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SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Strategic
Partnership Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The people and the Governments of the United States and of
Israel share a deep and unbreakable bond, forged by over 60 years
of shared interests and shared values.
(2) Today, the people and Governments of the United States and
of Israel are facing a dynamic and rapidly changing security
environment in the Middle East and North Africa, necessitating
deeper cooperation on a range of defense, security, and
intelligence matters.
(3) From Gaza, Hamas continues to deny Israel's right to exist
and persists in firing rockets indiscriminately at population
centers in Israel.
(4) Hezbollah--with support from Iran--continues to stockpile
rockets and may be seeking to exploit the tragic and volatile
security situation within Syria.
(5) The Government of Iran continues to pose a grave threat to
the region and the world at large with its reckless pursuit of
nuclear weapons.
(6) Given these challenges, it is imperative that the United
States continues to deepen cooperation with allies like Israel in
pursuit of shared policy objectives.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the unwavering support of the people and the
Government of the United States for the security of Israel as a
Jewish state;
(2) to reaffirm the principles and objectives enshrined in the
United States-Israel Enhanced Security Cooperation Act of 2012
(Public Law 112-150) and ensure its implementation to the fullest
extent;
(3) to reaffirm the importance of the 2007 United States-Israel
Memorandum of Understanding on United States assistance to Israel
and the semi-annual Strategic Dialogue between the United States
and Israel;
(4) to pursue every opportunity to deepen cooperation with
Israel on a range of critical issues including defense, homeland
security, energy, and cybersecurity;
(5) to continue to provide Israel with robust security
assistance, including for the procurement of the Iron Dome Missile
Defense System; and
(6) to support the Government of Israel in its ongoing efforts
to reach a negotiated political settlement with the Palestinian
people that results in two states living side-by-side in peace and
security.
SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER.
It is the sense of Congress that Israel is a major strategic
partner of the United States.
SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10
years after'' and inserting ``more than 11 years after''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2014'' and inserting ``, 2014, and 2015''.
SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS.
(a) Findings.--Congress finds that Israel--
(1) has adopted high standards in the field of export controls;
(2) has declared its unilateral adherence to the Missile
Technology Control Regime, the Australia Group, and the Nuclear
Suppliers Group; and
(3) is a party to--
(A) the Convention on Prohibitions or Restrictions on the
Use of Certain Conventional Weapons which may be Deemed to be
Excessively Injurious or to Have Indiscriminate Effects, signed
at Geneva October 10, 1980;
(B) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare, signed at Geneva June 17, 1925; and
(C) the Convention on the Physical Protection of Nuclear
Material, adopted at Vienna on October 26, 1979.
(b) Eligibility for Strategic Trade Authorization Exception.--The
President, consistent with the commitments of the United States under
international arrangements, shall take steps so that Israel may be
included in the list of countries eligible for the strategic trade
authorization exception under section 740.20(c)(1) of title 15, Code of
Federal Regulations, to the requirement for a license for the export,
reexport, or in-country transfer of an item subject to controls under
the Export Administration Regulations.
SEC. 7. UNITED STATES-ISRAEL COOPERATION ON ENERGY, WATER, HOMELAND
SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES.
(a) In General.--The President is authorized, subject to existing
law--
(1) to undertake activities in cooperation with Israel; and
(2) to provide assistance promoting cooperation in the fields
of energy, water, agriculture, and alternative fuel technologies.
(b) Requirements.--In carrying out subsection (a), the President is
authorized, subject to existing requirements of law and any applicable
agreements or understandings between the United States and Israel--
(1) to share and exchange with Israel research, technology,
intelligence, information, equipment, and personnel, including
through sales, leases, or exchanges in kind, that the President
determines will advance the national security interests of the
United States and are consistent with the Strategic Dialogue and
pertinent provisions of law; and
(2) to enhance scientific cooperation between Israel and the
United States.
(c) Cooperative Research Pilot Programs.--The Secretary of Homeland
Security, acting through the Director of the Homeland Security Advanced
Research Projects Agency and with the concurrence of the Secretary of
State, is authorized, subject to existing law, to enter into
cooperative research pilot programs with Israel to enhance Israel's
capabilities in--
(1) border, maritime, and aviation security;
(2) explosives detection; and
(3) emergency services.
SEC. 8. REPORT ON INCREASED UNITED STATES-ISRAEL COOPERATION ON
CYBERSECURITY.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report, in a classified
format or including a classified annex, as appropriate, on the
feasibility and advisability of expanding United States-Israeli
cooperation on cyber issues, including sharing and advancing
technologies related to the prevention of cybercrimes.
SEC. 9. STATEMENT OF POLICY REGARDING THE VISA WAIVER PROGRAM.
It shall be the policy of the United States to include Israel in
the list of countries that participate in the visa waiver program under
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) when
Israel satisfies, and as long as Israel continues to satisfy, the
requirements for inclusion in such program specified in such section.
SEC. 10. STATUS OF IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES-
ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012.
Not later than 180 days after the date of the enactment of this
Act, the President shall, to the extent practicable and in an
appropriate manner, provide an update to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of the House
of Representatives, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives on
current and future efforts undertaken by the President to fulfill the
objectives of section 4 of the United States-Israel Enhanced Security
Cooperation Act (22 U.S.C. 8603).
SEC. 11. IMPROVED REPORTING ON ENHANCING ISRAEL'S QUALITATIVE
MILITARY EDGE AND SECURITY POSTURE.
(a) Biennial Assessment Reevaluations.--Section 201(c) of the Naval
Vessel Transfer Act of 2008 (22 U.S.C. 2776 note) is amended by adding
at the end the following:
``(3) Biennial updates.--Two years after the date on which each
quadrennial report is transmitted to Congress, the President
shall--
``(A) reevaluate the assessment required under subsection
(a); and
``(B) inform and consult with the appropriate congressional
committees on the results of the reevaluation conducted
pursuant to subparagraph (A).''.
(b) Certification Requirements for Major Defense Equipment.--
Section 36(h) of the Arms Export Control Act (22 U.S.C. 2776(h)) is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Requirements with respect to determination for major
defense equipment.--A determination under paragraph (1) relating to
the sale or export of major defense equipment shall include--
``(A) a detailed explanation of Israel's capacity to
address the improved capabilities provided by such sale or
export;
``(B) a detailed evaluation of--
``(i) how such sale or export alters the strategic and
tactical balance in the region, including relative
capabilities; and
``(ii) Israel's capacity to respond to the improved
regional capabilities provided by such sale or export;
``(C) an identification of any specific new capacity,
capabilities, or training that Israel may require to address
the regional or country-specific capabilities provided by such
sale or export; and
``(D) a description of any additional United States
security assurances to Israel made, or requested to be made, in
connection with, or as a result of, such sale or export.''.
SEC. 12. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Section 917(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17337(a)) is amended--
(1) in paragraph (1), by striking ``renewable'' and inserting
``covered'';
(2) in paragraph (4)--
(A) by striking ``possible many'' and inserting
``possible--
``(A) many''; and
(B) by adding at the end the following: ``and
``(B) significant contributions to the development of
renewable energy and energy efficiency through the established
programs of the United States-Israel Binational Industrial
Research and Development Foundation and the United States-
Israel Binational Science Foundation;'';
(3) in paragraph (6)--
(A) by striking ``renewable'' and inserting ``covered'';
and
(B) by striking ``and'' at the end;
(4) in paragraph (7)--
(A) by striking ``renewable'' and inserting ``covered'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(5) by adding at the end the following:
``(8) United States-Israel energy cooperation and the
development of natural resources by Israel are in the strategic
interest of the United States;
``(9) Israel is a strategic partner of the United States in
water technology;
``(10) the United States can play a role in assisting Israel
with regional safety and security issues;
``(11) the National Science Foundation of the United States, to
the extent consistent with the National Science Foundation's
mission, should collaborate with the Israel Science Foundation and
the United States-Israel Binational Science Foundation;
``(12) the United States and Israel should strive to develop
more robust academic cooperation in--
``(A) energy innovation technology and engineering;
``(B) water science;
``(C) technology transfer; and
``(D) analysis of emerging geopolitical implications,
crises and threats from foreign natural resource and energy
acquisitions, and the development of domestic resources as a
response;
``(13) the United States supports the goals of the Alternative
Fuels Administration of Israel with respect to expanding the use of
alternative fuels;
``(14) the United States strongly urges open dialogue and
continued mechanisms for regular engagement and encourages further
cooperation between applicable departments, agencies, ministries,
institutions of higher education, and the private sector of the
United States and Israel on energy security issues, including--
``(A) identifying policy priorities associated with the
development of natural resources of Israel;
``(B) discussing and sharing best practices to secure cyber
energy infrastructure and other energy security matters;
``(C) leveraging natural gas to positively impact regional
stability;
``(D) issues relating to the energy-water nexus, including
improving energy efficiency and the overall performance of
water technologies through research and development in water
desalination, wastewater treatment and reclamation, water
treatment in gas and oil production processes, and other water
treatment refiners;
``(E) technical and environmental management of deep-water
exploration and production;
``(F) emergency response and coastal protection and
restoration;
``(G) academic outreach and engagement;
``(H) private sector and business development engagement;
``(I) regulatory consultations;
``(J) leveraging alternative transportation fuels and
technologies; and
``(K) any other areas determined appropriate by the United
States and Israel;
``(15) the United States--
``(A) acknowledges the achievements and importance of the
Binational Industrial Research and Development Foundation and
the United States-Israel Binational Science Foundation; and
``(B) supports continued multiyear funding to ensure the
continuity of the programs of the foundations specified in
subparagraph (A); and
``(16) the United States and Israel have a shared interest in
addressing immediate, near-term, and long-term energy, energy
poverty, energy independence, and environmental challenges facing
the United States and Israel, respectively.''.
(b) Grant Program.--Section 917(b) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17337(b)(1)) is amended--
(1) in paragraph (1), by striking ``renewable energy or energy
efficiency'' and inserting ``covered energy'';
(2) in paragraph (2)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(H) natural gas energy, including conventional and
unconventional natural gas technologies and other associated
technologies, and natural gas projects conducted by or in
conjunction with the United States-Israel Binational Science
Foundation and the United States-Israel Binational Industrial
Research and Development Foundation; and
``(I) improvement of energy efficiency and the overall
performance of water technologies through research and
development in water desalination, wastewater treatment and
reclamation, and other water treatment refiners.''; and
(3) in paragraph (3)(A), by striking ``energy efficiency or
renewable'' and inserting ``covered''.
(c) International Partnerships; Regional Energy Cooperation.--
(1) International partnerships.--Section 917 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337) is
amended--
(A) by striking subsection (d);
(B) by redesignating subsection (c) as subsection (e);
(C) by inserting after subsection (b) the following:
``(c) International Partnerships.--
``(1) In general.--The Secretary, subject to the availability
of appropriations, may enter into cooperative agreements supporting
and enhancing dialogue and planning involving international
partnerships between the Department, including National
Laboratories of the Department, and the Government of Israel and
its ministries, offices, and institutions.
``(2) Federal share.--The Secretary may not pay more than 50
percent of Federal share of the costs of implementing cooperative
agreements entered into pursuant to paragraph (1).
``(3) Annual reports.--If the Secretary enters into agreements
authorized by paragraph (1), the Secretary shall submit an annual
report to the Committee on Energy and Natural Resources of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Energy
and Commerce of the House of Representatives, the Committee on
Science, Space, and Technology of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives, and
the Committee on Appropriations of the House of Representatives
that describes--
``(A) actions taken to implement such agreements; and
``(B) any projects undertaken pursuant to such agreements.
``(d) United States-Israel Energy Center.--The Secretary may
establish a joint United States-Israel Energy Center in the United
States leveraging the experience, knowledge, and expertise of
institutions of higher education and entities in the private sector,
among others, in offshore energy development to further dialogue and
collaboration to develop more robust academic cooperation in energy
innovation technology and engineering, water science, technology
transfer, and analysis of emerging geopolitical implications, crises
and threats from foreign natural resource and energy acquisitions, and
the development of domestic resources as a response.''; and
(D) in subsection (e), as redesignated, by striking ``the
date that is 7 years after the date of enactment of this Act''
and inserting ``September 30, 2024''.
(2) Constructive regional energy cooperation.--The Secretary of
State shall continue the ongoing diplomacy efforts of the Secretary
of State in--
(A) engaging and supporting the energy security of Israel;
and
(B) promoting constructive regional energy cooperation in
the Eastern Mediterranean.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 18, 2014. United States-Israel Strategic Partnership Act of 2014 - (Sec. 4) Expresses the sense of Congress that Israel is a major U.S. strategic partner. (Sec. 5) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles for use as war reserve stocks through FY2015. (Sec. 6) Directs the President to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. (Sec. 7) Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, agriculture, and alternative fuel technologies. Authorizes the President to: (1) share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that will advance U.S. national security interests; and (2) enhance U.S.-Israel scientific cooperation. Authorizes the Secretary of Homeland Security (DHS) to enter into cooperative research pilot programs with Israel to enhance Israel's capabilities in: (1) border, maritime, and aviation security; (2) explosives detection; and (3) emergency services. (Sec. 8) Directs the President to report to Congress regarding the feasibility and advisability of expanding U.S.-Israel cyber cooperation. (Sec. 9) States that it shall be U.S. policy to include Israel in the visa waiver program when Israel satisfies, and as long as Israel continues to satisfy, program requirements. (Sec. 10) Directs the President to update Congress on efforts taken, pursuant to the United States-Israel Enhanced Security Cooperation Act, to provide Israel with defense articles and defense services, including missile and joint missile defense capabilities including Iron Dome, security and intelligence cooperation, and an expanded role for Israel with the North Atlantic Treaty Organization (NATO). (Sec. 11) Requires any certification that a sale or export of major defense equipment to a country in the Middle East will not adversely affect Israel's qualitative military edge to include: an explanation of Israel's capacity to address the improved capabilities provided by the sale or export; an evaluation of how the sale or export alters the regional strategic and tactical balance; an identification of any new capacity or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and a description of any additional U.S. security assurances to Israel made, or requested to be made, in connection with the sale or export. (Sec. 12) Amends the Energy Independence and Security Act of 2007 to authorize the Secretary of Energy to: enter into cooperative agreements supporting dialogue and planning involving international partnerships between the Department of Energy (DOE), including DOE National Laboratories, and the government of Israel and its ministries, offices, and institutions; and establish a joint United States-Israel Center in the United States with offshore energy development expertise to develop academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development. Extends through September 30, 2024, the grant program to support U.S.-Israel research, development, and commercialization of renewable energy or energy efficiency. Expands the scope of covered energy under such program, including the coverage of natural gas energy, water desalination improvement, and other water treatment technologies. Directs the Secretary of State to continue ongoing diplomacy efforts to: (1) support Israel's energy security, and (2) promote regional energy cooperation in the Eastern Mediterranean. | {"src": "billsum_train", "title": "United States-Israel Strategic Partnership Act of 2014"} | 3,998 | 844 | 0.606194 | 2.078971 | 0.53688 | 4.063257 | 4.892328 | 0.903096 |
SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR THE HIPC TRUST FUND.
(a) Authorization To Meet Financing Gap in the Enhanced HIPC
Initiative.--In order to meet the President's commitment to fund the
United States share of the additional financing needs of the current
HIPC program, there are authorized to be appropriated to the President
$75,000,000 for fiscal year 2004, for payment to the Heavily Indebted
Poor Countries Trust Fund administered by the International Bank for
Reconstruction and Development.
(b) Additional Authorization for Funding Conditioned Upon
Improvement of the Enhanced HIPC Initiative.--In addition to the
amounts authorized to be appropriated under subsection (a), on a
determination by the Secretary of the Treasury that the agreement
described in section 1625 of the International Financial Institutions
Act has been reached, there are authorized to be appropriated to the
President such sums as may be necessary for payment to the Heavily
Indebted Poor Countries Trust Fund administered by the International
Bank for Reconstruction and Development to meet the additional
financing needs of the Enhanced HIPC Initiative that result from the
implementation of the agreement.
SEC. 2. IMPROVEMENT OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5) is amended by adding at the end the following new
section:
``SEC. 1625. IMPROVEMENT OF THE ENHANCED HIPC INITIATIVE.
``(a) In General.--In order to ensure that the Enhanced HIPC
Initiative achieves the objective of substantially increasing resources
available for human development and poverty reduction in heavily
indebted poor countries, the Secretary of the Treasury shall
immediately commence efforts within the Paris Club of Official
Creditors, as well as the International Bank for Reconstruction and
Development (World Bank), the International Monetary Fund, and other
appropriate multilateral development institutions, to reach an
agreement to modify the Enhanced HIPC Initiative so that the Initiative
is carried out in accordance with the provisions set forth in
subsection (b).
``(b) Modifications.--The provisions set forth in this subsection
are the following:
``(1) Level of exports and revenues.--
``(A) In general.--The amount of debt stock
reduction approved for a country eligible for debt
relief under the Enhanced HIPC Initiative shall be
sufficient to reduce, for at least each year through
2006, or each of the first 3 years after the Decision
Point, whichever is later--
``(i) the net present value of the
outstanding public and publicly guaranteed debt
of the country to not more than 150 percent of
the annual value of exports of the country for
the year preceding the Decision Point; and
``(ii) the annual payments due on such
public and publicly guaranteed debt to not more
than--
``(I) 10 percent or, in the case of
a country suffering a public health
crisis, not more than 5 percent, of the
amount of the annual current revenues
received by the country from internal
sources; or
``(II) a percentage of gross
national product or other benchmark
which will yield a result substantially
equivalent to that which would be
achieved through application of
subclause (I).
``(B) Limitation.--In financing the objectives of
the Enhanced HIPC Initiative, an international
financial institution shall give priority to using its
own resources.
``(2) Relation to poverty and the environment.--The debt
cancellation under the Enhanced HIPC Initiative shall not be
conditioned on any agreement by an impoverished country to
implement or comply with policies that deepen poverty or
degrade the environment, including any policy that--
``(A) implements or extends user fees on primary
education or primary health care, including prevention
and treatment efforts for HIV/AIDS, tuberculosis,
malaria, and infant, child, and maternal well-being;
``(B) provides for increased cost recovery from
poor people to finance basic public services such as
education, health care, or sanitation;
``(C) would have the effect of increasing the cost
to consumers with incomes of less than $2.00 per day
for access to clean drinking water through--
``(i) decreased public subsidy for water
supply, treatment, disposal, distribution, or
management; or
``(ii) reduced intrasectoral or
intersectoral subsidization of residential
water consumers with incomes of less than $2.00
per day; or
``(D) undermines workers' ability to exercise
effectively their internationally recognized worker
rights, as defined under section 526(e) of the Foreign
Operations, Export Financing and Related Programs
Appropriations Act, 1995 (22 U.S.C. 262p-4p).
``(3) Foreign government policies.--A country shall not be
eligible for cancellation of debt under the Enhanced HIPC
Initiative if the government of the country--
``(A) supports acts of international terrorism, as
determined by the Secretary of State under section
6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)) or section 620A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
``(B) engages in gross violations of
internationally recognized human rights, such as
torture (as defined in section 2340 of title 18, United
States Code) or violations of the Convention Against
Torture and Other Cruel, Inhumane, or Degrading
Treatment or Punishment; or
``(C) has been designated, in the most recent
Department of State `Trafficking in Persons Report', as
a `Tier 3' nation pursuant to the Victims of
Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) for its failure to cooperate on
international trafficking in persons prevention
efforts.
``(4) Programs to combat poverty.--A country that is
otherwise eligible to receive cancellation of debt under the
Enhanced HIPC Initiative may receive such cancellation only if
the country has agreed--
``(A) to ensure that the financial benefits of debt
cancellation are applied to programs to combat poverty
(in particular through concrete measures to improve
basic services in education, nutrition, and health),
and to redress environmental degradation;
``(B) to ensure that the financial benefits of debt
cancellation are in addition to the government's total
spending on programs to combat poverty for the previous
year or the average total of such expenditures for the
previous 3 years, whichever is greater;
``(C) to implement transparent and participatory
policymaking and budget procedures, good governance,
and effective anticorruption measures; and
``(D) to broaden public participation and popular
understanding of the principles and goals of poverty
reduction.
``(c) Definitions.--In this section:
``(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
``(2) Public health crisis.--A country is deemed to be
suffering `a public health crisis' if--
``(A) the nationwide HIV/AIDS infection rate for
the country, as reported in the most recent
epidemiological data as compiled by the Joint United
Nations Program on HIV/AIDS, is at least 5 percent
among women attending prenatal clinics, or 20 percent
or more among individuals in groups with high-risk
behavior; or
``(B) the country is suffering a health crisis or
epidemic, as defined by the World Health Organization.
``(3) Decision point.--The term `Decision Point' means the
date on which the executive boards of the World Bank and the
International Monetary Fund review the debt sustainability
analysis for a country and determine that the country is
eligible for debt relief under the Enhanced HIPC Initiative.
``(4) Enhanced hipc initiative.--The term `Enhanced HIPC
Initiative' means the multilateral debt initiative for heavily
indebted poor countries presented in the Report of G-7 Finance
Ministers on the Cologne Debt Initiative to the Cologne
Economic Summit, Cologne, June 18-20, 1999.
``(5) HIV.--The term `HIV' means the human immunodeficiency
virus, the pathogen that causes AIDS.
``(6) HIV/AIDS.--The term `HIV/AIDS' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS.''.
SEC. 3. MODIFICATION OF DETERMINATION OF COUNTRIES SUPPORTING TERRORISM
UNDER CERTAIN INTERNATIONAL AFFAIRS LAWS.
(a) Foreign Assistance Act of 1961.--
(1) General prohibition on assistance.--Section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(2) Enterprise for the americas initiative.--Section
703(a)(2) of such Act (22 U.S.C. 2430b(a)(2)) is amended by
inserting after ``international terrorism'' the following:
``and has cooperated with the United States on efforts to
combat international terrorism''.
(b) Arms Export Control Act.--
(1) General prohibition on transactions.--Section 40(d) of
the Arms Export Control Act (22 U.S.C. 2780(d)) is amended in
the first sentence by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(2) Transfer of missile equipment or technology by united
states person.--Section 72(c) of such Act (22 U.S.C. 2797a(c))
is amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(3) Transfer of missile equipment or technology by foreign
person.--Section 73(f) of such Act (22 U.S.C. 2797b(f)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(4) Transfer of chemical or biological weapons by foreign
person.--Section 81(a)(2)(B) of such Act (22 U.S.C.
2798(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(c) Export Administration Act of 1979.--
(1) General requirements.--Section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)(A)) is
amended--
(A) in subsection (j)(1)(A), by inserting after
``international terrorism'' the following: ``or has
failed to cooperate with the United States on efforts
to combat international terrorism''; and
(B) in subsection (l)(3)(B), by inserting after
``international terrorism'' the following: ``or to have
failed to cooperate with the United States on efforts
to combat international terrorism''.
(2) Transfer of chemical or biological weapons by foreign
person.--Section 11C(a)(2)(B) of such Act (50 U.S.C. app.
2410c(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
SEC. 4. REPORTS ON IMPLEMENTATION OF IMPROVEMENTS TO THE ENHANCED HIPC
INITIATIVE.
(a) Initial Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit to
the appropriate congressional committees a report describing the
progress made in concluding the agreement described in section 1625(b)
of the International Financial Institutions Act (as added by section 1
of this Act).
(b) Subsequent Report.--Not later than 1 year after the date of
submission of the initial report under subsection (a), the Secretary of
the Treasury shall submit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives a report describing the actions taken by countries to
satisfy the conditions set forth in the agreement referred to in
subsection (a).
SEC. 5. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to the Congress a
report on--
(1) the options and costs associated with expanding debt
relief to include poor countries who were not eligible for
inclusion in the Enhanced HIPC Initiative;
(2) options for burden-sharing among donor countries and
multilateral institutions of costs associate with expanding
debt relief; and
(3) options, in addition to the Enhanced HIPC Initiative,
to ensure debt sustainability in poor countries, particularly
in cases when the poor country has suffered an external
economic shock or a natural disaster.
(b) Specific Options To Be Considered.--Among the options for
expansion of debt relief, consideration should be given to making
eligible for the relief poor countries for which outstanding public and
publicly guaranteed debt requires annual payments in excess of 10
percent or, in the case of countries suffering a public health crisis,
5 percent of the amount of the annual current revenues received by the
countries from internal sources.
(c) Enhanced HIPC Initiative Defined.--In this section, the term
``Enhanced HIPC Initiative'' means the multilateral debt initiative for
heavily indebted poor countries presented in the Report of G-7 Finance
Ministers on the Cologne Debt Initiative to the Cologne Economic
Summit, Cologne, June 18-20, 1999. | Authorizes appropriations for FY 2004 for the U.S. payment to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the International Bank for Reconstruction and Development (World Bank). Authorizes additional appropriations for payment to such Fund to meet the additional financing needs of the Enhanced HIPC Initiative, provided the Secretary of the Treasury determines that an agreement by certain multilateral financial institutions regarding modification of the Initiative has been reached.
Amends the International Financial Institutions Act to direct the Secretary to commence immediately efforts within the Paris Club of Official Creditors, as well as the World Bank, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish certain modifications in the Initiative, including requiring that: (1) the amount of debt stock reduction for a country eligible for debt relief under the Initiative be sufficient to reduce, for a specified period, the net value of outstanding public guaranteed debt of the country and its annual payments due on such debt to not more than specified formulated percentages; and (2) the debt cancellation under such Initiative not be conditioned on any agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment, or that implement user fees on primary education or primary health care, increase the cost to consumers with incomes of less than $2.00 per day for access to clean drinking water, or that undermine internationally recognized worker rights.
Makes ineligible for debt relief any country that: (1) supports international terrorism; (2) engages in gross violations of internationally recognized human rights; or (3) has been designated as a "Tier 3" nation pursuant to the Victims of Trafficking and Violence Protection Act of 2000 for its failure to cooperate on international trafficking in persons prevention efforts. Conditions debt cancellation upon the country's agreeing to ensure that the financial benefits of such debt relief are applied to programs to combat poverty and to redress environmental degradation.
Amends certain Federal laws to prohibit the provision of foreign assistance or the transfer of certain weapons and technology to countries (or persons) that fail to cooperate with the United States on efforts to combat international terrorism.
Directs the Secretary to report to Congress on options to expand debt relief to non-HIPC countries. | {"src": "billsum_train", "title": "To improve the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative."} | 3,153 | 478 | 0.631608 | 2.030345 | 0.777378 | 3.911215 | 6.350467 | 0.925234 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Beauty Mountain
and Agua Tibia Wilderness Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland National Forest and
Bureau of Land Management land in San Diego
County, California.
Sec. 103. Administration of wilderness.
TITLE II--LOCATION AND NATURE OF APPROPRIATE RECREATION FACILITIES
Sec. 201. Recreational facilities.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND NATIONAL FOREST AND
BUREAU OF LAND MANAGEMENT LAND IN SAN DIEGO COUNTY,
CALIFORNIA.
(a) Agua Tibia Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland
National Forest comprising approximately 7,796 acres, as generally
depicted on the map titled ``Agua Tibia Proposed Wilderness
Additions'', and dated May 18, 2009, is designated as wilderness and is
incorporated in, and shall be deemed to be a part of, the Agua Tibia
Wilderness.
(b) Beauty Mountain Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in San Diego County, California, comprising
approximately 13,635 acres, as generally depicted on the map titled
``Beauty Mountain Wilderness Additions'', and dated December 11, 2009,
is designated as wilderness and is incorporated in, and shall be deemed
to be a part of, the Beauty Mountain Wilderness.
(c) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
(d) Utility Facilities and Corridors.--Nothing in this section or
the Wilderness Act shall be construed to prohibit construction,
operation, and maintenance, using standard industry practices, of
utility facilities located, on the day before the date of the enactment
of this Act, outside of the wilderness areas and wilderness additions
designated by this section.
SEC. 103. ADMINISTRATION OF WILDERNESS.
(a) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this title
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to the date of the
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the Secretary
that has jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundaries of a wilderness area or wilderness addition designated
by this title that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the land designated as wilderness or
wilderness addition by this title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this Act
as are necessary for the control and prevention of fire,
insects, and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of
the 98th Congress.
(2) Funding priorities.--Nothing in this section limits
funding for fire and fuels management in the wilderness areas
and additions designated by this section.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall amend the local fire
management plan that applies to the Agua Tibia Wilderness and
prepare a local fire management plan for the Beauty Mountain
Wilderness.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and
additions designated by this section, the Secretary shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(e) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this title shall be administered in
accordance with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96-
617 to accompany H.R. 5487 of the 96th Congress.
(f) Military Activities.--Nothing in this section precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by this
section; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this section.
TITLE II--LOCATION AND NATURE OF APPROPRIATE RECREATION FACILITIES
SEC. 201. RECREATIONAL FACILITIES.
(a) Construction of Facilities.--Consistent with applicable law and
the applicable donation agreements between the Bureau of Land
Management and The Conservation Fund, the Bureau of Land Management
shall construct facilities as follows:
(1) Location of recreational facilities.--Recreational
facilities shall be located outside of the Beauty Mountain
Wilderness in sections 13 and 14 and the southeast 1/4 of the
northeast 1/4, and the northeast 1/4 of the southeast 1/4 of
section 8, Township 9 South, Range 3 East, San Bernardino Base
and Meridian to support recreational activities on public
lands.
(2) Parking area.--A parking area shall be constructed in
the northwest 1/4 section of the southwest 1/4 of section 33,
Township 9 South, Range 3 East, San Bernardino Base and
Meridian.
(b) Appropriate Recreational Facilities.--Consistent with the
applicable donation agreement between the Bureau of Land Management and
The Conservation Fund, recreational facilities located on the parcel
described in subsection (a) shall include a campground, parking area,
corrals, water supply, restrooms, and other appropriate facilities. | Beauty Mountain and Agua Tibia Wilderness Act of 2009 - Designates the Agua Tibia proposed wilderness additions in Cleveland National Forest in San Diego County, California, as wilderness and incorporates them into the Agua Tibia Wilderness.
Designates the Beauty Mountain wilderness additions in San Diego County, California, as wilderness and incorporates them into the Beauty Mountain Wilderness. | {"src": "billsum_train", "title": "To designate certain Federal lands in San Diego County, California, as wilderness, and for other purposes."} | 1,915 | 86 | 0.651885 | 1.637323 | 1.44134 | 4.03125 | 25.234375 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Steps for Haiti Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Haiti is the world's first black-led republic and the
first Caribbean country to achieve independence.
(2) Since its independence on January 1, 1804, the
Government of Haiti has struggled to meet the promise of
freedom and democracy expressed in the Preliminary Declaration
of its 1805 Constitution.
(3) Many government changes in the last three decades,
accompanied with ongoing violence, have contributed to the
government's inability to provide security for its citizens and
provide an environment conducive for the development of
infrastructure.
(4) Since the return of Haiti's democracy, the country has
taken steps to achieve a relative measure of stability.
However, the 40 percent rise in global food prices and
subsequent 50 percent rise in the cost of Haiti's staple foods
since mid-2007 has threatened Haiti's security and the capacity
of Haiti's economy to prosper.
(5) Haiti today stands as the Western Hemisphere's poorest
country, and would benefit greatly from technical assistance in
the fields of health care, sanitation, capacity building, and
the environment.
(6) United States Caribbean nationals have traditionally
contributed to the economic and social development of their
home countries through remittances. Diasporas serve as lobbies
in their host countries and as transnational networks and
actors in their respective societies. Partnering with the
resources of a diaspora can lead to staffing and training of
public administration, business development, job creation, and
migration management.
(7) At least 3 million Haitians live abroad, mostly in the
United States and Canada. Members of the Haitian diaspora are
Haiti's first customers and investors in tourism, small
business, and mining. Return trips by Haitians living abroad
provide significant capital for local economies and tourism.
(8) According to the Inter-American Development Bank,
remittances to families in Haiti reached an estimated 1.83
billion in 2007. These remittances account for 35 percent of
Haiti's gross domestic product.
(9) The diaspora support is received from hometown
associations of professionals focusing on specific fields.
These help create small- and medium-sized businesses in Haiti,
through micro-volunteer projects and the channeling of funds
through local, departmental, and national initiatives.
(10) Mobilizing Haitians abroad is one means to advance
state and economic reconstruction as well as reversing the
brain drain and bring skilled and professional expatriates back
to Haiti to greatly expand the nation's management capacity and
workforce.
SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2009.
(a) Program Authorized.--The Director of Foreign Assistance, in
consultation with the democratically elected Government of Haiti and
Haitian civil society organizations, is authorized to establish a
professional exchange program in Haiti, to be known as the ``Haiti
Professional Exchange Program'' (in this Act referred to as the
``Exchange Program''). At all major phases of the Exchange Program,
including establishing the Exchange Program's priorities, identifying
the most appropriate skills for Exchange Program participants, and
selecting and supervising Exchange Program participants, the
democratically elected Government of Haiti and Haitian civil society
organizations shall be consulted.
(b) Purpose.--The purpose of the Exchange Program is to assign
qualified Haitian Americans and others to provide technical assistance
to help Haiti improve in areas vital to its growth and development,
which may include education, energy, environment, healthcare,
infrastructure, security, transportation, and disaster preparedness.
(c) Coordination.--In carrying out the Exchange Program, the
Director of Foreign Assistance shall negotiate an agreement with the
democratically elected Government of Haiti to--
(1) provide technical assistance in areas vital to Haiti's
growth and development as provided under subsection (b); and
(2) identify, in accordance with Haitian needs and
priorities, the sectors or professional fields to which
Exchange Program participants may provide technical assistance
and the objectives to be achieved, including specific projects
or programs.
(d) Consultation With Haitian Civil Society Organizations.--The
democratically elected Government of Haiti should consult with Haitian
civil society organizations to identify the needs and priorities of
Haiti to outline the sectors or professional fields to which Exchange
Program participants may provide technical assistance and the
objectives to be achieved, including specific projects or programs.
(e) Selection of Individuals for Participation in the Exchange
Program.--The Director of Foreign Assistance shall establish a
selections committee, consisting of representatives of the
democratically elected Government of Haiti and Haitian civil society
organizations, to identify criteria that should be met by individuals
who wish to participate in the Exchange Program. In addition, the
selections committee shall review potential eligible applicants who
wish to participate in the Exchange Program to ensure that they can act
as experts.
(f) Outreach Program To Encourage Participation in the Exchange
Program.--The Director of Foreign Assistance shall establish an
outreach program to encourage participation in the Exchange Program, by
individuals who shall meet the following requirements:
(1) Are citizens of the United States or lawfully admitted
for permanent residence in the United States.
(2) Are--
(A) fluent in Kreyol or are working towards a
proficiency in Kreyol, or willing to undertake
intensive Kreyol training; or
(B) fluent in French or are working towards a
proficiency in French, or willing to undertake
intensive French training.
(3) Possess skills or expertise to further the purposes of
this Act.
(g) Terms of Participation for Individuals in the Exchange
Program.--
(1) Orientation required for individuals in the exchange
program.--Participants shall attend an orientation outlined by
the Director of Foreign Assistance, in consultation with the
selection committee. The orientation shall consist of workshops
and seminars designed to prepare participants for their stay in
Haiti. Topics addressed shall include the following:
(A) A review of the Exchange Program's goals and
intentions.
(B) A review of Haiti's different approaches to the
country's development needs.
(C) A review of the potential cultural and
behavioral barriers individuals may face while
participating in the Exchange Program.
(2) Length of service in exchange program.--
(A) 27 months.--Individuals may participate in the
Exchange Program for not longer than 27 months.
(B) Exception.--If a participant would like to
extend the duration of time of participation in the
program, an application for such an extension shall be
subject to approval of the Director of Foreign
Assistance, in consultation with the democratically
elected Government of Haiti. Upon approval, individuals
may participate in the Exchange Program for one
additional year.
(C) Compensation and readjustment allowance.--
(i) Compensation.--An individual who
participates in the Exchange Program shall
receive monthly compensation equal to the
average monthly salary of such individual's
professional Haitian counterpart.
(ii) Readjustment allowance.--At the end of
an individual's participation in the Exchange
Program, the Director of Foreign Assistance
shall provide to such individual a readjustment
allowance in an amount equal to the number of
months such individual participated in the
Exchange Program multiplied by $250.
(3) Enactment, notice.--
(A) Establishment.--The Exchange Program shall be
established not later than 180 days after the date of
the enactment of this Act.
(B) Notice.--Not later than 30 days after the date
on which the Director of Foreign Assistance establishes
the Exchange Program under subsection (a), the Director
shall--
(i) provide notice thereof to Congress; and
(ii) submit to Congress information on the
Exchange Program that contains the agreement
governing the scope of work negotiated with the
democratically elected Government of Haiti, a
recruitment plan for participants, and a
description of the qualifications and other
appropriate information relating to individuals
who are to be recruited to participate in the
Exchange Program, including the needs that the
individuals are expected to fill under the
Exchange Program.
(4) Definitions.--In this section:
(A) Civil society.--The term ``civil society''
means voluntary civic and social organizations and may
include registered charities, grassroots organizations,
coalitions and advocacy groups, and professional
associations.
(B) Expert advisors.--The term ``expert advisors''
means individuals who possess extensive experience in
fields which will benefit Haiti that may include
education, energy, environment, health care,
infrastructure, security, transportation, and disaster
preparedness.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated for each of fiscal years 2009 through 2014
such sums as may be necessary to carry out this
section.
(B) Sense of congress.--It is the sense of Congress
that at least $3,000,000 should be made available for
each of the fiscal years specified in subparagraph (A)
to carry out this section.
(h) Reports.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act and annually thereafter, the Director
of Foreign Assistance shall submit to Congress a report
regarding the Exchange Program.
(2) Contents.--The reports shall include information
relating to the following:
(A) Individuals and organizations selected to
participate and receive funds and a detailed breakdown
of the uses of such funds, including purpose,
locations, and results.
(B) The potential for expansion of the Exchange
Program.
(C) The number of individuals recruited to
participate in the Exchange Program, their countries of
origin and their current residences, and the ministry
or agency and the locality in which each individual is
placed.
(D) A statement of financial accounting.
SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS.
(a) Program Established.--
(1) Program authorized.--The Secretary of State, in
cooperation with the Secretary of Education, shall establish
and implement a program to cancel the obligation of loan
borrowers to pay the principal and interest on student loans
for program participants, during their service in the Exchange
Program under section 2.
(2) Method of repayment.--The Secretary of State shall
carry out such program by repaying in accordance with
subsection (b) the principal and interest, not to exceed a
total of $10,000, on a loan made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower
who--
(A) has obtained an undergraduate or graduate
degree;
(B) is selected to participate in the Exchange
Program under section 2 of this Act;
(C) is a United States citizen or permanent legal
resident; and
(D) is in repayment status on such loan and is not
in default on a loan for which the borrower seeks
forgiveness of principal and interest payments.
(b) Terms.--
(1) Promise to complete service required for payment.--Any
application for payment under subsection (a) shall contain an
agreement by the applicant that the applicant will continue in
a qualifying service described in subsection (a)(2)(B) for not
less than 1 complete year, or will, upon a failure to complete
such year, repay the United States the amount of the principal
and interest repaid by the Secretary under subsection (a), at a
rate and schedule, and in accordance with regulations,
prescribed by the Secretary. Such regulations may provide for
waiver by the Secretary of such repayment obligations upon
proof of economic hardship as specified in such regulations.
(2) Payment in installments.--After a borrower has been
selected as a participant of the Exchange Program under section
2, the Secretary shall make payments under this section while
the borrower is in loan repayment status and continues as a
participant of such program. The Secretary shall repay a
portion of a borrower's outstanding loan, not to exceed a total
of $10,000, in the following increments:
(A) Up to $2,000, or 20 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the first year of such service.
(B) Up to $2,500, or 25 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the second year of such service.
(C) Up to $5,000, or 50 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the third and final year of such service.
(c) Regulations.--The Secretary of State is authorized to issue
such regulations as may be necessary to carry out this section. Such
regulations shall establish procedures by which borrowers shall apply
for loan repayment under this section. | Next Steps for Haiti Act of 2009 - Authorizes the Director of Foreign Assistance, in consultation with the government of Haiti and Haitian civil society organizations, to establish the Haiti Professional Exchange Program whose purpose shall be to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, including education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness.
Requires that the Director establish an outreach program to encourage Exchange Program participation.
Sets forth Program provisions. Authorizes appropriations.
Directs the Secretary of State to implement a student loan forgiveness program for Program participants. | {"src": "billsum_train", "title": "To provide for professional exchanges with Haiti, and for other purposes."} | 2,710 | 140 | 0.348969 | 1.0648 | 0.476309 | 5.927419 | 20.854839 | 0.927419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving the American Historical
Record Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Much of the American historical record, such as
evidence of births, education, marriage, divorce, property
owned, obligations satisfied, and criminal conduct, is held at
the State and local level by organizations that preserve the
records that protect the rights of the Nation.
(2) The United States has recognized the importance of
history by its support of national institutions such as the
National Archives, the Library of Congress, and the Smithsonian
Institution. Yet, this support is not adequate to reach the
rest of the Nation's archives being held in State and local
historical societies, archives, and library history
collections.
(3) More resources need to be directed to State and local
organizations to ensure essential care of documents and
archival records in their many forms so that they can be
readily used by the people of this Nation.
(4) History connects people to community--whether the
community is a family, a neighborhood, a city, a State, or a
Nation. Connections to the past are essential to sustaining
democracy, educating students, creating a sense of place in
family and community, supporting information needs in business
and legal affairs, and making reasoned decisions about the
Nation's future direction.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to protect historical records from harm, to prolong
their life, and to preserve them for public use, through the
use of electronic records initiatives and plans for disaster
preparedness, recovery, and other preservation activities;
(2) to use historical records in new and creative ways to
convey the importance of State, territorial, and community
history, including the development of teaching materials for
elementary, secondary, and postsecondary teachers, active
participation in National History Day, and support for lifelong
learning opportunities;
(3) to provide education and training to archivists and
others who care for historical records, ensuring that they have
the necessary knowledge and skills to fulfill their important
responsibilities; and
(4) to create a wide variety of access tools, including
archival finding aids, documentary editions, indexes, and
images of key records maintained on Internet websites of State
and local organizations.
SEC. 4. AUTHORITY TO MAKE GRANTS.
The Archivist shall make grants under this Act to States to carry
out programs consistent with the purposes of this Act.
SEC. 5. USE OF GRANT AMOUNTS.
(a) Requirements.--The Archivist may not award grants to any State
under this Act unless--
(1) the State agrees to use grant amounts only to carry out
programs consistent with the purposes of this Act;
(2) the State certifies the availability of State or
private funds, or an in-kind equivalent, equal to half the
amount of the grant to be awarded to the State; and
(3) the State ensures that grant amounts are used to
supplement, and not supplant, non-Federal funds that would
otherwise be available for those purposes.
(b) Additional Conditions.--The Archivist may require additional
terms and conditions in connection with the use of grant amounts
provided under this Act as the Archivist considers appropriate.
SEC. 6. STATE ALLOCATIONS.
(a) In General.--The Archivist shall award grant amounts under this
Act in accordance with this section.
(b) Calculation of Allocations.--The Archivist shall allocate funds
made available to carry out this Act to the States as follows:
(1) 10 percent of the total available funds divided equally
among the States.
(2) 82 percent of such funds allotted to the States on the
basis of their relative total population, adjusted every decade
based on the United States Census.
(3) 8 percent of such funds allotted to the States by
geographic size.
(c) State Grants.--From funds allocated under subsection (b), the
Archivist shall make grants to the State archival administrative agency
of each State.
(d) Reallocation.--The State archival administrative agency shall
return any funds received under subsection (c) that the State archival
administrative agency does not obligate within one year of receiving a
grant, and the Archivist shall reallocate such funds to the remaining
States in accordance with subsection (b).
(e) Consultation With State Archivists and Secretaries of State.--
In carrying out this section, the Archivist shall consult with State
archivists, State secretaries of state, or other appropriate State and
local officials who have administrative responsibilities for archival
functions.
SEC. 7. APPLICATION.
The Archivist may award grant amounts under this Act only to a
State that has submitted an application to the Archivist at such time,
in such manner, and containing such information as the Archivist may
require.
SEC. 8. REVIEW AND SANCTIONS.
(a) Annual Report by State.--Each State receiving funds under this
Act during a calendar year shall provide to the Archivist, no later
than January 31 of the following year, a report on activities supported
by such funds during the previous calendar year.
(b) Annual Review.--The Archivist shall review annually the report
provided by each State under subsection (a) to determine the extent to
which the State has complied with the provisions of this Act.
(c) Imposition of Sanctions.--The Archivist may impose sanctions on
any State for any failure to comply substantially with the provisions
of this Act. The Archivist shall establish the sanctions to be imposed
for a failure to comply substantially with the provisions of this Act.
SEC. 9. ANNUAL REPORT.
Not later than April 1 of each year, the Archivist shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a report describing the activities carried out
under this Act and containing any related information that the
Archivist considers appropriate.
SEC. 10. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means each State, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(2) Archivist.--The term ``Archivist'' means the Archivist
of the United States appointed under section 2103 of title 44,
United States Code.
(3) Historical record.--The term ``historical record''
means unpublished materials created or received by a person,
family, or organization, public or private, in the conduct of
their affairs that are preserved because of the enduring value
contained in the information they contain or as evidence of the
functions and responsibilities of their creator.
(4) State archivist.--The term ``State Archivist'' means
the individual mandated by law within each State with
responsibility for managing the archival records of State
government.
(5) State archival administrative agency.--The term ``State
archival administrative agency'' means the agency mandated by
law within each State with the responsibility for managing the
archival records of State government.
SEC. 11. REGULATIONS.
The Archivist shall prescribe any regulations necessary to carry
out this Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Archivist $50,000,000
each fiscal year for 5 fiscal years, beginning with the first fiscal
year beginning after the date of the enactment of this Act, to make
grants under this Act. | Preserving the American Historical Record Act - Requires the Archivist of the United States to make grants to states to: (1) protect historical records; (2) use such records in new and creative ways; (3) provide education and training to those who care for historical records; and (4) create a wide variety of access tools, including finding aids, documentary editions, indexes, and images of key records maintained on state and local organization websites.
