agency described in subparagraph
(C)(i) shall be made available to the public.
``(E) Exclusion of conditions.--The Commission may
exclude a condition described in subparagraph (D) from
the renewed or reissued order if the Commission--
``(i) determines that the condition would
prevent the order from adequately addressing
the emergency necessitating the order; and
``(ii) provides in the order, or otherwise
makes publicly available, an explanation of the
determination.
``(6) Orders that are stayed, modified, or set aside.--If
an order issued under this subsection is subsequently stayed,
modified, or set aside by a court pursuant to section 313 or
any other provision of law, any omission or action previously
taken by a party that was necessary to comply with the order
while the order was in effect (including any omission or action
taken to voluntarily comply with the order) shall remain
subject to paragraph (4).''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
by inserting ``or municipality'' after ``any person''. | Grid Reliability Act of 2014 - Amends the Federal Power Act, with respect to temporary connection and exchange of facilities during an emergency, to direct the Federal Energy Regulatory Commission (FERC), if an order conflicts with any federal, state, or local environmental law or regulation, to ensure that the order: (1) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; (2) is consistent, to the maximum extent practicable, with federal, state, or local environmental law and regulations; and (3) minimizes any adverse environmental impacts. Shields from either civil or criminal liability, including a citizen suit under environmental law or regulation, those actions or omissions taken by a party to comply with an order issued pursuant to this Act, even if the order is subsequently stayed, modified, or set aside by a court. Declares that an order issued under this Act which may conflict with federal, state, or local environmental law or regulation expires within 90 days after its issuance date. Authorizes FERC to renew or reissue an order for subsequent 90-day periods if necessary to meet the emergency and serve the public interest. | {"src": "billsum_train", "title": "Grid Reliability Act of 2014"} | 973 | 262 | 0.707082 | 2.229125 | 0.99455 | 3.995745 | 3.714894 | 0.889362 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Options Petroleum Energy
Conservation Act of 2007''.
SEC. 2. CLIMATE NEUTRAL COMBUSTION CREDIT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of credit) is amended by striking ``and'' at the
end of paragraph (3), by striking the period at the end of paragraph
(4) and inserting ``, and'', and by adding at the end the following new
paragraph:
``(5) the climate neutral combustion credit.''.
(b) Amount of Credit.--Subpart E of part IV of subchapter A of
chapter 1 of such Code (relating to rules for computing investment
credit) is amended by inserting after section 48B the following new
section:
``SEC. 48C. CLIMATE NEUTRAL COMBUSTION CREDIT.
``(a) In General.--For purposes of section 46, the climate neutral
combustion credit for any taxable year is an amount equal to 20 percent
of the qualified investment for such taxable year.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of any
property placed in service by the taxpayer during such taxable
year which is part of a climate neutral combustion facility--
``(A)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer, and
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(2) Special rule for certain subsidized property.--Rules
similar to section 48(a)(4) shall apply for purposes of this
section.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(c) Climate Neutral Combustion Facility.--For purposes of this
section, the term `climate neutral combustion facility' means any
facility which--
``(1) burns matter to produce electricity,
``(2) captures the carbon dioxide released during
combustion and uses such carbon dioxide to recover hydrocarbon
fuel from below ground, and
``(3) produces no atmospheric emissions of mercury or
greenhouse gasses and no emissions that form fine particulate,
smog, or acid rain.
``(d) Denial of Double Benefit.--A credit shall not be allowed
under this section for any qualified investment for which a credit is
allowed under section 48A or 48B.''.
(c) Conforming Amendments.--
(1) Section 49(a)(1)(C) of such Code is amended by striking
``and'' at the end of clause (iii), by striking the period at
the end of clause (iv) and inserting ``, and'', and by adding
at the end the following new clause:
``(v) the basis of any property which is
part of a qualifying climate neutral combustion
facility.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48B the following new item:
``Sec. 48C. Climate neutral combustion credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY.
(a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii)
of section 48(a) of the Internal Revenue Code of 1986 (relating to
energy credit) are each amended by striking ``2009'' and inserting
``2013''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2008, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) In General.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``2008'' and inserting
``2012''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2008.
SEC. 5. PRIZE PROGRAM.
The Secretary of Energy shall establish a program to award a prize
in the amount of $1,000,000,000 to the first automobile manufacturer
incorporated in the United States to manufacture and sell in the United
States 60,000 midsized sedan automobiles which operate on gasoline and
can travel 100 miles per gallon.
SEC. 6. LITHIUM ION BATTERY TECHNOLOGY.
There are authorized to be appropriated to the Secretary of Energy
$30,000,000 for fiscal year 2007 for the development of advanced
lithium ion battery technology.
SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL,
METHANOL, AND BIODIESEL.
(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
179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING
ETHANOL, METHANOL, AND BIODIESEL.
``(a) In General.--A taxpayer may elect to treat the cost of any
qualified biofuel property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the property is placed in service.
``(b) Election.--An election under this section for any taxable
year shall be made on the taxpayer's return of the tax imposed by this
chapter for the taxable year. Such election shall be made in such
manner as the Secretary may by regulations prescribe. Any election made
under this section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Biofuel Property.--For purposes of this section--
``(1) In general.--The term `qualified biofuel property'
means any property--
``(A) used for the refining of any biofuel, and
``(B) the original use of which commences with the
taxpayer.
``(2) Biofuel.--The term `biofuel' means qualified methanol
or ethanol fuel (as defined in section 4041(b)(2)(B)) and
biodiesel (as defined in section 40A(d)).
``(d) Dual Use Property.--In the case of any property which is used
for the refining of any biofuel and for any other use, the cost of such
property taken into account under subsection (a) shall be reduced by an
amount which bears the same ratio to the cost of such property as such
other uses bears to all uses of such property.
``(e) Coordination With 50 Percent Expensing of Refineries.--
Section 179C shall not apply to any property taken into account under
subsection (a).
``(f) Recapture.--Rules similar to the rules of section 179(d)(10)
shall apply with respect to any property which ceases to be qualified
biofuel property.''.
(b) Conforming Amendments.--
(1) Section 1245(a) of such Code is amended by inserting
``179F,'' after ``179E,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(2) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (K), by striking the period
at the end of subparagraph (L) and inserting ``, or'', and by
inserting after subparagraph (L) the following new
subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179E'' each place it appears in the heading and
text and inserting ``179E, or 179F''.
(4) 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 179E the following new item:
``Sec. 179F. Election to expense certain property used in refining
ethanol, methanol, and biodiesel.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | New Options Petroleum Energy Conservation Act of 2007 - Amends the Internal Revenue Code to allow a tax credit for investment in a climate neutral combustion facility. Defines "climate neutral combustion facility" as any facility which: (1) burns matter to produce electricity; (2) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; and (3) produces no emissions of mercury or greenhouse gasses and no emissions that form fine particulate, smog, or acid rain.
Extends through 2012 the tax credits for investment in solar energy property and for residential energy efficient property expenditures.
Directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer who manufactures and sells in the United States 60,000 midsized sedans which operate on gasoline and can travel at 100 miles per gallon.
Authorizes appropriations for the development of advanced lithium ion battery technology.
Allows a taxpayer election to expense biofuel refining property. | {"src": "billsum_train", "title": "To provide incentives to reduce dependence on foreign oil."} | 2,163 | 213 | 0.470008 | 1.241932 | 0.712954 | 3.569061 | 10.099448 | 0.883978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Restoration Act''.
SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Annual priority list.--The term `annual priority
list' means the annual priority list compiled under subsection
(b).
``(2) Comprehensive plan.--The term `comprehensive plan'
means--
``(A) the comprehensive conservation and management
plan approved under section 320 for the San Francisco
Bay estuary; and
``(B) any amendments to that plan.
``(3) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, the entity that is
designated as the management conference under section 320.
``(b) Annual Priority List.--
``(1) In general.--After providing public notice, the
Administrator shall annually compile a priority list
identifying and prioritizing the activities, projects, and
studies intended to be funded with the amounts made available
under subsection (c).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include--
``(A) activities, projects, or studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the approved comprehensive plan;
``(B) information on the activities, projects,
programs, or studies specified under subparagraph (A),
including a description of--
``(i) the identities of the financial
assistance recipients; and
``(ii) the communities to be served; and
``(C) the criteria and methods established by the
Administrator for selection of activities, projects,
and studies.
``(3) Consultation.--In developing the priority list under
paragraph (1), the Administrator shall consult with and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed;
and
``(C) any other relevant stakeholder involved with
the protection and restoration of the San Francisco Bay
estuary that the Administrator determines to be
appropriate.
``(c) Grant Program.--
``(1) In general.--Pursuant to section 320, the
Administrator may provide funding through cooperative
agreements, grants, or other means to State and local agencies,
special districts, and public or nonprofit agencies,
institutions, and organizations, including the Estuary
Partnership, for activities, studies, or projects identified on
the annual priority list.
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided
to any individual or entity under this section for a
fiscal year shall not exceed an amount equal to 75
percent of the total cost of any eligible activities
that are to be carried out using those amounts.
``(B) Non-federal share.--The non-Federal share of
the total cost of any eligible activities that are
carried out using amounts provided under this section
shall be--
``(i) not less than 25 percent; and
``(ii) provided from non-Federal sources.
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator to carry out
this section $5,000,000 for each of fiscal years 2013 through
2017.