Sets forth a formula for the allocation of grant funds to states. Requires the Archivist to consult with state archivists, state secretaries of state, or other appropriate state and local officials who have administrative responsibilities for archival functions. | {"src": "billsum_train", "title": "A bill to authorize the Archivist of the United States to make grants to States for the preservation and dissemination of historical records."} | 1,641 | 150 | 0.572376 | 1.555598 | 0.740668 | 4.954545 | 11.621212 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work-Life Balance Award Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employer.--The term ``employer''--
(A) means any person (as defined in section 3(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
202(a))) engaged in commerce or in any industry or
activity affecting commerce; and
(B) includes any agency of a State, or political
subdivision thereof.
The term does not include the Government of the United States
or any agency thereof.
(2) Work-life balance policy.--The term ``work-life balance
policy'' means a workplace practice designed to enable
employees to achieve a satisfactory work-life balance.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 3. ESTABLISHMENT OF AWARD.
(a) In General.--There is established in the Department of Labor an
annual award to be known as the Work-Life Balance Award (hereinafter
referred to as the ``Award'') for employers that have developed and
implemented work-life balance policies.
(b) Plaque.--The Award shall be evidenced by a plaque bearing the
title ``Work-Life Balance Award''.
(c) Application.--
(1) In general.--An employer desiring consideration for an
Award shall submit an application to the Work-Life Balance
Advisory Board established under section 4, at such time, in
such manner, and containing such information as such Board may
require.
(2) Reapplication.--An employer may reapply for an Award,
regardless of whether the employer has been a previous
recipient of such Award.
(d) Display on Web Site.--The Secretary shall make publically
available on its Web site the names of each recipient of the Award.
(e) Presentation of Award.--After receiving recommendations from
the Board established under section 4, the Secretary (or the
Secretary's designee) shall present annually the Award to employers
that meet the criteria developed under section 4(b)(1).
SEC. 4. WORK-LIFE BALANCE ADVISORY BOARD.
(a) Establishment.--There is established within the Department of
Labor a Work-Life Balance Advisory Board (hereinafter referred to as
the ``Board'').
(b) Duties.--The Board shall--
(1) subject to the approval by the Secretary, not later
than 180 days after the initial meeting described under
subsection (f)(1)(B), develop criteria to determine recipients
of the Award. In developing such criteria, such Board shall--
(A) identify those work-life balance policies,
which if properly implemented, will permit employees to
achieve a work-life balance;
(B) take into consideration an employer's record of
compliance, or noncompliance, with Federal and State
labor laws; and
(C) seek input from all interested parties to
assist in making a determination of the recipients of
the Award, including input from stakeholders;
(2) develop a process for receiving and processing
applications;
(3) recommend recipients of the Award from among those
applications submitted to the Board in accordance with section
3(c);
(4) present to the Secretary the names of the employers
that the Board recommends as recipients of the Award in
accordance with the criteria developed under paragraph (1); and
(5) set an annual timetable for fulfilling the duties
described under this subsection.
(c) Revisions.--The Board, subject to the approval of the
Secretary, may make revisions, as appropriate, to the criteria
developed under subsection (b)(1) from time to time.
(d) Membership.--
(1) Numbers and appointment.--Subject to paragraphs (2)
through (5), the Board shall be composed of 9 members appointed
by the Secretary as follows:
(A) 1 member, who shall serve as chairperson of the
Board, representing the public.
(B) 1 member representing a State or local
government.
(C) 1 member representing a nonprofit employer.
(D) 2 members representing private industry or
industry organizations.
(E) 2 members representing labor organizations.
(F) 2 members representing families and children.
(2) Recommendations.--In appointing any member of the Board
under paragraph (1) who is not the chairperson of such Board,
the Speaker and the minority leader of the House of
Representatives, and the majority and minority leader of the
Senate, each shall submit to the Secretary recommendations with
the names of proposed members of the Board, and from such
submissions the Secretary shall appoint the members of the
Board in accordance with such paragraph.
(3) Limitation.--The Secretary may not appoint any Member
of Congress to the Board.
(4) Political affiliation.--Not more than 4 members of the
Board appointed under paragraph (1) may be of the same
political party.
(5) Qualifications.--Members of the Board shall be
individuals with knowledge of and experience with work-life
balance policies.
(e) Terms.--
(1) In general.--Except as provided under paragraphs (2)
and (3), each member of the Board shall be appointed for 2
years and may be reappointed.
(2) Terms of initial appointees.--As designated by the
Secretary at the time of appointment, of the members of the
Board first appointed, 4 shall each be appointed for a 2-year
term and the remainder shall each be appointed for a 3-year
term.
(3) Vacancies.--Any member of the Board appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(f) Operations.--
(1) Meetings.--
(A) In general.--Except for the initial meeting of
the Board under subparagraph (B), the Board shall meet
at the call of the Chairperson or a majority of its
members.
(B) Initial meeting.--The Board shall conduct its
first meeting not later than 90 days after the
appointment of all of its members.
(2) Voting and rules.--A majority of members of the Board
shall constitute a quorum to conduct business. The Board may
establish by majority vote any other rules for the conduct of
the business of the Board, if such rules are not inconsistent
with this section or other applicable law.
SEC. 5. REGULATIONS.
The Secretary may prescribe regulations to carry out the purposes
of this Act. | Work-Life Balance Award Act - Establishes in the Department of Labor an annual Work-Life Balance Award for employers that have developed and implemented work-life balance policies.
Establishes a Work-Life Balance Advisory Board to develop criteria to determine recipients of the Award. | {"src": "billsum_train", "title": "To establish the Work-Life Balance Award for employers that have developed and implemented work-life balance policies."} | 1,442 | 59 | 0.627533 | 1.455474 | 1.085398 | 5.307692 | 25.865385 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Ag Science Center Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The State of California is a preeminent producer of
more than 350 different agricultural commodities, including
more than 90 percent of all of the tomatoes and grapes produced
in the United States, all of the commercial almonds, dates,
figs, olives, cling peaches, prunes and raisins produced in the
United States, and one out of every five glasses of milk
consumed in the United States.
(2) California is the leading State in terms of
agricultural exports, annually shipping more than $7 billion
dollars worth of agricultural commodities around the world.
(3) The total investment by California's 78,500 farms in
terms of direct and indirect economic impact is staggering,
and, if California is going to keep its agricultural industry
strong and vibrant, it must focus on the needs of farmers who
are valuable contributors to the economic, social, and cultural
life of the State and the United States.
(4) Since 1945, agricultural land has been rapidly
disappearing across California, as soil erosion, urbanization,
the growth of deserts, and salinization have all contributed to
loss of productive farmland. If these trends continue,
California will no longer be able to supply food for its
population, let alone the United States, and will be unable to
export food to the rest of the world.
(5) As Americans grow more and more detached from the great
agrarian history of the United States, fewer Americans
understand the fundamental importance of agriculture to
American society.
(6) Educating young Americans about agriculture and its
importance to the United States nation is an investment that
will pay off in future benefits.
(7) Greater public understanding and appreciation of the
importance of agriculture to California, the United States, and
the world is needed to secure a positive future, in which the
United States can rely on healthy food that is produced
domestically. Citizens of all ages, especially youth, must play
a meaningful, hands-on role in determining the future of
California agriculture.
(8) As planners, conservationists, and other interested
persons around the State of California organize to help protect
agricultural resources, the proposed National Ag Science Center
in Stanislaus County, California, is preparing to educate and
alert future generations about the need to preserve
agricultural land and to foster an understanding of the
importance of agriculture. The mission of the National Ag
Science Center will be to provide exciting and fun agricultural
learning opportunities and resources in order for young people
to learn how a vibrant agricultural economy is necessary for a
vibrant society, and to assure a bright future for all aspects
of the agriculture industry. The National Ag Science Center
will prepare young Americans for career and leadership
opportunities in agriculture.
(9) According to findings of the Center for Public Policy
Studies at California State University, Stanislaus, the
National Ag Science Center will create or support up to 359 new
local jobs, create or support up to $57,500,000 in economic
activity and $15,200,000 in labor income through construction
of the new facility, generate as much as $8,500,000 in total
annual economic activity, and result in as much as $3,400,000
in total annual labor income.
(10) On September 14, 2005, the Yosemite Community College
District Board, in Stanislaus County, California, voted
unanimously to approve the dedication of a 3.5 acre site on the
West Campus of Modesto Community College for the National Ag
Science Center.
(11) Establishment of the National Ag Science Center is in
the national interest, as the proposed Center will enable
future generations to help assure a healthy and profitable
place for agriculture in the economy of California and the
United States.
SEC. 3. ASSISTANCE FOR ESTABLISHMENT OF NATIONAL AG SCIENCE CENTER,
STANISLAUS COUNTY, CALIFORNIA.
(a) Assistance Authorized.--Using such funds as may be appropriated
pursuant to the authorization of appropriations in subsection (d), the
Secretary of the Interior and the Secretary of Agriculture shall make
grants to the Ag Science Center, Inc., in Stanislaus County,
California, to cover a portion of the costs of establishing the
National Ag Science Center, including costs relating to the design,
planning, construction, furnishing, equipping, and expansion of the
Center.
(b) Grant Proposal.--To receive a grant under subsection (a), the
Ag Science Center, Inc. shall submit to the Secretary of the Interior
or the Secretary of Agriculture, or to both Secretaries, a proposal for
the use of the grant funds, which shall include detailed plans for the
design, construction, furnishing, equipping, and expansion of the
National Ag Science Center.
(c) Limitation on Grant Amounts.--The portion of the costs
described in subsection (a) covered by grants made under this section
shall not exceed 33 percent of the total costs to establish the Center.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture $10,000,000 to make grants under this section. Amounts so
appropriated shall remain available until expended. | National Ag Science Center Act of 2006 - Directs the Secretary of the Interior and the Secretary of Agriculture to make grants to the Ag Science Center, Inc., in Stanislaus County, California, to cover a portion of the costs of establishing the National Ag Science Center. Limits the portion of such costs covered by grants made under this Act to 33% of the total costs to establish the Center. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to facilitate the establishment of the National Ag Science Center in Stanislaus County, California."} | 1,119 | 86 | 0.416553 | 1.220019 | 0.222864 | 7.460526 | 14.092105 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Ecology Protection Act
of 2001''.
SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.
(a) In General.--Section 1101(b) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--The Secretary of Transportation shall
issue regulations to prevent the introduction and spread of
aquatic nuisance species within the Great Lakes.
``(2) Contents of the regulations.--The regulations
required by paragraph (1) shall--
``(A) ensure to the maximum extent practicable that
ballast water containing aquatic nuisance species is
not discharged into the Great Lakes;
``(B) protect the safety of each vessel, its crew,
and passengers, if any;
``(C) apply to all vessels capable of discharging
ballast water, whether equipped with ballast water tank
systems or otherwise, that enter the Great Lakes after
operating on waters beyond the exclusive economic zone;
``(D) require such vessels to--
``(i) carry out any discharge or exchange
of ballast water before entering the Great
Lakes; or
``(ii) carry out any discharge or exchange
of ballast water within the Great Lakes only in
compliance with the regulations;
``(E) take into consideration different vessel
operating conditions;
``(F) require the use of environmentally sound
treatment methods for ballast water and ballast
sediments in preventing and controlling infestations of
aquatic nuisance species;
``(G) provide for certification by the master of
each vessel entering the Great Lakes that such vessel
is in compliance with the regulations;
``(H) assure compliance through--
``(i) sampling procedures;
``(ii) inspection of records; and
``(iii) imposition of sanctions in
accordance with subsection (g)(1);
``(I) be based on the best scientific information
available;
``(J) not supersede or adversely affect any
requirement or prohibition pertaining to the discharge
of ballast water into the waters of the United States
under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
``(K) include such other matters as the Secretary
considers appropriate.''.
(b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C.
4702) is amended by--
(1) redesignating paragraphs (13), (14), (15), (16), and
(17) in order as paragraphs (14), (15), (16), (17), and (18);
and
(2) inserting after paragraph (12) the following:
``(13) `treatment methods' means the treatment of the
contents of ballast water tanks, including the sediments within
such tanks, to remove or destroy living biological organisms
through--
``(A) filtration;
``(B) the application of biocides or ultraviolet
light;
``(C) thermal methods; or
``(D) other treatment techniques approved by the
Secretary;''.
(c) Maximizing Public Participation in the Formulation of Required
Regulations.--The Secretary of Transportation shall maximize public
participation in the issuance of regulations required by the amendment
made by subsection (a), by--
(1) publishing an advance notice of proposed rulemaking;
(2) publishing the advance notice of proposed rulemaking
and the proposed rule through means designed to reach persons
likely to be subject to or affected by the regulations;
(3) making the text of the advance notice of proposed
rulemaking and of the proposed rule available through
electronic means;
(4) providing not less than 120 days for public comment on
the proposed rule;
(5) providing for an effective date that is not less than
30 days after the date of publication of the final rule; and
(6) such other means as the Secretary considers
appropriate.
(d) Required Regulatory Schedule.--
(1) Issuance of advance notice of proposed rulemaking.--
(A) In general.--The Secretary shall issue an
advance notice of proposed rulemaking for the
regulations required by the amendment made by
subsection (a) within 120 days after the date of enactment of this Act.
(B) Timetable for implementation.--The advanced
notice of proposed rulemaking shall contain a detailed
timetable for--
(i) the implementation of treatment methods
determined to be technologically available and
cost-effective at the time of the publication
of the advanced notice of proposed rulemaking;
and
(ii) the development, testing, evaluation,
approval, and implementation of additional
technologically innovative treatment methods.
(2) Issuance of final regulations.--The Secretary shall
issue final regulations--
(A) with respect to the implementation of treatment
methods referred to in paragraph (1)(B)(i), by not
later than 270 days after the date of enactment of this
Act; and
(B) with respect to the additional technologically
innovative treatment methods referred to in paragraph
(1)(B)(ii), by not later than the earlier of--
(i) the date established by the timetable
under paragraph (1)(B) for implementation of
such methods; or
(ii) 720 days after the date of enactment
of this Act. | Great Lakes Ecology Protection Act of 2001 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. Calls upon such regulations to require, among other things, the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species.Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations. | {"src": "billsum_train", "title": "To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes."} | 1,175 | 121 | 0.630631 | 1.703274 | 0.627967 | 4.292929 | 11.252525 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Banking for Human Traffickers
Act of 2018''.
SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUSTRY IN COMBATING
HUMAN TRAFFICKING.
(a) Treasury as a Member of the President's Interagency Task Force
To Monitor and Combat Trafficking.--Section 105(b) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is
amended by inserting ``the Secretary of the Treasury,'' after ``the
Secretary of Education,''.
(b) Required Review of Procedures.--Not later than 180 days after
the date of the enactment of this Act, the Financial Institutions
Examination Council, in consultation with the Secretary of the
Treasury, the private sector, and appropriate law enforcement agencies,
shall--
(1) review and enhance training and examinations procedures
to improve the capabilities of anti-money laundering and
countering the financing of terrorism programs to detect
financial transactions relating to severe forms of trafficking
in persons;
(2) review and enhance procedures for referring potential
cases relating to severe forms of trafficking in persons to the
appropriate law enforcement agency; and
(3) determine, as appropriate, whether requirements for
financial institutions are sufficient to detect and deter money
laundering relating to severe forms of trafficking in persons.
(c) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee on
Financial Services and the Committee on the Judiciary of the
House of Representatives, the Committee on Banking, Housing,
and Urban Affairs and the Committee on the Judiciary of the
Senate, and the head of each appropriate Federal banking
agency--
(A) an analysis of anti-money laundering efforts of
the United States Government and United States
financial institutions relating to severe forms of
trafficking in persons; and
(B) appropriate legislative, administrative, and
other recommendations to strengthen efforts against
money laundering relating to severe forms of
trafficking in persons.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) feedback from financial institutions on best
practices of successful programs to combat severe forms
of trafficking in persons currently in place that may
be suitable for broader adoption by similarly situated
financial institutions;
(B) feedback from stakeholders, including victims
of severe forms of trafficking in persons and financial
institutions, on policy proposals derived from the
analysis conducted by the task force referred to in
paragraph (1) that would enhance the efforts and
programs of financial institutions to detect and deter
money laundering relating to severe forms of
trafficking in persons, including any recommended
changes to internal policies, procedures, and controls
relating to severe forms of trafficking in persons;
(C) any recommended changes to training programs at
financial institutions to better equip employees to
deter and detect money laundering relating to severe
forms of trafficking in persons;
(D) any recommended changes to expand information
sharing relating to severe forms of trafficking in
persons among financial institutions and between such
financial institutions, appropriate law enforcement
agencies, and appropriate Federal agencies; and
(E) recommended changes, if necessary, to existing
statutory law to more effectively detect and deter
money laundering relating to severe forms of
trafficking in persons, where such money laundering
involves the use of emerging technologies and virtual
currencies.
(d) Limitation.--Nothing in this Act shall be construed to grant
rulemaking authority to the Interagency Task Force to Monitor and
Combat Trafficking.
(e) Definitions.--As used in this section--
(1) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 3(q) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q));
(2) the term ``severe forms of trafficking in persons'' has
the meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102);
(3) the term ``Interagency Task Force to Monitor and Combat
Trafficking'' means the Interagency Task Force to Monitor and
Combat Trafficking established by the President pursuant to
section 105 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103); and
(4) the term ``law enforcement agency'' means an agency of
the United States, a State, or a political subdivision of a
State, authorized by law or by a government agency to engage in
or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal or civil law.
SEC. 3. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF
TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United States Code,
is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to
severe forms of trafficking in persons;''.
(b) Interagency Coordination.--Section 312(a) of title 31, United
States Code, is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of severe forms of trafficking in persons
with--
``(A) other offices of the Department of the
Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat
Trafficking in Persons of the Department of
State; and
``(ii) the Interagency Task Force to
Monitor and Combat Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
(c) Definition.--Section 312(a) of title 31, United States Code, as
amended by this section, is further amended by adding at the end the
following:
``(9) Definition.--In this subsection, the term `severe
forms of trafficking in persons' has the meaning given such
term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).''.
SEC. 4. ADDITIONAL REPORTING REQUIREMENT UNDER THE TRAFFICKING VICTIMS
PROTECTION ACT OF 2000.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial
Services,'' after ``the Committee on Foreign
Affairs,''; and
(B) by inserting ``the Committee on Banking,
Housing, and Urban Affairs,'' after ``the Committee on
Foreign Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate
money laundering relating to severe forms of
trafficking in persons and the number of
investigations, arrests, indictments, and convictions
in money laundering cases with a nexus to severe forms
of trafficking in persons.''.
SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
Section 108(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)) is amended by adding at the end the following new
paragraph:
``(13) Whether the government of the country, consistent
with the capacity of the country, has in effect a framework to
prevent financial transactions involving the proceeds of severe
forms of trafficking in persons, and is taking steps to
implement such a framework, including by investigating,
prosecuting, convicting, and sentencing individuals who attempt
or conduct such transactions.''.
Passed the House of Representatives April 10, 2018.
Attest:
KAREN L. HAAS,
Clerk. | End Banking for Human Traffickers Act of 2018 (Sec. 2) This bill amends the Victims of Trafficking and Violence Protection Act of 2000 to add the Secretary of the Treasury as a member of the President's Interagency Task Force to Monitor and Combat Trafficking. The task force must submit to Congress recommendations for the revision of anti-money laundering programs specifically targeting severe forms of human trafficking. The Federal Financial Institutions Examination Council must: (1) review and enhance training and procedures to improve the capability of specified programs to target financial transactions relating to severe forms of human trafficking, (2) review and enhance procedures for referring potential severe human trafficking cases to the appropriate law enforcement agency, and (3) determine whether financial institution requirements are sufficient to detect and deter money laundering related to severe forms of human trafficking. (Sec. 3) The Office of Terrorism and Financial Intelligence must coordinate with other specified agencies to combat the illicit financing relating to severe forms of human trafficking. (Sec. 4) The bill amends the Trafficking Victims Protection Act of 2000 to require the task force to report on efforts to eliminate money laundering related to severe forms of human trafficking. (Sec. 5) The bill provides additional criteria to be considered by the State Department to indicate a country's serious and sustained efforts to eliminate human trafficking. Specifically, the bill adds criteria regarding whether a country has taken or is taking steps to implement a framework for preventing financial transactions involving severe forms of human trafficking. | {"src": "billsum_train", "title": "End Banking for Human Traffickers Act of 2017"} | 1,930 | 369 | 0.720886 | 2.259248 | 0.861934 | 3.220641 | 6.032028 | 0.864769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Our Promise to Special
Education Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Children with disabilities are guaranteed an equal
opportunity to an education under the 14th Amendment to the
Constitution.
(2) While States and local educational agencies are
responsible for providing an education for all children with
disabilities, it is in the national interest that the Federal
Government have a role in assisting State and local efforts to
educate children with disabilities in order to improve results
for those children and to ensure equal protection of the law.
(3) It is estimated that the excess expense of educating a
child with a disability is equal to 40 percent of the national
average per pupil expenditure.
(4) Under the Individuals with Disabilities Education Act,
Congress committed the Federal Government to contributing up to
40 percent of the national average per pupil expenditure for
the purpose of educating children with disabilities.
(5) To date, the Federal Government has never contributed
more than 15 percent of the maximum state grant allocation for
educating children with disabilities under the Individuals with
Disabilities Education Act.
SEC. 3. PURPOSE.
It is the purpose of this Act to reach the Federal Government's
goal of providing 40 percent of the national average per pupil
expenditure for the purpose of education all children with disabilities
by fiscal year 2011.
SEC. 4. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) the following percentages of the average
current per-pupil expenditure in public elementary and
secondary schools in the United States for the
following fiscal years:
``(i) 20 percent for fiscal year 2002.
``(ii) 22 percent for fiscal year 2003.
``(iii) 24 percent for fiscal year 2004.
``(iv) 26 percent for fiscal year 2005.
``(v) 28 percent for fiscal year 2006.
``(vi) 30 percent for fiscal year 2007.
``(vii) 32 percent for fiscal year 2008.
``(viii) 34 percent for fiscal year 2009.
``(ix) 37 percent for fiscal year 2010.
``(x) 40 percent for fiscal year 2011 and
each subsequent fiscal year.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Keeping Our Promise to Special
Education Act of 2001)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(I) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(II) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
SEC. 5. USE OF CERTAIN FUNDS UNDER THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 613(a)(2)(C) of the Individuals with Disabilities Education
Act (20 U.S.C. 1413(a)(2)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following:
``(ii) If a local educational agency
chooses to utilize the authority under clause
(i) to treat as local funds up to 20 percent of
the amount of funds the agency receives under
this part that exceeds the amount it received
under this part for the previous fiscal year,
then the agency shall use those local funds to
provide additional funding for programs under
the Elementary and Secondary Education Act of
1965, including, but not limited to, programs
that address school safety, teacher quality and
professional development, before and after
school learning opportunities, comprehensive
school reform and literacy, class size
reduction, school construction and
modernization, or related education programs
authorized under Federal or State law.''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 2001. | Keeping Our Promise to Special Education Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to specify mandatory minimum levels of Federal grant payments to States for assistance for education of all children with disabilities.Requires local educational agencies, if they choose to treat certain IDEA funds as local funds, to use them to provide additional funding for programs under the Elementary and Secondary Education Act of 1965. | {"src": "billsum_train", "title": "To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities."} | 1,828 | 91 | 0.490408 | 1.117219 | 0.605561 | 2.987013 | 21.948052 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Sanctuaries
Preservation Act''.
SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES 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 National Marine Sanctuaries
Act (16 U.S.C. 1431-1445a).
SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT.
Section 313 (16 U.S.C. 1444) is amended to read as follows:
``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this title--
``(1) $12,000,000 for fiscal year 1997;
``(2) $15,000,000 for fiscal year 1998; and
``(3) $18,000,000 for fiscal year 1999.''.
SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR.
The Secretary of Commerce shall, within 12 months after the date of
the enactment of this Act, prepare and submit to the Committee on
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a long-range,
comprehensive plan for the management, stabilization, preservation, and
recovery of artifacts and materials of the U.S.S. MONITOR. In preparing
and implementing the plan, the Secretary shall to the extent feasible
utilize the resources of other Federal and private entities with
expertise and capabilities that are helpful.
SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS.
Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting
before the period at the end the following: ``, except that in the case
of a meeting of an Advisory Council established to provide assistance
regarding any individual national marine sanctuary the notice is not
required to be published in the Federal Register''.
SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.
(a) Incorporation of Existing Provision.--Section 316 (16 U.S.C.
1445 note) is redesignated as section 317, section 2204 of the National
Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5049) is
moved so as to appear in the National Marine Sanctuaries Act following
section 315, and that moved section is designated as section 316 of the
National Marine Sanctuaries Act.
(b) Amendment of Incorporated Section.--Section 316, as moved and
designated by subsection (a) of this section, is amended as follows:
(1) Subsections (a), (g), and (h) are struck, and subsections
(b), (c), (d), (e), and (f) are redesignated as subsections (a),
(b), (c), (d), and (e), respectively.
(2) In subsection (a), as so redesignated, the matter preceding
paragraph (1) is struck and the following is inserted:
``(a) Authority.--The Secretary may establish a program consisting
of--''.
(3) In subsection (a)(5), as so redesignated--
(A) ``establishment'' is struck and ``solicitation'' is
inserted; and
(B) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted.
(4) In subsection (a)(6), as so redesignated--
(A) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted;
(B) ``paragraph (5)'' is struck and ``paragraphs (5) and
(6)'' is inserted;
(C) ``assessed'' is struck and ``collected'' is inserted;
and
(D) ``in an interest-bearing revolving fund'' is struck.
(5) In subsection (a)(7), as so redesignated--
(A) ``and use'' is inserted after ``expenditure'';
(B) ``fees'' is struck and ``monetary and in-kind
contributions'' is inserted; and
(C) ``and any interest in the fund established under
paragraph (6)'' is struck.
(6) In subsection (a), as so redesignated, paragraphs (5), (6),
and (7) are redesignated in order as paragraphs (6), (7), and (8),
and the following new paragraph is inserted after paragraph (4):
``(5) the creation, marketing, and selling of products to
promote the national marine sanctuary program, and entering into
exclusive or nonexclusive agreements authorizing entities to
create, market or sell on the Secretary's behalf;''.
(7) The following new sentence is added at the end of
subsection (a), as so redesignated:
``Monetary and in-kind contributions raised through the sale,
marketing, or use of symbols and products related to an individual
national marine sanctuary shall be used to support that sanctuary.''.
(8) In subsection (e), as so redesignated--
(A) paragraph (2) is struck;
(B) in paragraph (1), ``(1)'' is struck, and subparagraphs
(A), (B), (C), and (D) are redesignated as paragraphs (1), (2),
(3), and (4); and
(C) in paragraph (3), as so redesignated, ``fee'' is struck
and ``monetary or in-kind contribution'' is inserted.
(9) In each of subsections (b), (c), and (d), as so
redesignated, by striking ``subsection (b)'' and inserting
``subsection (a)''.
SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.
(a) Inclusion of Kahoolawe Island Waters.--Section 2305 of the
Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is
amended--
(1) in subsection (a)--
(A) by striking ``(A)'' and inserting ``(a)''; and
(B) by striking ``the area described in subsection (b) is''
and inserting ``the area described in subsection (b)(1) and any
area included under subsection (b)(2) are'';
(2) by amending subsection (b)(2) to read as follows:
``(2)(A) Within 6 months after the date of receipt of a request in
writing from the Kahoolawe Island Reserve Commission for inclusion
within the Sanctuary of the area of the marine environment within 3
nautical miles of the mean high tide line of Kahoolawe Island (in this
section referred to as the `Kahoolawe Island waters'), the Secretary
shall determine whether those waters may be suitable for inclusion in
the Sanctuary.
``(B) If the Secretary determines under subparagraph (A) that the
Kahoolawe Island waters may be suitable for inclusion within the
Sanctuary--
``(i) the Secretary shall provide notice of that determination
to the Governor of Hawaii; and
``(ii) the Secretary shall prepare a supplemental environmental
impact statement, management plan, and implementing regulations for
that inclusion in accordance with this Act, the National Marine
Sanctuaries Act, and the National Environmental Policy Act of
1969.''; and
(3) by amending subsection (c) to read as follows:
``(c) Effect of Objection by Governor.--(1)(A) If, within 45 days
after the date of issuance of the comprehensive management plan and
implementing regulations under section 2306, the Governor of Hawaii
certifies to the Secretary that the management plan, the implementing
regulations, or any term of the plan or regulations is unacceptable,
the management plan, regulation, or term, respectively, shall not take
effect in the area of the Sanctuary lying within the seaward boundary
of the State of Hawaii.
``(B) If the Secretary considers that an action under subparagraph
(A) will affect the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
the designation under subsection (a). At least 30 days before that
termination, the Secretary shall submit written notice of the
termination to the Committee on Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2)(A) If, within 45 days after the Secretary issues the
documents required under subsection (b)(2)(B)(ii), the Governor of
Hawaii certifies to the Secretary that the inclusion of the Kahoolawe
Island waters in the Sanctuary or any term of that inclusion is
unacceptable--
``(i) the inclusion or the term shall not take effect; and
``(ii) subsection (b)(2) shall not apply during the 3-year
period beginning on the date of that certification.
``(B) If the Secretary considers that an action under subparagraph
(A) regarding a term of the inclusion of the Kahoolawe Island waters
will affect the inclusion or the administration of the Kahoolawe Island
waters as part of the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
that inclusion.''.
(b) Limitation on User Fees.--The Hawaiian Islands National Marine
Sanctuary Act (16 U.S.C. 1433 note) is further amended by redesignating
section 2307 as section 2308, and by inserting after section 2306 the
following new section:
``SEC. 2307. LIMITATION ON USER FEES.
``(a) Limitation.--The Secretary shall not institute any user fee
under this Act or the National Marine Sanctuaries Act for any activity
within the Hawaiian Islands National Marine Sanctuary or any use of the
Sanctuary or its resources.
``(b) User Fee Defined.--In this section, the term `user fee' does
not include--
``(1) any fee authorized by section 310 of the National Marine
Sanctuaries Act;
``(2) any gift or donation received under section 311 of that
Act; and
``(3) any monetary or in-kind contributions under section 316
of that Act.''.
SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.
(a) Modification.--Notwithstanding section 304 of the National
Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower
Garden Banks National Marine Sanctuary, as designated by Public Law
102-251, are amended to include the area described in subsection (d),
popularly known as Stetson Bank. This area shall be part of the Flower
Garden Banks National Marine Sanctuary and shall be managed and
regulated as though it had been designated by the Secretary of Commerce
under the National Marine Sanctuaries Act.
(b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce
shall--
(1) prepare a chart depicting the boundaries of the Flower
Garden Banks National Marine Sanctuary, as modified by this
section; and
(2) submit copies of this chart to the Committee on Resources
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) Application of Regulations.--Regulations issued by the
Secretary of Commerce to implement the designation of the Flower Garden
Banks National Marine Sanctuary shall apply to the area described in
subsection (d), unless modified by the Secretary. This subsection shall
take effect 45 days after the date of enactment of this Act.
(d) Area Described.--
(1) In general.--Except as provided in paragraph (2), the area
referred to in subsections (a), (b), and (c) is the area that is--
(A) generally depicted on the Department of the Interior,
Minerals Management Service map titled ``Western Gulf of
Mexico, Lease Sale 143, September 1993, Biologically Sensitive
Areas, Map 3 of 3, Final'';
(B) labeled ``Stetson'' on the High Island Area South
Addition diagram on that map; and
(C) within the 52 meter isobath.
(2) Minor boundary adjustments.--The Secretary of Commerce may
make minor adjustments to the boundaries of the area described in
paragraph (1) as necessary to protect living coral resources or to
simplify administration of the Flower Garden Banks National Marine
Sanctuary and to establish precisely the geographic boundaries of
Stetson Bank. The adjustments shall not significantly enlarge or
otherwise alter the size of the area described in paragraph (1),
and shall not result in the restriction of oil and gas activities
otherwise permitted outside of the ``no activity'' zone designated
for Stetson Bank as that zone is depicted on the Minerals
Management Service map entitled ``Final Notice of Sale 161, Western
Gulf Mexico, Biological Stipulation Map Package''.
(e) Publication of Notice.--
(1) In general.--The Secretary of Commerce shall, as soon as
practicable after the date of the enactment of this Act, publish in
the Federal Register a notice describing--
(A) the boundaries of the Flower Garden Banks National
Marine Sanctuary, as modified by this section, and
(B) any modification of regulations applicable to that
Sanctuary that are necessary to implement that modification of
the boundaries of the Sanctuary.
(2) Treatment as notice required under national marine
sanctuaries act.--A notice published under paragraph (1) shall be
considered to be the notice required to be published under section
304(b)(1) of the National Marine Sanctuaries Act (16 U.S.C.
1434(b)(1)).
(f) Authorization of Appropriations.--Amounts may be appropriated
to carry out this section under the authority provided in section 313
of the National Marine Sanctuaries Act, as amended by this Act.
SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Section 301(b)(2) of the National Marine Sanctuaries Act (16
U.S.C. 1431(b)(2)) is amended by striking the period at the end and
inserting a semicolon.
(b) Section 302 of the National Marine Sanctuaries Act (16 U.S.C.
1432) is amended--
(1) in paragraph (6) by striking ``, and'' at the end of
subparagraph (C) and inserting a semicolon; and
(2) in paragraph (7) by striking ``and'' after the semicolon at
the end.
(c) Section 307(e)(1)(A) of the National Marine Sanctuaries Act (16
U.S.C. 1437(e)(1)(A)) is amended by inserting ``of 1980'' before the
period at the end.
(d) Section 2109 of the National Marine Sanctuaries Program
Amendments Act of 1992 (106 Stat. 5045) is amended by striking the open
quotation marks before ``Section 311''.
(e) Section 2110(d) of the National Marine Sanctuaries Program
Amendments Act of 1992 (106 Stat. 5046) is deemed to have amended
section 312(b)(1) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1443(b)(1)) by inserting ``or authorize'' after
``undertake''.
(f) The material added to the Marine Protection, Research, and
Sanctuaries Act of 1972 by section 2112 of the National Marine
Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046)--
(1) is deemed to have been added by that section at the end of
title III of the Marine Protection, Research, and Sanctuaries Act
of 1972; and
(2) shall not be considered to have been added by that section
to the end of the Marine Protection, Research, and Sanctuaries Act
of 1972.
(g) Section 2202(e) of the National Marine Sanctuaries Program
Amendments Act of 1992 (16 U.S.C. 1433 note) is amended by striking
``section 304(e)'' and inserting ``304(d)''.
(h) Section 304(b)(3) of the National Marine Sanctuaries Act (16
U.S.C. 1434(b)(3)) is amended--
(1) by striking subparagraphs (B) and (C);
(2) by moving the text of subparagraph (A) so as to begin at
the end of the line on which appears the heading for paragraph (3);
(3) by moving clauses (i) and (ii) of subparagraph (A) 2 ems to
the left;
(4) by striking ``(A) In'' and inserting ``In'';
(5) by striking ``(i)'' and inserting ``(A)''; and
(6) by striking ``(ii)'' and inserting ``(B)''.
SEC. 10. NORTHWEST STRAITS.
No designation of an area in the Northwest Straits in the State of
Washington as a national marine sanctuary under the National Marine
Sanctuaries Act shall take effect unless that designation is
specifically authorized by a law enacted after the date of enactment of
this Act.
SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK NATIONAL MARINE
SANCTUARY.
The Stellwagen Bank National Marine Sanctuary shall be known and
designated as the ``Gerry E. Studds Stellwagen Bank National Marine
Sanctuary''. Any reference in a law, map, regulation, document, paper,
or other record of the United States to that national marine sanctuary
shall be deemed to be a reference to the ``Gerry E. Studds Stellwagen
Bank National Marine Sanctuary''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Marine Sanctuaries Preservation Act - Amends the National Marine Sanctuaries Act to authorize appropriations to carry out the Act.
(Sec. 4) Mandates a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S. Ship Monitor using, to the extent feasible, the resources of Federal and private entities with expertise and capabilities that are helpful.
(Sec. 5) Modifies national marine sanctuary advisory committee meeting notice requirements.
(Sec. 6) Authorizes adoption of a symbol for the national marine sanctuary program (NMSP) or any individual sanctuary and the related designation of official sponsors, the selling of products to promote the NMSP, and the collection of monetary or in-kind contributions for symbol use. Requires contributions raised through the sale or use of symbols or products related to a specific sanctuary to be used to support that sanctuary.
(Sec. 7) Amends the Hawaiian Islands National Marine Sanctuary Act to modify requirements regarding: (1) the inclusion in the Hawaiian Islands Humpback Whale National Marine Sanctuary of the marine environment near Kahoolawe Island; and (2) the effect of an objection by the Governor of Hawaii. Prohibits any user fee applicable to the Hawaiian Islands National Marine Sanctuary.
(Sec. 8) Amends, notwithstanding specified provisions of the National Marine Sanctuaries Act, the boundaries of the Flower Garden Banks National Marine Sanctuary to include a described area popularly known as Stetson Bank.
(Sec. 10) Prohibits any designation of an area in the Northwest Straits in the State of Washington as a national marine sanctuary from taking effect unless the designation is specifically authorized by a law enacted after enactment of this Act.
(Sec. 11) Designates the Stellwagen Bank National Marine Sanctuary as the Gerry E. Studds Stellwagen Bank National Marine Sanctuary. | {"src": "billsum_train", "title": "National Marine Sanctuaries Preservation Act"} | 4,087 | 431 | 0.571682 | 1.913717 | 0.793521 | 3.88604 | 10.165242 | 0.900285 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security Search
Accountability Act of 2008''.
SEC. 2. RULE WITH RESPECT TO BORDER SECURITY SEARCHES OF ELECTRONIC
DEVICES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Commissioner
of United States Customs and Border Protection, in coordination with
the Assistant Secretary of Homeland Security for United States
Immigration and Customs Enforcement and the senior official appointed
pursuant to section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142), shall issue a rule with respect to the scope of and procedural
and recordkeeping requirements associated with border security searches
of electronic devices.
(b) Content.--The rule issued pursuant to subsection (a) shall
include the following:
(1) A requirement that information collected during a
border security search of an electronic device that is
determined to be commercial information, including trade
secrets, information subject to attorney-client privilege,
information subject to doctor-patient privilege, or information
subject to another privilege or protection shall be handled
consistent with the laws, rules, and regulations governing such
information and shall not be shared with a Federal, State,
local, tribal, or foreign agency unless it is determined that
such agency has the mechanisms in place to comply with such
laws, rules, and regulations.
(2) A requirement that authorized agents, to the greatest
extent practicable, conduct all border security searches of
electronic devices in the presence of a supervisor and, where
appropriate, in the presence of the individuals whose
electronic devices are subject to such searches.
(3) A determination of the number of days that an
electronic device subjected to a border security search or the
information collected from such device may be retained, unless
probable cause exists, that prohibits retention exceeding the
period necessary to translate, decrypt, or reasonably search
such device or information and that requires such information
to be destroyed if in the custody of an authorized agent after
such number of days.
(4) A requirement that if information collected from an
electronic device subjected to a border security search is
copied, shared, retained, or entered into an electronic
database, the individual from whose electronic device such
information is collected shall receive written notification of
such copying, sharing, retention, or entry unless such
notification would hinder an investigation involving national
security or would meet another criteria established by the
Secretary in the rule.
(5) A requirement that an individual subjected to a border
security search of an electronic device shall receive a receipt
for such device if such device is removed from the possession
of such individual.
(6) A requirement that an individual subjected to a border
security search of an electronic device shall receive notice of
how to report abuses or concerns and how to seek redress from
the Department of Homeland Security.
(7) A requirement that information on the rights of
individuals with respect to border security searches and
Department of Homeland Security redress procedures shall be
posted at all ports of entry in locations that are likely to be
viewed by individuals subject to border security searches.
(8) A privacy impact assessment of the rule, as prepared by
the senior official appointed pursuant to section 222 of the
Homeland Security Act of 2002, that includes recommendations
with respect to the copying, sharing, retention, and entry into
an electronic database of personally identifiable information
collected from electronic devices subjected to a border
security search.
(9) A civil liberties impact assessment of the rule, as
prepared by the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security.
SEC. 3. TRAINING AND AUDITING WITH RESPECT TO THE RULE.
(a) Training.--The Secretary shall provide each authorized agent
with appropriate training to conduct border security searches of
electronic devices in accordance with the rule issued pursuant to
section 2. The training shall include instruction on constitutional,
privacy, civil rights, and civil liberties issues related to such
searches.
(b) Auditing.--The Secretary, acting through the Inspector General
of the Department of Homeland Security, shall develop and annually
administer an auditing mechanism to review whether authorized agents
are conducting border security searches of electronic devices in
accordance with the rule issued pursuant to section 2.
SEC. 4. REPORT.
Not later than 180 days after the effective date of the rule issued
pursuant to section 2, and quarterly thereafter, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives a report that shall include the following:
(1) A description of the activities of authorized agents
with respect to border security searches of electronic devices.
(2) A description of the manner in which the Department of
Homeland Security has complied with this Act.
(3) The number, by port of entry, of border security
searches of electronic devices conducted during the reporting
period.
(4) The number, by port of entry, of instances during the
reporting period that information from an electronic device
subjected to a border security search was retained, copied,
shared, or entered in an electronic database, including the
number of electronic devices retained as the result of a border
security search.
(5) The race, ethnicity, national origin, and citizenship
of each individual whose electronic device was subjected to a
border security search during the reporting period, to
determine the existence or absence of racial profiling.
(6) The number of instances during the reporting period
that information collected from an electronic device subjected
to a border security search was referred to a law enforcement
or intelligence agency for further action, including whether
such information resulted in a prosecution or conviction.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Authorized agent.--The term ``authorized agent'' means
an agent, officer, or official of United States Customs and
Border Protection, United States Immigration and Customs
Enforcement, or any other office or agency of the Department of
Homeland Security who is authorized to conduct a border
security search.
(2) Border security search.--The term ``border security
search'' means a search by an authorized agent of persons,
baggage, or cargo entering, departing, or passing through the
United States through any port of entry.
(3) Electronic device.--The term ``electronic device''
means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device performing logical,
arithmetic, or storage functions, such as a computer, a
cellular telephone, or any other device used for electronic
communication or for storing electronic, digital or analog
data, and which includes any data storage facility or
communications facility directly related to or operating in
conjunction with such device.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security. | Border Security Search Accountability Act of 2008 - Directs the Secretary of Homeland Security to: (1) issue a rule regarding the scope of, and procedural and recordkeeping requirements associated with, border security searches of electronic devices; and (2) provide related officer training.
Sets forth rule contents. | {"src": "billsum_train", "title": "To require the Secretary of Homeland Security to issue a rule with respect to border security searches of electronic devices, and for other purposes."} | 1,447 | 60 | 0.568654 | 1.442316 | 0.861731 | 2.719298 | 24.859649 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Fast-Track Refunds
for Working Families Act of 2005''.
SEC. 2. FINDINGS.
(1) An estimated 1.3 million households were affected by
Hurricane Katrina, many of which were working families left
with no material belongings and minimal assets following the
storm.
(2) It will be difficult for these working families to
immediately find new employment opportunities and to restore
lost wages, thus depleting their resources for food, housing,
clothing, and other necessities.
(3) These working families can be expected to spend their
fast-tracked tax refunds on immediate necessities which will
stimulate local economic activity.
(4) These families have worked hard, earned their Child Tax
Credit and Earned Income Tax Credit refunds and should receive
them now rather than later.
SEC. 3. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT AND CHILD TAX
CREDIT FOR 2005 FOR VICTIMS OF HURRICANE KATRINA.
(a) In General.--Subchapter B of chapter 61 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6430. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT AND CHILD TAX
CREDIT FOR 2005 FOR VICTIMS OF HURRICANE KATRINA.
``(a) In General.--Each eligible taxpayer shall be treated as
having made a payment against the tax imposed by chapter 1 for the
taxpayer's last taxable year ending in 2004 in an amount equal to--
``(1) the child tax credit refund amount (if any) for such
taxable year, and
``(2) the earned income credit refund amount (if any) for
such taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means any taxpayer--
``(A) who was allowed a credit under section 24
(relating to child tax credit) or section 32 (relating
to earned income credit) for the taxpayer's last
taxable year ending in 2004, and
``(B) whose address on such taxpayer's return for
such last taxable year was within an area determined by
the President to warrant individual or individual and
public assistance from the Federal Government under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of Hurricane Katrina.
``(2) Child tax credit refund amount.--The child tax credit
refund amount is the amount of the credit which would have been
allowed under section 24 for such last taxable year if only
qualifying children (as defined in section 24(c)) of the
taxpayer for such year who had not attained age 17 as of
December 31, 2005, were taken into account.
``(3) Earned income credit refund amount.--The earned
income credit refund amount is the amount of the credit which
would have been allowed under section 32 for such last taxable
year if--
``(A) the amount in section 32(b)(2)(B) were
$2,000, and
``(B) an individual is treated as meeting the age
requirements under section 32 only if such requirements
are met as of December 31, 2005.
``(c) Timing of Payments.--In the case of any overpayment
attributable to this section, the Secretary shall, subject to the
provisions of this title, refund or credit such overpayment as rapidly
as possible and shall ensure that adequate systems and delivery
mechanisms are in place for the prompt delivery of refunds to eligible
recepients.
``(d) Coordination With Credits.--
``(1) In general.--The amount of credit which would (but
for this subsection and section 26) be allowed under sections
24 and 32, as the case may be, for the taxpayer's first taxable
year beginning in 2005 shall be reduced (but not below zero) by
so much of the payment made to the taxpayer under this section
as is attributable to such section 24 or 32. Any failure to so
reduce the credit shall be treated as arising out of a
mathematical or clerical error and assessed according to
section 6213(b)(1).
``(2) Joint returns.--In the case of a payment under this
section with respect to a joint return, half of such payment
shall be treated as having been made to each individual filing
such return.
``(e) No Interest.--No interest shall be allowed on any overpayment
attributable to this section.''.
(b) Clerical Amendment.--The table of sections for such subchapter
B is amended by adding at the end the following new item:
``Sec. 6430. Advance payment of earned income tax credit and child tax
credit for 2005 for victims of Hurricane
Katrina.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Hurricane Katrina Fast-Track Refunds for Working Families Act of 2005 - Amends the Internal Revenue Code to allow an advance payment of the earned income tax credit and the child tax credit in 2005 for taxpayers in a Hurricane Katrina disaster area who received such credits for a taxable year ending in 2004. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for advance payment of the earned income tax credit and the child tax credit for 2005 in order to provide needed funds to victims of Hurricane Katrina and to stimulate local economies."} | 1,125 | 74 | 0.594341 | 1.434717 | 0.908334 | 3.053571 | 17.732143 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Fair Tax Treatment for
Fishermen Act of 2000''.
SEC. 2. INCOME AVERAGING FOR FISHERMEN WITHOUT INCREASING ALTERNATIVE
MINIMUM LIABILITY.
(a) In General.--Section 55(c) (defining regular tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following:
``(2) Coordination with income averaging for fishermen.--
Solely for purposes of this section, section 1301 (relating to
averaging of fishing income) shall not apply in computing the
regular tax.''.
(b) Allowing Income Averaging for Fishermen.--
(1) In general.--Section 1301(a) is amended by striking
``farming business'' and inserting ``farming business or
fishing business,''.
(2) Definition of elected farm income.--
(A) In general.--Clause (i) of section
1301(b)(1)(A) is amended by inserting ``or fishing
business'' before the semicolon.
(B) Conforming amendment.--Subparagraph (B) of
section 1301(b)(1) is amended by inserting ``or fishing
business'' after ``farming business'' both places it
occurs.
(3) Definition of fishing business.--Section 1301(b) is
amended by adding at the end the following new paragraph:
``(4) Fishing business.--The term `fishing business' means
the conduct of commercial fishing (as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802, Public Law 94-265 as amended).)''.
SEC. 3. FISHING RISK MANAGEMENT ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
(relating to taxable year for which deductions taken) is amended by
inserting after section 468B the following:
``SEC. 468C. FISHING RISK MANAGEMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible commercial fishing activity, there shall be allowed as a
deduction for any taxable year the amount paid in cash by the taxpayer
during the taxable year Fishing Risk Management Account (hereinafter
referred to as the `FisheRMen Account').
``(b) Limitation.--
``(1) Contributions.--The amount which a taxpayer may pay
into the FisheRMen Account for any taxable year shall not
exceed 20 percent of so much of the taxable income of the
taxpayer (determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any eligible commercial fishing activity.
``(2) Distributions.--Distributions from a FisheRMen
Account may not be used to purchase, lease, or finance any new
fishing vessel, add capacity to any fishery, or otherwise
contribute to the overcapitalization of any fishery. The
Secretary of Commerce shall implement regulations to enforce
this paragraph.
``(c) Eligible Businesses.--For purposes of this section--
``(1) Commercial fishing activity.--The term `commercial
fishing activity' has the meaning given the term `commercial
fishing' by section (3) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802, Public Law 94-
265 as amended) but only if such fishing is not a passive
activity (within the meaning of section 469(c)) of the
taxpayer.
``(d) Fishermen Account.--For purposes of this section--
``(1) In general.--The term `FisheRMen Account' means a
trust created or organized in the United States for the
exclusive benefit of the taxpayer, but only if the written
governing instrument creating the trust meets the following
requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
FisheRMen Account shall be treated for purposes of this title
as the owner of such Account and shall be subject to tax
thereon in accordance with subpart E of part I of subchapter J
of this chapter (relating to grantors and others treated as
substantial owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a FisheRMen
Account of the taxpayer during such taxable year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible commercial fishing
activities), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a FisheRMen Account to the
extent that such contribution exceeds the limitation
applicable under subsection (b) if requirements similar
to the requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FisheRMen
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a FisheRMen Account
(other than distributions of current income) shall be
treated as made from deposits in the order in which
such deposits were made, beginning with the earliest
deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible commercial fishing
activity, there shall be deemed distributed from the FisheRMen
Account of the taxpayer an amount equal to the balance in such
Account (if any) at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible commercial fishing activity.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodian
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FisheRMen Account on the last day of a taxable year if such
payment is made on account of such taxable year and is made on
or before the due date (without regard to extensions) for
filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a FisheRMen Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by such regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 (relating to tax on
excess contributions to certain tax-favored accounts and
annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
``(4) a FisheRMen Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 is amended by adding at the end the
following:
``(g) Excess Contributions to Fishermen Accounts.--For purposes of
this section, in the case of a FisheRMen Account (within the meaning of
section 468C(d)), the term `excess contributions' means the amount by
which the amount contributed for the taxable year to the Account
exceeds the amount which may be contributed to the Account under
section 468C(b) for such taxable year. For purposes of this subsection,
any contribution which is distributed out of the FisheRMen Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''.
(3) The section heading for section 4973 is amended to read
as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 is amended by
striking the item relating to section 4973 and inserting the
following:
``Sec. 4973 Excess contributions to certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 (relating to tax on
prohibited transactions) is amended by adding at the end the
following:
``(6) Special rule for fishermen accounts.--A person for
whose benefit a FisheRMen Account (within the meaning of
section 468C(d)) is established shall be exempt from the tax
imposed by this section with respect to any transaction
concerning such account (which would otherwise be taxable under
this section) if, with respect to such transaction, the account
ceases to be a FisheRMen Account by reason of the application
of section 468C(f)(3)(A) to such account.''.
(2) Paragraph (1) of section 4975(e) is amended by
redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively, and by inserting after subparagraph (D)
the following:
``(E) a FisheRMen Account described in section
468C(d),''.
(d) Failure To Provide Reports on Fishermen Accounts.--Paragraph
(2) of section 6693(a) (relating to failure to provide reports on
certain tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following:
``(C) section 468C(g) (relating to FisheRMen
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 is amended by inserting after the
item relating to section 468B the following:
``Sec. 468C. Fishing Risk Management Accounts.''.
SECTION 4. EFFECTIVE DATE.
The changes made by this Act shall apply to taxable years beginning
after December 31, 2000. | Allows a limited deduction to fishermen for amounts paid into a Fishing Risk Management Account. | {"src": "billsum_train", "title": "Fair Tax Treatment for Fishermen Act of 2000"} | 3,152 | 21 | 0.586464 | 1.28562 | -0.165042 | 1.75 | 170.75 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grid Cyber Security Act''.
SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE.
``(a) Definitions.--In this section:
``(1) Critical electric infrastructure.--The term `critical
electric infrastructure' means systems and assets, whether
physical or virtual, used for the generation, transmission, or
distribution of electric energy affecting interstate commerce
that, as determined by the Commission or the Secretary (as
appropriate), are so vital to the United States that the
incapacity or destruction of the systems and assets would have
a debilitating impact on national security, national economic
security, or national public health or safety.
``(2) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
critical infrastructure information relating to critical
electric infrastructure.
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given the
term in section 212 of the Critical Infrastructure Information
Act of 2002 (6 U.S.C. 131).
``(4) Cyber security threat.--The term `cyber security
threat' means the imminent danger of an act that disrupts,
attempts to disrupt, or poses a significant risk of disrupting
the operation of programmable electronic devices or
communications networks (including hardware, software, and
data) essential to the reliable operation of critical electric
infrastructure.
``(5) Cyber security vulnerability.--The term `cyber
security vulnerability' means a weakness or flaw in the design
or operation of any programmable electronic device or
communication network that exposes critical electric
infrastructure to a cyber security threat.
``(6) Electric reliability organization.--The term
`Electric Reliability Organization' has the meaning given the
term in section 215(a).
``(7) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority of Commission.--
``(1) Initial determination.--Not later than 120 days after
the date of enactment of this section, the Commission shall
determine whether reliability standards established pursuant to
section 215 are adequate to protect critical electric
infrastructure from cyber security vulnerabilities.
``(2) Initial order.--Unless the Commission determines that
the reliability standards established pursuant to section 215
are adequate to protect critical electric infrastructure from
cyber security vulnerabilities within 120 days after the date
of enactment of this section, the Commission shall order the
Electric Reliability Organization to submit to the Commission,
not later than 180 days after the date of issuance of the
order, a proposed reliability standard or a modification to a
reliability standard that will provide adequate protection of
critical electric infrastructure from cyber security
vulnerabilities.
``(3) Subsequent determinations and orders.--If at any time
following the issuance of the initial order under paragraph (2)
the Commission determines that the reliability standards
established pursuant to section 215 are inadequate to protect
critical electric infrastructure from a cyber security
vulnerability, the Commission shall order the Electric
Reliability Organization to submit to the Commission, not later
than 180 days after the date of the determination, a proposed
reliability standard or a modification to a reliability
standard that will provide adequate protection of critical
electric infrastructure from the cyber security vulnerability.
``(4) Reliability standards.--Any proposed reliability
standard or modification to a reliability standard submitted
pursuant to paragraph (2) or (3) shall be developed and
approved in accordance with section 215(d).
``(5) Additional time.--The Commission may, by order, grant
the Electric Reliability Organization reasonable additional
time to submit a proposed reliability standard or a
modification to a reliability standard under paragraph (2) or
(3).
``(c) Emergency Authority of Secretary.--
``(1) In general.--If the Secretary determines that
immediate action is necessary to protect critical electric
infrastructure from a cyber security threat, the Secretary may
require, by order, with or without notice, persons subject to
the jurisdiction of the Commission under this section to take
such actions as the Secretary determines will best avert or
mitigate the cyber security threat.
``(2) Coordination with canada and mexico.--In exercising
the authority granted under this subsection, the Secretary is
encouraged to consult and coordinate with the appropriate
officials in Canada and Mexico responsible for the protection
of cyber security of the interconnected North American
electricity grid.
``(3) Consultation.--Before exercising the authority
granted under this subsection, to the extent practicable,
taking into account the nature of the threat and urgency of
need for action, the Secretary shall consult with the entities
described in subsection (e)(1) and with officials at other
Federal agencies, as appropriate, regarding implementation of
actions that will effectively address the identified cyber
security threat.
``(4) Cost recovery.--The Commission shall establish a
mechanism that permits public utilities to recover prudently
incurred costs required to implement immediate actions ordered
by the Secretary under this subsection.
``(d) Duration of Expedited or Emergency Rules or Orders.--Any
order issued by the Secretary under subsection (c) shall remain
effective for not more than 90 days unless, during the 90 day-period,
the Secretary--
``(1) gives interested persons an opportunity to submit
written data, views, or arguments; and
``(2) affirms, amends, or repeals the rule or order.
``(e) Jurisdiction.--
``(1) In general.--Notwithstanding section 201, this
section shall apply to any entity that owns, controls, or
operates critical electric infrastructure.
``(2) Covered entities.--
``(A) In general.--An entity described in paragraph
(1) shall be subject to the jurisdiction of the
Commission for purposes of--
``(i) carrying out this section; and
``(ii) applying the enforcement authorities
of this Act with respect to this section.
``(B) Jurisdiction.--This subsection shall not make
an electric utility or any other entity subject to the
jurisdiction of the Commission for any other purpose.
``(3) Alaska and hawaii excluded.--Except as provided in
subsection (f), nothing in this section shall apply in the
State of Alaska or Hawaii.
``(f) Defense Facilities.--Not later than 1 year after the date of
enactment of this section, the Secretary of Defense shall prepare, in
consultation with the Secretary, the States of Alaska and Hawaii, the
Territory of Guam, and the electric utilities that serve national
defense facilities in those States and Territory, a comprehensive plan
that identifies the emergency measures or actions that will be taken to
protect the reliability of the electric power supply of the national
defense facilities located in those States and Territory in the event
of an imminent cybersecurity threat.
``(g) Protection of Critical Electric Infrastructure Information.--
``(1) In general.--Section 214 of the Critical
Infrastructure Information Act of 2002 (6 U.S.C. 133) shall
apply to critical electric infrastructure information submitted
to the Commission or the Secretary under this section, or
developed by a Federal power marketing administration or the
Tennessee Valley Authority under this section or section 215,
to the same extent as that section applies to critical
infrastructure information voluntarily submitted to the
Department of Homeland Security under that Act (6 U.S.C. 131 et
seq.).
``(2) Rules prohibiting disclosure.--Notwithstanding
section 552 of title 5, United States Code, the Secretary and
the Commission shall prescribe regulations prohibiting
disclosure of information obtained or developed in ensuring
cyber security under this section if the Secretary or
Commission, as appropriate, decides disclosing the information
would be detrimental to the security of critical electric
infrastructure.
``(3) Procedures for sharing information.--
``(A) In general.--The Secretary and the Commission
shall establish procedures on the release of critical
infrastructure information to entities subject to this
section, to the extent necessary to enable the entities
to implement rules or orders of the Commission or the
Secretary.
``(B) Requirements.--The procedures shall--
``(i) limit the redissemination of
information described in subparagraph (A) to
ensure that the information is not used for an
unauthorized purpose;
``(ii) ensure the security and
confidentiality of the information;
``(iii) protect the constitutional and
statutory rights of any individuals who are
subjects of the information; and
``(iv) provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information.
``(h) Access to Classified Information.--
``(1) Authorization required.--No person shall be provided
with access to classified information (as defined in section
6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to
classified national security information)) relating to cyber
security threats or cyber security vulnerabilities under this
section without the appropriate security clearances.
``(2) Security clearances.--The appropriate Federal
agencies or departments shall cooperate with the Secretary or
the Commission, to the maximum extent practicable consistent
with applicable procedures and requirements, in expeditiously
providing appropriate security clearances to individuals that
have a need-to-know (as defined in section 6.1 of that
Executive Order) classified information to carry out this
section.''.
SEC. 3. LIMITED ADDITION OF ERO AUTHORITY FOR CRITICAL ELECTRIC
INFRASTRUCTURE.
Section 215(a)(1) of the Federal Power Act (16 U.S.C. 824o(a)(1))
is amended--
(1) in the first sentence--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by striking ``(1) The term'' and inserting the
following:
``(1) Bulk-power system.--
``(A) In general.--The term'';
(C) in clause (i) (as so redesignated), by striking
``and'' after the semicolon at the end;
(D) in clause (ii) (as so redesignated), by
striking the period at the end and inserting ``; and'';
(E) by adding at the end the following:
``(iii) for purposes of section 224,
facilities used for the local distribution of
electric energy that the Commission determines
to be critical electric infrastructure pursuant
to section 224.''; and
(2) in the second sentence, by striking ``The term'' and
inserting the following:
``(B) Exclusion.--Except as provided in
subparagraph (A), the term''.
SEC. 4. LIMITATION.
Section 215(i) of the Federal Power Act (16 U.S.C. 824o(i)) is
amended by adding at the end the following:
``(6) Limitation.--The ERO shall have authority to develop
and enforce compliance with reliability standards and temporary
emergency orders with respect to a facility used in the local
distribution of electric energy only to the extent the
Commission determines the facility is so vital to the United
States that the incapacity or destruction of the facility would
have a debilitating impact on national security, national
economic security, or national public health or safety.''.
SEC. 5. TEMPORARY EMERGENCY ORDERS FOR CYBER SECURITY VULNERABILITIES.
Section 215(d) of the Federal Power Act (16 U.S.C. 824o(d)) is
amended by adding at the end the following:
``(7) Temporary emergency orders for cyber security
vulnerabilities.--Notwithstanding paragraphs (1) through (6),
if the Commission determines that immediate action is necessary
to protect critical electric infrastructure for a cyber
security vulnerability, the Commission may, without prior
notice or hearing, after consulting the ERO, require the ERO--
``(A) to develop and issue a temporary emergency
order to address the cyber security vulnerability;
``(B) to make the temporary emergency order
immediately effective; and
``(C) to keep the temporary emergency order in
effect until--
``(i) the ERO develops, and the Commission
approves, a final reliability standard under
this section; or
``(ii) the Commission authorizes the ERO to
withdraw the temporary emergency order.''.
SEC. 6. EMP STUDY.
(a) DOE Report.--Not later than 3 years after the date of enactment
of this Act, the Secretary of Energy, in consultation with appropriate
experts at the National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)), shall prepare and publish
a report that assesses the susceptibility of critical electric
infrastructure to electromagnetic pulse events and geomagnetic
disturbances.
(b) Contents.--The report under subsection (a) shall--
(1) examine the risk of electromagnetic pulse events and
geomagnetic disturbances, using both computer-based simulations
and experimental testing;
(2) assess the full spectrum of possible events and
disturbances and the likelihood that the events and
disturbances would cause significant disruption to the
transmission and distribution of electric power; and
(3) seek to quantify and reduce uncertainties associated
with estimates for electromagnetic pulse events and geomagnetic
disturbances.
(c) FERC Assessment.--Not later than 1 year after publication of
the report under subsection (a), the Federal Energy Regulatory
Commission, in coordination with the Secretary of Energy and in
consultation with electric utilities and the ERO (as defined in section
215(a) of the Federal Power Act (16 U.S.C. 824o(a)), shall submit to
Congress an assessment of whether and to what extent infrastructure
affecting the transmission of electric power in interstate commerce
should be hardened against electromagnetic events and geomagnetic
disturbances, including an estimate of the costs and benefits of
options to harden the infrastructure.
SEC. 7. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Grid Cyber Security Act - (Sec. 2) Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to: (1) determine whether certain reliability standards are adequate to protect critical electric infrastructure from cyber security vulnerabilities, and (2) order the Electric Reliability Organization (ERO) to submit a proposed reliability standard or a modification to a reliability standard that will provide adequate protection of critical electric infrastructure from cyber security vulnerabilities if FERC determines that such reliability standards are inadequate to do so.
Authorizes the Secretary of Energy to: (1) require persons subject to FERC jurisdiction to take immediate action that will best avert or mitigate the cyber security threat if necessary to protect critical electric infrastructure, and (2) coordinate with Canadian and Mexican officials responsible for the protection of cyber security of the interconnected North American electricity grid. Limits the duration of expedited or emergency rules or orders to 90 days, unless the Secretary: (1) gives interested persons an opportunity to submit written data, views, or arguments; and (2) affirms, amends, or repeals the rule or order.
Directs FERC to establish a mechanism for public utilities to recover costs prudently incurred to implement such immediate actions.
Applies this Act to any entity that owns, controls, or operates critical electric infrastructure, except Alaska and Hawaii.
Directs the Secretary of Defense (DOD) to prepare a comprehensive plan that identifies the emergency measures or actions to protect the reliability of the electric power supply of the national defense facilities located in Alaska, Hawaii, and Guam.
Applies specified disclosure restrictions to critical electric infrastructure information submitted to FERC or DOE, or developed by a federal power marketing administration or the Tennessee Valley Authority, under this Act to the same extent as they apply to critical infrastructure information voluntarily submitted to the Department of Homeland Security (DHS).
Requires FERC and DOE to establish information sharing procedures on the release of critical infrastructure information to entities subject to this Act.
Prohibits access to classified information relating to cyber security threats or vulnerabilities without the appropriate security clearances.
(Sec. 3) Includes in the bulk-power system any facilities used for the local distribution of electric energy that FERC determines to be critical electric infrastructure.
(Sec. 4) Grants the ERO limited enforcement authority over a facility used in the local distribution of electric energy if FERC determines that its incapacity or destruction would have a debilitating impact upon national security, national economic security, or national public health or safety.
(Sec. 5) Authorizes FERC, if immediate action is necessary to protect critical electric infrastructure for a cyber security vulnerability, to require the ERO to develop, issue, and make effective immediately temporary emergency orders addressing the vulnerabilities.
(Sec. 6) Directs the Secretary of Energy to assess: (1) the susceptibility of critical electric infrastructure to electromagnetic pulse events and geomagnetic disturbances, and (2) whether and to what extent infrastructure affecting the transmission of electric power in interstate commerce should be hardened against such events and disturbances. | {"src": "billsum_train", "title": "An original bill to amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and other threats and vulnerabilities."} | 3,199 | 665 | 0.648132 | 2.235202 | 0.658314 | 4.287905 | 4.974446 | 0.959114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Human Trafficking in
Commercial Vehicles Act''.
SEC. 2. HUMAN TRAFFICKING PREVENTION COORDINATOR.
The Secretary of Transportation shall designate an official within
the Department of Transportation who shall--
(1) coordinate human trafficking prevention efforts across
modal administrations in the Department of Transportation and with
other departments and agencies of the Federal Government; and
(2) in coordinating such efforts, take into account the unique
challenges of combating human trafficking within different
transportation modes.
SEC. 3. EXPANSION OF OUTREACH AND EDUCATION PROGRAM.
Section 31110(c)(1) of title 49, United States Code, is amended by
adding at the end the following: ``The program authorized under this
subsection may support, in addition to funds otherwise available for
such purposes, the recognition, prevention, and reporting of human
trafficking, while deferring to existing resources, as practicable.''.
SEC. 4. EXPANSION OF COMMERCIAL DRIVER'S LICENSE FINANCIAL ASSISTANCE
PROGRAM.
Section 31313(a)(3) of title 49, United States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (F); and
(3) by inserting after subparagraph (D) the following:
``(E) support, in addition to funds otherwise available for
such purposes, the recognition, prevention, and reporting of
human trafficking; or''.
SEC. 5. ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION ADVISORY
COMMITTEE ON HUMAN TRAFFICKING.
(a) Establishment.--The Secretary shall establish an advisory
committee on human trafficking.
(b) Membership.--
(1) Composition.--The Committee shall be composed of not more
than 15 external stakeholder members whose diverse experience and
background enable them to provide balanced points of view with
regard to carrying out the duties of the Committee.
(2) Selection.--The Secretary shall appoint the external
stakeholder members to the Committee, including representatives
from--
(A) trafficking advocacy organizations;
(B) law enforcement; and
(C) trucking, bus, rail, aviation, maritime, and port
sectors, including industry and labor.
(3) Periods of appointment.--Members shall be appointed for the
life of the Committee.
(4) Vacancies.--A vacancy in the Committee shall be filled in
the manner in which the original appointment was made and shall not
affect the powers or duties of the Committee.
(5) Compensation.--Committee members shall serve without
compensation.
(c) Authority.--Not later than 9 months after the date of enactment
of this Act, the Secretary shall establish and appoint all members of
the Committee.
(d) Duties.--
(1) Recommendations for the department of transportation.--Not
later than 18 months after the date of enactment of this Act, the
Committee shall make recommendations to the Secretary on actions
the Department can take to help combat human trafficking, including
the development and implementation of--
(A) successful strategies for identifying and reporting
instances of human trafficking; and
(B) recommendations for administrative or legislative
changes necessary to use programs, properties, or other
resources owned, operated, or funded by the Department to
combat human trafficking.
(2) Best practices and recommendations.--
(A) In general.--The Committee shall develop recommended
best practices for States and State and local transportation
stakeholders to follow in combating human trafficking.
(B) Development.--The best practices shall be based on
multidisciplinary research and promising, evidence-based models
and programs.
(C) Content.--The best practices shall be user-friendly,
incorporate the most up-to-date technology, and include the
following:
(i) Sample training materials.
(ii) Strategies to identify victims.
(iii) Sample protocols and recommendations, including--
(I) strategies to collect, document, and share data
across systems and agencies;
(II) strategies to help agencies better understand
the types of trafficking involved, the scope of the
problem, and the degree of victim interaction with
multiple systems; and
(III) strategies to identify effective pathways for
State agencies to utilize their position in educating
critical stakeholder groups and assisting victims.
(D) Informing states of best practices.--The Secretary
shall ensure that State Governors and State departments of
transportation are notified of the best practices and
recommendations.
(e) Reports.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall--
(1) submit a report on the actions of the Committee described
in subsection (d) to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) make the report under paragraph (1) publicly available both
physically and online.
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Department of
Transportation Advisory Committee on Human Trafficking established
under subsection (a).
(2) Human trafficking.--The term ``human trafficking'' means an
act or practice described in paragraph (9) or paragraph (10) of
section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Combating Human Trafficking in Commercial Vehicles Act (Sec. 2) This bill directs the Department of Transportation (DOT) to designate an official to: (1) coordinate human trafficking prevention efforts across DOT modal administrations and with other federal agencies, and (2) take into account the unique challenges of combating human trafficking within different transportation modes. (Sec. 3) The bill expands the Federal Motor Carrier Safety Administration's outreach and education program and DOT's commercial driver's license financial assistance program to include activities for the recognition, prevention, and reporting of human trafficking. (Sec. 5) DOT shall establish an advisory committee on human trafficking. The committee shall: (1) make recommendations on actions DOT can take to help combat human trafficking, and (2) develop recommended best practices for states and state and local transportation stakeholders in combating human trafficking. | {"src": "billsum_train", "title": "Combating Human Trafficking in Commercial Vehicles Act"} | 1,254 | 187 | 0.659977 | 1.806219 | 0.872952 | 4.042424 | 6.769697 | 0.915152 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Space Resource Exploration and
Utilization Act of 2015''.
SEC. 2. TITLE 51 AMENDMENT.
(a) In General.--Subtitle V of title 51, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION
``Sec.
``51301. Definitions.
``51302. Commercialization of space resource exploration and
utilization.
``51303. Legal framework.
``Sec. 51301. Definitions
``In this chapter:
``(1) Space resource.--The term `space resource' means a
natural resource of any kind found in situ in outer space.
``(2) Asteroid resource.--The term `asteroid resource'
means a space resource found on or within a single asteroid.
``(3) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
``(4) United states commercial space resource utilization
entity.--The term `United States commercial space resource
utilization entity' means an entity providing space resource
exploration or utilization services, the control of which is
held by persons other than a Federal, State, local, or foreign
government, and that is--
``(A) duly organized under the laws of a State;
``(B) subject to the subject matter and personal
jurisdiction of the courts of the United States; or
``(C) a foreign entity that has voluntarily
submitted to the subject matter and personal
jurisdiction of the courts of the United States.
``Sec. 51302. Commercialization of space resource exploration and
utilization
``(a) In General.--The President, acting through appropriate
Federal agencies, shall--
``(1) facilitate the commercial exploration and utilization
of space resources to meet national needs;
``(2) discourage government barriers to the development of
economically viable, safe, and stable industries for the
exploration and utilization of space resources in manners
consistent with the existing international obligations of the
United States; and
``(3) promote the right of United States commercial
entities to explore outer space and utilize space resources, in
accordance with the existing international obligations of the
United States, free from harmful interference, and to transfer
or sell such resources.
``(b) Report Required.--Not later than 180 days after the date of
the enactment of this section, the President shall submit to Congress a
report that contains recommendations for--
``(1) the allocation of responsibilities relating to the
exploration and utilization of space resources among Federal
agencies; and
``(2) any authorities necessary to meet the international
obligations of the United States with respect to the
exploration and utilization of space resources.
``Sec. 51303. Legal framework
``(a) Property Rights.--Any asteroid resources obtained in outer
space are the property of the entity that obtained such resources,
which shall be entitled to all property rights thereto, consistent with
applicable provisions of Federal law and existing international
obligations.
``(b) Safety of Operations.--A United States commercial space
resource utilization entity shall avoid causing harmful interference in
outer space.
``(c) Civil Action for Relief From Harmful Interference.--A United
States commercial space resource utilization entity may bring a civil
action for appropriate legal or equitable relief, or both, under this
chapter for any action by another entity subject to United States
jurisdiction causing harmful interference to its operations with
respect to an asteroid resource utilization activity in outer space.
``(d) Rule of Decision.--In a civil action brought pursuant to
subsection (c) with respect to an asteroid resource utilization
activity in outer space, a court shall enter judgment in favor of the
plaintiff if the court finds--
``(1) the plaintiff--
``(A) acted in accordance with all existing
international obligations of the United States; and
``(B) was first in time to conduct the activity;
and
``(2) the activity is reasonable for the exploration and
utilization of asteroid resources.
``(e) Exclusive Jurisdiction.--The district courts of the United
States shall have original jurisdiction over an action under this
chapter without regard to the amount in controversy.''.
(b) Clerical Amendment.--The table of chapters for title 51, United
States Code, is amended by adding at the end of the items for subtitle
V the following:
``513. Space resource exploration and utilization........... 51301''. | Space Resource Exploration and Utilization Act of 2015 (Sec. 2) Directs the President, acting through appropriate federal agencies, to: facilitate the commercial exploration and utilization of space resources to meet national needs; discourage government barriers to the development of economically viable, safe, and stable industries for the exploration and utilization of space resources in manners consistent with the existing international obligations of the United States; and promote the right of U.S. commercial entities to explore outer space and utilize space resources, in accordance with such obligations, free from harmful interference, and to transfer or sell such resources. Defines "space resource" as a natural resource of any kind found in place in outer space. Directs the President to make recommendations to Congress for: (1) the allocation of responsibilities relating to the exploration and utilization of space resources among federal agencies, and (2) any authorities necessary to meet U.S. international obligations with respect to such exploration and resource utilization. Declares that any asteroid resources obtained in outer space are the property of the entity that obtained them, which shall be entitled to all property rights to them, consistent with applicable federal law and existing international obligations. States that a U.S. commercial space resource utilization entity: shall avoid causing harmful interference in outer space, and may bring a civil action in a U.S. district court for any action by another entity subject to U.S. jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space. | {"src": "billsum_train", "title": "Space Resource Exploration and Utilization Act of 2015"} | 1,039 | 319 | 0.699852 | 2.063282 | 1.014887 | 5.614583 | 3.402778 | 0.927083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid and SCHIP Beneficiary
Choice Improvement Act of 2009''.
SEC. 2. EASING ADMINISTRATIVE BARRIERS TO STATE COOPERATION WITH
EMPLOYER-SPONSORED INSURANCE COVERAGE.
(a) Requiring Some Coverage for Employer-Sponsored Insurance.--
(1) In general.--Section 2102(a) of the Social Security Act
(42 U.S.C. 1397b(a)) is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) effective for plan years beginning on or after
October 1, 2010, how the plan will provide for child health
assistance with respect to targeted low-income children who
have access to coverage under a group health plan.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning on October 1, 2010.
(b) Federal Financial Participation for Employer-Sponsored
Insurance.--Section 2105 of such Act (42 U.S.C. 1397d) is amended--
(1) in subsection (a)(1)(C), by inserting before the
semicolon at the end the following: ``and, subject to paragraph
(3)(C) of subsection (c), in the form of payment of the
premiums for coverage under a group health plan that includes
coverage of targeted low-income children and benefits
supplemental to such coverage''; and
(2) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Purchase of employer-sponsored insurance.--
``(A) In general.--Payment may be made to a State
under subsection (a)(1)(C), subject to the provisions
of this paragraph, for the purchase of family coverage
under a group health plan that includes coverage of
targeted low-income children unless such coverage would
otherwise substitute for coverage that would be
provided to such children but for the purchase of
family coverage.
``(B) Waiver of certain provisions.--With respect
to coverage described in subparagraph (A)--
``(i) notwithstanding section 2102, no
minimum benefits requirement (other than those
otherwise applicable with respect to services
within the categories of basic services
described in section 2103(c)(1) and emergency
services) under this title shall apply; and
``(ii) no limitation on beneficiary cost-
sharing otherwise applicable under this title
or title XIX shall apply.
``(C) Required provision of supplemental
benefits.--If the coverage described in subparagraph
(A) does not provide coverage for the services in each
of the categories of basic services described in
section 2103(c)(1) and for emergency services, the
State child health plan shall provide coverage of such
services as supplemental benefits.
``(D) Limitation on ffp.--The amount of the payment
under subsection (a)(1)(C) for coverage described in
subparagraph (A) (and supplemental benefits under
subparagraph (C) for individuals so covered) during a
fiscal year may not exceed the product of--
``(i) the national per capita expenditure
under this title (taking into account both
Federal and State expenditures) for the
previous fiscal year (as determined by the
Secretary using the best available data);
``(ii) the enhanced FMAP for the State and
fiscal year involved; and
``(iii) the number of targeted low-income
children for whom such coverage is provided.
``(E) Voluntary enrollment.--A State child health
plan--
``(i) may not require a targeted low-income
child to enroll in family coverage described in
subparagraph (A) in order to obtain child
health assistance under this title;
``(ii) before providing such child health
assistance for such coverage of a child, shall
make available (which may be through an
Internet website or other means) to the parent
or guardian of the child information on the
coverage available under this title, including
benefits and cost-sharing; and
``(iii) shall provide at least one
opportunity per fiscal year for beneficiaries
to switch coverage under this title from
coverage described in subparagraph (A) to the
coverage that is otherwise made available under
this title.
``(F) Information on coverage options.--A State
child health plan shall--
``(i) describe how the State will notify
potential beneficiaries of coverage described
in subparagraph (A);
``(ii) provide such notification in writing
at least during the initial application for
enrollment under this title and during
redeterminations of eligibility if the
individual was enrolled before October 1, 2010;
and
``(iii) post a description of these
coverage options on any official Internet
website that may be established by the State in
connection with the plan.
``(G) Semiannual verification of coverage.--If
coverage described in subparagraph (A) is provided
under a group health plan with respect to a targeted
low-income child, the State child health plan shall
provide for the collection, at least once every six
months, of proof from the plan that the child is
enrolled in such coverage.
``(H) Rule of construction.--Nothing in this
section is to be construed to prohibit a State from--
``(i) offering wrap around benefits in
order for a group health plan to meet any
State-established minimum benefit requirements;
``(ii) establishing a cost-effectiveness
test to qualify for coverage under such a plan;
``(iii) establishing limits on beneficiary
cost-sharing under such a plan;
``(iv) paying all or part of a
beneficiary's cost-sharing requirements under
such a plan;
``(v) paying less than the full cost of the
employee's share of the premium under such a
plan, including prorating the cost of the
premium to pay for only what the State
determines is the portion of the premium that
covers targeted low-income children;
``(vi) using State funds to pay for
benefits above the Federal upper limit
established under subparagraph (D);
``(vii) allowing beneficiaries enrolled in
group health plans from changing plans to
another coverage option available under this
title at any time; or
``(viii) providing any guidance or
information it deems appropriate in order to
help beneficiaries make an informed decision
regarding the option to enroll in coverage
described in subparagraph (A).
``(I) Group health plan defined.--In this
paragraph, the term `group health plan' has the meaning
given such term in section 2791(a)(1) of the Public
Health Service Act (42 U.S.C. 300gg-91(a)(1)).''.
SEC. 3. IMPROVING BENEFICIARY CHOICE IN SCHIP.
(a) Requiring Offering of Alternative Coverage Options.--Section
2102 of the Social Security Act (42 U.S.C. 1397b), as amended by
section 1, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) effective for plan years beginning on or after
October 1, 2010, how the plan will provide for child health
assistance with respect to targeted low-income children through
alternative coverage options in accordance with subsection
(d).''; and
(2) by adding at the end the following new subsection:
``(d) Alternative Coverage Options.--
``(1) In general.--Effective October 1, 2010, a State child
health plan shall provide for the offering of any qualified
alternative coverage that a qualified entity seeks to offer to
targeted low-income children through the plan in the State.
``(2) Application of uniform financial limitation for all
alternative coverage options.--With respect to all qualified
alternative coverage offered in a State, the State child health
plan shall establish a uniform dollar limitation on the per
capita monthly amount that will be paid by the State to the
qualified entity with respect to such coverage provided to a
targeted low-income child. Such limitation may not be less than
90 percent of the per capita monthly payment made for coverage
offered under the State child health plan that is not in the
form of an alternative coverage option. Nothing in this
paragraph shall be construed--
``(A) as requiring a State to provide for the full
payment of premiums for qualified alternative coverage;
``(B) as preventing a State from charging
additional premiums to cover the difference between the
cost of qualified alternative coverage and the amount
of such payment limitation;
``(C) as preventing a State from using its own
funds to provide a dollar limitation that exceeds the
Federal financial participation as limited under
section 2105(c)(8).
``(3) Qualified alternative coverage defined.--In this
section, the term `qualified alternative coverage' means health
insurance coverage that--
``(A) meets the coverage requirements of section
2103; and
``(B) is offered by a qualified insurer, and not
directly by the State.
``(4) Qualified insurer defined.--In this section, the term
`qualified insurer' means, with respect to a State, an entity
that is licensed to offer health insurance coverage in the
State.''.
(b) Federal Financial Participation for Qualified Alternative
Coverage.--Section 2105 of such Act (42 U.S.C. 1397d), as amended by
sections 301(a) and 601(a) of the Children's Health Insurance Program
Reauthorization Act of 2009 (Public Law 111-5), is amended--
(1) in subsection (a)(1)(C), by inserting before the
semicolon at the end the following: ``and, subject to
subsection (c)(12)(C), in the form of payment of the premiums
for coverage for qualified alternative coverage''; and
(2) by adding at the end of subsection (c) the following
new paragraph:
``(12) Purchase of qualified alternative coverage.--
``(A) In general.--Payment may be made to a State
under subsection (a)(1)(C), subject to the provisions
of this paragraph, for the purchase of qualified
alternative coverage.
``(B) Waiver of certain provisions.--With respect
to coverage described in subparagraph (A), no
limitation on beneficiary cost-sharing otherwise
applicable under this title or title XIX shall apply.
``(C) Limitation on ffp.--The amount of the payment
under paragraph (1)(C) for coverage described in
subparagraph (A) during a fiscal year in the aggregate
for all such coverage in the State may not exceed the
product of--
``(i) the national per capita expenditure
under this title (taking into account both
Federal and State expenditures) for the
previous fiscal year (as determined by the
Secretary using the best available data);
``(ii) the enhanced FMAP for the State and
fiscal year involved; and
``(iii) the number of targeted low-income
children for whom such coverage is provided.
``(D) Voluntary enrollment.--A State child health
plan--
``(i) may not require a targeted low-income
child to enroll in coverage described in
subparagraph (A) in order to obtain child
health assistance under this title;
``(ii) before providing such child health
assistance for such coverage of a child, shall
make available (which may be through an
Internet website or other means) to the parent
or guardian of the child information on the
coverage available under this title, including
benefits and cost-sharing; and
``(iii) shall provide at least one
opportunity per fiscal year for beneficiaries
to switch coverage under this title from
coverage described in subparagraph (A) to the
coverage that is otherwise made available under
this title.
``(E) Information on coverage options.--A State
child health plan shall--
``(i) describe how the State will notify
potential beneficiaries of coverage described
in subparagraph (A);
``(ii) provide such notification in writing
at least during the initial application for
enrollment under this title and during
redeterminations of eligibility if the
individual was enrolled before October 1, 2010;
and
``(iii) post a description of these
coverage options on any official website that
may be established by the State in connection
with the plan.
``(F) Rule of construction.--Nothing in this
section is to be construed to prohibit a State from--
``(i) establishing limits on beneficiary
cost-sharing under such alternative coverage;
``(ii) paying all or part of a
beneficiary's cost-sharing requirements under
such coverage;
``(iii) paying less than the full cost of a
child's share of the premium under such
coverage, insofar as the premium for such
coverage exceeds the limitation established by
the State under subparagraph (C);
``(iv) using State funds to pay for
benefits above the Federal upper limit
established under subparagraph (C); or
``(v) providing any guidance or information
it deems appropriate in order to help
beneficiaries make an informed decision
regarding the option to enroll in coverage
described in subparagraph (A).''.
SEC. 4. APPLICATION TO MEDICAID.
In accordance with rules established by the Secretary of Health and
Human Services, the requirements imposed under a State child health
plan under title XXI of the Social Security Act under the amendments
made by the preceding sections of this subtitle shall apply in the same
manner to a State plan under title XIX of such Act, except that--
(1) such requirements shall not apply to individuals whose
eligibility for medical assistance under such title is based on
being aged, blind, or disabled or to individuals with a
category of individuals described in section 1937(a)(2)(B) of
such Act;
(2) the national per capita expenditures shall be
determined based on a benchmark coverage described in section
1937(b)(1) of such Act but without regard to expenditures for
individuals described in paragraph (1) or for nursing facility
services and other long-term care services (as determined by
the Secretary).
SEC. 5. EXPANSION OF HEALTH OPPORTUNITY ACCOUNT PROGRAM.
(a) In General.--Section 613 of the Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3) is repealed.
(b) Expansion.--Section 1938(a)(2) of the Social Security Act (42
U.S.C. 1396u-8(a)(2)) is amended--
(1) in subparagraph (A) by striking everything following
the first sentence; and
(2) by striking subparagraph (B). | Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP, also known as CHIP) of the Social Security Act to require an SCHIP plan to describe how it will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan.
Requires the Secretary of Health and Human Services (HHS) to pay to each state with an approved SCHIP plan a certain amount for the payment of premiums for coverage under an employer-sponsored group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage.
Revises requirements regarding the purchase of employer-sponsored insurance. Prohibits any minimum benefits requirement or any limitation on beneficiary cost-sharing.
Declares that, if the basic coverage of such insurance does not extend to each of certain categories of basic services, the plan shall cover such services as supplemental benefits.
Prohibits a plan from requiring a targeted low-income child to enroll in family coverage in order to obtain child health assistance. Requires an annual voluntary enrollment period for switching from one plan to another.
Requires the offering of alternative coverage options under SCHIP. Prescribes requirements for federal financial participation for qualified alternative coverage.
Declares that the requirements imposed under a state child health plan under this Act shall apply in the same manner to a state plan under title XIX (Medicaid), except that: (1) such requirements shall not apply to individuals whose Medicaid eligibility is based on being aged, blind, or disabled or to individuals in certain categories; and (2) the national per capita expenditures shall be determined based on a specified benchmark coverage but without regard to expenditures for such excluded individuals or for nursing facility services and other long-term care (LTC) services.
Amends the Children's Health Insurance Program Reauthorization Act of 2009 to repeal the prohibition against the Secretary's approval of any new health opportunity account demonstration programs.
Converts the Health Opportunity Account demonstration program into a permanent program. | {"src": "billsum_train", "title": "To amend titles XIX and XXI of the Social Security Act to make certain changes to the State Children's Health Insurance Program and the Medicaid Program."} | 3,331 | 458 | 0.581232 | 1.605805 | 0.743259 | 4.070886 | 7.8 | 0.921519 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children First Act of 2011''.
SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE.
Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7))
is amended by adding at the end the following:
``(H) Limitation on meaning of `assistance' for
families receiving child care.--For purposes of
subparagraph (A), any funds provided under this part
that are used to provide child care for a family during
a month under the State program funded under this part
shall not be considered assistance under the
program.''.
SEC. 3. INCREASE IN FUNDING FOR CHILD CARE.
Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3))
is amended--
(1) by striking the period at the end of subparagraph (G)
and inserting a semicolon; and
(2) by adding at the end the following:
``(H) $3,417,000,000 for fiscal year 2012;
``(I) $3,617,000,000 for fiscal year 2013; and
``(J) $3,667,000,000 for each of fiscal years 2014
through 2021.
For amounts appropriated for grants under this section for
fiscal year 2011, see section 811(a) of Public Law 111-291.''.
SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO
OTHER TANF CHILD CARE SPENDING.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is
amended by adding at the end the following:
``(8) Certification of procedures to ensure that child care
providers comply with applicable state or local health and
safety standards.--A certification by the chief executive
officer of the State that procedures are in effect to ensure
that any child care provider in the State that provides
services funded through expenditures under this part or with
qualified State expenditures complies with all applicable State
or local health and safety requirements as described in section
658E(c)(2)(F) of the Child Care and Development Block Grant Act
of 1990.''.
SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.
Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2))
is amended--
(1) by inserting ``or other individual with custody'' after
``parent''; and
(2) by striking ``6'' and inserting ``13''.
SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD
CARE.
(a) In General.--Section 411(a) of the Social Security Act (42
U.S.C. 611(a)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6), the following:
``(7) Application of child care and development block grant
act of 1990 reporting rules to funds expended for child care.--
Any funds provided under this part that are expended for child
care, whether or not transferred to the Child Care and
Development Block Grant Act of 1990, shall be subject to the
individual and case data reporting requirements imposed under
that Act and need not be included in the report required by
paragraph (1) for a fiscal quarter.''.
(b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42
U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental
nutrition assistance program benefits, or subsidized child care, and if
the latter 2,'' and inserting ``or supplemental nutrition assistance
program benefits, and if the latter,''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), the amendments
made by this Act shall take effect on October 1, 2011, and shall apply
to payments under part A of title IV of the Social Security Act for
calendar quarters beginning on or after such date, without regard to
whether regulations to implement the amendments are promulgated by such
date.
(b) Application of Reporting Rules.--The amendments made by section
6 shall take effect on October 1, 2012.
(c) Delay Permitted if State Legislation Required.--In the case of
a State plan under section 402(a) of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order for
the plan to meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as failing to
comply with the requirements of such section 402(a) solely on the basis
of the failure of the plan to meet such additional requirements before
the 1st day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that begins after the
date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature. | Children First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on assistance under TANF, and (2) increase funding for child care.
Requires the plans submitted to the Secretary of Health and Human Services (HHS) by eligible states to contain provisions for certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.
Increases from 6 to 13 the maximum age allowed of a child under the care of a single custodial parent or other individual with custody who will not be subject to a reduction or termination of TANF assistance as a result of a refusal of the individual to engage in work.
Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements. | {"src": "billsum_train", "title": "To amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance for needy families program, and for other purposes."} | 1,244 | 228 | 0.572879 | 1.635741 | 0.870839 | 3.257426 | 5.089109 | 0.841584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Affordability
Act''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE
ATTAINED SOCIAL SECURITY RETIREMENT AGE.
``(a) In General.--In the case of an individual who has attained
social security retirement age, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 80 percent of the amount paid by the taxpayer during the
taxable year (and not compensated for by insurance or otherwise) for
any prescribed drug (as defined in section 213(d)(3)) for use by such
individual.
``(b) Social Security Retirement Age.--For purposes of this
section, the term `social security retirement age' means retirement age
(as defined in section 216(l)(1) of the Social Security Act).
``(c) Denial of Double Benefit.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this subsection) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with medical and health savings
accounts.--No credit shall be allowed under this section for
amounts paid from any Archer MSA (as defined in section 220(d))
or any health savings account (as defined in section 223(d)).
``(d) Election Not To Have Credit Apply.--This section shall not
apply to a taxpayer for a taxable year if the taxpayer elects not to
have this section apply for such year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Prescription drugs purchased by individuals who have
attained social security retirement age.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning more than 1 year after the date of the
enactment of this Act.
TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT
SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND
DRUG ADMINISTRATION.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended--
(1) by striking section 804; and
(2) in section 801(d)--
(A) by striking paragraph (2); and
(B) by striking ``(d)(1)'' and all that follows
through the end of paragraph (1) and inserting the
following:
``(d)(1)(A) A person who meets applicable legal requirements to be
an importer of drugs described in subparagraph (B) may import such a
drug (without regard to whether the person is a manufacturer of the
drug) if the person submits to the Secretary an application to import
the drug and the Secretary approves the application.
``(B) For purposes of subparagraph (A), the drugs described in this
subparagraph are drugs that are subject to section 503(b)(1) or that
are composed wholly or partly of insulin.
``(C) The Secretary shall approve an application under subparagraph
(A) if the application demonstrates that the drug to be imported meets
all requirements under this Act for the admission of the drug into the
United States, including demonstrating that--
``(i) an application for the drug has been approved under
section 505, or as applicable, under section 351 of the Public
Health Service Act; and
``(ii) the drug is not adulterated or misbranded.
``(D) Not later than 60 days after the date on which an application
under subparagraph (A) is submitted to the Secretary, the Secretary
shall--
``(i) approve the application; or
``(ii) refuse to approve the application and provide to the
person who submitted the application the reason for such
refusal.
``(E) This paragraph may not be construed as affecting any right
secured by patent.''.
(b) Conforming Amendments.--Section 801(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(2) in subclause (III) of paragraph (2)(A)(i) (as
redesignated by this subsection), by striking ``paragraph (4)''
and inserting ``paragraph (3)''; and
(3) in paragraph (3) (as redesignated by this subsection),
by striking ``paragraph (3)'' each place such term appears and
inserting ``paragraph (2)''.
SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS.
Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)) is amended by adding at the end the following paragraph:
``(6)(A) With respect to the interstate sale of a prescription drug
through an Internet site, the Secretary may not with respect to such
sale take any action under this Act against any of the persons involved
if--
``(i) the sale was made in compliance with this Act and
with State laws that are applicable to the sale of the drug;
and
``(ii) accurate information regarding compliance with this
Act and such State laws is posted on the Internet site.
``(B) For purposes of subparagraph (A), the sale of a prescription
drug by a person shall be considered to be an interstate sale of the
drug through an Internet site if--
``(i) the purchaser of the drug submits the purchase order
for the drug, or conducts any other part of the sales
transaction for the drug, through an Internet site; and
``(ii) pursuant to such sale, the person introduces the
drug into interstate commerce or delivers the drug for
introduction into such commerce.
``(C) Subparagraph (A) may not be construed as authorizing the
Secretary to enforce any violation of State law.
``(D) For purposes of this paragraph, the term `prescription drug'
means a drug that is subject to paragraph (1).''.
SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES;
EFFECTIVE DATE.
(a) Regulations.--Before the expiration of the period specified in
subsection (b), the Secretary of Health and Human Services shall
promulgate regulations to carry out the amendments to the Federal Food,
Drug, and Cosmetic Act that are made by sections 201 and 202.
(b) Effective Date.--The amendments to the Federal Food, Drug, and
Cosmetic Act that are made by sections 201 and 202 take effect upon the
expiration of the one-year period beginning on the date of the
enactment of this Act, without regard to whether the regulations
required in subsection (a) have been promulgated. | Prescription Drug Affordability Act - Amends the Internal Revenue Code to allow a nonrefundable tax credit for 80 percent of the amount paid for a prescribed drug during the taxable year (and not compensated for by insurance or otherwise) by a taxpayer who has attained social security retirement age.
Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal provisions restricting the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer of prescription drugs upon application to the Secretary of Health and Human Services. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including that the drug has been approved by the Food and Drug Administration (FDA) and is not adulterated or misbranded.
Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable Federal and State laws; and (2) accurate information regarding compliance with such laws is posted on the Internet site. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 with respect to the purchase of prescription drugs by individuals who have attained retirement age, and to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs and the sale of such drugs through Internet sites."} | 1,804 | 243 | 0.526936 | 1.482531 | 0.7773 | 4.45933 | 7.339713 | 0.937799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Diamond Trade Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Funds derived from the sale of rough diamonds are being
used by rebels, state actors, and terrorists to finance
military activities, overthrow legitimate governments, subvert
international efforts to promote peace and stability, and
commit horrifying atrocities against unarmed civilians. During
the past decade, more than 6,500,000 people from Sierra Leone,
Angola, and the Democratic Republic of the Congo have been
driven from their homes by wars waged in large part for control
of diamond mining areas. A million of these are refugees eking
out a miserable existence in neighboring countries, and tens of
thousands have fled to the United States. Approximately
3,700,000 people have died during these wars.
(2) The countries caught in this fighting are home to
nearly 70,000,000 people whose societies have been torn apart
not only by fighting but also by terrible human rights
violations.
(3) Human rights advocates, the diamond trade as
represented by the World Diamond Council, and the United States
Government recently began working to block the trade in
conflict diamonds. Their efforts have helped to build a
consensus that action is urgently needed to end the trade in
conflict diamonds.
(4) The United Nations Security Council has acted at
various times under chapter VII of the Charter of the United
Nations to address threats to international peace and security
posed by conflicts linked to diamonds. Through these actions,
it has prohibited all states from exporting weapons to certain
countries affected by such conflicts. It has further required
all states to prohibit the direct and indirect import of rough
diamonds from Angola and Sierra Leone unless the diamonds are
controlled under specified certificate of origin regimes and to
prohibit absolutely for a period of 12 months the direct and
indirect import of rough diamonds from Liberia.
(5) In response, the United States implemented sanctions
restricting the importation of rough diamonds from Angola and
Sierra Leone to those diamonds accompanied by specified
certificates of origin and fully prohibiting the importation of
rough diamonds from Liberia. In order to put an end to the
emergency situation in international relations, to maintain
international peace and security, and to protect its essential
security interests, and pursuant to its obligations under the
United Nations Charter, the United States is now taking further
action against trade in conflict diamonds.
(6) Without effective action to eliminate trade in conflict
diamonds, the trade in legitimate diamonds faces the threat of
a consumer backlash that could damage the economies of
countries not involved in the trade in conflict diamonds and
penalize members of the legitimate trade and the people they
employ. To prevent that, South Africa and more than 30 other
countries are involved in working, through the ``Kimberley
Process'', toward devising a solution to this problem. As the
consumer of a majority of the world's supply of diamonds, the
United States has an obligation to help sever the link between
diamonds and conflict and press for implementation of an
effective solution.
(7) Articles XX and XXI of the General Agreement on Tariffs
and Trade 1994 allow members of the World Trade Organization to
take measures to deal with situations such as that presented by
the current trade in conflict diamonds without violating their
World Trade Organization obligations.
(8) Failure to curtail the trade in conflict diamonds or to
differentiate between the trade in conflict diamonds and the
trade in legitimate diamonds could have a severe negative
impact on the legitimate diamond trade in countries such as
Botswana, Namibia, South Africa, and Tanzania.
(9) Initiatives of the United States seek to resolve the
regional conflicts in sub-Saharan Africa which facilitate the
trade in conflict diamonds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conflict diamonds.--The term ``conflict diamonds''
means--
(A) rough diamonds the importation of which is
prohibited by United Nations Security Council
Resolutions because that trade is fueling conflict;
(B) in the case of rough diamonds not covered by
subparagraph (A), rough diamonds used by any armed
movement or an ally of an armed movement to finance or
sustain operations to carry out systematic human rights
abuses or attacks against unarmed civilians; or
(C) diamonds that evidence shows fund the al-Qaeda
international terrorist network and related groups
designated under Executive Order No. 13224 of September
23, 2001 (66 Federal Register 49079).
(2) Diamonds.--The term ``diamonds'' means diamonds
classifiable under subheading 7102.31.00 or subheading
7102.39.00 of the Harmonized Tariff Schedule of the United
States.
(3) Polished diamonds.--The term ``polished diamonds''
means diamonds classifiable under subheading 7102.39.00 of the
Harmonized Tariff Schedule of the United States.
(4) Rough diamonds.--The term ``rough diamonds'' means
diamonds that are unworked, or simply sawn, cleaved, or bruted,
classifiable under subheading 7102.31.00 of the Harmonized
Tariff Schedule of the United States.
(5) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
SEC. 4. MEASURES TO PREVENT IMPORTS OF CONFLICT DIAMONDS.
(a) Authority of the President.--Notwithstanding any other
provision of law, the President shall prohibit, in whole or in part,
the importation into the United States of rough diamonds, and may
prohibit the importation into the United States of polished diamonds
and jewelry containing diamonds, from any country that does not take
effective measures to stop trade in conflict diamonds as long as the
prohibition is consistent with the foreign policy interests of the
United States, including the international obligations of the United
States, or is pursuant to United Nations Security Council Resolutions
on conflict diamonds.
(b) Effective Measures.--For purposes of this Act, effective
measures are measures that--
(1) meet the requirements of United Nations Security
Council Resolutions on trade in conflict diamonds;
(2) meet the requirements of an international arrangement
on conflict diamonds, including the recommendations of the
Kimberley Process, as long as the measures also meet the
requirements of United Nations Security Council Resolutions on
trade in conflict diamonds; or
(3) contain the following elements, or their functional
equivalent, if such elements are sufficient to meet the
requirements of United Nations Security Council Resolutions on
trade in conflict diamonds:
(A) With respect to exports from countries where
rough diamonds are extracted, secure packaging,
accompanied by officially validated documentation
certifying the country of origin, total carat weight,
and value.
(B) With respect to exports from countries where
rough diamonds are extracted, a system of verifiable
controls on rough diamonds from mine to export.
(C) With respect to countries that reexport rough
diamonds, a system of controls designed to ensure that
no conflict diamonds have entered the legitimate trade
in rough diamonds.
(D) Verifiable recordkeeping by all companies and
individuals engaged in mining, import, and export of
rough diamonds within the territory of the exporting
country, subject to inspection and verification by
authorized government authorities in accordance with
national regulations.
(E) Government publication on a periodic basis of
official rough diamond export and import statistics.
(F) Implementation of proportionate and dissuasive
penalties against any persons who violate laws and
regulations designed to combat trade in conflict
diamonds.
(G) Full cooperation with the United Nations or
other official international bodies examining the trade
in conflict diamonds, especially with respect to any
inspection and monitoring of the trade in rough
diamonds.
(c) Exclusions.--The provisions of this section do not apply to--
(1) rough diamonds imported by or on behalf of a person for
personal use and accompanying a person upon entry into the
United States; or
(2) rough diamonds previously exported from the United
States and reimported by the same importer, without having been
advanced in value or improved in condition by any process or
other means while abroad, if the importer declares that the
reimportation of the rough diamonds satisfies the requirements
of this paragraph.
SEC. 5. PROHIBITION OF POLISHED DIAMONDS AND JEWELRY.
The President shall prohibit specific entries into the customs
territory of the United States of polished diamonds and jewelry
containing diamonds if the President has credible evidence that such
polished diamonds and jewelry were produced with conflict diamonds.
SEC. 6. ENFORCEMENT.
(a) In General.--Diamonds and jewelry containing diamonds imported
into the United States in violation of any prohibition imposed under
section 4 or 5 are subject to the seizure and forfeiture laws, and all
criminal and civil laws of the United States shall apply, to the same
extent as any other violation of the customs and navigation laws of the
United States.
(b) Proceeds From Fines and Forfeited Goods.--Notwithstanding any
other provision of law, the proceeds derived from fines imposed for
violations of section 4(a), and from the seizure and forfeiture of
goods imported in violation of section 4(a), shall, in addition to
amounts otherwise available for such purposes, be available only for--
(1) the Leahy War Victims Fund administered by the United
States Agency for International Development or any successor
program to assist victims of foreign wars; and
(2) grants under section 131 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152a).
SEC. 7. REPORTS.
(a) Annual Reports.--Not later than one year after the effective
date of this Act, and every 12 months thereafter, the President shall
transmit to Congress a report--
(1) describing actions taken by countries that have
exported diamonds to the United States during the preceding 12-
month period to implement effective measures to stop trade in
conflict diamonds;
(2) describing any new technologies since the date of
enactment of this Act for marking diamonds or determining the
origin of rough diamonds;
(3) identifying those countries that have exported diamonds
to the United States during the preceding 12-month period and
are not implementing effective measures to stop trade in
conflict diamonds and whose failure to do so has significantly
increased the likelihood that conflict diamonds are being
imported into the United States;
(4) describing appropriate actions, which may include
actions under sections 4 and 5, that may be taken by the United
States, or actions that may be taken or are being taken by each
country identified under paragraph (3), to ensure that conflict
diamonds are not being imported into the United States from
such country; and
(5) identifying any additional countries involved in
conflicts linked to rough diamonds that are not the subject of
United Nations Security Council Resolutions on conflict
diamonds.
(b) Semiannual Reports.--For each country identified in subsection
(a)(3), the President shall, every 6 months after the initial report in
which the country was identified, transmit to Congress a report that
explains what actions have been taken by the United States or such
country since the previous report to ensure that conflict diamonds are
not being imported from that country into the United States. The
requirement to issue a semiannual report with respect to a country
under this subsection shall remain in effect until such time as the
country implements effective measures.
SEC. 8. GAO REPORT.
Not later than 3 years after the effective date of this Act, the
Comptroller General of the United States shall transmit a report to
Congress on the effectiveness of the provisions of this Act in
preventing the importation of conflict diamonds under section 4. The
Comptroller General shall include in the report any recommendations on
any modifications to this Act that may be necessary.
SEC. 9. SENSE OF CONGRESS.
(a) International Arrangement.--It is the sense of Congress that
the President should take the necessary steps to negotiate an
international arrangement, working in concert with the Kimberley
Process referred to in section 2(6), to eliminate the trade in conflict
diamonds. Such an international arrangement should create an effective
global system of controls covering countries that export and import
rough diamonds, should contain the elements described in section
4(b)(3), and should address independent monitoring, the collection of
reliable statistics on the diamond trade, and the need for a
coordinating body or secretariat to implement the arrangement.
(b) Additional Security Council Resolutions.--It is the sense of
Congress that the President should take the necessary steps to seek
United Nations Security Council Resolutions with respect to trade in
diamonds from additional countries identified under section 7(a)(5).
(c) Trade in Legitimate Diamonds.--It is the sense of Congress that
the provisions of this Act should not impede the trade in legitimate
diamonds with countries which are working constructively to eliminate
trade in conflict diamonds, including through the negotiation of an
effective international arrangement to eliminate trade in conflict
diamonds.
(d) Implementation of Effective Measures.--It is the sense of
Congress that companies involved in diamond extraction and trade should
make financial contributions to countries seeking to implement any
effective measures to stop trade in conflict diamonds described in
section 4(b), if those countries would have financial difficulty
implementing those measures.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President $5,000,000
for each of the fiscal years 2002 and 2003 to provide assistance to
countries seeking to implement any effective measures to stop trade in
conflict diamonds described in section 4(b), if those countries would
have financial difficulty implementing those measures.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | Clean Diamond Trade Act - Directs the President to prohibit the import of rough diamonds from countries that do not take measures meeting the requirements of the United Nations Security Council Resolutions on trade in conflict diamonds. Excludes imports for personal use and previously exported and reimported diamonds. Authorizes the President to prohibit the import of polished diamonds on the same basis.Directs the President to prohibit the entry of polished diamonds and jewelry containing them if there is credible evidence such diamonds are conflict diamonds.Subjects diamonds imported in violation of these requirements to the seizure and forfeiture laws as well as all criminal and civil laws. Earmarks proceeds for the Leahy War Victims Fund and other specified purposes.Requires periodic reports on the effectiveness of the U.N. requirements and the requirements of this Act in preventing the importation of conflict diamonds.Expresses the sense of Congress that: (1) the President should negotiate an international arrangement to eliminate the conflict diamond trade and seek U.N. resolutions concerning the diamond trade in additional countries; (2) this Act should not impede the legitimate diamond trade; and (3) companies in diamond extraction and trade should contribute financially to countries seeking to implement effective measures to stop trade in conflict diamonds. | {"src": "billsum_train", "title": "A bill to implement effective measures to stop trade in conflict diamonds, and for other purposes."} | 3,032 | 273 | 0.537912 | 1.794738 | 0.849387 | 3.204444 | 12.355556 | 0.928889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small System Safe Drinking Water Act
of 2007''.
SEC. 2. COMPLIANCE AND ENFORCEMENT.
(a) Guidance.--Section 1412(b)(4)(E) of the Safe Drinking Water Act
(42 U.S.C. 300g-1(b)(4)(E)) is amended by adding at the end the
following:
``(vi) Guidance.--As soon as practicable
after the date of enactment of this clause, the
Administrator shall--
``(I) convene a working group
composed of representatives from
States, small publicly owned water
systems, and treatment manufacturers,
which shall, not later than 180 days
after the date of enactment of this
clause, conduct a study of, and submit
to Congress a report on, barriers to
the use of point-of-use and point-of-
entry treatment units, package plants
(including water bottled by the public
water system), and modular units;
``(II) develop a model guidance
document based on recommendations
received from the working group under
subclause (I) and similar State
guidance documents for distribution to
States to assist States in regulating
and promoting the treatment options
described in subclause (I); and
``(III) distribute to small water
systems--
``(aa) the model guidance
document developed under
subclause (II); and
``(bb) such other
information relating to the
treatment options described in
subclause (I) as the
Administrator considers to be
appropriate.''.
(b) Enforcement of National Primary Drinking Water Regulations.--
(1) Variance technologies.--Section 1412(b)(15)(A) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(15)(A)) is
amended--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(B) by striking ``(A) In general.--At the'' and
inserting the following:
``(A) Technologies.--
``(i) In general.--At the''; and
(C) by adding after the matter following
subparagraph (A)(i)(III) (as redesignated by
subparagraph (A)) the following:
``(B) Affordability.--In establishing affordability
criteria under this subparagraph, the Administrator
shall--
``(i) in determining whether a treatment
technology or treatment technique is
affordable, include consideration of costs
associated with complying with all relevant
regulations promulgated in accordance with this
Act and the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) with which a
municipality or small public water system may
be required to comply;
``(ii) give extra weight to households the
total income of which is below the poverty
level, and to communities that meet the
affordability criteria of a State established
in accordance with section 1452(b)(3)(A)(iii),
as determined by the Administrator; and
``(iii) ensure that the affordability
criteria are not more costly, on a per-capita
basis, to a small public water system than the
cost, on a per-capita basis, to a large water
system of acquiring feasible technology
described in paragraph (4).''.
(2) State revolving loan funds.--Section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12) is amended--
(A) by redesignating subsections (n), (o), (p),
(q), and (r) as subsection (o), (p), (q), (r), and (s)
respectively; and
(B) by inserting after subsection (m) the
following:
``(n) Enforcement.--Before initiating any enforcement action, the
Administrator or the State shall ensure that sufficient funds have been
made available under this title to assist each public water system that
serves fewer than 10,000 individuals in meeting requirements under the
regulation.''.
(c) Renewal of Exemption.--Section 1416(b)(2) of the Safe Drinking
Water Act (42 U.S.C. 300g-5(b)(2)) is amended by striking subparagraph
(C) and inserting the following:
``(C) In the case of a system that does not serve
more than a population of 10,000 and that needs
financial assistance for the necessary improvements, an
exemption granted under clause (i) or (ii) of
subparagraph (B) may be renewed for such period as the
State determines to be appropriate, if the system
establishes that it is taking all practicable steps to
meet the requirements of subparagraph (B).''.
(d) Research, Technical Assistance, Information, and Training of
Personnel.--Section 1442 of the Safe Drinking Water Act (42 U.S.C.
300j-1) is amended--
(1) in subsection (e)--
(A) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(1) In general.--The Administrator'';
(B) in the second sentence, by striking ``Such
assistance'' and inserting the following:
``(2) Types of assistance.--Assistance provided under
paragraph (1)'';
(C) in the third sentence, by striking ``The
Administrator'' and inserting the following:
``(3) Availability of assistance.--The Administrator'';
(D) in the fourth sentence, by striking ``Each
nonprofit'' and inserting the following:
``(4) Consultation with state.--Each nonprofit''; and
(E) by striking the fifth sentence and all that
follows through the end of the subsection and inserting
the following:
``(5) Assistance in complying with rules.--The
Administrator shall ensure, to the maximum extent practicable,
that each water system serving fewer than 10,000 individuals
that is required to comply with Federal drinking water rules
receives adequate technical assistance and training to meet the
requirements of those final rules, including through assistance
to be provided by qualified nonprofit associations with
expertise in public water systems.
``(6) Priority.--The Administrator shall give priority for
assistance under this section to water systems that, as of the
date of enactment of this paragraph, are not in compliance
with, as determined by the Administrator--
``(A) the final rule entitled `Disinfectants and
Disinfection Byproducts' and published by the
Administrator on December 16, 1998 (63 Fed. Reg.
69390);
``(B) the final rule entitled `Arsenic and
Clarifications to Compliance and New Source
Contaminants Monitoring' and published by the
Administrator on January 22, 2001 (66 Fed. Reg. 6976);
``(C) the final rule entitled `Stage 2
Disinfectants and Disinfection Byproducts Rule' and
published by the Administrator on January 4, 2006 (71
Fed. Reg. 388); and
``(D) the final rule entitled `Ground Water Rule'
and published by the Administrator on November 8, 2006
(71 Fed. Reg. 65574).
``(7) Enforcement action.--Before initiating any
enforcement action, the Administrator or the State shall ensure
that sufficient funds have been made available under this title
to assist each public water system that serves fewer than
10,000 individuals in meeting requirements under the
regulation.''; and
(2) by adding at the end the following:
``(f) Research and Development Pilot Projects.--
``(1) In general.--The Administrator shall establish a
research pilot program (referred to in this subsection as the
`program') to explore new technologies or approaches that
public water systems may use to comply with a public drinking
water standard promulgated under this Act.
``(2) Responsibilities of administrator.--In carrying out
this subsection, the Administrator shall--
``(A) establish an application process that
includes criteria that may be used to assess water
systems applying for participation in the program;
``(B) based on applications received under
subparagraph (A), select 20 communities with various
populations and water sources in different regions of
the United States for participation in the program;
``(C) fund projects that develop or implement new
technologies or approaches for implementation of
Federal drinking water standards; and
``(D) coordinate projects with the Arsenic Water
Technology Partnership program of the Department of
Energy.
``(3) Technology transfer and disinfection strategies.--The
Administrator shall carry out a pilot program to conduct
research into technology transfer issues and disinfection
strategies relating to drinking water, including risks
associated with the migration to chloramines for the purpose of
water disinfection.
``(4) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection and subsection (e) $15,000,000 for each of
fiscal years 2008 through 2012.
``(B) Lobbying expenses.--No portion of any State
revolving loan fund established under section 1452, and
no portion of any funds made available under this
subsection, may be used for lobbying expenses.
``(C) Tribal assistance.--Of the amount made
available under subparagraph (A) for a fiscal year, at
least 3 percent shall be used for technical assistance
to public water systems owned or operated by Indian
Tribes.''.
(e) Contaminant Study and Report.--
(1) Establishment of panel.--The Administrator of the
Environmental Protection Agency (referred to in this subsection
as the ``Administrator'') shall establish a panel of experts
composed of not more than 6 members appointed by the
Administrator, of whom--
(A) 1 member shall be selected by the
Administrator;
(B) 1 member shall be appointed based on the
recommendation of State water administrators;
(C) 3 members shall be appointed based on the
recommendation of associations representing public
water systems; and
(D) 1 member shall be appointed based on the
recommendation of the National Academy of Sciences.
(2) Duties.--The panel of experts shall--
(A) conduct a review of studies on the health
effects of exposure to arsenic and disinfection
byproducts; and
(B) not later than 180 days after the date of
enactment of this Act, submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that includes--
(i) the results of the review; and
(ii) an assessment of the most recent
scientific findings relating to the health
effects of exposure to the substances described
in subparagraph (A), including a comparison of
studies and research conducted after the date
on which maximum contaminant levels and maximum
contaminant level goals for those substances
were established in accordance with section
1412 of the Safe Drinking Water Act (42 U.S.C.
300g-1). | Small System Safe Drinking Water Act of 2007 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA): (1) to convene a working group to study barriers to using specified treatments; (2) to develop model guidance to assist states in regulating and promoting such treatment options; and (3) when establishing affordability criteria for variance technology, to consider specified cost factors, to give extra weight to households below the poverty level and to communities that meet state affordability criteria, and to ensure that the criteria are not more costly, on a per-capita basis, to a small public water system than the per capita cost to a large water system of acquiring feasible technology.
Requires the Administrator or a state, before initiating any enforcement action, to ensure that sufficient funds have been made available to assist each public water system that serves fewer than 10,000 individuals in meeting regulation requirements.
Revises provisions allowing an exemption of a system from maximum containment level and treatment technique requirements to: (1) increase the population threshold; and (2) allow state determinations of a renewal period.
Revises technical assistance provisions to require water systems serving fewer than 10,000 individuals to receive adequate technical assistance and training to meet requirements of final rules. Gives priority to systems not in compliance with specified rules concerning: (1) disinfectants and disinfection byproducts; (2) arsenic and compliance and new source monitoring; and (3) groundwater.
Establishes pilot programs to: (1) explore new technologies or approaches to comply with a drinking water standard; and (2) research technology transfer issues and disinfection strategies relating to drinking water.
Requires the Administrator to establish a panel to study the health effects of exposure to arsenic and disinfection byproducts. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act to prevent the enforcement of certain national primary drinking water regulations unless sufficient funding is available or variance technology has been identified."} | 2,466 | 376 | 0.527373 | 1.666577 | 0.713468 | 3.5 | 6.473529 | 0.905882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Reduction Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury is a persistent and toxic pollutant that
bioaccumulates in the environment;
(2) according to recent studies, mercury deposition is a
significant public health threat in many States throughout the
United States;
(3) 40 States have issued fish advisories that warn certain
individuals to restrict or avoid consuming mercury-contaminated
fish from affected bodies of water;
(4) according to a report by the National Academy of
Sciences, over 60,000 children are born each year in the United
States at risk for adverse neurodevelopmental effects due to
exposure to methyl mercury in utero;
(5) studies have documented that exposure to elevated
levels of mercury in the environment results in serious harm to
species of wildlife that consume fish;
(6) according to the Mercury Study Report, prepared by the
Environmental Protection Agency and submitted to Congress in
1997, mercury fever thermometers contribute approximately 17
tons of mercury to solid waste each year;
(7) the Governors of the New England States have endorsed a
regional goal of ``the virtual elimination of the discharge of
anthropogenic mercury into the environment'';
(8) mercury fever thermometers are easily broken, creating
a potential risk of dangerous exposure to mercury vapor in
indoor air and risking mercury contamination of the
environment; and
(9) according to the Environmental Protection Agency, the
quantity of mercury in 1 mercury fever thermometer,
approximately 1 gram, is enough to contaminate all fish in a
lake with a surface area of 20 acres.
SEC. 3. MERCURY.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by adding at the end the following:
``SEC. 3024. MERCURY.
``(a) Prohibition on Sale of Mercury Fever Thermometers Except by
Prescription.--Effective beginning 180 days after the date of enactment
of this section--
``(1) a person shall not sell or supply mercury fever
thermometers to consumers, except by prescription; and
``(2) with each mercury fever thermometer sold or supplied
by prescription, the manufacturer of the thermometer shall
provide clear instructions on--
``(A) careful handling of the thermometer to avoid
breakage; and
``(B) proper cleanup of the thermometer and its
contents in the event of breakage.
``(b) Thermometer Exchange Program.--The Administrator shall make
grants to States, municipalities, nonprofit organizations, or other
suitable entities for implementation of a national program for the
collection of liquid mercury fever thermometers from households and
their exchange for thermometers that do not contain mercury.
``(c) Management of Collected Mercury.--
``(1) Task force.--
``(A) Establishment.--There is established an
advisory committee to be known as the `Task Force on
Mercury' (referred to in this section as the `Task
Force').
``(B) Membership.--The Task Force shall be composed
of 5 members, of whom--
``(i) 1 member shall be the Administrator,
who shall serve as Chairperson of the Task
Force;
``(ii) 1 member shall be the Secretary of
State;
``(iii) 1 member shall be the Secretary of
Defense;
``(iv) 1 member shall be the Secretary of
Energy; and
``(v) 1 member shall be the Director of the
National Institute of Environmental Health
Sciences of the Department of Health and Human
Services.
``(C) Date of appointments.--The appointment of a
member of the Task Force shall be made not later than
30 days after the date of enactment of this section.
``(D) Term; vacancies.--
``(i) Term.--A member shall be appointed
for the life of the Task Force.
``(ii) Vacancies.--A vacancy on the Task
Force--
``(I) shall not affect the powers
of the Task Force; and
``(II) shall be filled in the same
manner as the original appointment was
made.
``(E) Meetings.--
``(i) Initial meeting.--Not later than 30
days after the date on which all members of the
Task Force have been appointed, the Task Force
shall hold the initial meeting of the Task
Force.
``(ii) Calling of meetings.--The Task Force
shall meet at the call of the Chairperson.
``(iii) Quorum.--A majority of the members
of the Task Force shall constitute a quorum,
but a lesser number of members may hold
hearings.
``(F) Duties.--
``(i) In general.--Not later than 1 year
after the date of the initial meeting of the
Task Force, the Task Force shall submit to
Congress a report containing recommendations
and suggested actions concerning--
``(I) the long-term management of
surplus mercury collected from--
``(aa) mercury fever
thermometers;
``(bb) other medical and
commercial sources;
``(cc) government sources,
including mercury stored by the
Department of Defense and the
Department of Energy; and
``(dd) industrial or other
sources in the United States;
``(II) programs to test the long-
term durability of promising
technologies for sequestration of
mercury;
``(III) storage of mercury
collected or sequestered under
subclause (I) or (II), in a manner that
ensures that there is no release of the
mercury into the environment;
``(IV) reduction of the total
threat posed by mercury to humans and
the environment; and
``(V) reduction of the total
quantity of mercury produced, used, and
released on a global basis, including
whether and how--
``(aa) the quantity of
virgin mercury mined from the
ground and placed in
circulation each year can be
reduced through bilateral or
international agreements or
other means;
``(bb) the quantity of
mercury intentionally used in
products, mining, and
manufacturing can be reduced
through substitution of
mercury-free alternatives that
are safer, available, and
affordable; and
``(cc) essential mercury
needs can be met through use of
stockpiles in existence on the
date of enactment of this
section rather than through use
of virgin mercury.
``(ii) Consultation.--In carrying out this
subparagraph, the Task Force shall consult with
States, industries, and health, environmental,
and consumer organizations.
``(G) Hearings.--The Task Force may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Task
Force considers advisable to carry out this section.
``(H) Information from federal agencies.--
``(i) In general.--The Task Force may
secure directly from a Federal agency such
information as the Task Force considers
necessary to carry out this section.
``(ii) Provision of information.--On
request of the Chairperson of the Task Force,
the head of the agency shall provide the
information to the Task Force.
``(I) Postal services.--The Task Force may use the
United States mails in the same manner and under the
same conditions as other agencies of the Federal
Government.
``(J) Gifts.--The Task Force may accept, use, and
dispose of gifts or donations of services or property.
``(K) Compensation of members; travel expenses.--
``(i) Federal employees.--A member of the
Task Force who is an officer or employee of the
Federal Government shall serve without
compensation in addition to the compensation
received for the services of the member as an
officer or employee of the Federal Government.
``(ii) Travel expenses.--A member of the
Task Force shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Task Force.
``(L) Staff and funding.--
``(i) Determination.--The Chairperson of
the Task Force shall determine the level of
staff and funding that are adequate to carry
out the activities of the Task Force.
``(ii) Source.--The staff and funding shall
be provided by and drawn equally from the
resources of--
``(I) the Department of Energy;
``(II) the Department of Defense;
and
``(III) the Environmental
Protection Agency.
``(iii) Appointment of staff.--The
Chairperson may, without regard to the civil
service laws (including regulations), appoint
and terminate such staff as are necessary to
enable the Task Force to perform the duties of
the Task Force.
``(iv) Compensation.--
``(I) In general.--Except as
provided in subclause (II), the
Chairperson may fix the compensation of
the staff of the Task Force that are
not officers or employees of the
Federal Government without regard to
the provisions of chapter 51 and
subchapter III of chapter 53 of title
5, United States Code, relating to
classification of positions and General
Schedule pay rates.
``(II) Maximum rate of pay.--The
rate of pay for the staff shall not
exceed the rate payable for level V of
the Executive Schedule under section
5316 of title 5, United States Code.
``(v) Detail of federal government
employees.--
``(I) In general.--An employee of
the Federal Government may be detailed
to the Task Force without
reimbursement.
``(II) Civil service status.--The
detail of the employee shall be without
interruption or loss of civil service
status or privilege.
``(vi) Procurement of temporary and
intermittent services.--The Chairperson of the
Task Force may procure for the purposes of the
Task Force temporary and intermittent services
in accordance with section 3109(b) of title 5,
United States Code, at rates for individuals
that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of
that title.
``(M) Termination of task force.--The Task Force
shall terminate on the date that is 90 days after the
date on which the Task Force submits the report
required under subparagraph (F)(i).
``(N) No effect on other law.--Nothing in this
paragraph affects the regulation of mercury under--
``(i) any other provision of this subtitle;
or
``(ii) any other law.
``(2) Responsibility of the administrator for safe
management and storage of mercury.--In consultation with the
Task Force, the Administrator shall--
``(A)(i) purchase or otherwise take title to the
mercury collected under the thermometer exchange
program established under subsection (b), or collected
from any other source;
``(ii) manage (or designate a contractor to manage)
the mercury collected in a manner that ensures that the
mercury collected is not released into the environment;
``(iii) ensure, to the maximum extent practicable,
that the mercury collected under the thermometer
exchange program established under subsection (b), or
an equivalent quantity of mercury, is not reintroduced
into commerce; and
``(iv) provide to the Task Force, for inclusion in
the report of the Task Force under paragraph (1)(F)(i),
an analysis of, and recommendations relating to, the
mercury collection and management activities carried
out under this section; and
``(B)(i) identify potential mercury stabilization
technologies and long-term storage measures that ensure
minimal release of mercury into the environment; and
``(ii) conduct such research, development, and
demonstration of the technologies and measures as the
Administrator determines to be appropriate.
``(d) Relation to Other Law.--Nothing in this section--
``(1) precludes any State from imposing any additional
requirement; or
``(2) diminishes any obligation, liability, or other
responsibility under other Federal law.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (other than subsection (c)(2)(A))
$20,000,000, of which--
``(A) not more than 2.5 percent shall be used to
carry out the activities of the Task Force; and
``(B) not more than 2.5 percent shall be used to
carry out subsection (c)(2)(B).
``(2) Safe management and storage.--In addition to the
amount authorized to be appropriated under paragraph (1), there
is authorized to be appropriated to carry out subsection
(c)(2)(A) $1,000,000 for each fiscal year.''.
(b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items
relating to subtitle C the following:
``Sec. 3024. Mercury.''.
Passed the Senate September 5, 2002.
Attest:
JERI THOMSON,
Secretary. | Mercury Reduction Act of 2002 - Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supply of mercury fever thermometers to consumers, except by prescription; and (2) require manufacturers to provide clear instructions on handling of thermometers to avoid breakage and on proper cleanup in the event of breakage.Requires the Administrator of the Environmental Protection Agency to provide grants for a household mercury thermometer collection and exchange program.Establishes a Task Force on Mercury to make recommendations on: (1) the long-term management of surplus mercury collected from thermometers and from medical, commercial, government, and industrial and other sources; (2) programs to test technologies for sequestration of retired mercury; (3) storage of mercury in a manner that ensures no release into the environment; (4) reduction of the total threat posed by mercury to humans and the environment; and (5) reduction of mercury produced, used, and released.Directs the Administrator, in consultation with the Task Force, to: (1) take title to mercury collected under the thermometer exchange program or from another source; (2) manage the mercury in a manner that prevents its release into the environment; (3) ensure that collected mercury is not reintroduced into commerce; (4) provide to the Task Force an analysis of, and recommendations concerning, collection and management activities under this Act; and (5) identify stabilization technologies and long-term storage measures that prevent mercury release and conduct appropriate research, development, and demonstration.Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting the use of mercury fever thermometers and improving the collection and proper management of mercury, and for other purposes."} | 2,939 | 322 | 0.60545 | 1.825629 | 0.754264 | 3.239865 | 9.358108 | 0.949324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-2A Improvement Act''.
SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, SHEEPHERDERS, AND GOAT
HERDERS.
Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``who is
coming temporarily to the United States to perform agricultural labor
or services as a dairy worker, sheepherder, or goat herder, or'' after
``abandoning''.
SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS,
SHEEPHERDERS, OR GOAT HERDERS.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively;
(2) by inserting after subsection (g) the following:
``(h) Special Rules for Aliens Employed as Dairy Workers,
Sheepherders, or Goat Herders.--
``(1) In general.--Notwithstanding any other provision of
this Act, an alien admitted as a nonimmigrant under section
101(a)(15)(H)(ii)(a) for employment as a dairy worker,
sheepherder, or goat herder--
``(A) may be admitted for an initial period of 3
years; and
``(B) subject to paragraph (3)(E), may have such
initial period of admission extended for an additional
period of up to 3 years.
``(2) Exemption from temporary or seasonal requirement.--
Not withstanding section 101(a)(15)(H)(ii)(a), an employer
filing a petition to employ H-2A workers in positions as dairy
workers, sheepherders, or goat herders shall not be required to
show that such positions are of a seasonal or temporary nature.
``(3) Adjustment to lawful permanent resident status.--
``(A) Eligible alien.--In this paragraph, the term
`eligible alien' means an alien who--
``(i) has H-2A worker status based on
employment as a dairy worker, sheepherder, or
goat herder;
``(ii) has maintained such status in the
United States for a not fewer than 33 of the
preceding 36 months; and
``(iii) is seeking to receive an immigrant
visa under section 203(b)(3)(A)(iii).
``(B) Classification petition.--A petition under
section 204 for classification of an eligible alien
under section 203(b)(3)(A)(iii) may be filed by--
``(i) the alien's employer on behalf of the
eligible alien; or
``(ii) the eligible alien.
``(C) No labor certification required.--
Notwithstanding section 203(b)(3)(C), no determination
under section 212(a)(5)(A) is required with respect to
an immigrant visa under section 203(b)(3)(A)(iii) for
an eligible alien.
``(D) Effect of petition.--The filing of a petition
described in subparagraph (B) or an application for
adjustment of status based on a petition described in
subparagraph (B) shall not be a basis fo denying--
``(i) another petition to employ H-2A
workers;
``(ii) an extension of nonimmigrant status
for a H-2A worker;
``(iii) admission of an alien as an H-2A
worker;
``(iv) a request for a visa for an H-2A
worker;
``(v) a request from an alien to modify the
alien's immigration status to or from status as
an H-2A worker; or
``(vi) a request made for an H-2A worker to
extend such worker's stay in the United States.
``(E) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien
having a pending or approved petition described in
subparagraph (B) in 1-year increments until a final
determination is made on the alien's eligibility for
adjustment of status to that of an alien lawfully
admitted for permanent residence.
``(F) Construction.--Nothing in this paragraph may
be construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other
provision of law.''; and
(3) in subsection (j)(1), as redesignated by paragraph (1),
by striking ``The term'' and inserting ``Except as provided
under subsection (h)(2)(A), the term''. | H-2A Improvement Act - Amends the Immigration and Nationality Act to include within the H-2A nonimmigrant visa category (temporary agricultural workers) an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. Exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature.
Provides for a three-year initial period of admission with additional three-year extensions.
Authorizes such alien to petition to become a lawful permanent resident after having worked as a sheepherder, goat herder, or dairy worker in the United States for not fewer than 33 of the preceding 36 months. | {"src": "billsum_train", "title": "A bill to improve the H-2A agricultural worker program for use by dairy workers, sheepherders, and goat herders, and for other purposes."} | 1,126 | 162 | 0.658357 | 1.769793 | 0.914888 | 2.821705 | 6.767442 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyons of the Ancients National
Conservation Area Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that certain areas located in Dolores
and Montezuma Counties, Colorado--
(1) contain unique and valuable historical, cultural,
scientific, archaeological, natural, and educational resources;
and
(2) should be conserved, protected, and enhanced for the
benefit and enjoyment of present and future generations.
(b) Purpose.--The purpose of this Act is to establish the Canyons
of the Ancients, Colorado, as a National Conservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Canyons of the Ancients National Conservation Area
established by section 4(a).
(2) Council.--The term ``Council'' means the Canyons of the
Ancients National Conservation Area Advisory Council
established under section 5(a).
(3) Management plan.--The term ``management plan'' means
the management plan developed for the Conservation Area under
section 4(e).
(4) Map.--The term ``Map'' means the map entitled ``Canyon
of the Ancients National Conservation Area Proposal'' and dated
January 6, 2000.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 4. CANYONS OF THE ANCIENTS NATIONAL CONSERVATION AREA.
(a) In General.--There is established the Canyons of the Ancients
National Conservation Area in the State of Colorado.
(b) Areas Included.--The Conservation Area shall consist of
approximately 164,000 acres of public land in Dolores and Montezuma
Counties, Colorado, as generally depicted on the Map.
(c) Maps and Legal Description.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Force and effect.--The map and legal description shall
have the same force and effect as if included in this Act,
except that the Secretary may correct clerical and
typographical errors in the map and legal description.
(3) Public availability.--Copies of the map and legal
description shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management;
(B) the appropriate office of the Bureau of Land
Management in Colorado; and
(C) the offices of the county clerks of Montezuma
and Dolores Counties, Colorado.
(d) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area in a manner that--
(A) conserves, protects, and enhances the resources
of the Conservation Area specified in section 2(a); and
(B) is in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii) other applicable law, including this
Act.
(2) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary determines will further the
purposes for which the Conservation Area is established.
(3) Vehicular activity.--
(A) In general.--Except as provided in subparagraph
(B) and as needed for administrative purposes or to
respond to an emergency, use of motorized vehicles or
mechanized transport in the Conservation Area shall be
permitted only on roads and trails designated for
vehicular use under the management plan.
(B) Access to leases.--Nothing in this Act
prohibits vehicular access to any oil, gas, or carbon
dioxide lease by road or pipeline right-of-way.
(C) Access to private property.--Nothing in this
Act shall be construed to prohibit reasonable access to
private property.
(4) Withdrawals.--
(A) In general.--Subject to valid existing rights
(including lease rights) and historic rights of access,
and except as provided in subparagraph (B), all Federal
land within the Conservation Area and all land and
interests in land acquired for the Conservation Area by
the United States are withdrawn from--
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposal under the mineral leasing,
mineral materials, and geothermal leasing laws.
(B) Oil and gas leasing.--Notwithstanding
subparagraph (A), nothing in this Act prohibits the
leasing of oil, gas, or carbon dioxide (including
resulting operations) within the Conservation Area
under the mineral leasing laws.
(5) Hunting and trapping.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this Act affects hunting and trapping
within the Conservation Area conducted in accordance
with applicable laws (including regulations) of--
(i) the United States; and
(ii) the State of Colorado.
(B) Hunting and trapping zones.--The Secretary,
after consultation with the Colorado Division of
Wildlife, may promulgate regulations designating zones
where and establishing periods when no hunting or
trapping shall be permitted in the Conservation Area
for reasons of--
(i) public safety;
(ii) administration; or
(iii) public use and enjoyment.
(6) Grazing.--The Secretary shall issue and administer any
grazing leases or permits in the Conservation Area in
accordance with the same laws (including regulations) and
executive orders followed by the Secretary in issuing and
administering grazing leases and permits on other land under
the jurisdiction of the Bureau of Land Management.
(e) Management Plan.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-range protection and management
of the Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii) other applicable law, including this
Act;
(B) incorporate, as appropriate, decisions
contained in any other management or activity plan for
the land within or adjacent to the Conservation Area;
(C) take into consideration any information
developed in studies of the land within or adjacent to
the Conservation Area; and
(D) give appropriate consideration to the
historical involvement of the local community in the
interpretation and protection of the resources of the
Conservation Area.
(f) No Buffer Zones.--
(1) In general.--There shall be no protective perimeter or
buffer zone around the Conservation Area.
(2) Activities outside conservation area.--The fact that an
activity on land or a use of land in the Conservation Area is
not permitted inside the Conservation Area shall not preclude
the activity on land or use of land outside the boundary of the
Conservation Area (or, in the Conservation Area, on land that
is privately held), consistent with other applicable law.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-federally
owned land in the Conservation Area only--
(A) from a willing seller; and
(B) through purchase, exchange, or donation.
(2) Modification of boundary.--On acquisition of land under
paragraph (1), the Secretary shall modify the boundary of the
Conservation Area to include the acquired land.
(3) Management.--Land acquired under paragraph (1) shall be
managed as part of the Conservation Area in accordance with
this Act.
(h) Interpretive Sites.--The Secretary may establish sites in the
Conservation Area to interpret the historical, cultural, scientific,
archaeological, natural, and educational resources of the Conservation
Area.
(i) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
(j) Wilderness Acts.--Nothing in this Act alters any provision of
the Wilderness Act (16 U.S.C. 1131 et seq.) or the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) that applies to
wilderness resources within the Conservation Area.
(k) National Park Service Lands.--Nothing in this Act affects the
management of land that is within the Conservation Area and under the
jurisdiction of the National Park Service.
SEC. 5. ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish an advisory
council to be known as the ``Canyons of the Ancients National
Conservation Area Advisory Council''.
(b) Duty.--The Council shall advise the Secretary with respect to
preparation and implementation of the management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall consist of 15 members, to be
appointed by the Secretary, as follows:
(1) A member of or nominated by the Dolores County
Commission.
(2) A member of or nominated by the Montezuma County
Commission.
(3) A member of or nominated by the Ute Mountain Ute Indian
Tribe.
(4) 12 members residing in, or within reasonable proximity
to, southwestern Colorado with recognized backgrounds
reflecting--
(A) the purposes for which the Conservation Area
was established; and
(B) the interests of the stakeholders that are
affected by the planning and management of the
Conservation Area.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Directs the Secretary to: (1) develop a comprehensive management plan for the long- range protection and management of the Area; and (2) establish the Canyons of the Ancients National Conservation Area Advisory Council to advise the Secretary with respect to preparation and implementation of the management plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Canyons of the Ancients National Conservation Area Act"} | 2,222 | 64 | 0.614982 | 1.580602 | 0.587119 | 3.810345 | 34.172414 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Workers Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Chronic diseases, defined as any condition that
requires regular medical attention or medication, are the
leading cause of death and disability for women in the United
States across racial and ethnic groups.