``(2) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year, the
Administrator shall use not more than 5 percent to pay
administrative expenses incurred in carrying out this section.
``(3) Relationship to other funding.--Nothing in this
section limits the eligibility of the Estuary Partnership to
receive funding under section 320(g).
``(4) Prohibition.--No amounts made available under
subsection (c) may be used for the administration of a
management conference under section 320.''. | San Francisco Bay Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to provide funding for activities, studies, or projects, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that are identified in an annual priority list and that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Authorizes funding to be provided through cooperative agreements, grants, or other means to state and local agencies, special districts, public or nonprofit agencies, institutions, and organizations. Prohibits funding from being used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Requires the Administrator, in developing the priority list, to consult with and consider the recommendations of: (1) the San Francisco Estuary Partnership, (2) the state of California and affected local governments in the San Francisco Bay estuary watershed, and (3) any other relevant stakeholder involved with the protection and restoration of such estuary. Limits funding amounts under this Act to 75% of the total cost of eligible activities to be carried out using those amounts. Authorizes the Administrator to carry out this Act for each of FY2013-FY2017. | {"src": "billsum_train", "title": "San Francisco Bay Restoration Act"} | 951 | 278 | 0.679962 | 1.810986 | 0.871495 | 4.264228 | 3.528455 | 0.922764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Gaming Regulatory Improvement
Act of 2001''.
SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended--
(1) in section 4(7) (25 U.S.C. 2703(7)), by adding at the
end the following:
``(G) Notwithstanding any other provision of law, sections
1 through 7 of the Act of January 2, 1951 (commonly known as
the Gambling Devices Transportation Act (15 U.S.C. 1171-1177))
shall not apply to any gaming described in subparagraph (A)(i)
(class II gaming) where electronic, computer, or other
technologic aids are used in connection with any such
gaming.'';
(2) in section 7 (25 U.S.C. 2706)--
(A) in subsection (c)--
(i) in paragraph (3), by striking ``and''
at the end thereof;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3), the
following:
``(4) the strategic plan for Commission activities.''; and
(B) by adding at the end the following:
``(d) Strategic Plan.--
``(1) In general.--The strategic plan required under
subsection (c)(4) shall include--
``(A) a comprehensive mission statement covering
the major functions and operations of the Commission;
``(B) the general goals and objectives, including
outcome-related goals and objectives, for the major
functions and operations of the Commission;
``(C) a description of how the general goals and
objectives are to be achieved, including a description
of the operational processes, skills and technology,
and the human, capital, information, and other
resources required to meet those goals and objectives;
``(D) a performance plan that shall be related to
the general goals and objectives of the strategic plan;
``(E) an identification of the key factors external
to the Commission and beyond its control that could
significantly affect the achievement of the general
goals and objectives; and
``(F) a description of the program evaluations used
in establishing or revising the general goals and
objectives, with a schedule for future program
evaluations.
``(2) Term of plan.--The strategic plan shall cover a
period of not less than 5 fiscal years beginning with the
fiscal year in which the plan is submitted. The strategic plan
shall be updated and revised at least every 4 years.
``(3) Performance plan.--The performance plan under
paragraph (1)(D) shall be consistent with the strategic plan.
In developing the performance plan, the Commission should be
consistent with the requirements of section 1115 of title 31,
United States Code (the Government Performance and Results
Act).
``(4) Consultation.--In developing the strategic plan, the
Commission shall consult with the Congress and tribal
governments, and shall solicit and consider the views and
suggestions of those entities that may be potentially affected
by or interested in such a plan.'';
(3) in section 11(b)(2)(F)(i) (25 U.S.C. 2710(b)(2)(F)(i)),
by striking ``primary management'' and all that follows through
``such officials'' and inserting ``tribal gaming commissioners,
key tribal gaming commission employees, and primary management
officials and key employees of the gaming enterprise and that
oversight of primary management officials and key employees'';
(4) in section 18(a) (25 U.S.C. 2717(a))--
(A) in paragraph (1), by striking ``by each'' and
all that follows through the period and inserting
``pursuant to section 22(a)'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(5) by redesignating section 22 (25 U.S.C. 2721) as section
25; and
(6) by inserting after section 21 (25 U.S.C. 2720) the
following:
``SEC. 22. FEE ASSESSMENTS.
``(a) Establishment of Schedule of Fees.--
``(1) In general.--Except as provided in this section, the
Commission shall establish a schedule of fees to be paid
annually to the Commission by each gaming operation that
conducts a class II or class III gaming activity that is
regulated by this Act.
``(2) Rates.--The rate of fees under the schedule
established under paragraph (1) that are imposed on the gross
revenues from each activity described in such paragraph shall
be as follows:
``(A) A fee of not more than 2.5 percent shall be
imposed on the first $1,500,000 of such gross revenues.
``(B) A fee of not more than 5 percent shall be
imposed on amounts in excess of the first $1,500,000 of
such gross revenues.
``(3) Total amount.--The total amount of all fees imposed
during any fiscal year under the schedule established under
paragraph (1) shall not exceed $8,000,000.
``(b) Commission Authorization.--
``(1) In general.--By a vote of not less than 2 members of
the Commission the Commission shall adopt the schedule of fees
provided for under this section. Such fees shall be payable to
the Commission on a quarterly basis.
``(2) Fees assessed for services.--The aggregate amount of
fees assessed under this section shall be reasonably related to
the costs of services provided by the Commission to Indian
tribes under this Act (including the cost of issuing
regulations necessary to carry out this Act). In assessing and
collecting fees under this section, the Commission shall take
into account the duties of, and services provided by, the
Commission under this Act.
``(3) Rulemaking.--The Commission shall promulgate
regulations as may be necessary to carry out this subsection.
``(4) Consultation.--In establishing a schedule of fees
under this section, the Commission shall consult with Indian
tribes.
``(c) Fee Reduction Program.--
``(1) In general.--In making a determination of the amount
of fees to be assessed for any class II or class III gaming
activity under the schedule of fees under this section, the
Commission may provide for a reduction in the amount of fees
that otherwise would be collected on the basis of the following
factors:
``(A) The extent of the regulation of the gaming
activity involved by a State or Indian tribe (or both).
``(B) The extent of self-regulating activities, as
defined by this Act, conducted by the Indian tribe.
``(C) Other factors determined by the Commission,
including
``(i) the unique nature of tribal gaming as
compared to commercial gaming, other
governmental gaming, and charitable gaming;
``(ii) the broad variations in the nature,
scale, and size of tribal gaming activity;
``(iii) the inherent sovereign rights of
Indian tribes with respect to regulating the
affairs of Indian tribes;
``(iv) the findings and purposes under
sections 2 and 3;
``(v) the amount of interest or investment
income derived from the Indian gaming
regulation accounts; and
``(vi) any other matter that is consistent
with the purposes under section 3.
``(2) Rulemaking.--The Commission shall promulgate
regulations as may be necessary to carry out this subsection.
``(3) Consultation.--In establishing any fee reduction
program under this subsection, the Commission shall consult
with Indian tribes.
``(d) Indian Gaming Regulation Accounts.--
``(1) In general.--All fees and civil forfeitures collected
by the Commission pursuant to this Act shall be maintained in
separate, segregated accounts, and shall only be expended for
purposes set forth in this Act.
``(2) Investments.--It shall be the duty of the Commission
to invest such portion of the accounts maintained under
paragraph (1) as are not, in the judgment of the Commission,
required to meet immediate expenses. The Commission shall
invest the amounts deposited under this Act only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
``(3) Sale of obligations.--Any obligation acquired by the
accounts maintained under paragraph (1), except special
obligations issued exclusively to such accounts, may be sold by
the Commission at the market price, and such special
obligations may be redeemed at par plus accrued interest.
``(4) Credits to the indian gaming regulatory accounts.--
The interest on, and proceeds from, the sale or redemption of
any obligations held in the accounts maintained under paragraph
(1) shall be credited to and form a part of such accounts.
``SEC. 23. MINIMUM STANDARDS.
``(a) Class I Gaming.--Notwithstanding any other provision of law,
class I gaming on Indian lands shall be within the exclusive
jurisdiction of the Indian tribes and shall not be subject to the
provisions of this Act.
``(b) Class II Gaming.--Effective on the date of enactment of this
section, an Indian tribe shall retain primary jurisdiction to regulate
class II gaming activities which, at a minimum, shall be conducted in
conformity with section 11 and regulations promulgated pursuant to
subsection (d).
``(c) Class III Gaming.--Effective on the date of enactment of this
section, an Indian tribe shall retain primary jurisdiction to regulate
class III gaming activities authorized under this Act. Any class III
gaming operated by an Indian tribe pursuant to this Act shall be
conducted in conformity with section 11 and regulations promulgated
pursuant to subsection (d).
``(d) Rulemaking.--
``(1) In general.--
``(A) Promulgation.--Not later than 180 days after
the date of enactment of the Indian Gaming Regulatory
Improvement Act of 2001, the Commission shall develop
procedures under subchapter III of chapter 5 of title
5, United States Code, to negotiate and promulgate
regulations relating to--
``(i) the monitoring and regulation of
tribal gaming;
``(ii) the establishment and regulation of
internal control systems; and
``(iii) the conduct of background
investigation.
``(B) Publication of proposed regulations.--Not
later than 1 year after the date of enactment of the
Indian Gaming Regulatory Improvement Act of 2001, the
Commission shall publish in the Federal Register
proposed regulations developed by a negotiated
rulemaking committee pursuant to this section.
``(2) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5, United States
Code, to carry out this subsection shall be composed only of
Federal and Indian tribal government representatives, a
majority of whom shall be nominated by and be representative of
Indian tribes that conduct gaming pursuant to this Act.
``(e) Existing Regulations.--Regulations that establish minimum
internal control standards that are promulgated by the Commission and
in effect on the date of enactment of this section shall, effective on
the date that is 1 year after such date of enactment, have no force or
effect.
``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL FINES.
``(a) In General.--Amounts collected by the Commission pursuant to
section 14 shall be deposited in a separate Indian gaming regulation
account as established under section 22(d). Funds in such accounts
shall be available to the Commission, as provided for in advance in
appropriations Acts, for carrying out this Act.
``(b) Use of Funds.--The Commission may provide grants and
technical assistance to Indian tribes from any funds secured by the
Commission pursuant to section 14, which funds shall be made available
only for the following purposes:
``(1) To provide technical training and other assistance to
Indian tribes to strengthen the regulatory integrity of Indian
gaming.
``(2) To provide assistance to Indian tribes to assess the
feasibility of non-gaming economic development activities on
Indian lands.
``(3) To provide assistance to Indian tribes to devise and
implement programs and treatment services for individuals
diagnosed as problem gamblers.
``(4) To provide other forms of assistance to Indian tribes
not inconsistent with the Indian Gaming Regulatory Act.
``(c) Source of Funds.--Amounts used to carry out subsection (b)
may only be drawn from funds--
``(1) collected by the Commission pursuant to section 14;
and
``(2) the use of which has been authorized in advance by an
appropriations Act.
``(d) Consultation.--In carrying out this section, the Commission
shall consult with Indian tribes and any other appropriate tribal or
Federal officials.
``(e) Regulations.--The Commission may promulgate such regulations
as may be necessary to carry out this section.''. | Indian Gaming Regulatory Improvement Act of 2001 - Amends the Indian Gaming Regulatory Act to make the Gambling Devices Transportation Act inapplicable to class II gaming where electronic, computer, or other technologic aids are used in connection with such gaming. Provides for a strategic plan for National Indian Gaming Commission activities, including a performance plan.Directs the Commission to establish a schedule of fees to be paid annually by each gaming operation that conducts a class II or III Indian gaming activity.Requires all fees and civil forfeitures collected by the Commission pursuant to such Act to be maintained in separate accounts and expended only for the purposes set forth in the Act.Places class I gaming on Indian lands within the exclusive jurisdiction of the Indian tribes. Requires an Indian tribe to retain the primary jurisdiction to regulate class II gaming activities that, at a minimum, shall be conducted in conformity with Federal standards and regulations promulgated by the Commission relating to the: (1) monitoring and regulation of tribal gaming; (2) establishment and regulation of internal control systems; and (3) conduct of background investigation. Requires an Indian tribe to retain primary jurisdiction to regulate class III gaming activities and requires that any such gaming be conducted in conformity with Federal standards and such regulations.Provides that existing regulations that established minimum internal control standards shall have no force or effect one year after the enactment of this Act.Authorizes the Commission, using funds collected from civil fines, to provide grants and technical assistance to Indian tribes for training and assistance related to Indian gaming. | {"src": "billsum_train", "title": "A bill to amend the Indian Gaming Regulatory Act, and for other purposes."} | 2,853 | 337 | 0.529351 | 1.571223 | 0.825536 | 3.489655 | 9.275862 | 0.951724 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fueling America
Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM
GAS VEHICLES
Sec. 101. Definitions.
Sec. 102. Natural gas and liquefied petroleum gas vehicle research,
development, and demonstration projects.
Sec. 103. Study of increasing natural gas and liquefied petroleum gas
vehicles in Federal fleet.
Sec. 104. Clean school bus program.
TITLE II--TAX INCENTIVES
Sec. 201. Credit for natural gas and liquefied petroleum gas refueling
property.
Sec. 202. Credit for purchase of vehicles fueled by natural gas or
liquefied petroleum gas.
TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM
GAS VEHICLES
SEC. 101. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Natural gas.--The term ``natural gas'' means--
(A) compressed natural gas;
(B) liquefied natural gas;
(C) biomethane; and
(D) mixtures of--
(i) hydrogen; and
(ii) methane, biomethane, compressed
natural gas, or liquefied natural gas.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 102. NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROJECTS.
(a) In General.--The Secretary, in coordination with the
Administrator, shall conduct a program of natural gas and liquefied
petroleum gas vehicle research, development, and demonstration.
(b) Purposes.--The purposes of the program conducted under this
section are to focus on--
(1) the continued improvement and development of new,
cleaner, more efficient light-duty, medium-duty, and heavy-duty
natural gas and liquefied petroleum gas vehicle engines;
(2) the integration of those engines into light-duty,
medium-duty, and heavy-duty natural gas and liquefied petroleum
gas vehicles for onroad and offroad applications;
(3) expanding product availability by assisting
manufacturers with the certification of the engines or vehicles
described in paragraph (1) or (2) to comply with Federal or
California certification requirements and in-use emission
standards;
(4) the demonstration and proper operation and use of the
vehicles described in paragraph (2) under all operating
conditions;
(5) the development and improvement of nationally
recognized codes and standards for the continued safe operation
of vehicles described in paragraph (2) and the components of
the vehicles;
(6) improvement in the reliability and efficiency of
natural gas and liquefied petroleum gas fueling station
infrastructure;
(7) the certification of natural gas and liquefied
petroleum gas fueling station infrastructure to nationally
recognized and industry safety standards;
(8) the improvement in the reliability and efficiency of
onboard natural gas and liquefied petroleum gas fuel storage
systems;
(9) the development of new natural gas and liquefied
petroleum gas fuel storage materials;
(10) the certification of onboard natural gas and liquefied
petroleum gas fuel storage systems to nationally recognized and
industry safety standards; and
(11) the use of natural gas and liquefied petroleum gas
engines in hybrid vehicles.
(c) Certification of Aftermarket Conversion Systems.--
(1) In general.--The Secretary shall coordinate with the
Administrator on issues related to streamlining the
certification of natural gas and liquefied petroleum gas
aftermarket conversion systems to comply with appropriate
Federal certification requirements and in-use emission
standards.
(2) Streamlined certification.--For purposes of paragraph
(1), streamlined certification shall include providing
aftermarket conversion system manufacturers the option to
continue to sell and install systems on engines and test groups
for which the manufacturers have previously received a
certificate of conformity without having to request a new
certificate in future years.
(d) Cooperation and Coordination With Industry.--In developing and
carrying out the program under this section, the Secretary shall
coordinate with the natural gas and liquefied petroleum gas vehicle
industry to ensure, to the maximum extent practicable, cooperation
between the public and the private sector.
(e) Administration.--The program under this section shall be
conducted in accordance with sections 3001 and 3002 of the Energy
Policy Act of 1992 (42 U.S.C. 13541, 13542).
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the implementation of this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000 for
each of fiscal years 2010 through 2014.
SEC. 103. STUDY OF INCREASING NATURAL GAS AND LIQUEFIED PETROLEUM GAS
VEHICLES IN FEDERAL FLEET.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services, in consultation with the
Administrator, shall--
(1) conduct a study on whether or not the Federal fleet
should increase the number of light-duty, medium-duty, and
heavy-duty natural gas and liquefied petroleum gas vehicles in
the fleet;
(2) assess the barriers to increasing the number of natural
gas and liquefied petroleum gas vehicles in the fleet;
(3) assess the potential for maximizing the use of natural
gas and liquefied petroleum gas vehicles in the fleet; and
(4) submit to the appropriate committees of Congress a
report on the results of the study.
SEC. 104. CLEAN SCHOOL BUS PROGRAM.
(a) In General.--Section 6015 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (42 U.S.C.
16091a) is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by
striking ``50'' and inserting ``65'';
(ii) in the matter preceding clause (i), by
striking ``one-half'' and inserting ``65
percent'';
(iii) in clause (i)(II), by striking ``or''
after the semicolon at the end;
(iv) in clause (ii), by striking the period
at the end and inserting as semicolon; and
(v) by adding at the end the following:
``(iii) clean school buses with engines
manufactured in model year 2010, 2011, 2012,
2013, or 2014 that satisfy regulatory
requirements established by the Administrator
for emissions of oxides of nitrogen and
particulate matter to be applicable for school
buses manufactured in that model year; or
``(iv) clean school buses with engines only
fueled by compressed natural gas, liquefied
natural gas, or liquefied petroleum gas, except
that school buses described in this clause may
be eligible for a grant that is equal to an
additional 25 percent of the acquisition costs
of the school buses (including fueling
infrastructure).''; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
striking ``25'' and inserting ``50''; and
(ii) in the matter preceding clause (i), by
striking ``one-fourth'' and inserting ``50
percent''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking ``2008, 2009, and
2010.'' and inserting ``2008 and 2009; and''; and
(C) by adding at the end the following:
``(3) $75,000,000 for each of fiscal years 2010 through
2014.''.
(b) Technical Correction.--Section 741 of the Energy Policy Act of
2005 (42 U.S.C. 16091) is repealed.