(2) According to the National Vital Statistics Report of
2001, the 5 leading causes of death among Hispanic, American
Indian, and African-American women are heart disease, cancer,
diabetes, cerebrovascular disease, and unintentional injuries.
(3) Unhealthy behaviors alone lead to more than 50 percent
of premature deaths in the United States.
(4) Poor diet, physical inactivity, tobacco use, and
alcohol and drug abuse are the health risk behaviors that most
often lead to disease, premature death, and disability, and are
particularly prevalent among many groups of minority women.
(5) Over 60 percent of Hispanic and African-American women
are classified as overweight and over 30 percent are classified
as obese. Over 60 percent of American Indian women are
classified as obese.
(6) American Indian women have the highest mortality rates
related to alcohol and drug use of all women in the United
States.
(7) High poverty rates coupled with barriers to health
preventive services and medical care contribute to racial and
ethnic disparities in health factors, including premature
death, life expectancy, risk factors associated with major
diseases, and the extent and severity of illnesses.
(8) There is increasing evidence that early life
experiences are associated with adult chronic disease and that
prevention and intervention services provided within the
community and the home may lessen the impact of chronic
outcomes, while strengthening families and communities.
(9) Community health workers, who are primarily women, can
be a critical component in conducting health promotion and
disease prevention efforts in medically underserved
populations.
(10) Recognizing the difficult barriers confronting
medically underserved communities (poverty, geographic
isolation, language and cultural differences, lack of
transportation, low literacy, and lack of access to services),
community health workers are in a unique position to reduce
preventable morbidity and mortality, improve the quality of
life, and increase the utilization of available preventive
health services for community members.
(11) Research has shown that community health workers have
been effective in significantly increasing screening and
medical followup visits among residents with limited access or
underutilization of health care services.
(12) States on the United States-Mexico border have high
percentages of impoverished and ethnic minority populations:
border States accommodate 60 percent of the total Hispanic
population and 23 percent of the total population below 200
percent poverty in the United States.
SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.
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. 399O. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.
``(a) Grants Authorized.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention and other
Federal officials determined appropriate by the Secretary, is
authorized to award grants to States or local or tribal units, to
promote positive health behaviors for women in target populations,
especially racial and ethnic minority women in medically underserved
communities.
``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
be used to support community health workers--
``(1) to educate, guide, and provide outreach in a
community setting regarding health problems prevalent among
women and especially among racial and ethnic minority women;
``(2) to educate, guide, and provide experiential learning
opportunities that target behavioral risk factors including--
``(A) poor nutrition;
``(B) physical inactivity;
``(C) being overweight or obese;
``(D) tobacco use;
``(E) alcohol and substance use;
``(F) injury and violence;
``(G) risky sexual behavior; and
``(H) mental health problems;
``(3) to educate and guide regarding effective strategies
to promote positive health behaviors within the family;
``(4) to educate and provide outreach regarding enrollment
in health insurance including the State Children's Health
Insurance Program under title XXI of the Social Security Act,
medicare under title XVIII of such Act and medicaid under title
XIX of such Act;
``(5) to promote community wellness and awareness; and
``(6) to educate and refer target populations to
appropriate health care agencies and community-based programs
and organizations in order to increase access to quality health
care services, including preventive health services.
``(c) Application.--
``(1) In general.--Each State or local or tribal unit
(including federally recognized tribes and Alaska native
villages) that desires to receive a grant under subsection (a)
shall submit an application to the Secretary, at such time, in
such manner, and accompanied by such additional information as
the Secretary may require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) contain an assurance that with respect to
each community health worker program receiving funds
under the grant awarded, such program provides training
and supervision to community health workers to enable
such workers to provide authorized program services;
``(C) contain an assurance that the applicant will
evaluate the effectiveness of community health worker
programs receiving funds under the grant;
``(D) contain an assurance that each community
health worker program receiving funds under the grant
will provide services in the cultural context most
appropriate for the individuals served by the program;
``(E) contain a plan to document and disseminate
project description and results to other States and
organizations as identified by the Secretary; and
``(F) describe plans to enhance the capacity of
individuals to utilize health services and health-
related social services under Federal, State, and local
programs by--
``(i) assisting individuals in establishing
eligibility under the programs and in receiving
the services or other benefits of the programs;
and
``(ii) providing other services as the
Secretary determines to be appropriate, that
may include transportation and translation
services.
``(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants--
``(1) who propose to target geographic areas--
``(A) with a high percentage of residents who are
eligible for health insurance but are uninsured or
underinsured;
``(B) with a high percentage of families for whom
English is not their primary language; and
``(C) that encompass the United States-Mexico
border region;
``(2) with experience in providing health or health-related
social services to individuals who are underserved with respect
to such services; and
``(3) with documented community activity and experience
with community health workers.
``(e) Collaboration With Academic Institutions.--The Secretary
shall encourage community health worker programs receiving funds under
this section to collaborate with academic institutions. Nothing in this
section shall be construed to require such collaboration.
``(f) Quality Assurance and Cost-Effectiveness.--The Secretary
shall establish guidelines for assuring the quality of the training and
supervision of community health workers under the programs funded under
this section and for assuring the cost-effectiveness of such programs.
``(g) Monitoring.--The Secretary shall monitor community health
worker programs identified in approved applications and shall determine
whether such programs are in compliance with the guidelines established
under subsection (e).
``(h) Technical Assistance.--The Secretary may provide technical
assistance to community health worker programs identified in approved
applications with respect to planning, developing, and operating
programs under the grant.
``(i) Report to Congress.--
``(1) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under subsection (a),
the Secretary shall submit to Congress a report regarding the
grant project.
``(2) Contents.--The report required under paragraph (1)
shall include the following:
``(A) A description of the programs for which grant
funds were used.
``(B) The number of individuals served.
``(C) An evaluation of--
``(i) the effectiveness of these programs;
``(ii) the cost of these programs; and
``(iii) the impact of the project on the
health outcomes of the community residents.
``(D) Recommendations for sustaining the community
health worker programs developed or assisted under this
section.
``(E) Recommendations regarding training to enhance
career opportunities for community health workers.
``(j) Definitions.--In this section:
``(1) Community health worker.--The term `community health
worker' means an individual who promotes health or nutrition
within the community in which the individual resides--
``(A) by serving as a liaison between communities
and health care agencies;
``(B) by providing guidance and social assistance
to community residents;
``(C) by enhancing community residents' ability to
effectively communicate with health care providers;
``(D) by providing culturally and linguistically
appropriate health or nutrition education;
``(E) by advocating for individual and community
health or nutrition needs; and
``(F) by providing referral and followup services.
``(2) Community setting.--The term `community setting'
means a home or a community organization located in the
neighborhood in which a participant resides.
``(3) Medically underserved community.--The term `medically
underserved community' means a community identified by a
State--
``(A) that has a substantial number of individuals
who are members of a medically underserved population,
as defined by section 330(b)(3); and
``(B) a significant portion of which is a health
professional shortage area as designated under section
332.
``(4) Support.--The term `support' means the provision of
training, supervision, and materials needed to effectively
deliver the services described in subsection (b), reimbursement
for services, and other benefits.
``(5) Target population.--The term `target population'
means women of reproductive age, regardless of their current
childbearing status.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2003, 2004, and 2005.''. | Community Health Workers Act of 2002 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to promote positive health behaviors for women in target populations, especially racial and ethnic minorities in underserved communities.Permits the use of grant funds for the support of community health workers' education and outreach efforts concerning: (1) prevalent health problems; (2) learning opportunities targeting behavioral risk factors including poor nutrition, obesity, physical activity, and substance abuse; (3) health insurance enrollment, including the State Children's Health Insurance Program, Medicare, and Medicaid; and (4) health care agencies and community-based programs.Sets forth application procedures for State, local or tribal units, granting priority to experienced providers in geographic areas with high percentages of un-or under-insured families where English is the second language, and the U.S.-Mexico border region.Requires the Secretary to establish and monitor quality-control guidelines for community health workers. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide grants to promote positive health behaviors in women."} | 2,327 | 210 | 0.536209 | 1.457739 | 0.741547 | 2.771277 | 12 | 0.898936 |
SECTION 1.
(a) Notwithstanding any other provision of law and subject to the
provisions of subsections (e) and (g), upon the joint motion of the
United States and the State of Alaska and the issuance of an
appropriate order by the United States District Court for the District
of Alaska, the joint trust funds, or any portion thereof, including any
interest accrued thereon, previously received or to be received by the
United States and the State of Alaska pursuant to the Agreement and
Consent Decree issued in United States v. Exxon Corporation, et al.
(No. A91-082 CIV) and State of Alaska v. Exxon Corporation, et al. (No.
A91-083 CIV) (hereafter referred to as the ``Consent Decree''), may be
deposited in--
(1) the Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the ``Fund'') established in
title I of the Department of the Interior and Related Agencies
Appropriations Act, 1992 (Public Law 102-154, 43 U.S.C. 1474b);
(2) accounts outside the United States Treasury (hereafter
referred to as ``outside accounts''); or
(3) both.
Any funds deposited in an outside account may be invested only in
income-producing obligations and other instruments or securities that
have been determined unanimously by the Federal and State natural
resource trustees for the Exxon Valdez oil spill (``trustees'') to have
a high degree of reliability and security.
(b) Joint trust funds deposited in the Fund or an outside account
that have been approved unanimously by the Trustees for expenditure by
or through a State or Federal agency shall be transferred promptly from
the Fund or the outside account to the State of Alaska or United States
upon the joint request of the governments.
(c) The transfer of joint trust funds outside the Court Registry
shall not affect the supervisory jurisdiction of the District Court
under the Consent Decree or the Memorandum of Agreement and Consent
Decree in United States v. State of Alaska (No. A91-081-CIV) over all
expenditures of the joint trust funds.
(d) Nothing herein shall affect the requirement of section 207 of
the Dire Emergency Supplemental Appropriations and Transfers for Relief
From the Effects of Natural Disasters, for Other Urgent Needs, and for
the Incremental Cost of ``Operation Desert Shield/Desert Storm'' Act of
1992 (Public Law 102-229, 42 U.S.C. 1474b note) that amounts received
by the United States and designated by the trustees for the expenditure
by or through a Federal agency must be deposited into the Fund.
(e) All remaining settlement funds are eligible for the investment
authority granted under subsection (a) of this act so long as they are
managed and allocated consistent with the Resolution of the Trustees
adopted March 1, 1999, concerning the Restoration Reserve, as follows:
(1) $55 million of the funds remaining on October 1, 2002,
and the associated earnings thereafter shall be managed and
allocated for habitat protection programs including small
parcel habitat acquisitions. Such sums shall be reduced by--
(A) the amount of any payments made after the date
of enactment of this Act from the Joint Trust Funds
pursuant to an agreement between the Trustee Council
and Koniag, Inc. which includes those lands which are
presently subject to the Koniag Non-Development
Easement, including, but not limited to, the
continuation or modification of such Easement; and
(B) payments in excess of $6.32 million for any
habitat acquisition or protection from the joint trust
funds after the date of enactment of this Act and prior
to October 1, 2002, other than payments for which the
Council is currently obligated through purchase
agreements with the Kodiak Island Borough, Afognak
Joint Venture and the Eyak Corporation.
(2) All other funds remaining on October 1, 2002, and the
associated earnings shall be used to fund a program, consisting
of--
(A) marine research, including applied fisheries
research;
(B) monitoring; and
(C) restoration, other than habitat acquisition,
which may include community and economic restoration
projects and facilities (including projects proposed by
the communities of the EVOS Region or the fishing
industry), consistent with the Consent Decree.
(f) The Federal trustees and the State trustees, to the extent
authorized by State law, are authorized to issue grants as needed to
implement this program.
(g) The authority provided in this Act shall expire on September
30, 2002, unless by September 30, 2001, the Trustees have submitted to
the Congress a report recommending a structure the Trustees believe
would be most effective and appropriate for the administration and
expenditure of remaining funds and interest received. Upon the
expiration of the authorities granted in this Act all monies in the
Fund or outside accounts shall be returned to the Court Registry or
other account permitted by law.
Passed the Senate November 19, 1999.
Attest:
GARY SISCO,
Secretary. | Makes all remaining settlement funds eligible for the investment authority granted under this Act so long as they are managed and allocated consistent with the Resolution of the Trustees adopted March 1, 1999, concerning the Restoration Reserve, as follows: (1) $55 million of the funds remaining on October 1, 2002, and the associated earnings thereafter, shall be managed and allocated for habitat protection programs, including small parcel habitat acquisitions, with such sums reduced as specified; and (2) all other funds remaining on that date and associated earnings shall be used to fund (consistent with the Consent Decree) a program consisting of marine research, monitoring, and restoration, other than habitat acquisition, and additionally for community and economic restoration projects and facilities.
Authorizes the Federal trustees and the State trustees, to the extent authorized by State law, to issue grants as needed to implement this program.
Terminates the authority provided in this Act on September 30, 2002, unless by September 30, 2001, the Trustees have submitted to Congress a report recommending a structure the Trustees believe would be most effective and appropriate for the administration and expenditure of remaining funds and interest received. Directs that, upon the expiration of the authorities granted in this Act, all monies in the Fund or outside accounts be returned to the Court Registry or other account permitted by law. | {"src": "billsum_train", "title": "A bill to allow for the investment of joint Federal and State funds from the civil settlement of damages from the Exxon Valdez oil spill, and for other purposes."} | 1,111 | 274 | 0.444263 | 1.518303 | 0.676967 | 7.403101 | 3.992248 | 0.976744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Three Kids Mine Remediation and
Reclamation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 948 acres of Bureau of Reclamation and Bureau of
Land Management land within the Three Kids Mine Project Site,
as depicted on the map.
(2) Hazardous substance; pollutant or contaminant;
remedy.--The terms ``hazardous substance'', ``pollutant or
contaminant'', and ``remedy'' have the meanings given those
terms in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(3) Henderson redevelopment agency.--The term ``Henderson
Redevelopment Agency'' means the redevelopment agency of the
City of Henderson, Nevada, established and authorized to
transact business and exercise the powers of the agency in
accordance with the Nevada Community Redevelopment Law (Nev.
Rev. Stat. 279.382 to 279.685).
(4) Map.--The term ``map'' means the map entitled ``Three
Kids Mine Project Area'' and dated February 6, 2012.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) Three kids mine project site.--The term ``Three Kids
Mine Project Site'' means the approximately 1,262 acres of land
that is--
(A) comprised of--
(i) the Federal land; and
(ii) the approximately 314 acres of
adjacent non-Federal land; and
(B) depicted as the ``Three Kids Mine Project
Site'' on the map.
SEC. 3. LAND CONVEYANCE.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
not later than 90 days after the date on which the Secretary determines
that the conditions described in subsection (b) have been met, and
subject to valid existing rights and applicable law, the Secretary
shall convey to the Henderson Redevelopment Agency all right, title,
and interest of the United States in and to the Federal land.
(b) Conditions.--
(1) Appraisal; fair market value.--
(A) In general.--As consideration for the
conveyance under subsection (a), the Henderson
Redevelopment Agency shall pay the fair market value of
the Federal land, if any, as determined under
subparagraph (B) and as adjusted under subparagraph
(F).
(B) Appraisal.--The Secretary shall determine the
fair market value of the Federal land based on an
appraisal--
(i) that is conducted in accordance with
nationally recognized appraisal standards,
including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice; and
(ii) that does not take into account any
existing contamination associated with
historical mining on the Federal land.
(C) Remediation and reclamation costs.--
(i) In general.--The Secretary shall
prepare a reasonable estimate of the costs to
assess, remediate, and reclaim the Three Kids
Mine Project Site.
(ii) Considerations.--The estimate prepared
under clause (i) shall be--
(I) based on the results of a
comprehensive Phase II environmental
site assessment of the Three Kids Mine
Project Site prepared by the Henderson
Redevelopment Agency or a designee that
has been approved by the State; and
(II) prepared in accordance with
the current version of the ASTM
International Standard E-2137-06
entitled ``Standard Guide for
Estimating Monetary Costs and
Liabilities for Environmental
Matters''.
(iii) Assessment requirements.--The Phase
II environmental site assessment prepared under
clause (ii)(I) shall, without limiting any
additional requirements that may be required by
the State, be conducted in accordance with the
procedures of--
(I) the most recent version of ASTM
International Standard E-1527-05
entitled ``Standard Practice for
Environmental Site Assessments: Phase I
Environmental Site Assessment
Process''; and
(II) the most recent version of
ASTM International Standard E-1903-11
entitled ``Standard Guide for
Environmental Site Assessments: Phase
II Environmental Site Assessment
Process''.
(iv) Review of certain information.--
(I) In general.--The Secretary
shall review and consider cost
information proffered by the Henderson
Redevelopment Agency and the State in
the preparation of the estimate under
this subparagraph.
(II) Final determination.--If there
is a disagreement among the Secretary,
Henderson Redevelopment Agency, and the
State over the reasonable estimate of
costs under this subparagraph, the
parties shall jointly select 1 or more
experts to assist the Secretary in
making the final estimate of the costs.
(D) Deadline.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
begin the appraisal and cost estimates under
subparagraphs (B) and (C), respectively.
(E) Appraisal costs.--The Henderson Redevelopment
Agency shall reimburse the Secretary for the costs
incurred in performing the appraisal under subparagraph
(B).
(F) Adjustment.--The Secretary shall
administratively adjust the fair market value of the
Federal land, as determined under subparagraph (B),
based on the estimate of remediation, and reclamation
costs, as determined under subparagraph (C).
(2) Mine remediation and reclamation agreement executed.--
(A) In general.--The conveyance under subsection
(a) shall be contingent on--
(i) the Secretary receiving from the State
written notification that a mine remediation
and reclamation agreement has been executed in
accordance with subparagraph (B); and
(ii) the Secretary concurring, by the date
that is 30 days after the date of receipt of
the written notification under clause (i), that
the requirements under subparagraph (B) have
been met.
(B) Requirements.--The mine remediation and
reclamation agreement required under subparagraph (A)
shall be an enforceable consent order or agreement
between the State and a party obligated to perform
under the consent order or agreement administered by
the State that--
(i) obligates a party to perform, after the
conveyance of the Federal land under this Act,
the remediation and reclamation work at the
Three Kids Mine Project Site necessary to
ensure all remedial actions necessary to
protect human health and the environment with
respect to any hazardous substances, pollutant,
or contaminant will be taken, in accordance
with all Federal, State, and local
requirements; and
(ii) contains provisions determined to be
necessary by the State, including financial
assurance provisions to ensure the completion
of the remedy.
(3) Notification from agency.--As a condition of the
conveyance under subsection (a), not later than 90 days after
the date of execution of the mine remediation and reclamation
agreement required under paragraph (2), the Henderson
Redevelopment Agency shall submit to the Secretary written
notification that the Henderson Redevelopment Agency is
prepared to accept conveyance of the Federal land under
subsection (a).
SEC. 4. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, for the 10-year
period beginning on the earlier of the date of enactment of this Act or
the date of the conveyance required by this Act, the Federal land is
withdrawn from all forms of--
(1) entry, appropriation, operation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and the geothermal leasing laws.
(b) Existing Reclamation Withdrawals.--Subject to valid existing
rights, any withdrawal under the public land laws that includes all or
any portion of the Federal land for which the Bureau of Reclamation has
determined that the Bureau of Reclamation has no further need under
applicable law is relinquished and revoked solely to the extent
necessary--
(1) to exclude from the withdrawal the property that is no
longer needed; and
(2) to allow for the immediate conveyance of the Federal
land as required under this Act.
(c) Existing Reclamation Project and Permitted Facilities.--Except
as provided in subsection (a), nothing in this Act diminishes, hinders,
or interferes with the exclusive and perpetual use by the existing
rights holders for the operation, maintenance, and improvement of water
conveyance infrastructure and facilities, including all necessary
ingress and egress, situated on the Federal land that were constructed
or permitted by the Bureau of Reclamation before the effective date of
this Act.
SEC. 5. ACEC BOUNDARY ADJUSTMENT.
Notwithstanding section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713), the boundary of the River
Mountains Area of Critical Environmental Concern (NVN 76884) is
adjusted to exclude any portion of the Three Kids Mine Project Site
consistent with the map.
SEC. 6. RESPONSIBILITIES OF THE PARTIES.
(a) Responsibility of Parties to Mine Remediation and Reclamation
Agreement.--On completion of the conveyance under section 3, the
responsibility for complying with the mine remediation and reclamation
agreement executed under section 3(b)(2) shall apply to the parties to
the agreement.
(b) Savings Provision.--If the conveyance under this Act has
occurred, but the terms of the agreement executed under section 3(b)(2)
have not been met, nothing in this Act--
(1) affects the responsibility of the Secretary to take any
additional response action necessary to protect public health
and the environment from a release or the threat of a release
of a hazardous substance, pollutant, or contaminant; or
(2) unless otherwise expressly provided, modifies, limits,
or otherwise affects--
(A) the application of, or obligation to comply
with, any law, including any environmental or public
health law; or
(B) the authority of the United States to enforce
compliance with the requirements of any law or the
agreement executed under section 3(b)(2). | Three Kids Mine Remediation and Reclamation Act - Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, specified federal land within the Three Kids Mine Project Site for the environmental remediation and reclamation of the Site. Requires Henderson Redevelopment Agency to pay the fair market value, if any, of the federal land, as determined and as adjusted based on remediation and reclamation costs. Excludes from the determination of fair market value any existing contamination associated with historical mining on such land. Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any part of the Project Site. | {"src": "billsum_train", "title": "Three Kids Mine Remediation and Reclamation Act"} | 2,296 | 141 | 0.570702 | 1.700246 | 0.635392 | 3.47541 | 16.811475 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Bilateral Accountability
Act of 1998''.
SEC. 2. CIVIL AVIATION AGREEMENTS.
Section 40105 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Congressional Approval.--
``(1) In general.--A civil aviation agreement that is
entered into under this section after the date of the enactment
of this subsection shall enter into force with respect to the
United States only if--
``(A) the Secretary involved transmits to Congress
a document containing a copy of the final text of the
agreement, together with an explanation of the
agreement; and
``(B) the approval resolution introduced under this
subsection with respect to the agreement is enacted
into law.
``(2) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such these provisions are deemed a part of the
rules of each House, respectively, but applicable only
with respect to the procedure to be followed in that
House in the case of approval resolutions described in
paragraph (3); and they supersede other rules only to
the extent that they are inconsistent therewith; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
``(3) Approval resolution defined.--The term `approval
resolution' means only a joint resolution of the two Houses of
Congress, the matter after the resolving clause of which is as
follows: `That Congress approves the civil aviation agreement
between the United States and ________________ transmitted by
________________ to the Congress on ________________.', the
first blank space being filled with the name of the country
involved, the second blank space being filled with the title of
the Secretary involved, and the third blank space being filled
with the appropriate date.
``(4) Introduction and referral.--On the day on which a
civil aviation agreement is transmitted to the House of
Representatives and the Senate under this subsection, an
approval resolution with respect to such agreement shall be
introduced (by request) in the House by the majority leader of
the House, for himself and the minority leader of the House, or
by Members of the House designated by the majority leader and
minority leader of the House; and shall be introduced (by
request) in the Senate by the majority leader of the Senate,
for himself and the minority leader of the Senate, or by
Members of the Senate designated by the majority leader and
minority leader of the Senate. If either House is not in
session on the day on which such an agreement is transmitted,
the approval resolution with respect to such agreement shall be
introduced in that House, as provided in the proceeding
sentence, on the first day thereafter on which that House is in
session. The approval resolution introduced in the House of
Representatives shall be referred to the Committee on
Transportation and Infrastructure and the approval resolution
introduced in the Senate shall be referred to the Committee on
Commerce, Science, and Transportation.
``(5) Amendments prohibited.--No amendment to an approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this paragraph by unanimous consent.
``(6) Period for committee and floor consideration.--
``(A) In general.--Except as provided in
subparagraph (B), if the committee of either House to
which an approval resolution has been referred has not
reported it at the close of the 60th day after its
introduction, such committee shall be automatically
discharged from further consideration of the resolution
and it shall be placed on the appropriate calendar. A
vote on final passage of the resolution shall be taken
in each House on or before the close of the 30th day
after the resolution is reported by the committee of
that House to which it was referred, or after such
committee have been discharged from further
consideration of the resolution. If prior to the
passage by one House of an approval resolution of that
House, that House receives the same approval resolution
from the other House, then--
``(i) the procedure in that House shall be
the same as if no approval resolution had been
received from the other House; but
``(ii) the vote on final passage shall be
on the approval resolution of the other House.
``(B) Computing number of days.--For the purpose of
subparagraph (A), in computing a number of days in
either House, there shall be excluded any day on which
that House is not in session.
``(7) Floor consideration in the house.--
``(A) Motion to proceed.--A motion in the House of
Representatives to proceed to the consideration of an
approval resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed
to.
``(B) Debate.--Debate in the House of
Representatives on an approval resolution shall be
limited to not more than 5 hours, which shall be
divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate shall not be debatable. It shall not be in order
to move to recommit an approval resolution or to move
to reconsider the vote by which an approval resolution
is agreed to or disagreed to.
``(C) Motions to postpone.--Motions to postpone,
made in the House of Representatives with respect to
the consideration of an approval resolution, and
motions to proceed to the consideration of other
business, shall be decided without debate.
``(D) Appeals.--All appeals from the decisions of
the Chair relating to the application of the Rules of
the House of Representatives to the procedure relating
to an approval resolution shall be decided without
debate.
``(E) Applicability of other rules.--Except to the
extent specifically provided in the preceding
provisions of this subsection, consideration of an
approval resolution shall be governed by the Rules of
the House of Representatives applicable to other bills
and resolutions in similar circumstances.
``(8) Floor consideration in the senate.--
``(A) Motion to proceed.--A motion in the Senate to
proceed to the consideration of an approval resolution
shall be privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in
order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
``(B) Debate.--Debate in the Senate on an approval
resolution, and all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours. The time shall be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
``(C) Appeals.--Debate in the Senate on any
debatable motion or appeal in connection with an
approval resolution shall be limited to not more than 1
hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except
that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority
leader or his designee. Such leaders, or either of
them, may, from time under their control on the passage
of an approval resolution, allot additional time to any
Senator during the consideration of any debatable
motion or appeal.
``(D) Motion to limit debate; motion to recommit.--
A motion in the Senate to further limit debate is not
debatable. A motion to recommit an approval resolution
is not in order.''. | Aviation Bilateral Accountability Act of 1998 - Amends Federal aviation law to require congressional approval, according to a specified procedure, of civil aviation agreements establishing air navigation (including air routes and services) between the United States and a foreign country. | {"src": "billsum_train", "title": "Aviation Bilateral Accountability Act of 1998"} | 1,776 | 54 | 0.515836 | 1.213127 | 0.339363 | 1.533333 | 38.755556 | 0.688889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Assistance Act of
2000''.
SEC. 2. CLARIFICATION OF DEFINITION OF ``CLAIMANT'' FOR PURPOSES OF
VETERANS CLAIMS.
Chapter 51 of title 38, United States Code, is amended by inserting
before section 5101 the following new section:
``Sec. 5100. Definition of `claimant'
``For purposes of this chapter, the term `claimant' means any
individual applying for, or submitting a claim for, any benefit under
the laws administered by the Secretary.''.
SEC. 3. ASSISTANCE TO CLAIMANTS.
(a) Reaffirmation and Clarification of Duty To Assist.--Chapter 51
of title 38, United States Code, is further amended by striking
sections 5102 and 5103 and inserting the following:
``Sec. 5102. Application forms furnished upon request; notice to
claimants of incomplete applications
``(a) Furnishing Forms.--Upon request made by any person claiming
or applying for, or expressing an intent to claim or apply for, a
benefit under the laws administered by the Secretary, the Secretary
shall furnish such person, free of all expense, all instructions and
forms necessary to apply for that benefit.
``(b) Incomplete Applications.--If a claimant's application for a
benefit under the laws administered by the Secretary is incomplete, the
Secretary shall notify the claimant and the claimant's representative,
if any, of the information necessary to complete the application.
``Sec. 5103. Notice to claimants of required information and evidence
``(a) Required Information and Evidence.--Upon receipt of a
complete or substantially complete application, the Secretary shall
notify the claimant and the claimant's representative, if any, of any
information, and any medical or lay evidence, not previously provided
to the Secretary that is necessary to substantiate the claim. As part
of that notice, the Secretary shall indicate which portion of that
information and evidence, if any, is to be provided by the claimant and
which portion, if any, the Secretary, in accordance with section 5103A
of this title and any other applicable provisions of law, will attempt
to obtain on behalf of the claimant.
``(b) Time Limitation.--(1) In the case of information or evidence
that the claimant is notified under subsection (a) is to be provided by
the claimant, if such information or evidence is not received by the
Secretary within 1 year from the date of such notification, no benefit
may be paid or furnished by reason of the claimant's application.
``(2) This subsection shall not apply to any application or claim
for Government life insurance benefits.
``Sec. 5103A. Duty to assist claimants
``(a) Duty To Assist.--(1) The Secretary shall make reasonable
efforts to assist a claimant in obtaining evidence necessary to
substantiate the claimant's claim for a benefit under a law
administered by the Secretary.
``(2) The Secretary is not required to provide assistance to a
claimant under this section if no reasonable possibility exists that
such assistance would aid in substantiating the claim.
``(3) The Secretary may defer providing assistance under this
section pending the submission by the claimant of essential information
missing from the claimant's application.
``(b) Assistance in Obtaining Records.--(1) As part of the
assistance provided under subsection (a), the Secretary shall make
reasonable efforts to obtain relevant records (including private
records) that the claimant adequately identifies to the Secretary and
authorizes the Secretary to obtain.
``(2) Whenever the Secretary, after making such reasonable efforts,
is unable to obtain all of the relevant records sought, the Secretary
shall notify the claimant that the Secretary is unable to obtain
records with respect to the claim. Such a notification shall--
``(A) identify the records the Secretary is unable to obtain;
``(B) briefly explain the efforts that the Secretary made to
obtain those records; and
``(C) describe any further action to be taken by the Secretary
with respect to the claim.
``(3) Whenever the Secretary attempts to obtain records from a
Federal department or agency under this subsection or subsection (c),
the efforts to obtain those records shall continue until the records
are obtained unless it is reasonably certain that such records do not
exist or that further efforts to obtain those records would be futile.
``(c) Obtaining Records for Compensation Claims.--In the case of a
claim for disability compensation, the assistance provided by the
Secretary under subsection (b) shall include obtaining the following
records if relevant to the claim:
``(1) The claimant's service medical records and, if the
claimant has furnished the Secretary information sufficient to
locate such records, other relevant records pertaining to the
claimant's active military, naval, or air service that are held or
maintained by a governmental entity.
``(2) Records of relevant medical treatment or examination of
the claimant at Department health-care facilities or at the expense
of the Department, if the claimant furnishes information sufficient
to locate those records.
``(3) Any other relevant records held by any Federal department
or agency that the claimant adequately identifies and authorizes
the Secretary to obtain.
``(d) Medical Examinations for Compensation Claims.--(1) In the
case of a claim for disability compensation, the assistance provided by
the Secretary under subsection (a) shall include providing a medical
examination or obtaining a medical opinion when such an examination or
opinion is necessary to make a decision on the claim.
``(2) The Secretary shall treat an examination or opinion as being
necessary to make a decision on a claim for purposes of paragraph (1)
if the evidence of record before the Secretary, taking into
consideration all information and lay or medical evidence (including
statements of the claimant)--
``(A) contains competent evidence that the claimant has a
current disability, or persistent or recurrent symptoms of
disability; and
``(B) indicates that the disability or symptoms may be
associated with the claimant's active military, naval, or air
service; but
``(C) does not contain sufficient medical evidence for the
Secretary to make a decision on the claim.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(f) Rule With Respect to Disallowed Claims.--Nothing in this
section shall be construed to require the Secretary to reopen a claim
that has been disallowed except when new and material evidence is
presented or secured, as described in section 5108 of this title.
``(g) Other Assistance Not Precluded.--Nothing in this section
shall be construed as precluding the Secretary from providing such
other assistance under subsection (a) to a claimant in substantiating a
claim as the Secretary considers appropriate.''.
(b) Reenactment of Rule for Claimant's Lacking a Mailing Address.--
Chapter 51 of such title is further amended by adding at the end the
following new section:
``Sec. 5126. Benefits not to be denied based on lack of mailing address
``Benefits under laws administered by the Secretary may not be
denied a claimant on the basis that the claimant does not have a
mailing address.''.
SEC. 4. DECISION ON CLAIM.
Section 5107 of title 38, United States Code, is amended to read as
follows:
``Sec. 5107. Claimant responsibility; benefit of the doubt
``(a) Claimant Responsibility.--Except as otherwise provided by
law, a claimant has the responsibility to present and support a claim
for benefits under laws administered by the Secretary.
``(b) Benefit of the Doubt.--The Secretary shall consider all
information and lay and medical evidence of record in a case before the
Secretary with respect to benefits under laws administered by the
Secretary. When there is an approximate balance of positive and
negative evidence regarding any issue material to the determination of
a matter, the Secretary shall give the benefit of the doubt to the
claimant.''.
SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER FEDERAL
DEPARTMENTS AND AGENCIES.
Section 5106 of title 38, United States Code, is amended by adding
at the end the following new sentence: ``The cost of providing
information to the Secretary under this section shall be borne by the
department or agency providing the information.''.
SEC. 6. CLERICAL AMENDMENTS.
The table of sections at the beginning of chapter 51 of title 38,
United States Code, is amended--
(1) by inserting before the item relating to section 5101 the
following new item:
``5100. Definition of `claimant'.'';
(2) by striking the items relating to sections 5102 and 5103
and inserting the following:
``5102. Application forms furnished upon request; notice to claimants of
incomplete applications.
``5103. Notice to claimants of required information and evidence.
``5103A. Duty to assist claimants.'';
(3) by striking the item relating to section 5107 and inserting
the following:
``5107. Claimant responsibility; benefit of the doubt.'';
and
(4) by adding at the end the following new item:
``5126. Benefits not to be denied based on lack of mailing address.''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as specifically provided otherwise, the
provisions of section 5107 of title 38, United States Code, as amended
by section 4 of this Act, apply to any claim--
(1) filed on or after the date of the enactment of this Act; or
(2) filed before the date of the enactment of this Act and not
final as of that date.
(b) Rule for Claims the Denial of Which Became Final After the
Court of Appeals for Veterans Claims Decision in the Morton Case.--(1)
In the case of a claim for benefits denied or dismissed as described in
paragraph (2), the Secretary of Veterans Affairs shall, upon the
request of the claimant or on the Secretary's own motion, order the
claim readjudicated under chapter 51 of such title, as amended by this
Act, as if the denial or dismissal had not been made.
(2) A denial or dismissal described in this paragraph is a denial
or dismissal of a claim for a benefit under the laws administered by
the Secretary of Veterans Affairs that--
(A) became final during the period beginning on July 14, 1999,
and ending on the date of the enactment of this Act; and
(B) was issued by the Secretary of Veterans Affairs or a court
because the claim was not well grounded (as that term was used in
section 5107(a) of title 38, United States Code, as in effect
during that period).
(3) A claim may not be readjudicated under this subsection unless a
request for readjudication is filed by the claimant, or a motion is
made by the Secretary, not later than 2 years after the date of the
enactment of this Act.
(4) In the absence of a timely request of a claimant under
paragraph (3), nothing in this Act shall be construed as establishing a
duty on the part of the Secretary of Veterans Affairs to locate and
readjudicate a claim described in this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires, in the case of a veteran's claim for disability compensation, the Secretary to: (1) obtain the claimant's service medical records and, if the claimant has furnished sufficient information, other relevant service records, existing records of relevant medical treatment or examination at Department of Veterans Affairs health care facilities or at the expense of the Department, and any other relevant records held by a Federal department or agency; and (2) provide a medical examination or obtain a medical opinion when the evidence indicates that the claimant has a current disability, or persistent or recurrent symptoms of disability, which may be associated with active military service, but does not contain sufficient medical evidence for the Secretary to make a decision on the claim.(Sec. 4) Places on the claimant the burden of proving entitlement to benefits (currently, of submitting evidence to justify a belief by a fair and impartial individual that the claim is well grounded).(Sec. 5) Requires the Federal department or agency providing information under this Act to bear its costs.(Sec. 7) Provides for: (1) the applicability of provisions of this Act concerning the burden of proof to claims filed before, or not final as of, the date of enactment of this Act; and (2) the readjudication of claims for benefits that were denied, because the claims were not well grounded, during the period between July 14, 1999, and this Act's enactment date. | {"src": "billsum_train", "title": "Veterans Claims Assistance Act of 2000"} | 2,584 | 317 | 0.541294 | 1.724652 | 0.65716 | 3.199262 | 8.704797 | 0.904059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve Soft
Landing Reintegration Act''.
SEC. 2. RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF RESERVES
FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS
OR HOMELAND DEFENSE MISSIONS.
(a) In General.--Chapter 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12323. Reserves: retention on active duty after demobilization
following extended deployments in contingency operations
or homeland defense missions
``(a) In General.--A member of a reserve component of the Armed
Forces described in subsection (b) shall be retained on active duty in
the Armed Forces for a period of 90 days following the conclusion of
the member's demobilization from a deployment as described in that
subsection, and shall be authorized the use of any accrued leave.
``(b) Covered Members.--A member of a reserve component of the
Armed Forces described in this subsection is any member of a reserve
component of the Armed Forces who was deployed for more than 179 days
under the following:
``(1) A contingency operation.
``(2) A homeland defense mission (as specified by the
Secretary of Defense for purposes of this section).
``(c) Pay and Allowances.--Notwithstanding any other provision of
law, a member on active duty under subsection (a) shall be paid pay and
allowances as follows:
``(1) For the first 30 days during which the member is so
retained on active duty--
``(A) the basic pay payable to a member of the
Armed Forces under section 204 of title 37 in the same
pay grade as the member;
``(B) the basic allowance for subsistence payable
under section 402 of title 37; and
``(C) the basic allowance for housing payable under
section 403 of title 37 for a member in the same pay
grade, geographic location, and number of dependents as
the member.
``(2) For the second 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 75 percent of the rates
otherwise payable as described in that paragraph.
``(3) For the third 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 50 percent of the rates
otherwise payable as described in that paragraph.
``(d) Release From Active Duty.--(1) A member retained on active
duty under subsection (a) may be released from active duty at the
request of the member at any time following the end of the 15-day
period commencing on the date the member is retained on active duty
under subsection (a).
``(2) The request of a member for release from active duty under
this subsection shall be subject to the approval of the officer in the
chain of command of the member in grade O-5.
``(e) Reintegration Counseling and Services.--(1) The Secretary of
the military department concerned shall provide each member retained on
active duty under subsection (a), while the member is so retained on
active duty, counseling and services to assist the member in
reintegrating into civilian life.
``(2) The counseling and services provided members under this
subsection shall include the following:
``(A) Physical and mental health evaluations.
``(B) Employment counseling and assistance.
``(C) Marriage and family counseling and assistance.
``(D) Financial management counseling.
``(E) Education counseling.
``(F) Counseling and assistance on benefits available to
the member through the Department of Defense and the Department
of Veterans Affairs.
``(3) The Secretary of the military department concerned shall
provide, to the extent practicable, for the participation of
appropriate family members of members retained on active duty under
subsection (a) in the counseling and services provided such members
under this subsection.
``(4) The counseling and services provided to members under this
subsection shall, to the extent practicable, be provided at National
Guard armories and similar facilities close the residences of such
members.
``(5) Counseling and services provided a member under this
subsection shall, to the extent practicable, be provided in
coordination with the Yellow Ribbon Reintegration Program of the State
concerned under section 582 of the National Defense Authorization Act
for Fiscal Year 2008 (10 U.S.C. 10101 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of such title is amended by adding at the end the
following new item:
``12323. Reserves: retention on active duty after demobilization
following extended deployments in
contingency operations or homeland defense
missions.''. | National Guard and Reserve Soft Landing Reintegration Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 90 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances.
Allows a member to be released from such retention if the member requests release after the first 15 days of the retention.
Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to provide for the retention on active duty after demobilization of members of the reserve components of the Armed Forces following extended deployments in contingency operations or homeland defense mission, and for other purposes."} | 1,088 | 165 | 0.586562 | 1.660074 | 0.720327 | 3.388489 | 7.460432 | 0.956835 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Protection Act
of 2010''.
SEC. 2. PREVENTING ADMISSION OF ALIENS CONVICTED OF SEX OFFENSES
AGAINST MINORS.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Sex offenders.--
``(i) In general.--Any alien convicted of,
or who admits having committed, or who admits
committing acts which constitute the essential
elements of, a sex offense is inadmissible.
``(ii) Definitions.--
``(I) In general.--For purposes of
clause (i), the term `sex offense'
means a criminal offense, including a
Federal offense, against a minor that
involves any of the following:
``(aa) Solicitation to
engage in sexual conduct.
``(bb) Use in a sexual
performance.
``(cc) Solicitation to
practice prostitution (whether
for financial or other forms of
remuneration).
``(dd) Video voyeurism as
described in section 1801 of
title 18, United States Code.
``(ee) Possession,
production, or distribution of
child pornography.
``(ff) Criminal sexual
conduct involving a minor, or
the use of the Internet to
facilitate or attempt such
conduct.
``(gg) Sex trafficking of
children as described in
section 1591 of title 18,
United States Code.
``(hh) Transporting a minor
in interstate or foreign
commerce, or in any
commonwealth, territory, or
possession of the United
States, with intent that the
individual engage in
prostitution, or in any sexual
activity for which any person
can be charged with a criminal
offense.
``(ii) Any other conduct
that by its nature is a sex
offense against a minor.
``(II) Exceptions.--The term `sex
offense' shall not include the
following:
``(aa) A foreign conviction
if it was not obtained with
sufficient safeguards for
fundamental fairness and due
process for the accused under
guidelines or regulations
established under section 112
of the Sex Offender
Registration and Notification
Act (title I of Public Law 109-
248; 42 U.S.C. 16911).
``(bb) An offense involving
consensual sexual conduct if
the victim was at least 13
years old and the offender was
not more than 4 years older
than the victim.
``(III) Minor.--For purposes of
subclause (I), the term `minor' means
an individual who has not attained the
age of 18 years.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the Secretary of Homeland
Security, the Attorney General, and the Secretary of State should work
with law enforcement agencies of foreign countries and appropriate
international organizations to establish information reporting
mechanisms sufficient to enable the implementation of the amendment
made by section 2. | International Child Protection Act of 2010 - Amends the Immigration and Nationality Act to make aliens convicted of sex offenses against minors inadmissible to the United States.
Expresses the sense of Congress that the Secretary of Homeland Security (DHS), the Attorney General, and the Secretary of State should work with foreign law enforcement agencies and international organizations to establish related information reporting mechanisms. | {"src": "billsum_train", "title": "To render inadmissible to the United States aliens who have been convicted of a sex offense against a minor, and for other purposes."} | 708 | 86 | 0.41009 | 1.026949 | 0.482901 | 3.942857 | 9.085714 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Gambling Prohibition Act of
1998''.
SEC. 2. DEFINITIONS.
Section 1081 of title 18, United States Code, is amended--
(1) in the matter immediately following the colon, by
designating the first 5 undesignated paragraphs as paragraphs
(1) through (5), respectively, and moving the indentation of
each paragraph 2 ems to the right;
(2) in paragraph (5), as so designated--
(A) by striking ``wire communication'' and
inserting ``communication'';
(B) by striking ``transmission of writings'' and
inserting ``transmission or receipt of data,
writings''; and
(C) by striking ``or other like'' and all that
follows before the period and inserting ``radio,
electromagnetic, photo-optical, photoelectric, or other
similar facility''; and
(3) by adding at the end the following:
``(6) The term `bets or wagers'--
``(A) means the staking or risking by any person of
something of value (other than in a de minimis amount)
upon the outcome of a contest or game predominantly
subject to chance, upon an agreement or understanding
that the person or another person will receive
something of greater value than the amount staked or
risked in the event of a certain outcome;
``(B) includes the purchase of a chance or
opportunity to win a lottery or other prize if the
opportunity to win is predominantly subject to chance
and the purchase requires a consideration that is not
in a de minimis amount; and
``(C) does not include--
``(i) a bona fide business transaction
governed by the securities laws (as that term
is defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(47))) for the purchase or sale at a
future date of securities (as that term is
defined in section 3(a)(10) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
``(ii) a contract of indemnity or
guarantee;
``(iii) a contract for life, health, or
accident insurance;
``(iv) a transaction on or subject to the
rules of a contract market designated pursuant
to section 5 of the Commodity Exchange Act (7
U.S.C. 7); or
``(v) participation in a simulation sports
game or an educational game or contest that--
``(I) is not dependent solely on
the outcome of any single sporting
event or nonparticipant's singular
individual performance;
``(II) has an outcome that reflects
the relative knowledge and skill of the
participants; and
``(III) offers a prize or award to
a participant that is established in
advance of the game or contest and is
not determined by the number of
participants or the amount of any fees
paid by those participants.
``(7) The term `information assisting in the placing of
bets or wagers'' means information that is--
``(A) sent by a person engaged in the business of
betting or wagering that is necessary in order for the
recipient to place a bet or wager by means of a
communication facility being used in interstate or
foreign commerce; or
``(B) intended by the sender to be used by a person
engaged in the business of betting or wagering to
accept or place a bet or wager.''.
SEC. 3. TRANSMISSION OF WAGERING INFORMATION; PENALTIES.
(a) In General.--Section 1084 of title 18, United States Code, is
amended by striking subsections (a) through (d) and inserting the
following:
``(a) In General.--
``(1) Persons engaged in the business of betting or
wagering.--Whoever, being engaged in the business of betting or
wagering knowingly uses a communication facility for the
transmission or receipt in interstate or foreign commerce of
bets or wagers, information assisting in the placing of bets or
wagers, or a communication that entitles the transmitter or
receiver to the opportunity to receive money or credit as a
result of bets or wagers made using a communication facility in
interstate or foreign commerce, shall be fined under this title
or imprisoned not more than 4 years, or both.