TITLE II--TAX INCENTIVES
SEC. 201. CREDIT FOR NATURAL GAS AND LIQUEFIED PETROLEUM GAS REFUELING
PROPERTY.
(a) Increase in Credit Percentage for Natural Gas and Liquefied
Petroleum Gas Refueling Property.--Subsection (e) of section 30C of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(7) Special rule for qualified natural gas vehicle
refueling property and qualified liquefied petroleum gas
vehicle refueling property.--
``(A) In general.--In the case of any qualified
natural gas vehicle refueling property and any
qualified liquefied petroleum gas vehicle refueling
property to which paragraph (6) does not apply--
``(i) subsection (a) shall be applied by
substituting `50 percent' for `30 percent',
``(ii) subsection (b)(1) shall be applied
by substituting `$50,000' for `$30,000', and
``(iii) subsection (b)(2) shall be applied
by substituting `$2,000' for `$1,000'.
``(B) Qualified natural gas vehicle refueling
property.--For purposes of this paragraph, the term
`qualified natural gas vehicle refueling property' has
the same meaning as the term `qualified alternative
fuel vehicle refueling property' would have under
subsection (c) if only natural gas, compressed natural
gas, and liquefied natural gas were treated as clean-
burning fuels for purposes of section 179A(d).
``(C) Qualified liquefied petroleum gas vehicle
refueling property.--For purposes of this paragraph,
the term `qualified liquefied petroleum gas vehicle
refueling property' has the same meaning as the term
`qualified alternative fuel vehicle refueling property'
would have under subsection (c) if only liquefied
petroleum gas were treated as a clean-burning fuel for
purposes of section 179A(d).''.
(b) Extension of Credit.--Subsection (g) of section 30C of the
Internal Revenue Code of 1986 is amended to read as follows:
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2014.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008, in taxable
years ending after such date.
SEC. 202. CREDIT FOR PURCHASE OF VEHICLES FUELED BY NATURAL GAS OR
LIQUEFIED PETROLEUM GAS.
(a) In General.--Subsection (e) of section 30B of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Higher incremental cost limits for natural gas
vehicles and liquefied petroleum gas vehicles.--
``(A) In general.--In the case of any eligible
natural gas motor vehicle and any eligible liquefied
petroleum gas motor vehicle, paragraph (3) shall be
applied by multiplying each of the dollar amounts
contained in such paragraph by 2.
``(B) Eligible natural gas motor vehicle.--For
purposes of this paragraph, the term `eligible natural
gas motor vehicle' means (except as provided in clause
(ii)) a new qualified alternative fuel motor vehicle or
aftermarket conversion system the final assembly of
which is in the United States and that--
``(i) is only capable of operating on
compressed natural gas or liquefied natural
gas, or
``(ii) is capable of operating for more
than 175 miles on compressed natural gas or
liquefied natural gas and is capable of
operating on gasoline or diesel fuel.
``(C) Eligible liquefied petroleum gas motor
vehicle.--For purposes of this paragraph, the term
`eligible liquefied petroleum gas motor vehicle' means
(except as provided in clause (ii)) a new qualified
alternative fuel motor vehicle or aftermarket
conversion system the final assembly of which is in the
United States and that--
``(i) is only capable of operating on
liquefied petroleum gas, or
``(ii) is capable of operating for more
than 175 miles on liquefied petroleum gas and
is capable of operating on gasoline or diesel
fuel.
``(D) Aftermarket conversion system.--For purposes
of this paragraph, the term `aftermarket conversion
system' means property that converts a vehicle that is
not described in this paragraph into an eligible
natural gas motor vehicle (for purposes of subparagraph
(B)) or an eligible liquefied petroleum gas motor
vehicle (for purposes of subparagraph (C)).''.
(b) Extension of Credit for Natural Gas and Liquefied Petroleum Gas
Vehicles.--Paragraph (4) of section 30B(k) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'',
(3) by striking ``(as described in subsection (e))'' in
paragraph (4) and inserting ``(as described in paragraph (4) or
(5) of subsection (e))'', and
(4) by adding at the end the following new paragraph:
``(5) in the case of a new qualified alternative fuel
vehicle described in subsection (e)(6), December 31, 2014.''.
(c) Effective Date.--The amendments made by this section shall
apply to vehicles placed in service after December 31, 2008, in taxable
years ending after such date. | Fueling America Act of 2009 - Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to: (1) conduct a natural gas and liquefied petroleum gas vehicle research, development, and demonstration program; and (2) address the streamlining of manufacturer certification of natural gas and liquefied petroleum gas aftermarket conversion systems to comply with federal requirements and in-use emission standards.
Requires the Administrator of General Services to study and report to Congress on whether the federal fleet should increase the number of its light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicles.
Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to increase from 50% to 65% of acquisition costs the federal matching grants for replacing school buses under the clean school bus program.
Extends eligibility for such grants to clean school buses with: (1) engines manufactured in model years 2010-2014 that satisfy federal requirements for emissions of oxides of nitrogen and particulate matter; or (2) engines only fueled by compressed natural gas, liquefied natural gas, or liquefied petroleum gas (including eligibility for a grant for an additional 25% of the acquisition costs of such school buses).
Amends the Internal Revenue Code to increase the percentage rate of, and extend through calendar 2014, the tax credit for the purchase of natural gas vehicle refueling property and liquefied petroleum gas vehicle refueling property.
Doubles the incremental cost limits for vehicles fueled by natural gas or liquefied petroleum gas in the formula for determining the new qualified alternative fuel motor vehicle credit. | {"src": "billsum_train", "title": "A bill to encourage increased production of natural gas and liquified petroleum gas vehicles and to provide tax incentives for natural gas and liquefied petroleum gas vehicle infrastructure, and for other purposes."} | 3,141 | 361 | 0.630839 | 1.917077 | 0.751872 | 4.128125 | 8.615625 | 0.915625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Radio Freedom Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Customer.--The term ``customer'' means--
(A) a person or entity that contracts with a
provider of satellite digital audio radio service; or
(B) if the end user of such satellite digital audio
radio service is not such contracting party, the end
user of such satellite digital audio radio service, but
only for purposes of determining the place of primary
use;
but does not include a reseller of satellite digital audio
radio services.
(2) Local taxing jurisdiction.--The term ``local taxing
jurisdiction'' means any municipality, city, county, township,
parish, transportation district, or assessment jurisdiction, or
any other local jurisdiction in the territorial jurisdiction of
the United States with the authority to impose a tax or fee,
but does not include a State.
(3) Place of primary use.--The term ``place of primary
use'' means the residential street address or the primary
business street address representative of where the customer's
use of the satellite digital audio radio service primarily
occurs.
(4) Provider of satellite digital audio radio service.--The
term ``provider of satellite digital audio radio service''
means a person who transmits, broadcasts, sells, or distributes
satellite digital audio radio service.
(5) Satellite digital audio radio service.--The term
``satellite digital audio radio service'' means any radio
communication service provided in the 2320-2345 MHz frequency
band pursuant to a license from the Federal Communications
Commission.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States.
(7) Supplemental terrestrial repeater.--The term
``supplemental terrestrial repeater'' means a complementary
terrestrial transmitter used to retransmit signals received
from one or more satellites used to provide satellite digital
audio radio service.
(8) Tax or fee.--The terms ``tax'' and ``fee'' mean any
local sales tax, local use tax, local intangible tax, local
income tax, business license tax, utility tax, privilege tax,
gross receipts tax, excise tax, franchise fees,
telecommunications tax, communications tax, or any other tax,
license, or fee that is imposed for the privilege of doing
business, regulating, or raising revenue for a local taxing
jurisdiction, other than ad valorem property taxes.
SEC. 3. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIGITAL AUDIO
RADIO SATELLITE SERVICE.
(a) Preemption.--
(1) Exemption from local taxation.--No tax or fee shall be
imposed by a local taxing jurisdiction on the provision,
purchase, or use of satellite digital audio radio service, or
on a provider of satellite digital audio radio service.
(2) Exception.--Subsection (a)(1) shall not apply to any
tax or fee imposed by any local taxing jurisdiction on
satellite digital audio radio service to the extent that a
provider of satellite digital audio radio service owns, leases,
or otherwise uses a supplemental terrestrial transmitter that
is physically located in such jurisdiction.
(b) Preservation of State Authority.--This section shall not be
construed to prevent taxation of a provider of satellite digital audio
radio service by a State or to prevent a local taxing jurisdiction from
receiving revenue derived from a tax or fee imposed and collected by a
State.
SEC. 4. STATE TAXATION OF SATELLITE DIGITAL AUDIO RADIO SERVICES.
(a) Limitation.--This section does not provide the authority for a
State to impose a tax or fee unless all of the following circumstances
exist:
(1) The place of primary use is physically located within
the physical boundaries of the State.
(2) The law of such State authorizes the imposition of such
taxes or fees.
(b) Charges.--
(1) Sourcing for purposes of state taxes and fees.--All
charges for satellite digital audio radio services subject to
imposition of taxes or fees by a State shall be sourced to the
customer's place of primary use as defined in section 2,
regardless of where the satellite digital audio radio service
transmission services originate, terminate, or pass through.
(2) Sourcing for other purposes.--Notwithstanding the law
of any State, all charges for satellite digital audio radio
service shall be sourced to the customer's applicable
residential street address or the primary business street
address of the customer. | Satellite Radio Freedom Act - Prohibits any tax or fee from being imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service or on a provider of such service. Makes an exception to the extent that a provider of such service owns, leases, or otherwise uses a supplemental terrestrial (land-based) transmitter that is physically located in such jurisdiction.Authorizes State taxation on such service only if: (1) the place of primary use is physically located within the boundaries of the State; and (2) the law of such State authorizes the imposition of such taxes or fees. Requires the charging: (1) of such taxes or fees to be sourced (based) on the customer's place of primary use, regardless of where the services originate, terminate, or pass through; and (2) for such service to be based on the customer's residential street address or primary business address. | {"src": "billsum_train", "title": "To preempt of local taxation with respect to satellite digital audio radio services and to provide for determining State authority for taxation of satellite digital audio radio service."} | 1,031 | 205 | 0.673778 | 1.840768 | 0.878531 | 5.224044 | 4.994536 | 0.939891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theatrical Motion Picture Authorship
Act of 1995''.
SEC. 2. THEATRICAL MOTION PICTURE DEFINED.
Section 101 of title 17, United States Code, is amended by
inserting after the paragraph defining ``State'' the following:
``A `theatrical motion picture' is a motion picture of 60
minutes duration or greater intended for public exhibition,
public performance, public sale, or lease, and includes made
for television motion pictures, but does not include episodic
television programs of less than 60 minutes duration (exclusive
of commercials), motion pictures prepared for private
commercial or industrial purposes, or program-length
commercials.''.
SEC. 3. NONECONOMIC INTERESTS OF THEATRICAL MOTION PICTURE ARTISTS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by inserting after section 106A the following:
``Sec. 106B. Noneconomic interests of certain theatrical motion picture
artists
``(a) Noneconomic Interests.--Subject to section 107 and
independent of the exclusive rights provided in section 106, the
principal director, screenwriter, and cinematographer of a theatrical
motion picture have the noneconomic interests in that motion picture.
The noneconomic interests in a theatrical motion picture that are
referred to in the preceding sentence are of the principal director,
screenwriter, or cinematographer--
``(1) the right of the principal director, screenwriter, or
cinematographer (as the case may be) of that motion picture to
claim that he or she was the principal director, screenwriter,
or cinematographer (as the case may be) of that motion picture;
``(2) the right of the principal director, screenwriter, or
cinematographer (as the case may be) of that motion picture to
prevent the use of his or her name as the principal director,
screenwriter, or cinematographer (as the case may be) of a
theatrical motion picture of which he or she was not the
principal director, screenwriter, or cinematographer (as the
case may be); and
``(3) the right of the principal director, screenwriter, or
cinematographer (as the case may be) of that motion picture to
prevent any intentional distortion, mutilation, or other
modification of that motion picture which would be prejudicial
to his or her honor or reputation.
``(b) Scope and Exercise of Rights.--Only a physical person may
exercise the rights conferred by subsection (a) in a theatrical motion
picture, but such rights may be exercised whether or not that person is
the copyright owner.
``(c) Duration of Rights.--The duration of the noneconomic
interests in a theatrical motion picture shall be coextensive with, and
shall expire at the same time as, the rights conferred by section 106
in that motion picture.
``(d) Transfer and Waiver.--The noneconomic interests in a
theatrical motion picture may not be transferred, but they may be
exercised by the heir of the principal director, screenwriter, or
cinematographer, as the case may be. Those rights may be waived if the
principal director, screenwriter, or cinematographer, as the case may
be, expressly agrees to such waiver in a written instrument signed by
such person, except that--
``(1) such written instrument may not be executed before
the first public performance of the motion picture (after
previews and trial runs); and
``(2) no consideration in excess of one dollar may be given
for the grant of the waiver.
Such instrument shall specifically identify the theatrical motion
picture and the uses of that motion picture to which the waiver
applies, and the waiver shall apply only to the motion picture and uses
so identified.
``(e) Definition.--As used in this section, the term `heir' means
the person to whom the noneconomic interests conferred by this section
are bequeathed by will or pass by the applicable laws of intestate
succession.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 1 of title 17, United States Code, is amended by inserting
after the item relating to section 106A the following:
``106B. Noneconomic interests of certain theatrical motion picture
artists''.
SEC. 4. CLARIFICATION OF AUTHORSHIP.
Section 201(b) of title 17, United States Code, is amended--
(1) by striking ``In the case of a work made for hire,''
and inserting ``In the case of a work made for hire, except in
the case of theatrical motion pictures with respect to the
noneconomic interests in the work,''; and
(2) by adding at the end the following:
``(2) In the case of theatrical motion pictures with respect to
ownership of noneconomic interests in the work, the author shall be the
principal director, principal screenwriter, and principal
cinematographer.''.
SEC. 5. INFRINGEMENT ACTIONS.
Section 501(a) of title 17, United States Code, is amended in the
first sentence by inserting ``or in section 106B(a)'' after ``of the
author as provided in section 106A(a)''. | Theatrical Motion Picture Authorship Act of 1995 - Declares that the principal director, screenwriter, and cinematographer of a theatrical motion picture have the noneconomic interests in such picture. Describes such interests as the right of the director, screenwriter, or cinematographer to: (1) claim that he or she was the director, screenwriter, or cinematographer of the picture; (2) prevent the use of his or her name as the director, screenwriter, or cinematographer of pictures of which he or she was not the director, screenwriter, or cinematographer; and (3) prevent any intentional distortion, mutilation, or other modification of the picture which would be prejudicial to his or her honor or reputation. Permits the exercise of such rights whether or not the person is the copyright owner.
Requires the duration of such interests to be coextensive with (and expire at the same time as) exclusive copyright rights in the picture. Prohibits the transfer of such interests, but authorizes the exercise of such interests by heirs. Authorizes the waiver of such rights, but prohibits: (1) the execution of the written instrument containing the waiver before the first public performance of the motion picture; and (2) consideration exceeding one dollar to be given for the grant of the waiver.
Revises copyright ownership provisions to provide that the principal director, screenwriter, and cinematographer shall be considered authors with respect to ownership of noneconomic interests in theatrical motion pictures.
Considers violations of rights granted by this Act to be infringements. | {"src": "billsum_train", "title": "Theatrical Motion Picture Authorship Act of 1995"} | 1,181 | 339 | 0.689257 | 2.132432 | 0.822371 | 3.945392 | 3.600683 | 0.90785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Security Enhancement Act of
1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The National Institute of Standards and Technology has
responsibility for developing standards and guidelines needed
to ensure the cost-effective security and privacy of sensitive
information in Federal computer systems.
(2) The Federal Government has an important role in
ensuring the protection of sensitive, but unclassified,
information controlled by Federal agencies.
(3) Technology that is based on the application of
cryptography exists and can be readily provided by private
sector companies to ensure the confidentiality, authenticity,
and integrity of information associated with public and private
activities.
(4) The development and use of encryption technologies
should be driven by market forces rather than by Government
imposed requirements.
(5) Federal policy for control of the export of encryption
technologies should be determined in light of the public
availability of comparable encryption technologies outside of
the United States in order to avoid harming the competitiveness
of United States computer hardware and software companies.
(b) Purposes.--The purposes of this Act are to--
(1) reinforce the role of the National Institute of
Standards and Technology in ensuring the security of
unclassified information in Federal computer systems;
(2) promote technology solutions based on private sector
offerings to protect the security of Federal computer systems;
and
(3) provide the assessment of the capabilities of
information security products incorporating cryptography that
are generally available outside the United States.
SEC. 3. VOLUNTARY STANDARDS FOR PUBLIC KEY MANAGEMENT INFRASTRUCTURE.
Section 20(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3(b)) is amended--
(1) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (7), and (8), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) upon request from the private sector, to assist in
establishing voluntary interoperable standards, guidelines, and
associated methods and techniques to facilitate and expedite
the establishment of non-Federal management infrastructures for
public keys that can be used to communicate with and conduct
transactions with the Federal Government;''.
SEC. 4. SECURITY OF FEDERAL COMPUTERS AND NETWORKS.
Section 20(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3(b)), as amended by section 3 of this Act, is
further amended by inserting after paragraph (4), as so redesignated by
section 3(1) of this Act, the following new paragraphs:
``(5) to provide guidance and assistance to Federal
agencies in the protection of interconnected computer systems
and to coordinate Federal response efforts related to
unauthorized access to Federal computer systems;
``(6) to perform evaluations and tests of--
``(A) information technologies to assess security
vulnerabilities; and
``(B) commercially available security products for
their suitability for use by Federal agencies for
protecting sensitive information in computer
systems;''.
SEC. 5. COMPUTER SECURITY IMPLEMENTATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) In carrying out subsection (a)(3), the Institute shall--
``(1) emphasize the development of technology-neutral
policy guidelines for computer security practices by the
Federal agencies;
``(2) actively promote the use of commercially available
products to provide for the security and privacy of sensitive
information in Federal computer systems; and
``(3) participate in implementations of encryption
technologies in order to develop required standards and
guidelines for Federal computer systems, including assessing
the desirability of and the costs associated with establishing
and managing key recovery infrastructures for Federal
Government information.''.
SEC. 6. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
inserting after subsection (c), as added by section 5 of this Act, the
following new subsection:
``(d)(1) The Institute shall solicit the recommendations of the
Computer System Security and Privacy Advisory Board, established by
section 21, regarding standards and guidelines that are being
considered for submittal to the Secretary of Commerce in accordance
with subsection (a)(4). No standards or guidelines shall be submitted
to the Secretary prior to the receipt by the Institute of the Board's
written recommendations. The recommendations of the Board shall
accompany standards and guidelines submitted to the Secretary.