``(2) Other persons.--Whoever (other than a person
described in paragraph (1) or a common carrier subject to the
jurisdiction of the Federal Communications Commission)
knowingly uses a communication facility with the intent to
initiate or receive in interstate or foreign commerce the
transmission of bets or wagers, information assisting in the
placing of bets or wagers, or a communication that entitles the
transmitter or receiver to the opportunity to receive money or
credit as a result of bets or wagers, shall be fined under this
title or imprisoned not more than 6 months, or both.
``(b) Exceptions.--
``(1) News reporting; legal bets and wagers.--Nothing in
this section shall be construed to prohibit the transmission or
receipt in interstate or foreign commerce of--
``(A) information for use in the news reporting or
analysis of any wagering activity, including odds,
racing or event results, schedules, or categories of
wagering;
``(B) educational material relating to betting or
wagering;
``(C) information assisting in the placing of bets
or wagers, or parimutuel bets or wagers conducted by an
interactive computer service, if such betting or
wagering--
``(i) is legal in the State or foreign
country in which the transmission originates;
and
``(ii) is legal in each State and each
foreign country in which the sender intends the
transmission to be received for the purposes of
betting or wagering; or
``(D) advertising, promotion, or other
communication by, or authorized by, anyone licensed to
operate a gambling business in a State.
``(2) Interactive computer service.--Subsection (a) does
not impose liability on an interactive computer service
provider whose facilities or services are used by another
person to engage in activity prohibited by that subsection--
``(A) arising out of the provider's provision of
communications services, if--
``(i) the communication was initiated by or
at the direction of a person other than the
provider;
``(ii) the transmission, receipt, routing,
or providing of connection is carried out
through an automatic process without selection
of the communicated information by the
provider; and
``(iii) the provider does not select the
recipients of the information, except as an
automatic response; or
``(B) if the provider does not intend the use of
its facility for a violation of this section, and, with
respect to material or information residing on the
provider's system, the provider--
``(i) complies with subsection (c)(2) with
respect to the particular material or
information at issue; and
``(ii) makes available on its web site, in
a location accessible to the public, the name
address, phone number, and electronic mail
address of an agent designated to receive
notices under subsection (c)(2).
``(3) State law.--Nothing in this section shall be
construed to preempt any State law.''.
``(c) Duties of Common Carriers and Interactive Computer Service
Providers.--
``(1) Notice to common carriers.--If any common carrier,
subject to the jurisdiction of the Federal Communications
Commission, is notified in writing by a Federal, State, or
local law enforcement agency, acting within its jurisdiction,
that any facility furnished by it is being used or will be used for the
purpose of transmitting or receiving gambling information in interstate
or foreign commerce in violation of Federal, State, or local law, it
shall discontinue or refuse, the leasing, furnishing, or maintaining of
such facility, after reasonable notice to the subscriber, but no
damages, penalty or forfeiture, civil or criminal, shall be found
against any common carrier for any act done in compliance with any
notice received from a law enforcement agency.
``(2) Notice to interactive computer service providers.--If
any interactive computer service provider is notified by a
Federal, State, or local law enforcement agency, acting within
its jurisdiction, through receipt of written or electronic
notice that a particular online site residing on the provider's
system or network is being used or will be used for the purpose
of engaging in the business of betting or wagering or for
displaying information assisting in the placing of bets or
wagers in interstate or foreign commerce in violation of
Federal, State, or local law, the provider shall cease or
refuse providing access to the material or information that
allegedly violates this section residing at that online site,
but no civil or criminal liability shall be found against any
interactive computer service provider for any act done in
compliance with any notice received from a law enforcement
agency. Such notice shall identify the business or information
that allegedly violates this section, and must--
``(A) be supplied to a service provider's agent if
one is designated under this section and information
regarding such designation is readily available to the
public; and
``(B) provide information reasonably sufficient to
permit the provider to locate such material or
information.
``(3) Injunctive relief.--Except as provided in paragraph
(4), any State or local law enforcement agency acting within
its jurisdiction, may, following the issuance of a notice under
this subsection, in a civil action, obtain an injunction or
other appropriate relief preventing the use of the common
carrier or interactive computer service provider for the
purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of State or local
law.
``(4) Limitation on injunctive relief against an
interactive computer service provider.--In the case of any
application for an injunction against an interactive computer
service provider to prevent a violation by another person of
this section--
``(A) arising out of the provider's transmitting,
routing, or providing connections for an activity or
information that is prohibited by this section, or
performing the intermediate and transient storage of
such material or activity in the course of such
transmitting, routing, or providing connections, the
injunctive relief is limited to--
``(i) an order restraining the provider
from providing access to an identified
subscriber of the interactive computer service
provider's system or network, who is using that
access to violate this section by terminating
the specified accounts of such subscriber; and
``(ii) an order restraining the provider
from providing access, by taking reasonable
steps specified in the order to block access to
a specific, identified, foreign online
location.
``(B) with respect to conduct other than that which
qualifies for the limitation on remedies set forth in
subparagraph (A), the injunctive relief is limited to--
``(i) an order restraining the provider
from providing access to information or
material that violates this section residing at
a particular online site on the provider's
system or network;
``(ii) an order restraining the provider
from providing access to a subscriber of the
interactive computer service's system or
network, who is identified in the order and who
is using such service to engage in a gambling
business or to initiate a transmission that
violates this section by terminating the
specified accounts of such subscriber; or
``(iii) such other injunctive remedies as
the court considers necessary to prevent or
restrain specified activity or information that
is prohibited by this section at a particular
online location that are the least burdensome
to the provider that are comparably effective
for that purpose.
``(C) Considerations.--The court, in determining
appropriate injunctive relief, shall consider--
``(i) whether such an injunction, either
alone or in combination with other such
injunctions issued against the same provider,
would significantly burden either the provider
or the operation of the provider's system or
network;
``(ii) the magnitude of the harm likely to
be realized by law enforcement if the
injunction is not granted;
``(iii) whether implementation of such an
injunction would be technically feasible and
effective, and would not interfere with access
to lawful material at other online locations;
``(iv) whether other less burdensome and
comparably effective means of preventing or
restraining access to the illegal activity are
available; and
``(v) the magnitude of the harm likely to
be suffered by the community through the
accessibility of illegal activity.
``(D) Notice and ex parte orders.--Injunctive
relief under this subsection shall not be available
without notice to the service provider and an
opportunity for such provider to appear before the
court, except for orders ensuring the preservation of
evidence or other orders having no material adverse
effect on the operation of the service provider's
communications network.''.
(b) Stylistic Amendment.--Subsection (e) of section 1084 of title
18, United States Code, is amended--
(1) by inserting ``Definition.--'' after ``(e)''; and
(2) by redesignating the subsection as subsection (d). | Internet Gambling Prohibition Act of 1998 - Amends the Federal criminal code to prescribe penalties to be imposed against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions, including for information for use in news reporting.
Sets forth provisions regarding duties of common carriers and interactive computer service providers upon being notified by a Federal, State, or local law enforcement agency of violations. Provides for injunctive relief, subject to specified limitations. | {"src": "billsum_train", "title": "Internet Gambling Prohibition Act of 1998"} | 2,978 | 198 | 0.40624 | 1.236411 | 0.782165 | 5.04321 | 17.154321 | 0.895062 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generational Residences and
Nurturing Dwellings Act'' or the ``GRAND Act''.
SEC. 2. ASSISTANCE FOR SPECIALIZED HOUSING FOR ELDERLY CAREGIVERS.
(a) Establishment.--There is established in the Department of
Housing and Urban Development a program to provide assistance to
eligible nonprofit organizations to expand the supply of specialized
housing for qualified relatives raising a child.
(b) Rule of Construction.--Nothing in this Act shall preclude a
recipient of assistance under a program established under subsection
(a) from applying for or receiving financial assistance under any other
program established in the Department of Housing and Urban Development.
(c) Application.--
(1) In general.--To be eligible to receive assistance under
the program established under subsection (a), an eligible
nonprofit organization 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 how the eligible nonprofit organization will
serve the housing needs of low-income families in a particular
geographic area.
(2) Tenant-based rental assistance.--To be eligible to
receive assistance to provide tenant-based rental assistance as
described in subsection (d)(2), an application submitted under
paragraph (1) shall include assurances that the eligible
nonprofit organization will coordinate with a public housing
agency in administering any such assistance received under this
Act, as required by the Secretary.
(d) Priority.--In providing assistance under this section, the
Secretary shall give priority to eligible nonprofit organizations that
plan to use such assistance as described in paragraph (1) or (2) of
subsection (f).
(e) Limit on Organizations Selected.--For each fiscal year, the
Secretary may select not more than 5 eligible nonprofit organizations
to receive assistance under the program under this section.
(f) Use of Funds.--A recipient of assistance under this program
shall use such assistance for the following purposes:
(1) New housing.--To finance the construction,
reconstruction, moderate or substantial rehabilitation, or
acquisition of a structure or a portion of a structure to be
used as specialized housing.
(2) Operational expenses and supportive services.--To
provide assistance for ongoing operational expenses of any
specialized housing, including costs of supportive services
required for such housing.
(3) Rental voucher assistance.--To provide tenant-based
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for entities that meet
the requirements under such section for use only by qualified
relatives who are raising a child and are eligible for such
assistance for rental of a dwelling unit that qualifies as
specialized housing.
(4) Elderly housing project rental assistance.--To provide
project rental assistance under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(b)(2)) for entities that
meet the requirements under such section in connection with
dwelling units that--
(A) qualify as specialized housing; and
(B) are made available for occupancy only by
qualified relatives who are raising a child and are
eligible for occupancy in such housing, except that
notwithstanding section 202(k)(1) of the Housing Act of
1959 (12 U.S.C. 1701q(k)(1)), such qualified relatives
may include elderly persons (as such term is defined in
section 3 of this Act).
SEC. 3. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who--
(A) is not attending school and is not more than 18
years of age; or
(B) is attending school and is not more than 19
years of age.
(2) Elderly person.--The term ``elderly person'' means a
person who is 60 years of age or more.
(3) Eligible nonprofit organization.--
(A) In general.--The term ``eligible nonprofit
organization'' means an organization that--
(i) provides specialized housing and
supportive services for qualified relatives who
are raising a child; and
(ii) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt
from tax under section 501(a) of such Code.
(B) Political divisions included.--Such term
includes organizations that provide such services in
each of the several States, the District of Columbia,
and any commonwealth, territory, or possession of the
United States.
(4) Low-income families.--The term ``low-income families''
has the meaning given such term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(5) Qualified relative.--
(A) In general.--The term ``qualified relative''
means an individual who is an elderly person and, with
respect to a child, who--
(i) is not a parent of the child by blood
or marriage; and
(ii) is--
(I) a relative of the child by
blood or marriage; or
(II) a legal guardian of the child.
(B) Adopted children.--In the case of a child who
was adopted, the term includes an individual who, by
blood or marriage, is a relative of the family who
adopted the child.
(6) Raising a child.--The term ``raising a child'' means,
with respect to an individual, that the individual--
(A) resides with the child; and
(B) is the primary caregiver (or is, together with
a spouse or other household member, a primary
caregiver) for the child--
(i) because the biological or adoptive
parents of the child do not reside with the
child or are unable or unwilling to serve as
the primary caregiver for the child; and
(ii) regardless of whether the individual
has a legal relationship to the child (such as
guardianship or legal custody).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(8) Specialized housing.--The term ``specialized housing''
means housing that--
(A) is affordable (as the Secretary shall define
for purposes of this Act) for low-income families;
(B) is restricted to occupancy only by low-income
families;
(C) is designed to meet the special physical needs
of elderly persons;
(D) accommodates the provision of supportive
services that are expected to be needed, either
initially or over the useful life of the housing, by
elderly persons and children that the housing is
intended to serve; and
(E) provides a range of such services that are
tailored to the needs of elderly persons and children
occupying such housing.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2015 through 2019. | Generational Residences and Nurturing Dwellings Act or the GRAND Act Establishes in the Department of Housing and Urban Development (HUD) a program to provide assistance for each fiscal year to up to five eligible nonprofit organizations to expand the supply of specialized housing and social services for qualified elderly relatives, age 60 or older, who are raising a child of whom they are not a parent either by blood or marriage. States that nothing in this Act shall preclude a recipient of such assistance from applying for or receiving financial assistance under any other HUD program. Provides such assistance in the form of: financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing; tenant-based rental (voucher) assistance under the United States Housing Act of 1937 for entities meeting certain criteria for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing; elderly housing project rental assistance under the Housing Act of 1959 for entities entities meeting certain criteria in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and help with ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing. | {"src": "billsum_train", "title": "GRAND Act"} | 1,528 | 296 | 0.681098 | 1.873936 | 0.751165 | 4.996212 | 5.268939 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artificial Reef Promotion Act of
2013''.
SEC. 2. PERMITS FOR CONSTRUCTION AND MANAGEMENT OF ARTIFICIAL REEFS.
Section 205 of the National Fishing Enhancement Act of 1984 (33
U.S.C. 2104) is amended--
(1) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Action on Permits.--
``(1) In general.--In issuing a permit for an artificial
reef under section 10 of the Act entitled `An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes', approved March 3, 1899 (commonly known as the
`Rivers and Harbors Appropriation Act of 1899') (33 U.S.C.
403), section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344), or section 4(e) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1333(e)), the Secretary shall--
``(A) consult with and consider the views of
appropriate Federal agencies, States, local
governments, and other interested parties;
``(B) ensure that the provisions for siting,
constructing, monitoring, and managing the artificial
reef are consistent with the criteria and standards
established under this Act;
``(C) ensure that the title to the artificial reef
construction material is unambiguous, and that
responsibility for maintenance and the financial
ability to assume liability for future damages are
clearly established;
``(D) ensure that a State assuming liability under
subparagraph (C) has established an artificial reef
maintenance fund; and
``(E) consider the plan developed under section 204
and notify the Secretary of Commerce of any need to
deviate from that plan.
``(2) Regulations.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the Directors
shall promulgate regulations that expedite the review
of a final application such that a decision is rendered
not later than 150 days after the date on which the
application is submitted.
``(B) Regulations promulgated by the commanding
general.--Not later than 180 days after the date of
enactment of the Artificial Reef Promotion Act of 2013,
the Commanding General shall promulgate regulations
that expedite the review of a final application by the
Secretary such that a decision is rendered not later
than 120 days after the date on which the application
is submitted.
``(b) Siting.--
``(1) Number.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Artificial Reef Promotion Act
of 2013, the Commanding General shall, in consultation
with the Directors and appropriate State agencies,
designate not fewer than 20 artificial reef planning
areas.
``(B) Gulf states.--Of the artificial reef planning
areas described in subparagraph (A)--
``(i) 6 shall be located outside the
seaward boundary of the State of Texas;
``(ii) 6 shall be located outside the
seaward boundary of the State of Louisiana;
``(iii) 3 shall be located outside the
seaward boundaries of the State of Alabama and
State of Mississippi; and
``(iv) 5 shall be located outside the
seaward boundary of the State of Florida.
``(C) Inclusions.--The sites described in
subparagraph (A) include any artificial reef planning
area existing on the day before the date of enactment
of the Artificial Reef Promotion Act of 2013 if the
boundaries and area of the site are modified to meet
the requirements of this Act.
``(2) Boundaries and proximity to shoreline.--
``(A) In general.--The Directors shall, in
consultation with the Commanding General and
appropriate State agencies--
``(i) ensure that each artificial reef
planning area described in paragraph (1)(A)--
``(I) is sited a reasonable
proximity to the shoreline, as
determined by the Directors; and
``(II) includes as many platforms
as practical, as determined by the
Directors; and
``(ii) determine the appropriate size and
boundaries for each site.
``(B) Minimum area.--
``(i) In general.--Each artificial reef
planning area described in paragraph (1)(A)
shall be not smaller than 12 contiguous lease
blocks.
``(ii) Application.--Clause (i) shall apply
to any artificial reef planning area existing
before, on, or after the date of enactment of
the Artificial Reef Promotion Act of 2013.
``(3) Distance between sites.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Artificial Reef Promotion
Act of 2013, the Director of the Bureau of Safety and
Environmental Enforcement shall promulgate a regulation
that regulates the distance between platforms used as
artificial reefs.
``(B) Maximum.--The distance contained in the
regulation described in subparagraph (A) shall be not
greater than 2 miles.
``(4) Depth.--
``(A) In general.--Of the artificial reef planning
areas described in paragraph (1)(A)--
``(i) not fewer than 10 shall be located at
a water depth of--
``(I) not less than 100 feet; and
``(II) not greater than 200 feet;
and
``(ii) not fewer than 10 shall be located
at a water depth of greater than 200 feet.
``(B) Sites in water depth of not greater than 100
feet.--The Commanding General shall, in consultation
with the Directors and appropriate State agencies,
designate artificial reef planning areas, where
practicable, at a water depth of not greater than 100
feet.
``(5) Requirements for permittees.--
``(A) In general.--A person to whom a permit is
issued under subsection (a)(1) shall--
``(i) construct the artificial reef in an
artificial reef site located in an artificial
reef planning area described in paragraph
(1)(A);
``(ii) comply with--
``(I) any regulation promulgated by
the Director of the Bureau of Safety
and Environmental Enforcement relating
to reef planning;
``(II) the plan developed under
section 204; and
``(III) any applicable plan
developed by a State; and
``(iii) if the person owns platforms, not
later than 180 days after the date on which the
Commanding General designates the artificial
reef planning areas under paragraph (1), submit
to the Director of the Bureau of Safety and
Environmental Enforcement and appropriate State
agencies notice that identifies 20 percent of
the platforms to be used as artificial reefs.
``(B) Donated platforms.--
``(i) In general.--A person described in
subparagraph (A)(iii) shall include in a final
application the artificial reef planning area
and the artificial reef site in which the
platforms described in subparagraph (A)(iii)
will be located.
``(ii) Depth.--The area and site described
in clause (i) shall be consistent with the
depth requirements in paragraph (4).
``(iii) Area or site filled to capacity.--
If the Director of the Bureau of Safety and
Environmental Enforcement or appropriate State
agency determines that the area or site chosen
by the person under clause (i) is filled to
capacity, the person shall choose a different
area or site.
``(6) Regulations.--
``(A) Capacity of reef sites.--No regulation shall
require that an artificial reef planning area described
in paragraph (1)(A) be filled to capacity with
platforms before another artificial reef planning area
is established.
``(B) Minimum water depth.--
``(i) In general.--The Secretary shall, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, promulgate regulations for the
minimum water depth required to cover an
artificial reef.
``(ii) Depth not greater than 85 feet.--If
the minimum water depth described in clause (i)
is not greater than 85 feet, the Secretary of
the department in which the Coast Guard is
operating shall--
``(I) evaluate each artificial reef
site to ensure that the site is
properly marked to reduce any
navigational hazard;
``(II) not later than 30 days on
which a final application is submitted,
review the application to ensure that
the artificial reef site will contain
the markings described in subclause
(I);
``(III) indicate on appropriate
nautical charts the location of each
artificial reef planning area and
artificial reef site; and
``(IV) provide mariners with notice
of the location of each artificial reef
site in a manner that the Secretary of
the department in which the Coast Guard
is operating determines is appropriate.
``(7) Review.--Not later than 3 years after the date of
enactment of the Artificial Reef Promotion Act of 2013, the
Director of the Bureau of Safety and Environmental Enforcement,
shall review the artificial reef planning areas described in
paragraph (1)(A) to determine the effectiveness of using
decommissioned platforms as artificial reefs.
``(c) Preference Given to Applications Seeking To Use
Decommissioned Platforms as Artificial Reefs.--The Regional Supervisor
shall give preference to a final application.
``(d) Regulations Governing Decommissioned Platforms.--Any
regulation in effect on the date of enactment of the Artificial Reef
Promotion Act of 2013 that governs the decommissioning or removal of a
platform that is not being decommissioned for use as an artificial reef
shall continue to govern the decommissioning or removal of the
platform.''.
SEC. 3. DEFINITIONS.
Section 206 of the National Fishing Enhancement Act of 1984 (33
U.S.C. 2105) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Artificial reef.--The term `artificial reef' means a
structure that is constructed or placed in the Gulf of Mexico
for the purpose of enhancing fishery resources and commercial
and recreational fishing opportunities.
``(3) Artificial reef planning area.--The term `artificial
reef planning area' means a designated area within which
artificial reef sites may be located when--
``(A) a person obtains all appropriate permits; and
``(B) each platform located in the artificial reef
site is appropriately prepared.
``(4) Artificial reef site.--The term `artificial reef
site' means an area within an artificial reef planning area
that has been cleared to have decommissioned platforms placed
in the boundaries of the artificial reef planning area to be
used as an artificial reef.
``(5) Commanding general.--The term `Commanding General'
means the Commanding General of the Corps of Engineers.
``(6) Decommissioning.--The term `decommission' includes
removing and moving a platform to an artificial reef site.
``(7) Directors.--The term `Directors' means--
``(A) the Director of the Bureau of Safety and
Environmental Enforcement; and
``(B) the Director of the Bureau of Ocean Energy
Management.
``(8) Final application.--The term `final application'
means a final application submitted to dispose of or remove a
platform for use as an artificial reef under section
250.1727(g) of title 30, Code of Federal Regulations (or
successor regulations).
``(9) Platform.--The term `platform' means an offshore oil
and gas platform in the Gulf of Mexico.
``(10) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 4. SAVINGS CLAUSES.
Section 208 of the National Fishing Enhancement Act of 1984 (33
U.S.C. 2106) is amended by adding after subsection (b) the following:
``(c) Miscellaneous.--Nothing in this Act shall--
``(1) hinder or invalidate--
``(A) the transfer of liability to the person to
whom title of a platform is transferred when the
platform is donated or becomes an artificial reef; and
``(B) any term or condition of any existing lease;
and
``(2) require that--
``(A) a platform be left standing above the surface
of the water; and
``(B) an owner of a platform notify any party,
other than the Directors and the appropriate State
agencies that coordinate with the Commanding General,
of any plan to decommission a platform before
abandonment operations commence.''. | Artificial Reef Promotion Act of 2013 - Amends the National Fishing Enhancement Act of 1984 to require the Secretary of the Army, in issuing a permit for artificial reefs, to ensure that a state assuming liability for future damages has established an artificial reef maintenance fund. Requires the Director of the Bureau of Safety and Environmental Enforcement and the Director of the Bureau of Ocean Energy Management to promulgate regulations that expedite the review of a final application submitted to dispose of or remove an offshore oil and gas platform in the Gulf of Mexico for use as an artificial reef by requiring that a decision be made within 150 days after the submission of such application. Requires the Commanding General of the Corps of Engineers to promulgate regulations that expedite the review of a final application by the Secretary by requiring a decision to be given within 120 days after the submission of such application. Directs the Commanding General to designate no fewer than 20 artificial reef planning areas. Specifies location and depth requirements for such artificial reefs, including the number of areas that should be located outside the seaward boundary of each of the Gulf states. Revises siting compliance requirements imposed upon permittees. Prohibits regulations from requiring an artificial reef planning area to be filled to capacity with offshore oil and gas platforms in the Gulf of Mexico before another artificial reef planning area is established. Requires the Regional Supervisor to give preference to a final application submitted to dispose of or remove a platform for use as an artificial reef. | {"src": "billsum_train", "title": "Artificial Reef Promotion Act of 2013"} | 2,878 | 332 | 0.559571 | 1.647559 | 0.889398 | 4.029197 | 9.635036 | 0.912409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Nuclear
Employees Exposure Compensation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal nuclear activities have long been explicitly
recognized by the Government as an ultra-hazardous activity
under law.
(2) Since the inception of the Federal nuclear weapons
program, the Department of Energy and its predecessors have
self-regulated worker safety and health, which places a unique
responsibility upon the Department to ensure a safe working
environment.
(3) Since the inception of the nuclear weapons program,
nuclear workers at sites operated by the Department of Energy
and its predecessor agencies were put at risk of exposure to
harmful substances without the knowledge or consent of the
workers.
(4) For decades the Department of Energy and its
predecessor agencies withheld information about worker health
risks for reasons that were not in the national interest--while
actively resisting efforts by workers to seek compensation.
(5) The Department of Energy currently does not have
accurate and complete records of exposure to radioactive and
hazardous substances--which unfairly places the burden of proof
of harm upon workers.
(6) Current remedies under State compensation programs are
ill-suited to address chronic diseases and those that have long
latency periods which are associated with exposure to
radioactive and hazardous substances at Department of Energy
facilities.
(7) Scientific evidence shows that ionizing radiation is a
carcinogenic substance and that specific types of cancer are
considered radiogenic by the scientific and medical community.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Department of energy.--The term ``Department of
Energy'' includes the predecessor agencies of the Department.
(2) DOE nuclear employee.--The term DOE nuclear employee``
means an individual employed by--
(A) the Department of Energy;
(B) an entity that contracted with the Department
of Energy to provide management and operations,
management and integration, production, testing,
research, development, environmental remediation, or
waste management at facilities at locations, including
the following:
(i) Portsmouth, Ohio;
(ii) Paducah, Kentucky.
(iii) O.R. K-25, Tennessee;
(iv) O.R. Y-12, Tennessee;
(v) O.R. X-10, Tennessee;
(vi) Hanford, Washington;
(vii) Idaho National Engineering
Laboratory;
(viii) Rocky Flats, Colorado;
(ix) Fernald, Ohio;
(x) Miamisburg, Ohio;
(xi) Los Alamos National Laboratory, New
Mexico;
(xii) Pinellas, Florida;
(xiii) Pantex, Texas;
(xiv) Nevada Test Site;
(xv) Brookhaven, New York;
(xvi) Lawrence Livermore National
Laboratory;
(xvii) Sandia National Laboratory, New
Mexico
(xviii) Burlington, Iowa;
(xix) Fermi Nuclear Facility, Illinois;
(xx) Weldon Spring, Maryland; or
(xxi) Savannah River, South Carolina
(xxii) Argonne National Lab, Illinois
(C) a supplier that supplied uranium conversion or
manufacturing services, including Allied Signal
Facility in Metropolis, Illinois, Nuclear Fuels
Services in Erwin, Tennessee, Linde Air Products,
Tonowanda, New York, and Reactive Metals in Ashtabula,
Ohio.
(3) Specified disease.--The term ``specified disease''
means--
(A) leukemia (other than chronic lymphocytic
leukemia);
(B) the following diseases;
(i) multiple myeloma;
(ii) lymphomas (other than Hodgkins
disease); and
(iii) primary cancer or a pre-cancerous
condition of the bone, lung, thyroid, male or
female breast, esophagus, kidney, salivary
gland, skin, urinary bladder, stomach pharynx,
small intestine, pancreas, bile ducts, gall
bladder, or liver; and
(C) additional diseases covered by the Nuclear
Claims Tribunal of the Marshall Islands.
SEC. 4. DOE NUCLEAR FACILITY EMPLOYEES' EXPOSURE COMPENSATION FUND.
(a) Establishment.--There is established in the Treasury the DOE
Nuclear Employees' Exposure Compensation Fund (hereafter in this Act
referred to as the ``Fund'').
(b) Purpose.--The amounts in the Fund are available only for
disbursement by the Attorney General under section 6.
(c) Termination.--The Fund shall terminate 22 years after the date
of enactment of this Act. If all of the amounts in the Fund have not
been expended by the end of the 22-year period, amounts remaining in
the Fund shall be deposited in the miscellaneous receipts account in
the Treasury.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this Act. Amounts appropriated to the fund shall remain available until
expended or deposited in the Treasury.
(e) Authority.--Authority under this Act to enter into contracts or
to make payments is effective in any fiscal year only to the extent, or
in the amounts, provided in advance in an appropriation Act.
SEC. 5. ELIGIBLE EMPLOYEES.
A DOE nuclear employee who--
(1) was employed at a DOE nuclear facility for at least a
year;
(2) during the employees' employment period--
(A) was or should have been monitored through the
use of dosimetry badges for exposure of the employees's
body to radiation at the facility, and
(B) submits written medical documentation as to
having contracted a specified disease after beginning
employment as described in paragraph (1) and after
beginning being monitored or beginning work,
is authorized to receive $100,000 and first dollar coverage for all
medical and diagnostic costs related to a claim for a specified
disease, including complicating factors, if the claim for payment is
filed with the Attorney General and the Attorney General determines, in
accordance with section 6, that the claim meets the requirements of
this Act.
SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Filing Procedures.--The Attorney General shall establish
procedures under which an eligible employee may submit a claim for
payment under this section.
(b) Determination.--The Attorney General shall determine if each
claim filed under this section meets the requirements of this Act. In
making a determination of eligibility for compensation, the Attorney
General may consult with the Surgeon General and the Secretary of
Energy. The Attorney General shall--
(1) in consultation with the Surgeon General, establish
guidelines for determining what constitutes written medical
documentation under section 5 that an individual contracted a
specified disease; and
(2) in consultation with the Secretary of Energy, establish
guidelines for determinations of employment and exposure, as
described in section 5.
(c) Payment.--
(1) In general.--The Attorney General is authorized to pay,
from amounts available in the Fund, claims filed under this
section that the Attorney General determines meets the
requirements of this Act.
(2) Subrogation.--Upon payment of a claim under paragraph
(1), the United States is subrogated for the amount of the
payment to a right or claim that the individual to whom the
payment was made may have against any person on account of a
specified disease contracted following employment and exposure
as described in section 5.
(3) Deceased or dying employee.--
(A) Deceased.--In the case of a DOE nuclear
employee who is deceased at the time of payment under
this section, the payment may be made only as follows:
(i) If the DOE nuclear employee is survived
by a spouse who is living at the time of
payment, the payment shall be made to the
surviving spouse.
(ii) If there is no surviving spouse at the
time of payment, the payment shall be made in
equal shares to all the children of the DOE
nuclear employee who are living at the time of
payment.
(iii) If there is no spouse or children
living at the time of payment, the payment
shall be made in equal shares to the parents of
the DOE nuclear employee who are living at the
time of payment.
(iv) If there are no spouse, children, or
parents living at the time of payment, the
payment shall be made in equal shares to all
grandchildren of the DOE nuclear employee who
are living at the time of payment.
(v) If there are no spouse, children,
parents, or grandchildren living at the time of
payment, the payment shall be made in equal
shares to the grandparents of the DOE nuclear
employee who are living at the time of payment.
(vi) If there are no spouse, children,
parents, grandchildren, or grandparents living
at the time of payment, the amount of the
payment shall remain in the Fund for future
claimants.
(B) Dies.--If the DOE nuclear employee eligible for
payment under this section dies before filing a claim
under this Act, a survivor of that employee who may
receive payment under subparagraph (A) may file a claim
for payment for such employee.
(C) Definitions.--For purposes of subparagraph
(A)--
(i) the term ``spouse'' of a DOE nuclear
employee is a wife or husband of that employee
who was married to that employee for at least
one year immediately before the death of that
employee;
(ii) the term ``child'' includes a natural
child, a step-child in a regular parent-child
relationship, and an adopted child;
(iii) the term ``parent'' includes fathers
and mothers through adoption.
(iv) the term ``grandchild'' of a DOE
nuclear employee is a child of a child of that
employee;
(v) the term ``grandparent'' of a DOE
nuclear employee is a parent of a parent of
that employee.
(d) Action on Claim.--
(1) Determination period.--The Attorney General shall
complete the determination of each claim filed under subsection
(a) not later than 12 months after the date the claim is filed.
(2) Additional information and documentation.--The Attorney
General may request from a claimant, or from an individual or
entity on behalf of a claimant, additional information or
documentation necessary to complete the determination of the
claim under subsection (b). The period of time from the
Attorney General's request for additional information or
documentation until the time the information or documentation
is provided, or the requested individual or entity informs the
Attorney General the information or documentation cannot or
will not be provided, is not counted toward the 12-month period
established under paragraph (1). A claimant may sue the
Department of Energy or its contractor in a district court of
the United States to compel the production of information or
documentation requested by the Attorney General if (A) it is
more than 60 days after the date the Attorney General's request
was made, and (B) the information or documentation has not been
provided.
(3) Payments under other Acts limited.--An individual may
not receive payment under this Act and under the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) or under the
Veterans' Dioxin and Radiation Exposure Compensation Standards
Act (38 U.S.C 354 note).
(e) Costs of Administering the Adjudications.--
(1) Limitation.--Costs incurred by the Attorney General in
carrying out this section shall not be paid from the Fund or
set off against, or otherwise deducted from, a payment under
this section.
(2) Reimbursement.--The Department of Energy shall
reimburse the Attorney General for the costs incurred by the
Attorney General in connection with establishing and
administering the program of compensation under this Act until
the duties of the Attorney General terminate under subsection
(f).
(f) Termination.--The duties of the Attorney General under this
section terminate when the Fund terminates.
(g) Treatment of Payments Under Other Laws.--An amount paid to an
individual under this section--
(1) shall not be subject to Federal income tax under the
Internal Revenue Code of 1986;
(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code; and
(3) shall not be subject to the offset under chapter 37 of
title 31, United States Code.
(h) Regulatory Authority.--The Attorney General may issue
regulations to carry out this Act.
(i) Issuance of Regulations Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this Act shall be
issued not later than 180 days after the date of enactment of this Act.
(j) Administrative Appeals Procedure and Judicial Review.--
(1) Decision denying claim.--A decision denying a claim
under this Act may be appealed to an appeals officer designated
by the Attorney General.
(2) If the designated appeals officer affirms a decision
denying a claim under this Act, the individual who submitted
such claim may seek review of such affirmation by a district
court of the United States.
SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.
A claim cognizable under this Act is not assignable or
transferable.
SEC. 8. LIMITATIONS ON CLAIMS.
A claim to which this Act applies is barred unless the claim is
filed within 20 years after the date of enactment of this Act.
SEC. 9. ATTORNEY FEES.
Notwithstanding any contract, the representative of an individual
filing a claim under this Act may not receive for services rendered in
connection with such claim more than 10 percent of a payment made for
such claim. A representative who violates this section shall be fined
not more than $5,000.
SEC. 10. CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment made under this Act shall not be considered as any form
of compensation or reimbursement for a loss for purposes of imposing
liability on the individual receiving the payment to repay any
insurance carrier for insurance payments made. A payment under this Act
does not affect any claim against any insurance carrier with respect to
insurance. | Sets forth procedural guidelines for claim determination and payment. Restricts claimant's attorney's fees to ten percent of a payment made for a claim. | {"src": "billsum_train", "title": "Department of Energy Nuclear Employees Exposure Compensation Act"} | 3,117 | 38 | 0.296716 | 0.73299 | -0.743571 | 2.296296 | 106.962963 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve
Educational Benefits Fairness Act of 2007''.
SEC. 2. EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR MEMBERS
OF THE NATIONAL GUARD AND RESERVE WHO SERVE EXTENDED
PERIOD OF CONTINUOUS ACTIVE DUTY THAT INCLUDE A PROLONGED
PERIOD OF SERVICE IN CERTAIN THEATERS OF OPERATION.
(a) Basic Educational Assistance for Certain Members of the
National Guard and Reserve.--
(1) In general.--Chapter 30 of title 38, United States
Code, is amended by inserting after section 3012 the following
new section:
``Sec. 3012A.\\ Basic educational assistance entitlement for members of
the National Guard and Reserve for extended service on
active duty that includes prolonged service in certain
theaters of operation
``(a) An individual--
``(1) who as a Reserve (including as a member of the
National Guard)--
``(A) on or after September 11, 2001, serves a
period of active duty of at least 20 months of
continuous active duty in the Armed Forces; and
``(B) during the period of active duty service
described in subparagraph (A), serves a period of not
less than 12 months in a theater of operations
designated by the Secretary of Defense for purposes of
this section;
``(2) who completes the requirements of a secondary school
diploma (or equivalency certificate), or successfully completes
(or otherwise receives academic credit for) the equivalent of
12 semester hours in a program of education leading to a
standard college degree, before applying for benefits under
this section; and
``(3) who, after completion of the service described in
paragraph (1)--
``(A) is discharged from service with an honorable
discharge, is placed on the retired list, or is
transferred to the Standby Reserve after service as a
Reserve (including service as a member of the National
Guard) characterized by the Secretary concerned as
honorable; or
``(B) continues service as a Reserve (including as
a member of the National Guard);
is entitled to basic educational assistance under this chapter.
``(b)(1) An individual described by paragraph (1) of subsection (a)
who seeks entitlement under this section to basic educational
assistance under this chapter shall notify the Secretary of an election
of entitlement to assistance under this chapter in such form and manner
as the Secretary and the Secretary of Defense shall jointly prescribe
for purposes of this section.
``(2) A notice of election under paragraph (1) shall be made at
such time or times as the Secretary and the Secretary of Defense shall
jointly prescribe for purposes of this section.
``(3) Notwithstanding a notice of election under paragraph (1), an
individual covered by that paragraph is not entitled to basic
educational assistance under this chapter unless and until the
individual satisfies the requirements of paragraphs (2) and (3) of
subsection (a).
``(c)(1)(A) In the case of an individual making a notice of
election under subsection (b) who is on active duty in the Armed Forces
at the time of such notice, the basic pay of such individual shall be
reduced by $100 for each month following the month of the notice during
which the individual remains on active duty in the Armed Forces until
the number of months of such reduction equals 12 months.
``(B) If an individual covered by this paragraph ceases to be on
active duty in the Armed Forces before the number of months of
reduction in basic pay under subparagraph (A) equals 12 months, the
Secretary of Defense shall collect from the individual, before the
individual commences receipt of basic educational assistance under this
chapter, an amount equal to--
``(i) $1,200; minus
``(ii) the aggregate amount of the reduction in basic pay
of the individual under subparagraph (A).
``(2) In the case of an individual making a notice of election
under subsection (b) who is not on active duty in the Armed Forces at
the time of such notice, the Secretary of Defense shall collect from
the individual, before the individual commences receipt of basic
educational assistance under this chapter, an amount equal to $1,200.
The Secretary of Defense may collect any portion of such amount through
reductions in basic pay in accordance with paragraph (1)(A) if the
individual returns to active duty in the Armed Forces after making the
notice of election but before the collection of such amount by the
Secretary of Defense.
``(3)(A) Any amount by which the basic pay of an individual is
reduced under this subsection shall revert to the Treasury and shall
not, for purposes of any Federal law, be considered to have been
received by or to be within the control of the individual.
``(B) Any amount collected by the Secretary of Defense under this
subsection shall be deposited into the Treasury as miscellaneous
receipts.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 30 of such title is amended by inserting
after the item relating to section 3012 the following new item:
``3012A.\\ Basic educational assistance entitlement for members of the
National Guard and Reserve for extended
service on active duty that includes
prolonged service in certain theaters of
operation.''.
(b) Duration of Basic Educational Assistance.--Section 3013 of such
title is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subject to section 3695 of this title, each individual
entitled to basic educational assistance under section 3012A of this
title is entitled to 36 months of educational assistance benefits under
this chapter (or the equivalent thereof in part-time educational
assistance.''.
(c) Amount of Assistance.--
(1) In general.--Section 3015 of such title is amended by
adding at the end the following new subsection:
``(i) The amount of basic educational allowance payable under this
chapter to an individual entitled to an educational assistance
allowance under section 3012A of this title is the amount determined
under subsection (a).''.
(2) Conforming amendment.--Section 3014(b)(2)(C) of such
title is amended by striking ``or (e)(1)'' and inserting
``(e)(1), or (i)(1)''. | National Guard and Reserve Educational Benefits Fairness Act of 2007 - Provides educational assistance under the Montgomery GI Bill for members of the National Guard and Reserve for extended service on continuous active duty that includes prolonged service in certain theaters of operation. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, provide educational assistance under the Montgomery GI Bill for members of the National Guard and Reserve who serve extended period of continuous active duty that include a prolonged period of service in certain theaters of operation, and for other purposes."} | 1,417 | 51 | 0.605682 | 1.380741 | 0.986381 | 5.522727 | 30.568182 | 0.977273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Development Lab Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The effectiveness of United States foreign assistance
can be greatly enhanced by fostering innovation, applying
science and technology, and leveraging the expertise and
resources of the private sector to find low-cost, common sense
solutions to today's most pressing development challenges.
(2) Breakthroughs that accelerate economic growth and
produce better health outcomes in developing countries can help
support the growth of healthier, more stable societies and
foster trade relationships that translate into jobs and
economic growth in the United States.
(3) In 2014, the Office of Science and Technology and the
Office of Innovation and Development Alliances at the United
States Agency for International Development (USAID) were
streamlined and merged into the United States Global
Development Lab.
(4) The Lab partners with entrepreneurs, experts,
nongovernmental organizations, universities, and science and
research institutions to find solutions to specific development
challenges in a faster, more cost-efficient, and more
sustainable way.
(5) The Lab utilizes competitive innovation incentive
awards, a ``pay-for-success'' model, whereby a development
challenge is identified, competitions are launched, ideas with
the greatest potential for success are selected and tested, and
awards are provided only after the objectives of a competition
have been substantially achieved.
(6) Enhancing the authorities that support this pay-for-
success model will better enable the Lab to diversify and
expand both the number and sources of ideas that may be
developed, tested, and brought to scale, thereby increasing
USAID's opportunity to apply high value, low-cost solutions to
specific development challenges.
SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB.
(a) Establishment.--There is established in USAID an entity to be
known as the United States Global Development Lab.
(b) Duties.--The duties of the Lab shall include--
(1) increasing the application of science, technology,
innovation and partnerships to develop and scale new solutions
to end extreme poverty;
(2) discovering, testing, and scaling development
innovations to increase cost effectiveness and support United
States foreign policy and development goals;
(3) leveraging the expertise, resources, and investment of
businesses, nongovernmental organizations, science and research
organizations, and universities to increase program impact and
sustainability;
(4) utilizing innovation-driven competitions to expand the
number and diversity of solutions to development challenges;
and
(5) supporting USAID missions and bureaus in applying
science, technology, innovation, and partnership approaches to
decisionmaking, procurement, and program design.
(c) Authorities.--
(1) In general.--In carrying out the duties of the Lab
under subsection (b), the Administrator, in addition to such
other authorities as may be available to the Administrator,
including authorities under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the
limitations described in paragraph (3), is authorized to--
(A) provide innovation incentive awards (as defined
in section 4(5) of this Act); and
(B) use funds made available to carry out the
provisions of part I of the Foreign Assistance Act of
1961 for each of the fiscal years 2018 through 2022 for
the employment of not more than 30 individuals on a
limited term basis pursuant to schedule A of subpart C
of part 213 of title 5, Code of Federal Regulations, or
similar provisions of law or regulations.
(2) Recovery of funds.--
(A) Authority.--
(i) In general.--In carrying out the duties
of the Lab under subsection (b), the
Administrator, subject to the limitation
described in clause (ii), is authorized to
require a person or entity that receives
funding under a grant, contract, or cooperative
agreement made by the Lab to return to the Lab
any program income that is attributable to
funding under such grant, contract, or
cooperative agreement.
(ii) Limitation.--The amount of program
income that a person or entity is required to
return to the Lab under clause (i) shall not
exceed the amount of funding that the person or
entity received under the grant, contract, or
cooperative agreement.
(B) Treatment of payments.--
(i) In general.--The amount of any program
income returned to the Lab pursuant to
subparagraph (A) may be credited to the account
from which the obligation and expenditure of
funds under the grant, contract, or cooperative
agreement described in subparagraph (A) was
made.
(ii) Availability.--
(I) In general.--Except as provided
in subclause (II), amounts returned and
credited to an account under clause
(i)--
(aa) shall be merged with
other funds in the account; and
(bb) shall be available,
subject to appropriation, for
the same purposes and period of
time for which other funds in
the account are available for
programs and activities of the
Lab.
(II) Exception.--Amounts returned
and credited to an account under clause
(i) may not be used to pay for the
employment of individuals described in
paragraph (1)(B).
(3) Limitations.--
(A) In general.--Concurrent with the submission of
the Congressional Budget Justification for Foreign
Operations for each fiscal year, the Administrator
shall submit to the appropriate congressional
committees a detailed accounting of USAID's use of
authorities under this section, including the sources,
amounts, and uses of funding under each of paragraphs
(1) and (2).
(B) Innovation incentive awards.--In providing
innovation incentive awards under paragraph (1)(A), the
Administrator shall--
(i) limit the amount of individual awards
for fiscal year 2018 to not more than $100,000;
(ii) limit the total number of awards for
fiscal year 2018 to not more than 10 awards;
and
(iii) notify the appropriate congressional
committees not later than 15 days after
providing each such award.
(C) Staff.--In exercising the authority under
paragraph (1)(B), the Administrator should seek to
ensure that increases in the number of staff assigned
to the Lab are offset by an equivalent reduction in the
total number of staff serving elsewhere in USAID.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committees on Foreign Relations and the
Committee on Appropriations of the Senate.
(3) Lab.--The term ``Lab'' means the United States Global
Development Lab established under section 3.
(4) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(5) Innovation incentive award.--The term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem
relating to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices, facilitating further development
of an idea or practice by third parties. | Global Development Lab Act of 2017 This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, the duties of which shall include: increasing the application of science, technology, innovation and partnerships to develop new solutions to end extreme poverty; discovering and testing development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. The lab is authorized to provide innovation incentive awards on a competitive basis that: (1) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (2) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties. | {"src": "billsum_train", "title": "Global Development Lab Act of 2017"} | 1,576 | 231 | 0.722282 | 2.349818 | 1.055292 | 6.175115 | 7.082949 | 0.940092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban Humanitarian Trade Act of
1997''.
SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE FOREIGN ASSISTANCE ACT OF
1961.
Section 620(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)(1)) is amended by inserting before the period at the end of the
second sentence the following: ``, except that any such embargo shall
not apply with respect to the export of any food, medicines, medical
supplies, medical instruments, or medical equipment, or with respect to
travel incident to the delivery of food, medicines, medical supplies,
medical instruments, or medical equipment''.
SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON TRADE WITH CUBA.