``(2) There are authorized to be appropriated to the Secretary of
Commerce $1,000,000 for fiscal year 1998 and $1,030,000 for fiscal year
1999 to enable the Computer System Security and Privacy Advisory Board,
established by section 21, to identify emerging issues related to
computer security, privacy, and cryptography and to convene public
meetings on those subjects, receive presentations, and publish reports,
digests, and summaries for public distribution on those subjects.''.
SEC. 7. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION STANDARDS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
adding at the end the following new subsection:
``(g) The Institute shall not promulgate, enforce, or otherwise
adopt standards, or carry out activities or policies, for the Federal
establishment of encryption standards required for use in computer
systems other than Federal Government computer systems.''.
SEC. 8. MISCELLANEOUS AMENDMENTS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended--
(1) in subsection (b)(8), as so redesignated by section
3(1) of this Act, by inserting ``to the extent that such
coordination will improve computer security and to the extent
necessary for improving such security for Federal computer
systems'' after ``Management and Budget)'';
(2) in subsection (e), as so redesignated by section 5(1)
of this Act, by striking ``shall draw upon'' and inserting in
lieu thereof ``may draw upon'';
(3) in subsection (e)(2), as so redesignated by section
5(1) of this Act, by striking ``(b)(5)'' and inserting in lieu
thereof ``(b)(8)''; and
(4) in subsection (f)(1)(B)(i), as so redesignated by
section 5(1) of this Act, by inserting ``and computer
networks'' after ``computers''.
SEC. 9. FEDERAL COMPUTER SYSTEM SECURITY TRAINING.
Section 5(b) of the Computer Security Act of 1987 (49 U.S.C. 759
note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to include emphasis on protecting sensitive
information in Federal databases and Federal computer sites
that are accessible through public networks.''.
SEC. 10. COMPUTER SECURITY FELLOWSHIP PROGRAM.
There are authorized to be appropriated to the Secretary of
Commerce $250,000 for fiscal year 1998 and $500,000 for fiscal year
1999 for the Director of the National Institute of Standards and
Technology for fellowships, subject to the provisions of section 18 of
the National Institute of Standards and Technology Act (15 U.S.C. 278g-
1), to support students at institutions of higher learning in computer
security. Amounts authorized by this section shall not be subject to
the percentage limitation stated in such section 18.
SEC. 11. STUDY OF PUBLIC KEY INFRASTRUCTURE BY THE NATIONAL RESEARCH
COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Commerce
shall enter into a contract with the National Research Council of the
National Academy of Sciences to conduct a study of public key
infrastructures for use by individuals, businesses, and government.
(b) Contents.--The study referred to in subsection (a) shall--
(1) assess technology needed to support public key
infrastructures;
(2) assess current public and private plans for the
deployment of public key infrastructures;
(3) assess interoperability, scalability, and integrity of
private and public entities that are elements of public key
infrastructures;
(4) make recommendations for Federal legislation and other
Federal actions required to ensure the national feasibility and
utility of public key infrastructures; and
(5) address such other matters as the National Research
Council considers relevant to the issues of public key
infrastructure.
(c) Interagency Cooperation With Study.--All agencies of the
Federal Government shall cooperate fully with the National Research
Council in its activities in carrying out the study under this section,
including access by properly cleared individuals to classified
information if necessary.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Commerce shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report setting
forth the findings, conclusions, and recommendations of the National
Research Council for public policy related to public key
infrastructures for use by individuals, businesses, and government.
Such report shall be submitted in unclassified form.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $450,000 for fiscal year
1998, to remain available until expended, for carrying out this
section.
SEC. 12. PROMOTION OF NATIONAL INFORMATION SECURITY.
The Under Secretary of Commerce for Technology shall--
(1) promote the more widespread use of applications of
cryptography and associated technologies to enhance the
security of the Nation's information infrastructure;
(2) establish a central clearinghouse for the collection by
the Federal Government and dissemination to the public of
information to promote awareness of information security
threats; and
(3) promote the development of the national, standards-
based infrastructure needed to support commercial and private
uses of encryption technologies for confidentiality and
authentication.
SEC. 13. DIGITAL SIGNATURE INFRASTRUCTURE.
(a) National Policy Panel.--The Under Secretary of Commerce for
Technology shall establish a National Policy Panel for Digital
Signatures. The Panel shall be composed of nongovernment and government
technical and legal experts on the implementation of digital signature
technologies, individuals from companies offering digital signature
products and services, State officials, including officials from States
which have enacted statutes establishing digital signature
infrastructures, and representative individuals from the interested
public.
(b) Responsibilities.--The Panel established under subsection (a)
shall serve as a forum for exploring all relevant factors associated
with the development of a national digital signature infrastructure
based on uniform standards that will enable the widespread availability
and use of digital signature systems. The Panel shall develop--
(1) model practices and procedures for certification
authorities to ensure accuracy, reliability, and security of
operations associated with issuing and managing certificates;
(2) standards to ensure consistency among jurisdictions
that license certification authorities; and
(3) audit standards for certification authorities.
(c) Administrative Support.--The Under Secretary of Commerce for
Technology shall provide administrative support to the Panel
established under subsection (a) of this section as necessary to enable
the Panel to carry out its responsibilities.
SEC. 14. SOURCE OF AUTHORIZATIONS.
Amounts authorized to be appropriated by this Act shall be derived
from amounts authorized under the National Institute of Standards and
Technology Authorization Act of 1997. | Computer Security Enhancement Act of 1997 - Amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology, in fulfilling its responsibilities under the computer standards program, to: (1) upon request from the private sector, assist in establishing voluntary interoperable standards, guidelines, and associated methods and techniques to facilitate and expedite the establishment of non-Federal public key management infrastructures that can be used to communicate with and conduct transactions with the Federal Government; and (2) provide assistance to Federal agencies in the protection of computer networks, and coordinate Federal response efforts related to unauthorized access to Federal computer systems. Requires the Institute to perform evaluation and tests of: (1) information technologies to assess security vulnerabilities; and (2) commercially available security products for their suitability for use by Federal agencies for protecting sensitive information in computer systems.
(Sec. 5) Requires the Institute to carry out specified activities in the development of uniform standards and guidelines for the cost-effective security and privacy of sensitive information in certain Federal computer systems.
(Sec. 6) Directs the Institute to solicit the recommendations of the Computer System Security and Privacy Advisory Board regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce.
Authorizes separate appropriations for FY 1998 and FY 1999 to enable the Board to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.
(Sec. 7) Prohibits the Institute from promulgating, enforcing, or otherwise adopting standards, or carrying out activities or policies, for the Federal establishment of encryption standards required for use in computer systems other than Federal Government computer systems.
(Sec. 8) Revises specified requirements, including authorizing (currently, requiring) the Institute, for the purposes of performing research and conducting studies, to draw upon computer system security guidelines developed by the National Security Agency.
(Sec. 9) Amends the Computer Security Act of 1987 to revise requirements regarding Federal computer system security training to require such training to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks.
(Sec. 10) Authorizes appropriations for FY 1998 and 1999 for fellowships to support students at institutions of higher learning in computer security.
(Sec. 11) Requires a study by National Research Council of the National Academy of Sciences of public key infrastructures. Authorizes appropriations for carrying out the study.
(Sec. 12) Directs the Under Secretary of Commerce for Technology to: (1) promote the more widespread use of cryptography applications and associated technologies to enhance the security of the Nation's information infrastructure; (2) establish a central clearinghouse for the collection by the Federal Government and dissemination to the public of information to promote awareness of information security threats; (3) promote the development of the national, standards-based infrastructure needed to support commercial and private uses of encryption technologies for confidentiality and authentication; and (4) establish a National Policy Panel for Digital Signatures to serve as a forum for exploring all relevant factors associated with the development of a national digital signature infrastructure based on uniform standards that will enable the widespread availability and use of digital signature systems. | {"src": "billsum_train", "title": "Computer Security Enhancement Act of 1997"} | 2,610 | 712 | 0.656946 | 2.289599 | 0.727345 | 5.351938 | 3.83876 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance for Ex-Offenders Act
of 2016''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``subchapter d--expungement
``Sec.
``3631. Expungement of certain criminal records in limited
circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``3636. Unsealing of records.
``Sec. 3631. Expungement of certain criminal records in limited
circumstances
``(a) In General.--Any individual convicted of a nonviolent offense
who fulfills the requirements of section 3632 may file a petition under
this subchapter to expunge the record of such conviction.
``(b) Definition of Nonviolent Offense.--In this subchapter, the
term `nonviolent offense' means a misdemeanor or felony offense against
the United States that does not have as an element of the offense the
use of a weapon or violence and which did not actually involve violence
in its commission.
``Sec. 3632. Requirements for expungement
``No individual shall be eligible for expungement under this
subchapter unless, before filing a petition under this subchapter, such
individual--
``(1) has never been convicted of a violent offense
(including an offense under State law that would be a violent
offense if it were Federal) and has never been convicted of a
nonviolent offense other than the one for which expungement is
sought;
``(2) has fulfilled all requirements of the sentence of the
court in which conviction was obtained, including completion of
any term of imprisonment or period of probation, meeting all
conditions of a supervised release, and paying all fines;
``(3) has remained free from dependency on or abuse of
alcohol or a controlled substance a minimum of 1 year and has
been rehabilitated, to the satisfaction of the court referred
to in section 3633(b), if so required by the terms of a
supervised release;
``(4) has obtained a high school diploma or completed a
high school equivalency program; and
``(5) has completed at least one year of community service,
as determined by the court referred to in section 3633(b).
``Sec. 3633. Procedure for expungement
``(a) Petition.--An individual may file a petition for expungement
in the court in which the conviction was obtained. A copy of the
petition shall be served by the court upon the United States Attorney
for the district in which the conviction sought to be expunged was
obtained. Not later than 60 days after receipt of such petition, the
United States Attorney may submit written recommendations to the court
and notify the petitioner of that recommendation.
``(b) Court-Ordered Expungement.--The court, after consideration of
evidence submitted by the petitioner in support of the petition and any
evidence submitted by the Government in support of objections it may
have to granting the petition, shall rule on the petition. In making
that ruling, the court, after determining whether the petitioner meets
the eligibility requirements of this subchapter, shall weigh the
interests of the petitioner against the best interests of justice and
public safety.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the crime that was the subject
of the expungement.
``(b) No Disqualification; Statements.--After an order granting
expungement of any individual's criminal records under this subchapter,
such individual shall not be required to divulge information pertaining
to the expunged conviction and the fact that such individual has been
convicted of the criminal offense concerned shall not--
``(1) operate as a disqualification of such individual to
pursue or engage in any lawful activity, occupation, or
profession; and
``(2) be held under any provision of law guilty of perjury,
false answering, or making a false statement by reason of his
failure to recite or acknowledge such arrest or institution of
criminal proceedings, or results thereof, in response to an
inquiry made of him for any purpose.
``(c) Records Expunged or Sealed.--Upon order of expungement, all
official law enforcement and court records, including all references to
such person's arrest for the offense, the institution of criminal
proceedings against him, and the results thereof, except publicly
available court opinions or briefs on appeal, shall be expunged (in the
case of nontangible records) or gathered together and sealed (in the
case of tangible records).
``(d) Record of Disposition To Be Retained.--A nonpublic record of
a disposition or conviction that is the subject of an expungement order
shall be retained only by the Department of Justice solely for the
purpose of use by the courts in any subsequent adjudication.
``Sec. 3635. Disclosure of expunged records
``(a) Law Enforcement Purposes.--The Department of Justice may
maintain a nonpublic manual or computerized index of expunged records
containing only the name of, and alphanumeric identifiers that relate
to, the persons who are the subject of such expunged records, the word
`expunged', and the name of the person, agency, office, or department
that has custody of the expunged records, and shall not name the
offense committed. The index shall be made available only to Federal
and State law enforcement personnel who have custody of such expunged
records and only for the purposes set forth in subsection (b) of this
section.
``(b) Authorized Disclosure.--Such records shall be made available
to the person accused or to such person's designated agent and shall be
made available to--
``(1) any prosecutor, law enforcement agency, or court
which has responsibility for criminally investigating,
prosecuting, or adjudicating such individual;
``(2) any State or local office or agency with
responsibility for the issuance of licenses to possess guns
where the accused has made application for such license; or
``(3) any prospective city, State, or Federal employer or
agency, involved in investigating and/or prosecuting under
criminal or civil statutes including employers of police or
peace officers and in relation to an application for employment
as an employee of a city, State, or Federal employer or agency
involved in investigating or prosecuting under criminal or
civil statutes including as a police officer or peace officer,
and every person who is an applicant for the position of police
officer, peace officer, or any other prospective city, State,
or Federal employer or agency, involved in investigating or
prosecuting under criminal or civil statutes shall be furnished
with a copy of all records obtained under this paragraph and
afforded an opportunity to make an explanation thereto.
``(c) Punishment for Improper Disclosure.--Any person who knowingly
disseminates information relating to an expunged conviction other than
the offender shall be fined under this title or imprisoned not more
than one year, or both.
``Sec. 3636. Reversal of expunged records
``The records expunged under this subchapter shall be restored by
operation of law as public records and may be used in all court
proceedings if the individual whose conviction was expunged is
subsequently convicted of any Federal or State offense.''.
(b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:
``D. Expungement........................................ 3631''.
(c) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an offense before, on, or after the date of
enactment of this Act. | Second Chance for Ex-Offenders Act of 2016 This bill amends the federal criminal code to establish a process to expunge an individual's records related to a nonviolent criminal offense. A nonviolent criminal offense is a federal misdemeanor or felony offense that: (1) does not include, as an element, the use of a weapon or violence; and (2) does not involve violence in its commission. To be eligible for expungement, an individual must: be a first-time offender; avoid drug or alcohol dependency or abuse; obtain a high school diploma; complete one year of community service; and fulfill the requirements of a court-ordered sentence, such as complete a prison term, meet the conditions of supervised release, and pay fines. | {"src": "billsum_train", "title": "Second Chance for Ex-Offenders Act of 2016"} | 1,909 | 171 | 0.553892 | 1.634602 | 0.75109 | 2.347222 | 11.375 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Enrollment Protection Act
of 2010''.
SEC. 2. MEDICARE PART B SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS
ENROLLED IN COBRA CONTINUATION COVERAGE.
(a) Special Enrollment Period.--Section 1837(i) of the Social
Security Act (42 U.S.C. 1395p(i)) is amended by adding at the end the
following new paragraph:
``(5)(A) In the case of an individual who--
``(i) at the time the individual first satisfies paragraph
(1) or (2) of section 1836, is enrolled in COBRA continuation
coverage, and
``(ii) has elected not to enroll (or to be deemed enrolled)
under this section during the individual's initial enrollment
period,
there shall be a special enrollment period described in
subparagraph (B).
``(B) The special enrollment period referred to in subparagraph (A)
is the period including each month during any part of which the
individual is enrolled in COBRA continuation coverage ending with the
last day of the eighth consecutive month in which the individual is at
no time so enrolled.
``(C) An individual may only enroll during the special enrollment
period provided under subparagraph (B) one time during the individual's
lifetime.
``(D) For purposes of this paragraph, the term `COBRA continuation
coverage' means continuation coverage provided pursuant to part 6 of
subtitle B of title I of the Employee Retirement Income Security Act of
1974 (other than under section 609), title XXII of the Public Health
Service Act, section 4980B of the Internal Revenue Code of 1986 (other
than subsection (f)(1) of such section insofar as it relates to
pediatric vaccines), or section 8905a of title 5, United States Code,
or under a State program that provides comparable continuation
coverage. Such term does not include coverage under a health flexible
spending arrangement under a cafeteria plan within the meaning of
section 125 of the Internal Revenue Code of 1986.''.
(b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C.
1395q(a)(2)) is amended--
(1) in subparagraph (E), by striking the semicolon and
inserting a comma; and
(2) by adding at the end the following new subparagraph:
``(F) in the case of an individual who enrolls pursuant to
subsection (i)(5) of section 1837, the first day of the month
following the month in which the individual so enrolls; or''.
(c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C.
1395r(b)) is amended--
(1) in the first sentence, by inserting ``, (i)(5),'' after
``subsection (i)(4)''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``or months for which the individual
can demonstrate that the individual was enrolled in COBRA
continuation coverage (as such term is defined in section
1837(i)(5)(D)).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act and shall
apply to periods of COBRA continuation coverage before, on, or
after such date.
(2) Special enrollment period.--No special enrollment
period under section 1837(i)(5)(B) of the Social Security Act
(42 U.S.C. 1395p(i)(5)(B)) shall begin before the first day of
the first month that begins at least 45 days after the date of
the enactment of this Act.
(3) Premiums.--The amendment made by subsection (c)(2)
shall apply to premiums for months beginning with the first
month that begins at least 45 days after the date of the
enactment of this Act.
SEC. 3. CONTINUOUS OPEN MEDICARE PART B ENROLLMENT.
(a) Continuous Open Enrollment Period.--Section 1837 of the Social
Security Act (42 U.S.C. 1395p) is amended by adding at the end the
following new subsection:
``(m)(1) There shall be a continuous open enrollment period
beginning on the first day of the first month in which an individual
first satisfies paragraph (1) or (2) of section 1836, except that such
continuous open enrollment period shall not be available during the
individual's initial enrollment period or a special enrollment period
available to the individual.
``(2) In the case of an individual seeking enrollment under
paragraph (1) during a general enrollment period under subsection (e),
the individual shall be enrolled under such subsection and not under
paragraph (1), unless the individual specifies otherwise.''.
(b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C.
1395q(a)(2)) is amended--
(1) in subparagraph (F), as added by section 2(b)(2), by
striking the semicolon and inserting a comma; and
(2) by adding at the end the following new subparagraph:
``(G) in the case of an individual who enrolls pursuant to
subsection (m) of section 1837, the first day of the month
following the month in which such individual so enrolls; or''.
(c) Premium Increase.--Section 1839 of such Act (42 U.S.C. 1395r)
is amended by adding at the end the following new subsection:
``(j) Increase in Premium Based on Enrollment Pursuant to
Continuous Open Enrollment Period.--In the case of an individual whose
coverage period began pursuant to a continuous open enrollment period
under section 1837(m), the monthly premium determined under subsection
(a), adjusted in accordance with subsection (i), shall, in addition to
the increase required by subsection (b), be increased by such amount as
the Secretary considers appropriate, taking into account any additional
actuarial cost to the insurance program established under this part due
to enrollment under such section. Any increase under this subsection
shall apply to all premiums paid by the individual after enrollment
pursuant to such continuous open enrollment period.''.