Upon the enactment of this Act, any regulation, proclamation, or
provision of law, including Presidential Proclamation 3447 of February
3, 1962, the Export Administration Regulations (15 CFR 730 and
following), and the Cuban Assets Control Regulations (31 CFR 515), that
prohibits exports to Cuba or transactions involving exports to Cuba and
that is in effect on the date of the enactment of this Act, shall not
apply with respect to the export to Cuba of food, medicines, medical
supplies, medical instruments, or medical equipment, or with respect to
travel incident to the delivery of food, medicines, medical supplies,
medical instruments, or medical equipment.
SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AUTHORITY.
After the enactment of this Act, the President may not restrict the
exportation to Cuba of food, medicines, medical supplies, medical
instruments, or medical equipment--
(1) under the Export Administration Act of 1979, except to
the extent such restrictions would be permitted under section 5
of that Act for goods containing parts or components on which
export controls are in effect under that section; or
(2) under section 203 of the International Emergency
Economic Powers Act, except to the extent the authorities under
that section are exercised to restrict the export of medical
instruments or medical equipment to deal with a threat to the
national security of the United States by virtue of the
technology incorporated in such instruments or equipment.
SEC. 5. CONFORMING AMENDMENTS.
(a) Sanctions Under Cuban Democracy Act of 1992.--Section 1705 of
the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended--
(1) in subsection (b)--
(A) in the subsection caption by striking ``,
Donations'' and inserting ``, Exports''; and
(B) by striking ``donations of food to
nongovernmental organizations or individuals in Cuba''
and inserting ``exports of food to Cuba'';
(2) by amending subsection (c) to read as follows:
``(c) Exports of Medicines and Medical Supplies to Cuba.--Exports
of medicines, medical supplies, medical instruments, or medical
equipment to Cuba shall not be restricted--
``(1) except to the extent such restrictions would be
permitted--
``(A) under section 5 of the Export Administration
Act of 1979 for goods containing parts or components on
which export controls are in effect under that section;
or
``(B) under clause (A), (B), or (C) of section
203(b)(2) of the International Emergency Economic
Powers Act;
``(2) except in a case in which there is a reasonable
likelihood that the item to be exported will be used for
purposes of torture or other human rights abuses;
``(3) except in a case in which there is a reasonable
likelihood that the item to be exported will be reexported; and
``(4) except in a case in which the item to be exported
could be used in the production of any biotechnological
product.
Before imposing restrictions under this subsection, the President shall
submit to the Congress a report describing the restrictions to be
imposed and the reasons for the restrictions.''; and
(3) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and (f),
respectively.
(b) International Cooperation.--Section 1704(b)(2)(C)(i) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)(C)(i)) is amended to
read as follows:
``(i) exports of food to Cuba; or''.
SEC. 6. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO
CUBA.
Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code
of 1986 (relating to denial of foreign tax credit, etc., with respect
to certain foreign countries) is amended by adding at the end thereof
the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba with respect to
income, war profits, or excess profits taxes paid to
Cuba that are attributable to activities with respect
to articles permitted to be exported to Cuba, or travel
incident thereto that is permitted, by virtue of the
enactment of the Cuban Humanitarian Trade Act of 1997.
The preceding sentence shall apply after the date which
is 60 days after the date of the enactment of this
sentence.''.
SEC. 7. INAPPLICABILITY OF OTHER RESTRICTIONS.
This Act and the amendments made by this Act apply notwithstanding
section 102(h) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)).
SEC. 8. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of food, medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) a description of the types and end users of the goods
so exported; and
(3) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Cuba since the enactment of this Act--
(A) have been used for purposes of torture or other
human rights abuses;
(B) were reexported; or
(C) were used in the production of any
biotechnological product. | Cuban Humanitarian Trade Act of 1997 - Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba the export of food, medicines, or medical supplies, instruments, or equipment, or any travel incident to delivery of such items. Exempts the same items from the President's authority to restrict exports to Cuba under the Export Administration Act of 1979 or the International Emergency Economic Powers Act.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to the permitted exports, or travel incident to such activities, under this Act.
Directs the President to report to the Congress with respect to the uses, and end users, of the permitted exports to Cuba. | {"src": "billsum_train", "title": "Cuban Humanitarian Trade Act of 1997"} | 1,459 | 177 | 0.64635 | 1.840704 | 0.916561 | 3.834395 | 8.292994 | 0.904459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Fairness and Transparency Act''.
SEC. 2. LIMITATION ON INTEREST DEDUCTION FOR EXCESSIVE INTEREST OF
MEMBERS OF FINANCIAL REPORTING GROUPS.
(a) In General.--Section 163 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following:
``(n) Limitation on Excessive Interest of Members of Financial
Reporting Groups.--
``(1) Limitation.--
``(A) In general.--If this subsection applies to
any corporation for any taxable year, no deduction
shall be allowed under this chapter for the taxable
year for interest expense to the extent that such
expense exceeds the sum of--
``(i) the amount of interest on
indebtedness of the corporation includible in
the corporation's gross income for the taxable
year, plus
``(ii) the corporation's proportionate
share of the financial reporting group's net
interest expense for the taxable year computed
under United States income tax principles.
``(B) Proportionate share of net interest
expense.--For purposes of subparagraph (A)(ii)--
``(i) In general.--A corporation's
proportionate share of the financial reporting
group's net interest expense means the amount
equal to the percentage of the group's net
interest expense which bears the same
percentage as the corporation's earnings bears
to the group's earnings.
``(ii) Earnings.--For purposes of clause
(i), earnings shall be the sum of net earnings
plus net interest expense, taxes, depreciation,
and amortization.
``(iii) Determinations relating to
earnings.--For purposes of clause (ii),
earnings, net interest expense, taxes,
depreciation, and amortization with respect to
a financial reporting group shall be as
reflected on the financial reporting group's
financial statements for the taxable year
ending in the taxable year of the corporation.
``(C) Alternative determination.--In lieu of the
limitation in subparagraph (A), if--
``(i) a corporation fails to substantiate
the corporation's proportionate share of the
financial reporting group's net interest
expense for a taxable year, or
``(ii) a corporation so elects,
no deduction shall be allowed under this chapter for
the taxable year for interest expense to the extent
that such expense exceeds 10 percent of the
corporation's adjusted taxable income (as defined under
subsection (j)(6)(A)).
``(2) Corporations to which subsection applies.--
``(A) In general.--This subsection shall apply to
any corporation for any taxable year if the corporation
is a member of a financial reporting group.
``(B) Certain corporations not included.--This
subsection shall not apply to any corporation which--
``(i) is a corporation predominantly
engaged in the active conduct of a banking,
financing, or similar business, or
``(ii) has less than $5,000,000 of net
interest expense for the taxable year.
``(C) Financial reporting group.--For purposes of
subparagraph (A), the term `financial reporting group'
means a group that prepares consolidated financial
statements in accordance with United States generally
accepted accounting principles, international financial
reporting standards, or other method authorized by the
Secretary of the Treasury under regulations. Such term
shall not include any corporation described in
subparagraph (B)(i).
``(D) Subgroups.--For purposes of this subsection,
all members of an expanded affiliated group (as defined
in section 7874(c)(1)) shall be treated as 1
corporation.
``(3) Net interest expense.--The term `net interest
expense' has the meaning given such term by subsection
(j)(6)(B).
``(4) Carryforward.--
``(A) Disallowed interest.--Any amount disallowed
under subparagraph (A) or (C) for any taxable year
shall be treated as an interest expense in the next
taxable year, and such amount shall not be taken into
account for purposes of applying subsection
(j)(2)(A)(ii) for such taxable year.
``(B) Excess limitation.--The excess (if any) of
the sum determined under paragraph (1)(A) (i) and (ii)
for a taxable year over the amount of interest expense
deducted under this subsection for the taxable year
shall be added to the limitation determined under
paragraph (1) for the next taxable year (determined
without regard to this subparagraph). No excess
limitation may be carried to more than 3 taxable years.
``(5) Election.--The election under paragraph (1)(C)(ii)
shall be made at such time and in such manner as the Secretary
may prescribe by regulations.
``(6) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary to carry out
the purposes of this subsection, including regulations to--
``(A) coordinate the application of this subsection
with other interest deductibility rules,
``(B) define financial services entities,
``(C) permit financial reporting groups to compute
the group's non-United States net interest expense
without making certain adjustments required under
United States income tax principles,
``(D) provide for the treatment of pass-through
entities, and
``(E) allow the use of financial statements
prepared under other countries' generally accepted
accounting principles in appropriate circumstances
where a financial reporting group does not prepare
financial statements under United States generally
accepted accounting principles or international
financial reporting standards.''.
(b) Coordination With 163(j).--Section 163(j)(2)(A) of the Internal
Revenue Code of 1986 is amended by adding at the end the following
flush sentence: ``This subsection shall not apply to any corporation
which is a member of a financial reporting group to which subsection
(n) applies.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 3. TERMINATION OF DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN
CORPORATIONS.
(a) In General.--Section 952 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Special Application of Subpart.--
``(1) In general.--For taxable years beginning after
December 31, 2017, notwithstanding any other provision of this
subpart, the term `subpart F income' means, in the case of any
controlled foreign corporation, the income of such corporation
derived from any foreign country.
``(2) Applicable rules.--Rules similar to the rules under
the last sentence of subsection (a) and subsection (d) shall
apply to this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2017.
SEC. 4. REQUIREMENT TO DISCLOSE TOTAL CORPORATE TAXES PAID.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(s) Disclosure of Total Corporate Taxes Paid.--
``(1) Issuer disclosure requirement.--Each issuer required
to file an annual or quarterly report under subsection (a)
shall disclose in that report--
``(A) the total pre-tax profit of the issuer during
the period covered by the report;
``(B) the total amount paid by the issuer in State
taxes during the period covered by the report;
``(C) the total amount paid by the issuer in
Federal taxes during the period covered by the report;
and
``(D) the total amount paid by the issuer in
foreign taxes during the period covered by the report.
``(2) Disclosure of country-by-country reporting
information.--Each issuer required to file an annual or
quarterly report under subsection (a) shall disclose in that
report, for each of its subsidiaries and aggregated on a
country-by-country basis--
``(A) revenues generated from transactions with
other constituent entities;
``(B) revenues not generated from transactions with
other constituent entities;
``(C) profit or loss before income tax;
``(D) total income tax paid on a cash basis to all
tax jurisdictions, and any taxes withheld on payments
received by the constituent entities;
``(E) total accrued tax expense recorded on taxable
profits or losses, reflecting only operations in the
relevant annual period and excluding deferred taxes or
provisions for uncertain tax liabilities;
``(F) stated capital, except that the stated
capital of a permanent establishment must be reported
in the tax jurisdiction of residence of the legal
entity of which it is a permanent establishment unless
there is a defined capital requirement in the permanent
establishment tax jurisdiction for regulatory purposes;
``(G) total accumulated earnings, except that
accumulated earnings of a permanent establishment must
be reported by the legal entity of which it is a
permanent establishment;
``(H) total number of employees on a full-time
equivalent basis; and
``(I) net book value of tangible assets, which, for
purposes of this section, does not include cash or cash
equivalents, intangibles, or financial assets.
``(3) Availability of information.--The Commission shall
make the information filed with the Commission pursuant to this
subsection publicly available through the Commission website in
a manner that is searchable, sortable, and downloadable.''.
(b) Effective Date.--The amendment made by this section shall apply
to disclosures made after the date of the enactment of this Act. | Tax Fairness and Transparency Act This bill amends the Internal Revenue Code to limit the tax deduction of the interest expense of a U.S. corporation that is a member of a financial reporting group (a group that prepares consolidated financial statements according to accepted accounting principles or international financial reporting standards) to: (1) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year plus its proportionate share of the group's net interest expense in the taxable year computed under U.S. income tax principles; or (2) not more than 10% of the corporation's adjusted taxable income, if the corporation fails to substantiate its proportionate share of interest expense or so elects. The bill exempts from the limitation a corporation that is predominantly engaged in the active conduct of a banking, financing, or similar business or that has less than $5 million of net interest expense for the taxable year. The bill also modifies the definition of subpart F income (i.e., income of a controlled foreign corporation earned outside the United States that is not tax-deferred) to include income of a controlled foreign corporation derived from any foreign country. This modification is applicable to taxable years beginning after December 31, 2017. The bill amends the Securities Exchange Act of 1934 to require each issuer of a security who is required to file an annual or quarterly report to disclose specified: (1) details regarding pre-tax profits and taxes paid; and (2) corporate financial information, aggregated on a country-by-country basis, for each of its subsidiaries. | {"src": "billsum_train", "title": "Tax Fairness and Transparency Act"} | 2,222 | 346 | 0.625783 | 1.750641 | 0.693725 | 3.445902 | 6.511475 | 0.901639 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Transit Benefits
Modernization Act''.
(b) Findings.--Congress finds the following:
(1) The Washington Metropolitan Area Transit Authority
(``WMATA'') provides approximately 2.3 million Metrorail and
Metrobus trips per year across the National Capital Region to
Federal employees, commuters, and millions of visitors to the
Nation's capital.
(2) Approximately 40 percent of WMATA peak-hour commuters
are Federal employees.
(3) WMATA began building its rail system in 1969, currently
serves 91 stations, and has 117 miles of track.
(4) The Federal Transit Administration (``FTA'') and the
National Transportation Safety Board have found significant
safety concerns resulting from a backlog of deferred
maintenance.
(5) WMATA has designed a plan, called SafeTrack, in an
effort to address this backlog of deferred maintenance.
(6) SafeTrack would close the system earlier on weekends
and expand weekday maintenance by reducing the number of rails
in use at certain stations from two to one.
(7) The plan includes 15 ``Safety Surges'' with around-the-
clock single tracking or segment shutdowns that will impact
rush hour commutes.
(8) FTA's review of SafeTrack's first two ``safety surge''
areas found a number of defects in the plan's execution.
(9) SafeTrack is scheduled to conclude in March 2017.
(10) During SafeTrack, WMATA is encouraging customers to
utilize other commuting options, including ride-sharing
services.
(11) WMATA has indicated that service disruptions will
continue to occur following SafeTrack as routine maintenance is
needed.
(12) The Federal Government, which is negatively affected
when employees cannot easily commute to and from work, has an
interest in assisting employees with alternate commuting
options.
SEC. 2. PROVIDING A FRINGE TRANSIT BENEFIT FOR USE OF TRANSPORTATION
NETWORK COMPANIES.
For purposes of section 132(a) of the Internal Revenue Code of
1986, the use of a transportation network company by Federal employees
as provided for in this Act shall be treated as a fringe benefit which
qualifies as a qualified transportation fringe for the period
established in section 3(a) of this Act.
SEC. 3. TRANSIT BENEFITS FOR FEDERAL EMPLOYEES FOR THE USE OF DIGITAL
TRANSPORTATION COMPANIES.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on December 31, 2018, any agency that
has a program, including a program established under section 7905 of
title 5, United States Code, or Executive Order 13150 (April 21, 2000;
65 Fed. Reg. 24613), to provide transit benefits to employees of the
agency shall provide transit benefits to employees who use the services
of any digital transportation company within the Washington
Metropolitan Area in the same manner as such agency provides transit
benefits to employees who use public transportation services within the
Washington Metropolitan Area.
(b) Requirements.--
(1) Election.--Unless otherwise statutorily authorized, an
employee may receive transit benefits under this section only
if the employee agrees in writing to not accept any other
transit or parking benefit offered by the head of any agency
with a transit benefit program while receiving the transit
benefits under this section.
(2) Limitation.--The amount of the transit benefit provided
to an employee under this section during any month for the use
of services provided by any digital transportation company may
not exceed the amount of the monthly average transit benefit
received by the employee during the 6-month period immediately
preceding the month during which an election is made under
paragraph (1).
(3) Implementation.--Transit benefits under this section
shall be provided in a manner substantially similar to the
manner in which transit benefits are provided to employees who
use mass transportation services. The head of any agency with a
transit benefit program may consult with any digital
transportation company and any other head of any agency with a
transit benefit program to establish the procedures necessary
to provide transit benefits under this section.
(4) Substantiation.--The head of any agency with a transit
benefit program, the Secretary of the Department of
Transportation, and the Secretary of the Treasury shall, in
connection with the establishment of a process for implementing
the transit benefit for any digital transportation company,
work with any such digital transportation company in
establishing a process to substantiate the use of transit
benefits by Federal employees using the benefit for services
provided by a digital transportation company each month.
(c) Definitions.--In this section--
(1) the term ``Washington Metropolitan Area'' means the
District of Columbia; Montgomery, Prince George's, Frederick,
and Charles Counties in Maryland; Arlington, Fairfax, Loudon,
and Prince William Counties in Virginia; and all cities now or
hereafter existing in Maryland or Virginia within the
geographic area bounded by the outer boundaries of the combined
area of said counties;
(2) the term ``digital transportation company'' means any
transportation network company or car-sharing service;
(3) the term ``car-sharing service'' means a membership or
non-membership based service primarily designed for shorter
time or shorter distance trips where individuals are charged
per mile or per hour, or both, for vehicle usage; and
(4) the term ``transportation network company'' means a
corporation, partnership, sole proprietorship, or other entity
that uses a digital network to connect riders to drivers
affiliated with the entity in order for a driver to provide
transportation services to a rider. | Transit Benefits Modernization Act This bill amends the Internal Revenue Code to treat the use of a transportation network company by federal employees during the period beginning on the date of enactment of this bill and ending on December 31, 2018, as a qualified transportation fringe benefit that is excluded from an employee's gross income. A "transportation network company" is a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers affiliated with the entity in order for a driver to provide transportation services to a rider. During the period beginning on the date of enactment of this bill and ending on December 31, 2018, any agency that provides transit benefits to employees must provide benefits for using digital transportation companies within the Washington Metropolitan Area in the same manner as benefits are provided for using public transportation services in the area. A "digital transportation company" is any transportation network company or car-sharing service (a membership or non-membership based service primarily designed for shorter time or shorter distance trips where individuals are charged per mile or per hour, or both, for vehicle usage). To elect to receive benefits under this section, an employee must agree in writing not to accept any other transit or parking benefit offered by any agency with a transit benefit program while receiving the benefits under this section. The amount of transit benefits provided to an employee under this section may not exceed the monthly average transit benefit received by the employee during the six-month period immediately preceding the month during which an election is made. | {"src": "billsum_train", "title": "Transit Benefits Modernization Act"} | 1,235 | 328 | 0.472703 | 1.452026 | 0.745636 | 5.516667 | 3.813333 | 0.923333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sleeping Bear Dunes National
Lakeshore Conservation and Recreation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Line of demarcation.--The term ``line of demarcation''
means the general line formed by the lakeward extent of the
first contiguous vegetation that is upland from the high water
mark.
(2) Map.--The term ``map'' means the map titled ``Sleeping
Bear Dunes National Lakeshore, Proposed Wilderness Boundary'',
numbered 634/80,083, and dated February, 2009.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Michigan.
(5) Wilderness area.--The term ``wilderness area'' means
the Sleeping Bear Dunes National Lakeshore Wilderness
designated by section 3(a).
SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE WILDERNESS AREA.
(a) Designation.--In accordance with section 3(c) of the Wilderness
Act (16 U.S.C. 1132(c)), and subject to subsection (c), certain lands
and inland waters comprising approximately 32,557 acres along the
mainland shore of Lake Michigan and on certain nearby islands in Benzie
and Leelanau Counties, Michigan, within the Sleeping Bear Dunes
National Lakeshore, as generally depicted on the map, are hereby
designated as wilderness, and as a component of the National Wilderness
Preservation System. The wilderness area designated by this section
shall be known as the ``Sleeping Bear Dunes National Lakeshore
Wilderness''.
(b) Map and Legal Description.--
(1) On file.--The map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(2) Legal description.--As soon as practical after the date
of the enactment of this Act, the Secretary shall submit a
legal description of the boundary of the wilderness area to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives.
(3) Corrections.--The map and legal description shall have
the same force and effect as if included in this Act, except
that the Secretary may correct clerical and typographical
errors in the description and maps.
(c) Lakeward Boundary of the Wilderness.--
(1) In general.--Subject to paragraph (2), the line of
demarcation shall be the lakeward boundary of any portion of
wilderness designated in subsection (a) that would otherwise be
bordered by Lake Michigan.
(2) Surface water and active wash zone.--The surface water
and active wash zone of Lake Michigan, regardless of the
fluctuating lake level or the line of demarcation, shall be
considered to be outside the boundary of the designated
wilderness.
SEC. 4. ADMINISTRATION.
(a) Management.--
(1) Wilderness act.--Subject to valid existing rights, the
wilderness area shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the
effective date shall be considered to be a reference to
the date of the enactment of this Act; and
(B) with respect to lands administered by the
Secretary, any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary.
(2) Maintenance of roads.--
(A) Location of wilderness boundary.--The boundary
of the wilderness area shall be located not closer
than--
(i) 100 feet from the centerline of each
adjacent county road; and
(ii) 300 feet from the centerline of each
adjacent State highway.
(B) Effect.--Nothing in this Act shall prevent the
maintenance and improvement of any road that is--
(i) in existence on the date of enactment
of this Act; and
(ii) located adjacent to the wilderness
area.
(3) Hunting.--Nothing in this Act shall affect hunting,
under applicable State and Federal laws and regulations, within
the wilderness area.
(4) Fish and wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act
shall be construed as affecting the jurisdiction or
responsibilities of the State with respect to fish and wildlife
within the wilderness area.
(5) Watercraft.--Nothing in this Act shall affect the use
of watercraft, under applicable State and Federal laws and
regulations, within the wilderness area to the extent that such
use was allowed on the day before the date of the enactment of
this Act.
(6) No buffer zones.--Nothing in this Act creates a
protective perimeter or buffer zone around the wilderness area.
The fact that a nonwilderness activity or use can be seen or
heard from within the wilderness area shall not preclude the
conduct of the activity or use outside the boundary of the
wilderness area.
(b) Savings Provisions.--Nothing in this Act shall--
(1) modify, alter, or in any way affect any treaty rights;
(2) modify, alter, or in any way affect any valid private
property rights, in existence on the day before the date of the
enactment of this Act;
(3) alter the management of the water of Lake Michigan
within the boundary of the Sleeping Bear Dunes National
Lakeshore in existence on the day before the date of the
enactment of this Act; or
(4) be construed as prohibiting the use of motors on the
surface water of Lake Michigan adjacent to the wilderness area
or the beaching of motorboats on the Lake Michigan beach
lakeward of the boundary of the wilderness area. | Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act - Designates specified lands and inland waters within the Sleeping Bear Dunes National Lakeshore in Michigan as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes National Lakeshore Wilderness.
Sets forth requirements for the administration of the Sleeping Bear Dunes National Lakeshore Wilderness, including with respect to road maintenance, hunting, fish and wildlife, watercraft, and buffer zones. | {"src": "billsum_train", "title": "To designate as wilderness certain lands and inland waters within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes."} | 1,320 | 110 | 0.618061 | 1.484657 | 0.618549 | 3.352941 | 13.376471 | 0.905882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety Act of 1996''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There has been increased and growing public concern
expressed regarding the quality and safety of services provided
by health care facilities and institutions, as such facilities
have instituted aggressive efforts to reduce levels of staff
who provide direct patient care services as a principal means
of decreasing expenses.
(2) A growing body of data suggests a linkage between the
number and mix of nursing staff and positive patient care
outcomes, including the avoidance of patient death and injury.
(3) Many employees of health care facilities have expressed
fear for their employment if they report unsafe conditions,
including violations of State or Federal law.
(4) Unprecedented consolidation among health care
institutions has led to increasing concern regarding the effect
of such activity on the health and safety of communities served
by these facilities, yet the Federal Government has little
authority to evaluate such effect in deciding whether or not to
approve mergers and acquisitions among health care facilities.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Licensed practical nurse or licensed vocational
nurse.--The term ``licensed practical nurse or licensed
vocational nurse'' means an individual who is entitled under
State law or regulation to practice as a licensed practical
nurse or a licensed vocational nurse.
(2) Made publicly available.--The term ``made publicly
available'' means, with respect to information of a provider,
information that is--
(A) provided to the Secretary and to any State
agency responsible for licensing or accrediting the
provider;
(B) provided to any State agency which approves or
oversees health care services delivered by the provider
directly or through an insuring entity or corporation;
and
(C) provided to any member of the public which
requests such information directly from the provider.
(3) Medicare program.--The term ``medicare program'' means
the programs under title XVIII of the Social Security Act.
(4) Provider.--The term ``provider'' means an entity that
is--
(A) a psychiatric hospital described in section
1861(f) of the Social Security Act,
(B) a provider of services described in section
1861(u) of such Act,
(C) a rural health clinic described in section
1861(aa)(2) of such Act,
(D) an ambulatory surgical center described in
section 1832(a)(2)(F)(i) of such Act, or
(E) a renal dialysis facility described in section
1881(b)(1)(A) of such Act.
(5) Registered nurse.--The term ``registered nurse'' means
an individual who is entitled under State law or regulation to
practice as a registered nurse.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA.
(a) Disclosure of Staffing and Outcomes.--Any provider under the
medicare program shall, as a condition of continued participation in
such program, make publicly available information regarding nurse
staffing and patient outcomes as specified by the Secretary. Such
information shall include at least the following:
(1) The number of registered nurses providing direct care.
This information shall be expressed both in raw numbers, in
terms of total hours of nursing care per patient (including
adjustment for case mix and acuity), and as a percentage of
nursing staff, and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
(2) The number of licensed practical nurses or licensed
vocational nurses providing direct care. This information shall
be expressed both in raw numbers, in terms of total hours of
nursing care per patient (including adjustment for case mix and
acuity), and as a percentage of nursing staff, and shall be
broken down in terms of the total nursing staff, each unit, and
each shift.
(3) Numbers of unlicensed personnel utilized to provide
direct patient care. This information shall be expressed both
in raw numbers and as a percentage of nursing staff and shall
be broken down in terms of the total nursing staff, each unit,
and each shift.
(4) The average number of patients per registered nurse
providing direct patient care. This information shall be broken
down in terms of the total nursing staff, each unit, and each
shift.
(5) Patient mortality rate (in raw numbers and by diagnosis
or diagnostic-related group).
(6) Incidence of adverse patient care incidents, including
as such incidents at least medication errors, patient injury,
decubitus ulcers, nosocomial infections, and nosocomial urinary
tract infections.
(7) Methods used for determining and adjusting staffing
levels and patient care needs and the provider's compliance
with these methods.
(b) Disclosure of Complaints.--Data regarding complaints filed with
the State agency, the Health Care Financing Administration, or an
accrediting agency, compliance with the standards of which have been
deemed to demonstrate compliance with conditions of participation under
the medicare program, and data regarding investigations and findings as
a result of those complaints and the findings of scheduled inspection
visits, shall be made publicly available.
(c) Information on Data.--All data made publicly available under
this section shall indicate the source and currency of the data
provided.
(d) Waiver for Small Providers.--The Secretary may waive or reduce
reporting requirements under this section in the case of a small
provider (as defined by the Secretary) for whom the imposition of the
requirements would be unduly burdensome.
SEC. 5. PROTECTION OF CERTAIN ACTIVITIES BY EMPLOYEES OF MEDICARE
PROVIDERS.
(a) In General.--No provider under the medicare program shall
terminate or take other adverse action against any employee or groups
of employees for actions taken for the purpose of--
(1) notifying the provider of conditions which the employee
or group of employees identifies, in communications with the
provider, as dangerous or potentially dangerous or injurious
to--
(A) patients who currently receive services from
the provider;
(B) individuals who are likely to receive services
from the provider; or
(C) employees of the provider;
(2) notifying a Federal or State agency or an accreditation
agency, compliance with the standards of which have been deemed
to demonstrate compliance with conditions of participation
under the medicare program, of such conditions as are
identified in paragraph (1);
(3) notifying other individuals of conditions which the
employee or group of employees reasonably believe to be such as
are described in paragraph (1);
(4) discussing such conditions as are identified in
paragraph (1) with other employees for the purposes of
initiating action described in paragraph (1), (2), or (3); or
(5) other related activities as specified in regulations
promulgated by the Secretary.
(b) Sanction.--A determination by the Secretary that a provider has
taken such action as described in subsection (a) shall result in
termination from participation in the medicare program for a period of
time to be specified by the Secretary, such period to be not less than
1 month.
(c) Exception.--The protections of this section shall not apply to
any employee who knowingly or recklessly provides substantially false
information to the Secretary.
SEC. 6. EVALUATION OF HEALTH AND SAFETY OF CERTAIN MERGERS AND
ACQUISITIONS BY OR AMONG MEDICARE PROVIDERS.
(a) Impact Report.--Any provider under the medicare program that
files with the Department of Justice and the Federal Trade Commission
notification of a transaction which is required to be reported pursuant
to section 7A of the Clayton Act (15 U.S.C. 18a) shall, on the same
date as such notification is submitted, provide the Secretary with a
written report that includes the overall impact of such transaction on
the health services available and readily accessible to the community
and that includes the impact of such transaction on each of the
following:
(1) On the availability and accessibility of primary, acute
care, and emergency services.
(2) On the availability and accessibility of services for
mothers and children.
(3) On the availability and accessibility of services to
the elderly.
(4) On the availability and accessibility of services to
other specific populations, including the poor, the uninsured,
ethnic minorities, women, the disabled, and the lesbian and gay
communities.
(5) On the availability and accessibility of specialized
services, including services for the prevention, detection, and
treatment of the human immunodeficiency virus and related
illnesses, mental health services, and substance abuse
services.
(6) On the safety and quality of health care services to be
provided, including anticipated changes in numbers and mix of
nursing and other patient care staff and on other factors
related to patient outcomes.
(7) On the availability and accessibility of social
services and other services within the community.
(8) On overall employment within the community.
(9) On the provider's workforce, including--
(A) the status of existing collective bargaining
contracts, if any; and
(B) plans for retraining and redeployment of
employees who are displaced as a result of the
contemplated transaction.
(10) On the financial stability of the merged entity,
taking into account at least projected acquisition costs,
related expenses, and planned marketing or advertising
campaigns for the new entity.
(11) On other factors to be specified in regulations to be
promulgated by the Secretary.
Such report shall be in addition to any documentation required by any
other Federal or State agency.
(b) Availability.--A report under subsection (a) shall be made
publicly available by the provider and by the Secretary upon request.
In addition, the provider shall make publicly available any
documentation submitted to the Department of Justice, the Federal Trade
Commission, or other Federal or State agency regarding the contemplated
transaction.
(c) Hearings.--The Secretary shall conduct, or arrange for, public
hearings on the elements of each report submitted under subsection (a)
and any other factors related to the health, safety, and welfare of
patients served by the provider and the community involved, including
the provider's workforce. Such hearings shall be held at a time or
times and location or locations readily accessible to the public and
may be conducted jointly with relevant State agencies.
(d) Review.--The Secretary shall review each such proposed
transaction. Such review shall be based on the written report submitted
under subsection (a), a transcript of testimony at the public hearing
under subsection (c), and any other factors which the Secretary finds
are relevant to the health, safety, and welfare of the patients served
by the provider and the community, including the provider's workforce.
(e) Findings.--(1) The Secretary shall, within 45 days of
completion of a hearing under subsection (c), issue written findings on
the likely impact of the contemplated transaction on the health and
safety of the patients and communities served by the provider,
including the provider's workforce.
(2) If the Secretary determines that the overall impact of the
transaction on the health and safety of patients and the community is a
negative one, the Secretary shall issue, as part of the findings, a
finding of negative impact on health and safety.
(3) In issuing findings under this subsection, the Secretary may
confer with such other agencies (such as the Department of Justice, the
Federal Trade Commission, and the Department of Labor) as may have an
interest in the impact on the public of the proposed transaction.
(f) Sanctions.--A provider that executes a transaction which is the
subject of a finding of negative impact on health and safety under
subsection (e)(2) (or a provider which fails to file a report with the
Secretary pursuant to subsection (a)) shall be deemed not to be in
compliance with the conditions of participation under the medicare
program. Such a determination shall be subject to such procedures and
appeal as provided for in regulations promulgated by the Secretary. In
the case of a determination that conditions effected by the transaction
in question pose immediate jeopardy or irreparable harm to patient
health, safety, and welfare, the Secretary shall (if such transaction
is completed) immediately suspend the entity's participation in the
medicare program and such suspension shall continue in force during any
administrative or judicial review for the transaction sought by the
entity. | Patient Safety Act of 1996 - Requires providers under the Medicare program, as a condition for continued participation in the program, to make publicly available certain minimum information, in addition to information specified by the Secretary of Health and Human Services, regarding nurse staffing and patient outcomes.
Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits.
Allows the Secretary to waive or reduce reporting requirements in the case of a small provider for whom their imposition would be unduly burdensome.
Prohibits Medicare providers from terminating or taking any other adverse action against any employee or groups of employees for certain actions, including those taken for the purpose of notifying the provider of conditions potentially dangerous or injurious to patients receiving services from the provider or to employees of the provider. Requires provider termination from participation in Medicare for taking such an adverse action.
Requires any provider under Medicare that files with the Department of Justice and the Federal Trade Commission notification of a transaction required to be reported under the Clayton Act to provide to the Secretary a report that includes: (1) the overall impact of such transaction on the health services available and readily accessible to the community; and (2) the impact of such transaction on each of various specified subjects, including the availability and accessibility of services to the poor, the uninsured, ethnic minorities, women, the disabled, and the lesbian and gay communities.
Requires public availability of such reports, public hearings on their elements and any other factors related to the health, safety, and welfare of patients and the community involved, secretarial review of each such proposed transaction based on the report, hearing testimony, and any other relevant factors.
Deems any provider that executes a transaction found to have a negative impact on health and safety (or that fails to file a required report) not to be in compliance with the conditions of Medicare participation. Mandates the provider's immediate suspension from program participation if it completes a transaction that poses immediate jeopardy or irreparable harm to patient health, safety, or welfare. | {"src": "billsum_train", "title": "Patient Safety Act of 1996"} | 2,655 | 515 | 0.504822 | 1.650181 | 0.662855 | 4.299569 | 5.506466 | 0.94181 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Homeowners Insurance Act
of 2007''.
SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR DISASTER RELIEF NOT
SUBJECT TO PENALTY FOR EARLY WITHDRAWAL.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to subsection not to apply to certain
distributions) is amended by adding at the end the following new
subparagraph:
``(H) Distributions from retirement plans for
disaster relief.--
``(i) In general.--Any qualified disaster
relief distribution.
``(ii) Aggregate dollar limitation.--For
purposes of this subparagraph, the aggregate
amount of distributions received by an
individual which may be treated as qualified
disaster relief distributions for any taxable
year shall not exceed the excess (if any) of--
``(I) $100,000, over
``(II) the aggregate amounts
treated as qualified disaster relief
distributions received by such
individual for all prior taxable years.
``(iii) Treatment of plan distributions.--
If a distribution to an individual would be a
qualified disaster relief distribution, a plan
shall not be treated as violating any
requirement of this title merely because the
plan treats such distribution as a qualified
disaster relief distribution, unless the
aggregate amount of such distributions from all
plans maintained by the employer (and any
member of any controlled group which includes
the employer) to such individual exceeds
$100,000. For purposes of the preceding
sentence, the term `controlled group' means any
group treated as a single employer under
subsection (b), (c), (m), or (o) of section
414.
``(iv) Amount distributed may be repaid.--
``(I) In general.--Any individual
who receives a qualified disaster
relief distribution may, at any time
during the 3-year period beginning on
the day after the date on which such
distribution was received, make one or
more contributions in an aggregate
amount not to exceed the amount of such
distribution to an eligible retirement
plan of which such individual is a
beneficiary and to which a rollover
contribution of such distribution could
be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), as the case may be.
``(II) Treatment of repayments of
distributions from eligible retirement
plans other than iras.--For purposes of
this title, if a contribution is made
pursuant to subparagraph (A) with
respect to a qualified disaster relief
distribution from an eligible
retirement plan other than an
individual retirement plan, then the
taxpayer shall, to the extent of the
amount of the contribution, be treated
as having received the qualified
disaster relief distribution in an
eligible rollover distribution (as
defined in section 402(c)(4)) and as
having transferred the amount to the
eligible retirement plan in a direct
trustee to trustee transfer within 60
days of the distribution.
``(III) Treatment of repayments for
distributions from iras.--For purposes
of this title, if a contribution is
made pursuant to subparagraph (A) with
respect to a qualified disaster relief
distribution from an individual
retirement plan (as defined by section
7701(a)(37)), then, to the extent of
the amount of the contribution, the
qualified disaster relief distribution
shall be treated as a distribution
described in section 408(d)(3) and as
having been transferred to the eligible
retirement plan in a direct trustee to
trustee transfer within 60 days of the
distribution.
``(v) Qualified disaster relief
distribution.--For purposes of this
subparagraph, the term `qualified disaster
relief distribution' means a distribution
made--
``(I) within 1 year after the date
on which a major disaster is declared
under section 401 of the Robert T.
Stafford Disaster Assistance Relief and
Emergency Assistance Act,
``(II) on account of such disaster,
and
``(III) to an individual whose
principal place of abode is in the area
with respect to which such disaster was
declared and who has sustained an
economic loss by reason of such
disaster.
``(vi) Income inclusion spread over 3-year
period.--
``(I) In general.--In the case of
any qualified disaster relief
distribution, unless the taxpayer
elects not to have this clause apply
for any taxable year, any amount
required to be included in gross income
for such taxable year shall be so
included ratably over the 3-taxable
year period beginning with such taxable
year.
``(II) Applicable rules.--For
purposes of subclause (I), rules
similar to the rules of subparagraph
(E) of section 408A(d)(3) shall
apply.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to disasters declared after the date of the enactment of
this Act.
(c) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary of the Treasury or the
Secretary of Labor under any provision of this
section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2009, or such later date as the Secretary may
prescribe.
In the case of a governmental plan (as defined in
section 414(d)), clause (ii) shall be applied by
substituting the date which is 2 years after the date
otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract
amendment not required by this section
or such regulation, the effective date
specified by the plan), and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect; and
such plan or contract amendment applies
retroactively for such period. | Affordable Homeowners Insurance Act of 2007 - Amends the Internal Revenue Code to exempt distributions from retirement plans for disaster relief from the penalty for premature retirement plan withdrawals. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exempt disaster relief distributions from retirement plans from the penalty for early withdrawal."} | 1,497 | 39 | 0.455329 | 1.013041 | 0.409951 | 3 | 46.033333 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Industry Tax Break Repeal Act of
2009''.
TITLE I--REPEAL OF OIL INDUSTRY TAX BREAKS
SEC. 101. LIMITATION ON PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Limitation on Aggregate Amount of Depletion.--In the case of
any oil or gas well, the allowance for depletion allowed under section
613 shall not exceed the basis of the taxpayer in such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 102. TERMINATION OF TREATMENT OF NATURAL GAS DISTRIBUTION LINES AS
15-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(E)(viii) of the Internal Revenue
Code of 1986 is amended by striking ``before January 1, 2011'' and
inserting ``on or before the date of the enactment of the Oil Industry
Tax Break Repeal Act of 2009''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to property placed in service on and after the date of
the enactment of this Act.
(2) Exception.--The amendment made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2009, or, in the case
of self-constructed property, has started construction on or
before such date.
SEC. 103. TERMINATION OF TEMPORARY EXPENSING FOR EQUIPMENT USED IN
REFINING OF LIQUID FUELS.
(a) In General.--Section 179C(c)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``before January 1, 2014'' in subparagraph
(B) and inserting ``on or before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2009'', and
(2) by striking ``before January 1, 2010'' each place it
appears in subparagraph (F) and inserting ``on or before the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2009''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service on and after the date of the
enactment of this Act.
SEC. 104. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986, as amended by section 102, is amended by
inserting ``, and'' at the end of clause (viii), by striking the period
at the end of clause (ix) and inserting ``, and'', and by adding at the
end the following new clause:
``(x) any natural gas gathering line the
original use of which commences with the
taxpayer after the date of the enactment of
this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 (relating to special
rule for property assigned to classes) is amended by inserting after
the item relating to subparagraph (E)(ix) the following new item:
``(E)(x).................................................... 22''.
(c) Conforming Amendment.--Clause (iv) of section 168(e)(3) of the
Internal Revenue Code of 1986 is amended by inserting ``and on or
before the date of the enactment of the Oil Industry Tax Break Repeal
Act of 2009'' after ``April 11, 2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service on and after the date of
the enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2009, or, in the case
of self-constructed property, has started construction on or
before such date.
SEC. 105. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to any taxable year beginning after the date
of the enactment of this sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of section
291(b) of the Internal Revenue Code of 1986 are each amended by
striking ``section 263(c), 616(a),'' and inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 106. TERMINATION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 107. TERMINATION OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 108. TERMINATION OF TREATMENT OF ALASKA NATURAL GAS PIPELINES AS
7-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(C)(iii) of the Internal Revenue
Code of 1986 is amended by inserting ``placed in service on or before
the date of the enactment of the Oil Industry Tax Break Repeal Act of
2009'' after ``Alaska natural gas pipeline''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service on and after the date of the enactment of
this Act.
SEC. 109. DENIAL OF DEDUCTION FOR LARGE INTEGRATED OIL COMPANIES FOR
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, GAS,
OR PRIMARY PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 (relating to exceptions) is amended by
striking ``or'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) in the case of a taxpayer which is a
large integrated oil company, oil related
qualified production activities (within the
meaning of subsection (d)(9)(B)).''.
(b) Large Integrated Oil Company.--Subsection (c) of section 199 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(8) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(c) Conforming Amendment.--Section 199(d)(9)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``(other than a large
integrated oil company (as defined in subsection (c)(8))'' after
``taxpayer''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 110. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2008, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2008. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 111. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 112. TERMINATION OF DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
TITLE II--ENERGY TRUST FUND
SEC. 201. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. ENERGY TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Energy Trust Fund',
consisting of such amounts as may be appropriated or credited to such
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust.--There are hereby appropriated to the
Energy Trust Fund amounts equivalent to the revenues resulting from the
amendments made by the title I of the Oil Industry Tax Break Repeal Act
of 2009.
``(c) Expenditures.--Amounts in the Energy Trust Fund shall be
available, as provided in appropriation Acts, only for the purpose of
making expenditures--
``(1) to accelerate the use of clean domestic renewable
energy resources and alternative fuels;
``(2) to promote the utilization of energy-efficient
products and practices and conservation; and
``(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Energy Trust Fund.''. | Oil Industry Tax Break Repeal Act of 2009- Amends the Internal Revenue Code to: (1) limit the oil depletion allowance; (2) terminate accelerated depreciation of natural gas distribution lines and Alaska natural gas pipelines, expensing of equipment used in refining of liquid fuels, the tax deduction for intangible drilling and development costs and tertiary injectants, and the tax credits for enhanced oil recovery and for producing oil and gas from marginal wells; (3) classify natural gas gathering lines as 15-year property for depreciation purposes; and (4) deny large integrated oil companies the tax deduction for income attributable to the domestic production of oil, natural gas, or related products. Defines "large integrated oil companies" as companies with gross receipts in excess of $1 billion and average daily worldwide crude oil production of at least 500,000 barrels.
Requires large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum products according to a specified formula. Denies such oil companies a foreign tax credit for payments to certain foreign countries from which they receive a specified economic benefit as a dual capacity taxpayer.
Establishes in the Treasury the Energy Trust Fund and dedicates amounts in such Trust Fund to accelerating the use of clean domestic renewable energy and alternative fuels, promoting energy efficiency, and increasing research, development, and deployment of clean renewable energy and efficient technologies. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to terminate certain incentives for oil and gas."} | 4,099 | 310 | 0.544456 | 1.644502 | 0.710343 | 3.037879 | 12.871212 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alcohol and Tobacco Tax and Trade
Bureau Personnel Flexibilities Act''.
SEC. 2. ALCOHOL AND TOBACCO TAX AND TRADE BUREAU.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by inserting after chapter 95 the following:
``CHAPTER 96--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
``9601. Definitions; applicability.
``9602. Compensation and performance management system.
``Sec. 9601. Definitions; applicability
``(a) Definitions.--For purposes of this chapter--
``(1) the term `Secretary' means the Secretary of the
Treasury;
``(2) the term `Bureau' means the Alcohol and Tobacco Tax
and Trade Bureau, Department of the Treasury; and
``(3) the terms `senior executive' and `Senior Executive
Service position' have the respective meanings given them in
section 3132(a).
``(b) Applicability.--A compensation and performance management
system established under section 9602 shall not cover, and nothing in
any such system shall be considered to apply with respect to, a senior
executive or a Senior Executive Service position.
``Sec. 9602. Compensation and performance management system
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a system,
applying such criteria and procedures as the Secretary
considers appropriate, which shall govern the compensation and
performance management of any number of employees holding
critical scientific, technical, or professional positions in
the Bureau.
``(2) Authority.--Subject to the provisions of this
chapter--
``(A) the establishment of a compensation and
performance management system under this section shall
not be limited by any lack of specific authority under
this title to take the action contemplated, or by any
provision of this title or any rule or regulation
prescribed under this title which is inconsistent with
the action; and
``(B) the total number of positions covered by the
system or systems established under authority of this
section (determined on a full-time equivalent basis)
may not at any time exceed the number equal to 50
percent of the total number of positions within the
Bureau (so determined).
``(3) Consultation.--The Secretary shall consult with the
Director of the Office of Personnel Management in the exercise
of any authority under this section.
``(b) Nonwaivable Provisions; Collaboration.--A compensation and
performance management system established under this section--
``(1) may not provide for a waiver of any provision of law,
rule, or regulation identified in section 4703(c); and
``(2) shall be established and implemented in a manner
consistent with subsections (f) and (g) of section 4703.
``(c) Limitations on Compensation.--Except as otherwise provided by
law--
``(1) no employee compensated under a system established
under this section may be paid at a rate of basic pay in excess
of the rate payable for level III of the Executive Schedule
under section 5314; and
``(2) total payments made to employees under a system so
established shall be subject to any limitation on payments
under section 5307, to the same extent and in the same manner
as would apply in the case of employees paid under section
5376.
``(d) Levels of Performance.--A system established under this
section shall have not less than 2 levels of performance above a
retention standard.
``(e) Disclosure of Information.--The Secretary of the Treasury, on
request of the Director of the Office of Personnel Management, shall
furnish information relating to the operation of any compensation and
performance management system established under this section.''.