(d) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit to Congress a report describing--
(1) the average increase in premiums based on enrollment in
the insurance program established under part B of title XVIII
of the Social Security Act pursuant to a continuous open
enrollment period under section 1837(m) of such Act, as added
by subsection (a);
(2) any other regulations promulgated by the Secretary with
respect to such enrollment;
(3) the number and characteristics of individuals choosing
such enrollment; and
(4) any costs of such enrollment to such insurance program
that were not covered by the increases in premiums described in
the amendment made by subsection (c).
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that no
individual may enroll pursuant to a continuous open enrollment period
under the amendment made by subsection (a) before the first day of the
first month that begins at least 45 days after the date of the
enactment of this Act.
SEC. 4. SPECIAL ENROLLMENT PERIODS TO CORRECT ERROR, MISREPRESENTATION,
OR INACTION OF FEDERAL GOVERNMENT, GROUP HEALTH PLAN, OR
PLAN SPONSOR.
Section 1837(h) of the Social Security Act (42 U.S.C. 1395p(h)) is
amended by inserting ``or by an officer, employee, or agent of a group
health plan, or of a plan sponsor (as such term is defined in section
3(16)(B) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(16)(B))) of a group health plan,'' after
``instrumentalities,''.
SEC. 5. COORDINATION OF MEDICARE PART B WITH AMERICAN HEALTH BENEFIT
EXCHANGES.
Section 1837 of the Social Security Act (42 U.S.C. 1395p), as
amended by section 3(a), is further amended by adding at the end the
following new subsection:
``(n) The Secretary shall ensure appropriate coordination between
the insurance program established under this part and American Health
Benefit Exchanges established under section 1311(b) of the Patient
Protection and Affordable Care Act (Public Law 111-148), including
ensuring a smooth transition in enrollment from enrollment in qualified
health plans offered through Exchanges to enrollment under this
part.''.
SEC. 6. GAO STUDY AND REPORT ON MEDICARE PART B ENROLLMENT.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on enrollment in the insurance program established under part B
of title XVIII of the Social Security Act (in this section referred to
as ``Medicare part B''). The report shall include--
(1) a comprehensive evaluation of problems experienced by
individuals with respect to enrollment in Medicare part B,
including the causes of such problems and any geographic trends
in the manifestation of such problems;
(2) an assessment of the number of people who lack health
insurance coverage because of such problems;
(3) an evaluation of efforts by the Centers for Medicare &
Medicaid Services and the Social Security Administration to
educate employers regarding the transition of employees from
group health plans to Medicare part B;
(4) an evaluation of coordination of coverage for
individuals with private health insurance who are also eligible
for Medicare part B and ways to improve such coordination;
(5) an evaluation of the coordination between Medicare part
B and American Health Benefit Exchanges required by the
amendment made by section 5;
(6) an evaluation of the differences in regulations
applicable to individuals who are eligible for Medicare part B
based on age and individuals who are eligible based on
disability, and ways to improve parity in the treatment of each
such group of individuals that may be implemented in
regulations and guidance; and
(7) an evaluation of efforts by the Centers for Medicare &
Medicaid Services to provide equitable relief to individuals
who suffered adverse consequences due to misinformation or a
lack of information on enrollment in Medicare part B, and ways
to improve the provision of such equitable relief. | Medicare Enrollment Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to: (1) establish a special Medicare part B (Supplementary Medical Insurance) enrollment period period for individuals enrolled in COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage who elected not to enroll under part B during the individual's initial enrollment period; (2) require a continuous open Medicare part B enrollment, apart from an initial enrollment period or a special enrollment period, during which there shall be an increase in the monthly premium; (3) provide for special enrollment periods to correct errors, misrepresentations, or the inaction of officers, employees, or agents of group health plans or plan sponsors; and (4) direct the Secretary of Health and Human Services (HHS) to ensure appropriate coordination of Medicare part B with American Health Benefit Exchanges under the Patient Protection and Affordable Care Act (PPACA).
Directs the Comptroller General to report to Congress on enrollment in the Medicare part B program. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for additional opportunities to enroll under part B of the Medicare Program, and for other purposes."} | 2,374 | 219 | 0.509348 | 1.342571 | 0.831956 | 3.119171 | 10.756477 | 0.901554 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Markets Tax Credit Military
Installation Act of 2013'' or the ``NMTC Military Installation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1988, through 5 separate rounds of the Base
Realignment and Closure process, more than 300 military
installations located in 48 States and 3 United States
territories have had their missions eliminated or realigned.
(2) 120 of these former installations were ``major'' base
closures, resulting in the loss of 300 or more military and
civilian jobs at each closure. While these communities received
Federal support in the 1990s, there are currently no Federal
programs to support the physical redevelopment at closed or
realigned installations.
(3) Despite local active efforts to promote redevelopment,
nearly 100 of these closed or realigned military installations
are located in economically distressed communities now
suffering from high unemployment and disproportionately high
poverty rates as determined by the Department of the Treasury.
(4) More than 20 of these former installations are located
in even harder hit ``severely distressed'' communities as
defined by the Department of the Treasury.
(5) One example is the City of Vallejo, California, which
in 2008 filed for bankruptcy protection due in part to closure
of the Mare Island Naval Shipyard and the accompanying loss of
almost 10,000 jobs.
(6) When a military base is closed, the Department of
Defense is required to complete any necessary environmental
cleanup at the former base and then transition the property to
a Local Redevelopment Authority, usually a local government.
Together, the Department of Defense Office of Economic
Adjustment and the Local Redevelopment Authority create a
redevelopment plan for the property. The goal of this process
is to lead to a timely, beneficial, revenue generating reuse of
these former military bases.
(7) However, numerous former military installations have
taken much longer and cost much more than expected to clean up,
thereby significantly delaying reuse and causing many of these
communities to become or remain economically distressed.
(8) In 2000, the New Markets Tax Credit (NMTC) program was
created to spur private sector investment in low-income
communities suffering from chronic unemployment and high
poverty rates by providing investors with a 7-year, 39-percent
Federal income tax credit for investments made through
investment vehicles known as Community Development Entities.
According to the Department of the Treasury, every $1 of
foregone tax revenues under the NMTC program leverages about
$12 of private investment in distressed communities on a cost
basis.
(9) Recently, the community in Brunswick, Maine, has been
successfully redeveloping the former Naval Air Station located
there, by using among other tools the NMTC. In particular, the
NMTC was used to build a new, $15 million, 80,000 square foot
manufacturing facility operated by Swedish medical supply maker
Molnlycke Health Care. A second NMTC was used to make $20
million in renovations of facilities now operated by aircraft
manufacturer Kestrel Aeroworks. This latter project could have
been 3 times as large had additional NMTC funds been available.
These two projects alone will bring over 200 high-tech, high-
wage jobs among other significant economic benefits to this
economically distressed former military community.
(10) Communities surrounding these former military
installations still face the difficult challenges of economic
redevelopment resulting from the loss of the Federal workforce
and the supporting infrastructure associated with the former
military missions located there. Focusing part of the
successful NMTC to help these communities that are still
struggling after the military exodus will help facilitate the
economic redevelopment that these distressed communities need.
SEC. 3. PERMANENT APPLICATION OF NEW MARKETS TAX CREDIT LIMITATION WITH
RESPECT TO COMMUNITIES IMPACTED BY REALIGNMENT OR CLOSURE
OF MILITARY INSTALLATIONS.
(a) In General.--Subsection (f) of section 45D of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Special rule for allocation of limitation for
redevelopment of communities impacted by realignment or closure
of military installations.--
``(A) In general.--Notwithstanding paragraph (1),
for calendar year 2014 (and each calendar year
thereafter) the Secretary shall allocate $100,000,000
in new markets tax credit limitation among qualified
development entities selected by the Secretary to make
qualified low-income community investments within the
former boundaries of military installations realigned
or closed pursuant to a base closure law (as defined in
section 101(a)(17) of title 10, United States Code).
``(B) Qualified development entity mission
requirement.--A qualified community development entity
shall be eligible for an allocation under subparagraph
(A) only if a significant mission of such entity is the
redevelopment of such a military installation.
``(C) Carryover of unused limitation.--If the new
markets tax credit limitation for any calendar year
exceeds the aggregate amount allocated under
subparagraph (A) for such year, such limitation for the
succeeding calendar year shall be increased by the
amount of such excess.''.
(b) Effective Date.--The amendments made by this section shall
apply to allocations after December 31, 2013. | New Markets Tax Credit Military Installation Act of 2013 or the NMTC Military Installation Act - Amends the Internal Revenue Code, with respect to the new markets tax credit, to direct the Secretary of the Treasury to allocate in 2014 and thereafter funds in the limitation amount for such credit among qualified community development entities to make qualified low-income community investments within the former boundaries of military installations realigned or closed due to a base closure law. | {"src": "billsum_train", "title": "NMTC Military Installation Act"} | 1,132 | 92 | 0.52295 | 1.529549 | 0.64401 | 3.439024 | 12.902439 | 0.97561 |
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