(b) Compliance Using a Preexisting System.--Nothing in this Act
shall be considered to require that the Secretary of the Treasury
discontinue any compensation and performance management system,
originally implemented as a demonstration project, or postpone any
plans to modify any such system, so long as such system (as so
implemented or modified) satisfies the requirements of chapter 96 of
title 5, United States Code, as amended by this Act.
(c) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 95 the following:
``96. Alcohol and Tobacco Tax and Trade Bureau.............. 9601''.
SEC. 3. STUDY.
(a) In General.--Not later than 1 year after the date of the
establishment of a compensation and performance management system under
section 9602 of title 5, United States Code, as amended by this Act
(or, in any circumstance described in section 2(b), after the earliest
date, on or after the date of the enactment of this Act, as of which a
system satisfying the requirements of chapter 96 of such title, as so
amended, is in operation) the Government Accountability Office shall
submit to the appropriate committees of Congress a report on--
(1) the operation of such system; and
(2) the operation of ongoing demonstration projects,
whether under section 4703 of title 5, United States Code, or
other authority, testing the use of a pay and classification
system different from the system set forth in chapter 51 and
subchapter III of chapter 53 of such title 5 (relating to the
General Schedule).
The report shall, with respect to each system covered by such report,
include an assessment of the overall effectiveness of such system
(particularly as compared to the system which is based on the General
Schedule) and recommendations for any legislation or administrative
action which the Government Accountability Office considers
appropriate.
(b) Appropriate Committees of Congress.--For purposes of this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Oversight and Government Reform of the
House of Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate. | . Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act - Directs the Secretary of the Treasury to establish a system to govern the compensation and performance management of employees, other than senior executives or employees in the Senior Executive Service, holding critical scientific, technical, or professional positions in the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. Limits the number of employees subject to such system to 50% of the Bureau's full-time employees. Requires such system to compensate employees at a level not exceeding level III of the Executive Schedule and to have not less than two levels of performance above a retention standard. Provides that such system: (1) may not provide for a waiver of employees' rights relating to merit system principles, and (2) must be consistent with collective bargaining agreements and rights. Requires the Secretary, on the request of the Director of the Office of Personnel Management (OPM), to disclose information relating to the operation of any compensation and performance management system established by this Act. Allows the continued use of an existing compensation and performance management system, originally implemented as a demonstration project, so long as such system satisfies the requirements of this Act. Requires the Government Accountability Office (GAO) to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report on the operation of the system and of ongoing demonstration projects testing the use of a pay and classification system different than the General Schedule for federal employee compensation. | {"src": "billsum_train", "title": "Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act"} | 1,336 | 331 | 0.599146 | 1.866122 | 0.774575 | 3.821549 | 4.154882 | 0.892256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Our Democracy Act of 2015''.
SEC. 2. ELECTION OF MEMBERS OF CONGRESS THROUGH OPEN PRIMARIES.
(a) Rules for Election of Members.--A candidate for election for
the office of Senator or Member of the House of Representatives shall
be elected to such office pursuant to the following elections held by
the State in which the candidate seeks election:
(1) An open primary election for such office held in
accordance with subsection (b).
(2) A general election for such office held in accordance
with subsection (c).
(b) Open Primaries.--Each State shall hold an open primary election
for each office of Senator or Member of the House of Representatives in
the State under which--
(1) each candidate for such office, regardless of the
candidate's political party preference or lack thereof, shall
appear on a single ballot; and
(2) each voter in the State who is eligible to vote in
elections for Federal office in the State (in the case of an
election for the office of Senator) or in the Congressional
district involved (in the case of an election for the office of
Member of the House of Representatives) may cast a ballot in
the election, regardless of the voter's political party
preference or lack thereof.
(c) General Election.--Each State shall hold a general election for
each office of Senator or Member of the House of Representatives in the
State under which the 2 candidates receiving the greatest number of
votes in the open primary election for such office (as described in
subsection (b)), without regard to the political party preference or
lack thereof of such candidates, shall be the only candidates appearing
on the ballot.
SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES.
(a) Option of Candidates To Declare Political Party Preference.--At
the time a candidate for the office of Senator or Member of the House
of Representatives files to run for such office, the candidate shall
have the option of declaring a political party preference, and the
preference chosen (if any) shall accompany the candidate's name on the
ballot for the election for such office.
(b) Designation for Candidates Not Declaring Preference.--If a
candidate does not declare a political party preference under
subsection (a), the designation ``No Party Preference'' shall accompany
the candidate's name on the ballot for the election for such office.
(c) No Party Endorsement Implied.--The selection of a party
preference by a candidate under subsection (a) shall not constitute or
imply endorsement of the candidate by the party designated, and no
candidate in a general election shall be deemed the official candidate
of any party by virtue of his or her selection in the primary.
SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES.
Nothing in this Act shall restrict the right of individuals to join
or organize into political parties or in any way restrict the right of
private association of political parties. Nothing in this Act shall
restrict a party's right to contribute to, endorse, or otherwise
support a candidate for the office of Senator or Member of the House of
Representatives. Nothing in this Act may be construed to prevent a
political party from establishing such procedures as it sees fit to
endorse or support candidates or otherwise participate in all
elections, or from informally designating candidates for election to
such an office at a party convention or by whatever lawful mechanism
the party may choose, other than pursuant to a primary election held by
a State. Nothing in this Act may be construed to prevent a political
party from adopting such rules as it sees fit for the selection of
party officials (including central committee members, presidential
electors, and party officers), including rules restricting
participation in elections for party officials to those who disclose a
preference for that party at the time of registering to vote.
SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC
HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.
(a) In General.--For purposes of any law relating to Federal
employment, the Tuesday next after the first Monday in November in 2016
and each even-numbered year thereafter shall be treated in the same
manner as a legal public holiday described in section 6103 of title 5,
United States Code.
(b) Sense of Congress Regarding Treatment of Day by Private
Employers.--It is the sense of Congress that private employers in the
United States should give their employees a day off on the Tuesday next
after the first Monday in November in 2016 and each even-numbered year
thereafter to enable the employees to cast votes in the elections held
on that day.
(c) No Effect on Early or Absentee Voting.--Nothing in this section
shall be construed to affect the authority of States to permit
individuals to cast ballots in elections for Federal office prior to
the date of the election (including the casting of ballots by mail) or
to cast absentee ballots in the election.
SEC. 6. STUDY OF STATE CONGRESSIONAL REDISTRICTING PROCESSES;
RECOMMENDATIONS FOR ESTABLISHMENT OF INDEPENDENT
REDISTRICTING COMMISSIONS BY STATES.
(a) Study.--The Comptroller General shall conduct a study of the
procedures used by States to conduct Congressional redistricting, and
shall include in the study the following:
(1) An analysis of the impact that different procedures for
redistricting have had on the ability of minority voters to
participate in the political process and to elect
representatives of their choice.
(2) An analysis of the impact that different procedures for
redistricting have had on the ability of local communities,
represented within the political boundaries of counties,
cities, towns, and wards, to participate in the political
process and to elect representatives of their choice.
(3) An analysis of the benefits of requiring each State to
conduct Congressional redistricting through the use of an
independent redistricting commission and the best practices for
the administration of independent redistricting commissions.
(b) Report to Congress.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a
report to Congress on the study conducted under subsection (a),
and shall include in the report recommendations for proposed
legislation or other measures to require States to conduct
Congressional redistricting through independent commissions, on
the basis of national standards enacted by Congress.
(2) Legislation to carry out recommendations.--For
recommendations for proposed legislation in the report
submitted under paragraph (1), the Comptroller General shall
include the text of such proposed legislation in the report.
(c) Congressional Consideration of Legislation Included in
Report.--
(1) Legislation described.--A bill described in this
paragraph is a bill meeting the following requirements:
(A) The bill is introduced not later than 90 days
after the date on which the Comptroller General submits
the report to Congress under subsection (b).
(B) The text of the bill consists of the text of
the proposed legislation included in the report
submitted by the Comptroller General under subsection
(b).
(C) The title of the bill is as follows: ``A bill
to implement the recommendations of the Comptroller
General to require States to conduct Congressional
redistricting through independent commissions, as
submitted to Congress under section 6(b) of the Open
Our Democracy Act of 2015.''.
(2) Referral.--A bill described in paragraph (1) that is
introduced in the House of Representatives shall be referred to
the Committee on the Judiciary of the House of Representatives.
A bill described in paragraph (1) introduced in the Senate
shall be referred to the Committee on the Judiciary of the
Senate.
(3) Discharge.--If the committee to which a bill described
in paragraph (1) is referred has not reported such bill (or an
identical bill) by the end of the 60-day period beginning on
the date on which the bill is introduced, such committee shall
be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on
the appropriate calendar of the House involved.
(4) Consideration.--(A) On or after the third day after the
date on which the committee to which such a bill is referred
has reported or has been discharged (under paragraph (3)) from
further consideration of such a bill, it is in order (even
though a previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to proceed
to the consideration of the bill. A Member may make the motion
only on the day after the calendar day on which the Member
announces to the House concerned the Member's intention to make
the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the
committee to which the bill was referred. All points of order
against the bill (and against consideration of the bill) are
waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
bill is agreed to, the respective House shall immediately
proceed to consideration of the joint bill without intervening
motion, order, or other business, and the bill shall remain the
unfinished business of the respective House until disposed of.
(B) Debate on the bill, and on all debatable motions and
appeals in connection therewith, shall be limited to not more
than 10 hours, which shall be divided equally between those
favoring and those opposing the bill. An amendment to the bill
is not in order, except that a single amendment which is
entirely clerical in nature may be offered by a Member favoring
the bill. A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
bill is not in order. A motion to reconsider the vote by which
the bill is agreed to or disagreed to is not in order.
(C) Immediately following the conclusion of the debate on a
bill described in paragraph (1) and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of
the bill shall occur.
(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating
to a bill described in paragraph (1) shall be decided without
debate.
(5) Consideration by other house.--(A) If, before the
passage by one House of a bill of that House described in
paragraph (1), that House receives from the other House a bill
described in paragraph (1), then the following procedures shall
apply:
(i) The bill of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in clause (ii)(II).
(ii) With respect to a bill described in paragraph
(1) of the House receiving the bill--
(I) the procedure in that House shall be
the same as if no bill had been received from
the other House; but
(II) the vote on final passage shall be on
the bill of the other House.
(B) Upon disposition of the bill received from the other
House, it shall no longer be in order to consider the bill that
originated in the receiving House.
(6) Exercise of rulemaking authority.--This subsection is
enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
bill described in paragraph (1), and it supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 7. MEMBER OF THE HOUSE DEFINED.
In this Act, the term ``Member of the House of Representatives''
included a Delegate or Resident Commissioner to the Congress.
SEC. 8. EFFECTIVE DATE.
Except as provided in sections 5(a) and 6, this Act shall apply
with respect to elections occurring during 2016 or any succeeding year. | Open Our Democracy Act of 2015 Requires all candidates for election to the Senate and the House of Representatives to run in an open primary, regardless of political party preference or lack thereof. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Directs the Government Accountability Office to study the procedures used by states to conduct congressional redistricting. | {"src": "billsum_train", "title": "Open Our Democracy Act of 2015"} | 2,878 | 193 | 0.514248 | 1.490435 | 0.896083 | 4.300578 | 15.50289 | 0.924855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wartime Violation of Italian
American Civil Liberties Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The freedom of more than 600,000 Italian-born
immigrants in the United States and their families was
restricted during World War II by Government measures that
branded them ``enemy aliens'' and included carrying
identification cards, travel restrictions, and seizure of
personal property.
(2) During World War II more than 10,000 Italian Americans
living on the West Coast were forced to leave their homes and
prohibited from entering coastal zones. More than 50,000 were
subjected to curfews.
(3) During World War II thousands of Italian American
immigrants were arrested, and hundreds were interned in
military camps.
(4) Hundreds of thousands of Italian Americans performed
exemplary service and thousands sacrificed their lives in
defense of the United States.
(5) At the time, Italians were the largest foreign-born
group in the United States, and today are the fifth largest
immigrant group in the United States, numbering approximately
23,000,000.
(6) The impact of the wartime experience was devastating to
Italian American communities in the United States, and its
effects are still being felt.
(7) A deliberate policy kept these measures from the public
during the war. Even 50 years later much information is still
classified, the full story remains unknown to the public, and
it has never been acknowledged in any official capacity by the
United States Government.
(8) This story needs to be told in order to acknowledge
that these events happened, to remember those whose lives were
unjustly disrupted and whose freedoms were violated, to help
repair the damage to the Italian American community, and to
discourage the occurrence of similar injustices and violations
of civil liberties in the future.
(9) Federal agencies, including the Department of Education
and the National Endowment for the Humanities, should support
projects such as--
(A) conferences, seminars, and lectures to heighten
awareness of this unfortunate chapter in our Nation's
history;
(B) the refurbishment of and payment of all
expenses associated with the traveling exhibit ``Una
Storia Segreta'', to be exhibited at major cultural and
educational institutions throughout the United States;
and
(C) documentaries to allow this issue to be
presented to the American public to raise their
awareness.
(10) An independent, volunteer advisory committee should be
established comprised of representatives of Italian American
organizations, historians, and other interested individuals to
assist in the compilation, research, and dissemination of
information concerning the treatment of Italian Americans.
(11) After completion of the report required by this Act,
financial support should be provided for the education of the
American public through the production of a documentary film
suited for public broadcast.
SEC. 3. REPORT.
The Inspector General of the Department of Justice shall conduct a
comprehensive review of the treatment by the United States Government
of Italian Americans during World War II, and within 12 months of the
date of enactment of this Act shall submit to the Congress a report
that documents the findings of such review. The report shall cover the
period between September 1, 1939, and December 31, 1945, and shall
include the following:
(1) The names of all Italian Americans who were taken into
custody in the initial roundup following the attack on Pearl
Harbor, and prior to the United States declaration of war
against Italy.
(2) The names of all Italian Americans who were interned or
taken into custody.
(3) The locations where Italian Americans were interned.
(4) The names of all Italian Americans who were ordered to
move out of designated areas under the United States Army's
``Individual Exclusion Program''.
(5) The names of all Italian Americans who were arrested
for curfew, contraband, or other violations under the authority
of Executive Order 9066.
(6) Documentation of FBI raids on the homes of Italian
Americans and an explanation of the authority under which each
such action was taken.
(7) A list of ports from which Italian American fishermen
were restricted.
(8) The names of Italian American fishermen who were unable
to pursue their livelihoods.
(9) The names of Italian Americans whose boats were
confiscated.
(10) A list of Italian American railroad workers who were
prevented from working in prohibited zones.
(11) A list of all civil liberties infringements suffered
by Italian Americans during World War II, including internment,
hearings without benefit of counsel, illegal searches and
seizures, travel restrictions, enemy alien registration
requirements, employment restrictions, confiscation of
property, and forced evacuation from homes.
(12) An explanation of why the civil liberties
infringements occurred.
(13) An explanation of why some Italian Americans were
subjected to civil liberties infringements while others were
not.
(14) A review of the wartime restrictions on Italian
Americans to determine how civil liberties can be better
protected during national emergencies.
SEC. 4. FORMAL ACKNOWLEDGEMENT.
The President shall, on behalf of the United States Government,
formally acknowledge that these events during World War II represented
a fundamental injustice against Italian Americans. | Wartime Violation of Italian American Civil Liberties Act - Requires the Inspector General of the Department of Justice to conduct a comprehensive review of the treatment by the Federal Government of Italian Americans during World War II (between September 1, 1939, and December 31, 1945) and to report to the Congress on the findings of such review. Requires the findings to include information regarding: (1) Italian Americans who were interned, taken into custody, ordered to move out of designated areas, or arrested for curfew, contraband, or other violations; (2) Federal Bureau of Investigations raids on Italian Americans homes; (3) restrictions on Italian American fishermen and railroad workers; and (4) civil liberties infringements suffered by Italian Americans during World War II.
Requires the President, on behalf of the Government, to formally acknowledge that these events during World War II represented a fundamental injustice against Italian Americans. | {"src": "billsum_train", "title": "Wartime Violation of Italian American Civil Liberties Act"} | 1,082 | 192 | 0.551803 | 1.845864 | 0.672351 | 4.791908 | 6.33526 | 0.965318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Centennial Historic District
Authorization Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centennial Historic District in the Commonwealth of
Pennsylvania was the site of an international exhibition to
celebrate the Centennial of the United States in 1876.
(2) On March 3, 1871, an Act of Congress created the United
States Centennial Commission and provided that an Exhibition of
American and foreign arts, products, and manufactures be held
in Philadelphia in 1876.
(3) Held only 11 years after the end of the Civil War, the
Centennial Exhibition was a both a national celebration of
unity and a recognition by the world community that the United
States was emerging as the leading nation in the world.
(4) The Centennial Exhibition displayed 60,000 exhibits
from more than 28 countries around the world in 240 buildings
and hosted nearly 10 million visitors, estimated to be nearly
25 percent of the population of the United States at the time.
It was the first World's Fair to be held in the United States.
(5) The Exhibition became the center of cultural,
technological, economic and geopolitical development in the
United States by demonstrating groundbreaking innovations,
including root beer, the telephone, kindergarten, the
typewriter, the phonograph, and the monorail.
(6) More than 100 American companies who participated in
the Centennial Exhibition are still in business today,
including Bausch and Lomb, John Deere, Campbell's, Heinz, and
Wyeth.
(7) The Centennial Historic District is located in
Fairmount Park, which is listed on the National Register of
Historic Places.
(8) Memorial Hall, a centerpiece of the Centennial
celebration, is a National Historic Landmark and is being
renovated to join other cultural institutions as an anchor for
the Centennial Historic District.
(9) The Centennial Historic District will commemorate the
historic significance of the Centennial celebration in our
Nation's history.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historic district.--The term ``historic district''
means the Centennial Historic District established by section
4.
(2) Management plan.--The term ``management plan'' means
the management plan described in section 5(b).
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior; or
(B) the head of any Federal agency to which funds
are appropriated to carry out this Act.
SEC. 4. CENTENNIAL HISTORIC DISTRICT.
(a) Establishment.--There is established the Centennial Historic
District in the city of Philadelphia, Pennsylvania.
(b) Boundaries.--The boundaries of the historic district shall be
as depicted on the map titled ``Fairmount Park's Proposed Centennial
Authorization Boundary'', numbered A, and dated December 2007. The map
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 5. ADMINISTRATION OF CENTENNIAL HISTORIC DISTRICT.
(a) In General.--The Secretary may make grants to, and enter into
cooperative agreements with, any State or local government agencies,
any nonprofit entities designated by the Secretary to operate the
historic district, or any leaseholders for--
(1) the preparation of the management plan; and
(2) the implementation of projects approved by the
Secretary under the management plan.
(b) Management Plan.--
(1) In general.--The Secretary shall prepare a plan for the
development of historic, architectural, natural, cultural,
recreational, and interpretive resources within the historic
district.
(2) Requirements.--The management plan shall include--
(A) an evaluation of--
(i) the condition of historic and
architectural resources in the historic
district; and
(ii) the environmental conditions in the
historic district; and
(B) recommendations for--
(i) rehabilitating, reconstructing, and
adaptively reusing the historic and
architectural resources evaluated under
subparagraph (A)(i);
(ii) preserving viewsheds, focal points,
and streetscapes in the historic district;
(iii) establishing gateways to the historic
district;
(iv) establishing and maintaining parks and
public spaces in the historic district;
(v) developing public parking areas in the
historic district;
(vi) improving pedestrian and vehicular
circulation in the historic district; and
(vii) improving security in the historic
district.
(3) Restoration, maintenance, and interpretation.--
(A) Cooperative agreements.--For projects
recommended in the management plan, the Secretary may
enter into cooperative agreements with the city of
Philadelphia, agents of the city, and designated
partners to--
(i) provide technical assistance with
respect to the preservation and interpretation
of properties within the historic district; and
(ii) mark, improve, restore, and provide
interpretation of properties within the
historic district.
(B) Contents.--A cooperative agreement under
subparagraph (A) shall ensure that--
(i) the Secretary has a right of access at
reasonable times to public portions of the
historic district for interpretive and other
purposes; and
(ii) no change or alteration shall be made
in the property except with the agreement of
the property owner, the Secretary, and any
Federal agency that may have regulatory
jurisdiction over the property.
(c) Capital Projects.--
(1) In general.--The Secretary shall, to the extent funds
are available, make grants for capital improvements in the
historic district.
(2) Application.--To be eligible for a grant under this
subsection, an entity shall submit to the Secretary an
application that includes information concerning how the
proposed capital project will improve the historic district.
(3) Considerations.--In making grants under this
subsection, the Secretary shall--
(A) consider the cost and benefit of the proposed
capital project; and
(B) give priority to proposed capital projects--
(i) providing gateways to, and signage for,
the historic district;
(ii) improving historical monuments in the
historic district;
(iii) maintaining public parks and spaces
in the historic district;
(iv) establishing a trail in the historic
district;
(v) maintaining and improving the lake in
the historic district;
(vi) improving the streetscape, including
lighting, of the Girard Gateway;
(vii) improving pedestrian and vehicular
traffic circulation and parking at the western
end of the Centennial Exhibition grounds; or
(viii) restoring Memorial Hall.
(4) Matching funds.--To be eligible for a grant under this
subsection, the recipient shall provide matching, non-Federal
funds in an amount equal to not less than 20 percent of the
total amount of the grant.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$45,000,000 for fiscal years 2009 through 2013. Of the amount
appropriated pursuant to this section, the Secretary shall obligate not
more than 12 percent for planning and technical assistance. | Centennial District Authorization Act of 2008 - Establishes in the City of Philadelphia, Pennsylvania, the Centennial Historic District (District).
Authorizes the Secretary of the Interior to make grants to, or enter into cooperative agreements with, state or local government agencies, nonprofit entities, and any leaseholders to administer the District. Directs the Secretary to: (1) prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District; and (2) make grants for capital improvement projects in the District. | {"src": "billsum_train", "title": "To establish the Centennial Historic District in Philadelphia, Pennsylvania, and for other purposes."} | 1,531 | 118 | 0.507791 | 1.424603 | 0.485352 | 4.235849 | 13.528302 | 0.95283 |
S BY THE DIRECTOR OF
THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.
(a) In General.--Chapter 41 of title 28, United States Code, is
amended by adding after section 612 the following new section:
``Sec. 613. Analysis of bills and resolutions
``(a) Subject to the provisions of subsection (b), the Director of
the Administrative Office of the United States Courts shall prepare an
analysis of each bill or resolution reported by any committee of the
Senate or House of Representatives. Such analysis shall include--
``(1)(A) an estimate of the litigation costs to the Federal
courts which would result from the enactment of such bill or
resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such
fiscal year; and
``(B) the basis for each such estimate;
``(2)(A) an estimate of the litigation costs to the State
courts which would result from the enactment of the bill or
resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such
fiscal year; and
``(B) the basis for each such estimate;
``(3)(A) an estimate of the attorneys' fees which would
result from the enactment of the bill or resolution in the
fiscal year in which it is to become effective and in each of
the 4 fiscal years following such fiscal year; and
``(B) the basis for each such estimate;
``(4)(A) an estimate of the increased liability which would
be incurred by the Federal, State, and local government
agencies which would result from the enactment of the bill or
resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such
fiscal year; and
``(B) the basis for each such estimate;
``(5)(A) an estimate of the increased liability which would
be incurred by the private sector, including individuals,
business organizations and nonprofit entities, which would
result from the enactment of the bill or resolution in the
fiscal year in which it is to become effective and in each of
the 4 fiscal years following such fiscal year; and
``(B) the basis for each such estimate; and
``(6) a description of each method for establishing a
Federal financial commitment contained in such bill or
resolution.
``(b) The provisions of subsection (a) shall not apply to--
``(1) any private bill or resolution; or
``(2) any bill or resolution reported by the Committee on
Appropriations of each House.
``(c) The Director of the Administrative Office of the United
States Courts shall submit the analysis described under subsection (a)
to each appropriate committee. To the greatest extent practicable--
``(1) the Director shall submit the analysis before the
committee files the applicable bill or resolution as reported
by the committee; and
``(2) the committee shall include the analysis in the
committee report accompanying the applicable reported bill or
resolution.
``(d) At the request of a Senator, the Director of the
Administrative Office of the United States Courts shall provide an
analysis under this section for--
``(1) any bill or resolution not reported by a committee to
be considered by the Senate; and
``(2) any amendment to be offered in the Senate.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 41 of title 28, United States Code, is amended by adding after
the item relating to section 612 the following:
``613. Analysis of bills and resolutions.''.
(c) Point of Order in the Senate.--(1) Except as otherwise provided
under this subsection, it shall not be in order in the Senate to
consider any bill, resolution, or amendment described under paragraph
(2) for which an analysis prepared by the Director of the
Administrative Office of the United States Courts under section 613 of
title 28, United States Code, has not been submitted to the appropriate
committee or the Secretary of the Senate.
(2) Paragraph (1) shall apply to--
(A) any bill or resolution (other than a private bill or
resolution) that--
(i) is not reported by a committee; and
(ii) is to be considered by the Senate; and
(B) any amendment to be offered in the Senate, other than
an amendment relating to appropriations.
(3) The provisions of paragraph (1) may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the Members,
duly chosen and sworn.
(d) Rulemaking Power of Congress.--The provisions of section 613(c)
of title 28, United States Code (as added by subsection (a) of this
section) and subsection (c) of this section are enacted by the
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such rules supersede other rules only to the extent that such
rules are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House. | Amends the Federal judicial code to require the Director of the Administrative Office of the U.S. Courts to prepare an analysis of each bill or resolution reported by any congressional committee which shall include: (1) estimates of the litigation costs to the Federal and State courts, attorney fees, and increased liability incurred by Federal, State, and local government agencies and by the private sector that would result from enactment of such legislation in the fiscal year in which it is to become effective and in each of the four fiscal years thereafter; (2) the basis for each estimate; and (3) a description of each method for establishing a Federal financial commitment contained in such legislation. Makes such provisions inapplicable to any private legislation or legislation reported by the Appropriations Committees of each House.
Requires: (1) the Director to submit the analysis to each appropriate committee, to the greatest extent practicable, before the committee files the applicable legislation reported by the committee; and (2) the committee to include the analysis in the committee report accompanying the applicable reported bill or resolution.
Requires the Director, at the request of a Senator, to provide an analysis for any legislation not reported by a committee to be considered by the Senate and any amendment to be offered in the Senate.
Specifies that it shall not be in order in the Senate to consider any legislation (other than private legislation) that is not reported by a committee and is to be considered by the Senate, and any amendment to be offered in the Senate other than one relating to appropriations, for which an analysis prepared by the Director has not been submitted to the appropriate committee or the Secretary of the Senate. Allows this provision to be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members. | {"src": "billsum_train", "title": "A bill to amend chapter 41 of title 28, United States Code, to provide for an analysis of certain bills and resolutions pending before the Congress by the Director of the Administrative Office of the United States Courts, and for other purposes."} | 1,149 | 378 | 0.669411 | 2.103054 | 0.89838 | 4.751429 | 3.285714 | 0.911429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Fraud and Fairness Reform
Act''.
TITLE I--FEDERAL TRADE COMMISSION
SEC. 101. INVESTIGATION OF GASOLINE PRICES.
(a) Investigation.--Not later than 30 days after the date of the
enactment of this Act, the Federal Trade Commission shall commence an
investigation to determine if the price of gasoline is being
artificially manipulated by speculation in the oil markets and
specifically at the Intercontinental Exchange in Atlanta, Georgia.
(b) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Federal Trade Commission shall transmit
to Congress a report that describes--
(1) the progress of the investigation; and
(2) any recommendations of the Federal Trade Commission
regarding any legislation necessary to address speculation in
the oil markets.
TITLE II--TAX PROVISIONS
SEC. 201. INCREASE IN CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY.
(a) In General.--Subsection (a) of section 30C of the Internal
Revenue Code of 1986 (relating to credit allowed for alternative fuel
vehicle refueling property) is amended by striking ``30 percent'' and
inserting ``50 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act in taxable years ending after such date.
SEC. 202. CREDIT FOR CONVERTING GAS AND DIESEL PROPELLED MOTOR VEHICLES
TO VEHICLES PROPELLED BY ALTERNATIVE FUEL, CLEAN FUEL, OR
FUEL CELLS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30D. CONVERSION OF GAS AND DIESEL PROPELLED MOTOR VEHICLES
PROPELLED BY ALTERNATIVE FUEL, CLEAN FUEL, OR FUEL CELLS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the aggregate costs of a qualified conversion of a motor
vehicle--
``(1) which, after such conversion, is placed in service by
the taxpayer during the taxable year,
``(2) of which the original use after such conversion
commences with the taxpayer, and
``(3) which, after such conversion, is for use or lease by
the taxpayer and not for resale or lease to others.
``(b) Definitions.--For purposes of this section--
``(1) Qualified conversion.--The term `qualified
conversion' means the conversion of a motor vehicle from a
vehicle that is propelled by gasoline or diesel fuel to a
vehicle that is propelled by alternative fuel, clean fuel, or
fuel cells.
``(2) Alternative fuel.--The term `alternative fuel' has
the meaning given such term by section 6426(d)(2), determined
without regard to the last sentence thereof.
``(3) Clean fuel.--The term `clean fuel' has the meaning
given such term by section 179A(e)(1).
``(4) Fuel cell.--The term `fuel cell' means qualified fuel
cell property (as defined in section 48(c)(1)).
``(5) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(c) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23 and 25D) and section 27 for the
taxable year.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b)(1) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any conversion of a vehicle if
the taxpayer elects to not have this section apply to such
conversion.
``(5) Denial of double benefit.--
``(A) If a credit is allowed under section 30B with
respect to a vehicle, not credit shall be allowed under
this section with respect to such vehicle.
``(B) No amount taken into account under this
section shall be allowed as a deduction under any other
provision of this subtitle.
``(6) Property used by tax-exempt entity; interaction with
air quality and motor vehicle safety standards.--Rules similar
to the rules of paragraphs (6) and (10) of section 30B(h) shall
apply for purposes of this section.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (32),
by striking the period at the end of paragraph (33) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(34) the portion of the motor vehicle conversion credit
to which section 30D(d)(1) applies.''.
(c) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (35), by striking the period at
the end of paragraph (36) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(37) to the extent provided in section 30D(e)(1).''.
(2) Section 6501(m) of such Code is amended by inserting
``30D(e)(4),'' after ``30C(e)(5),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30D. Conversion of gas and diesel propelled motor vehicles
propelled by alternative fuel, clean fuel,
or fuel cells.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
TITLE III--REFINERY CAPACITY STUDY
SEC. 301. REFINERY CAPACITY STUDY.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General shall transmit to Congress a report containing the
results of a study of refinery capacity in the United States. Such
study shall address--
(1) the impacts United States refinery capacity has on
gasoline prices;
(2) regulatory and other barriers to the construction and
operation of sufficient United States refinery capacity,
including possible collusion among oil companies; and
(3) how oil companies use funding received from the Federal
Government, and whether those Federal dollars expand our
domestic oil supply or just go to dividends and stock buybacks. | Energy Fraud and Fairness Reform Act - Directs the Federal Trade Commission (FTC) to investigate and report to Congress on whether the price of gasoline is being artificially manipulated by speculation in the oil markets, specifically at the Intercontinental Exchange in Atlanta, Georgia.
Amends the Internal Revenue Code to increase the alternative fuel vehicle refueling property credit from 30% to 50% of the cost of such a property placed in service by a taxpayer during the year.
Allows a tax credit for conversion of gas and diesel propelled motor vehicles to vehicles propelled by alternative fuel, clean fuel, or fuel cells.
Requires the Comptroller General of the United States to study and report to Congress on the refinery capacity of the United States. | {"src": "billsum_train", "title": "To direct the Federal Trade Commission to investigate how speculators are driving up the cost of gasoline in the financial markets, and for other purposes."} | 1,976 | 161 | 0.594437 | 1.597658 | 0.70019 | 4.275362 | 12.528986 | 0.942029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Medicaid Funding Act of
1993''.
SEC. 2. CHANGE IN FEDERAL MEDICAL ASSISTANCE PERCENTAGE.
(a) In General.--Subsection (b) of section 1905 of the Social
Security Act (42 U.S.C. 1396d(b)) is amended to read as follows:
``(b)(1)(A) Except as provided in paragraph (3), the term `Federal
medical assistance percentage' means, for each of the 50 States and the
District of Columbia, 100 percent reduced by the product of the
applicable percentage (as defined in subparagraph (B)) and the ratio
of--
``(i)(I) for each of the 50 States, the total taxable
resources ratio (as defined in subparagraph (C)) of the State,
or
``(II) for the District of Columbia, the per capita income
ratio (as defined in subparagraph (D)), to--
``(ii) the population in poverty ratio (as defined in
subparagraph (E)) of the State or District.
``(B)(i) For purposes of this subsection, the term `applicable
percentage' means a percentage estimated by the Secretary with the
advice of the General Accounting Office that, when applied under
subparagraph (A), would result in an amount of aggregate payments under
section 1903(a) for calendar years 1994 through 1998 equal to the
amount of aggregate payments that would have been made under such
section for quarters in such years if this subsection were applied as
in effect on the day before the date of the enactment of the Medicaid
Fairness in Funding Act of 1993.
``(ii) The applicable percentage estimated by the Secretary under
clause (i) shall continue to apply with respect to quarters beginning
after calendar year 1998.
``(C) For purposes of this subsection, the term `total taxable
resources ratio' means--
``(i) an amount equal to the most recent 3-year average of
the total taxable resources of the State, as determined by the
Secretary of the Treasury, divided by
``(ii) an amount equal to the sum of the 3-year averages
determined under clause (i) for each of the 50 States.
``(D) For purposes of this subsection, the term `per capita income
ratio' means--
``(i) an amount equal to the most recent 3-year average of
the total personal income of the District of Columbia, as
determined in accordance with the provisions of section
1101(a)(8)(B), divided by
``(ii) an amount equal to the total personal income of the
continental United States (including Alaska) and Hawaii, as
determined under section 1101(a)(8)(B).
``(E) For purposes of this subsection, the term `population in
poverty ratio' means--
``(i) an amount equal to the 3-year-average of the number
of individuals in the State (or the District of Columbia) whose
family income is below the income official poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Omnibus
Budget Reconciliation Act of 1981), divided by
``(ii) an amount equal to the sum of the averages
determined under clause (i) for the 50 States.
``(2) The Federal medical assistance percentage for Puerto Rico,
the Virgin Islands, Guam, the Northern Mariana Islands, and American
Samoa shall be 50 percent.
``(3)(A) Except as provided in subparagraph (B), the Federal
medical assistance percentage shall in no case be less than 40 percent
or greater than 83 percent.
``(B) The Federal medical assistance percentage shall be 100
percent with respect to amounts expended as medical assistance for
services which are received through an Indian Health Service facility
whether operated by the Indian Health Service or by an Indian tribe or
tribal organization (as defined in section 4 of the Indian Health Care
Improvement Act).
``(4) For purposes of any provision of law other than a provision
of this title, unless otherwise specifically provided, any reference to
the `Federal medical assistance percentage' as defined in this section
shall be considered a reference to such term as defined under this
subsection as in effect on the day before the date of the enactment of
the Medicaid Fairness in Funding Act of 1993.''.
(b) Conforming Amendment.--Section 1118 of the Social Security Act
(42 U.S.C. 1318) is amended by striking ``(as defined in section
1905)'' and inserting ``(as defined in section 1905(b), as in effect on
the day before the date of the enactment of the Medicaid Fairness in
Funding Act of 1993)''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made to States with respect to calendar quarters
beginning on or after January 1, 1994.
SEC. 3. ADMINISTRATION EXPENDITURES.
(a) In General.--Section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``75 per
centum'' and inserting ``the Federal medical assistance
percentage'';
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) with respect to amounts expended for nursing aide
training and competency evaluation programs, and competency
evaluation programs described in section 1919(e)(1) (including
the costs for nurses aides to complete such competency
evaluation programs) regardless of whether the programs are
provided in or outside nursing facilities or the skill of the
personnel involved in such programs, an amount equal to the
Federal medical assistance percentage of so much of the sums
expended during such quarter (as found necessary by the
Secretary for the proper and efficient administration of the
State plan) as are attributable to such programs; plus'';
(C) in subparagraph (C), by striking ``75 percent''
and inserting ``the Federal medical assistance
percentage''; and
(D) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) an amount equal to the Federal medical assistance
percentage of so much of the sums expended (as found necessary
by the Secretary for the proper and efficient administration of
the State plan) as are attributable to State activities under
section 1919(g); plus'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``(A)(i)'' and inserting
``(A)'';
(ii) by striking ``90 per centum'' and
inserting ``the Federal medical assistance
percentage'';
(iii) by striking ``under this title, and''
and inserting ``under this title; plus''; and
(iv) by striking clause (ii);
(B) in subparagraph (B), by striking ``75 per
centum'' and inserting ``the Federal medical assistance
percentage'';
(C) in subparagraph (C), by striking ``75 per
centum'' and inserting ``the Federal medical assistance
percentage''; and
(D) in subparagraph (D), by striking ``75 percent''
and inserting ``the Federal medical assistance
percentage'';
(3) in paragraph (4), by striking ``100 percent'' and
inserting ``the Federal medical assistance percentage'';
(4) in paragraph (5), by striking ``90 per centum'' and
inserting ``the Federal medical assistance percentage'';
(5) by striking paragraph (6) and inserting the following
new paragraph:
``(6) subject to subsection (b)(3), an amount equal to the
Federal medical assistance percentage of the sums expended with
respect to costs incurred during such quarter (as found
necessary by the Secretary for the elimination of fraud in the
provision and administration of medical assistance provided
under the State plan) which are attributable to the
establishment and operation of (including the training of
personnel employed by) a State medicaid fraud control unit
(described in subsection (q)); plus''; and
(6) in paragraph (7), by striking ``subject to section
1919(g)(3)(B), an amount equal to 50 per centum'' and inserting
``subject to section 1919(g)(3)(C), an amount equal to the
Federal medical assistance percentage''.
(b) Effective Date.--The amendments made by this section shall
apply to payments made to States with respect to calendar quarters
beginning on or after January 1, 1994. | Fairness in Medicaid Funding Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to change the Federal medical assistance percentage used under the Medicaid program. Bases payments to the States for administration costs on the Federal medical assistance percentage. | {"src": "billsum_train", "title": "Fairness in Medicaid Funding Act of 1993"} | 1,949 | 58 | 0.549537 | 1.255418 | 0.462982 | 3.083333 | 37.5625 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Communications Privacy
Act Modernization Act of 2012''.
SEC. 2. REQUIREMENT FOR WARRANT FOR ACCESS TO CONTENTS; NOTICE RULES.
(a) Standard for Access to Stored Communications.--
(1) In general.--Section 2703(a) of title 18, United States
Code, is amended to read as follows:
``(a) Contents of Wire or Electronic Communications.--(1) A
governmental entity may require the disclosure by a provider of
electronic communication service or remote computing service of the
contents of a wire or electronic communication that is stored, held or
maintained by that service only pursuant to--
``(A) a warrant complying with the Federal Rules of
Criminal Procedure and issued by a court with jurisdiction over
the offense under investigation or equivalent State warrant; or
``(B) a court under title I or title VII of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.
and 1881 et seq.).
``(2) Unless delayed notice is ordered under section 2705, not
later than three days after a governmental entity receives contents of
a communication under this subsection, the governmental entity shall
notify the subscriber or customer concerned of the matters required in
notices under, and by the means described in, paragraphs (4) and (5) of
section 2705(a).''.
(2) Conforming amendment.--Section 2703 of title 18, United
States Code, is amended by striking subsection (b).
(b) Prohibition on Disclosure of Customer Communications or
Records.--Section 2702(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
to any governmental entity the contents of any communication
described in section 2703(a) or any record or other information
pertaining to a subscriber to or customer of such service.''.
(c) Delayed Notice.--Section 2705 of title 18, United States Code,
is amended to read as follows:
``SEC. 2705. DELAYED NOTICE.
``(a) Delay of Notification.--(1) A governmental entity acting
under section 2703(a) may, when a warrant is sought, include in the
application a request for an order delaying the notification required
under section 2703(a) for a period not to exceed 90 days, and the court
shall issue the order if the court determines that there is reason to
believe that notification of the existence of the warrant may have an
adverse result.
``(2) In paragraph (1) the term `adverse result' means--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(3) The court may, upon application, grant an extension of an
order issued under paragraph (1), or of a previous extension of such an
order, for up to an additional 90 days.
``(4) Upon expiration of the period of delay granted under this
subsection, the governmental entity shall provide the customer or
subscriber a copy of warrant together with notice that--
``(A) states with reasonable specificity the nature of the
law enforcement inquiry; and
``(B) informs such customer or subscriber--
``(i) that information maintained for such customer
or subscriber by the service provider named in such
process or request was supplied to or requested by that
governmental authority and the date on which the
supplying or request took place;
``(ii) that notification of such customer or
subscriber was delayed;
``(iii) what court made the determination pursuant
to which that delay was made; and
``(iv) which provision of this chapter allowed such
delay.
``(5) The method of providing matter required to be provided under
paragraph (4) may be by service upon the person to whom the matter is
to be provided, or delivery by registered or first-class mail,
electronic mail, or other means reasonably calculated to be effective
as specified by the court issuing the warrant.
``(b) Preclusion of Notice to Subject of Governmental Access.--A
governmental entity acting under section 2703, to the extent that it
may delay notice pursuant to subsection (a) of this section, may apply
to a court for an order commanding a provider of electronic
communications service or remote computing service to whom a warrant is
directed not to notify any other person of the existence of the
warrant. The court shall enter such an order, or an extension of such
an order (or earlier extension), for a period up to 90 days, if the
court determines there is reason to believe that notification of the
existence of the warrant will result in an adverse result as that term
is defined in subsection (a)(2).''.
SEC. 3. REPORTING REQUIREMENTS.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2713. Reporting requirements
``(a) General Rulemaking Authority for Reports Under This
Section.--The Director of the Administrative Office of the United
States Courts may make rules regarding the content and form of the
reports required under this section and reports required under section
3126.
``(b) Reports Concerning Disclosures.--
``(1) To administrative office.--Not later than 30 days
after the issuance or denial of an order or warrant compelling
the disclosure of the contents of any wire or electronic
communication or records or information under this chapter the
issuing or denying judge shall report to the Administrative
Office of the United States Courts--
``(A) the fact that an order was applied for;
``(B) the type of order applied for;
``(C) whether the order was granted as applied for,
was modified, or was denied;
``(D) whether the court also granted delayed notice
and the number of times such delay was granted;
``(E) the identity, including district where
applicable, of the applying investigative or law
enforcement agency making the application and the
person authorizing the application; and
``(F) the type of information or records sought in
the order.
``(2) To congress.--In April of each year the Director of
the Administrative Office of the United States Courts shall
report to Congress with respect to the preceding calendar
year--
``(A) the overall total number of each of the
events described in the subparagraphs of paragraph (1),
regarding applications reported to that Office; and
``(B) a summary and analysis of the data described
in paragraph (1).
``(c) Reports Concerning Emergency Disclosures.--
``(1) To administrative office.--In January of each year,
the Attorney General, the Secretary of the Department of
Homeland Security, the principal prosecuting attorney of a
State, and the principal prosecuting attorney for any political
subdivision of a State shall report to the Administrative
Office of the United States Courts--
``(A) the number of accounts from which voluntary
disclosures were made under sections (b)(8), (c)(4), or
(e) of section 2702; and
``(B) a summary of the basis for disclosure in
those instances where--
``(i) voluntary disclosures under section
2702(b)(8) were made; and
``(ii) the investigation pertaining to
those disclosures was closed without the filing
of criminal charges.
``(2) To congress.--In April of each year the Director of
the Administrative Office of the United States Courts shall
report to Congress with respect to the preceding calendar
year--
``(A) the number of voluntary disclosures described
in paragraph (1) that were made during the preceding
calendar year; and
``(B) a summary and analysis of the information
required to be reported by paragraph (1).
``(d) Provider Reporting Requirements.--
``(1) To administrative office.--Except as provided in
paragraph (2), in January of each year each provider of
electronic communication service or remote computing services
shall report with respect to the preceding calendar year to the
Administrative Office of the United States Courts--
``(A) the number of legal demands received from
Federal law enforcement agencies during the preceding
calendar year for records concerning electronic
communication service or remote computing service;
``(B) the number of legal demands received from
Federal law enforcement agencies during the preceding
calendar year for the contents of wire or electronic
communications in an electronic communications service
or a remote computing service;
``(C) the number of legal demands received from
State and local law enforcement agencies during the
preceding calendar year for records concerning
electronic communication service or remote computing
service;
``(D) the number of legal demands received from
State and local law enforcement agencies during the
preceding calendar year for the contents of wire or
electronic communications in an electronic
communications service or a remote computing service;
and
``(E) the number of accounts about which
information, including subscriber or customer
information, was disclosed, specifying the numbers
disclosed pursuant to legal demand and the numbers
disclosed voluntarily, to Federal, State, or local law
enforcement agencies.
``(2) Exceptions.--The requirement of paragraph (1) does
not apply to a provider of electronic communication services or
remote computing services that, during the reporting period--
``(A) received less than 50 requests combined from
law enforcement agencies;
``(B) disclosed account information concerning less
than 100 subscribers or customers; or
``(C) had less than 100,000 total customers or
subscribers at the end of the calendar year.
``(3) Compensation.--The Director of the Administrative
Office of the United States Court may provide reasonable
compensation to a provider for the costs of compiling a report
required under this subsection.
``(4) Confidentiality of identity of service providers.--
The Director of the Administrative Office of the United States
Courts shall establish procedures to prevent the release to the
public of the identity of service providers with respect to
disclosures they make under this subsection.
``(5) To congress.--In April of each year, the Director of
the Administrative Office of the United States Courts shall
report to Congress with respect to the preceding calendar
year--
``(A) the total numbers of legal demands and of
disclosures required to be reported under paragraph
(1); and
``(B) a summary and analysis of the information
required to be reported by paragraph (1), but without
disclosing the identity of any service provider with
respect to the disclosures to law enforcement that
service provider made.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 121 of title 18, United States Code, is amended by adding at
the end the following new item:
``2713. Reporting requirements.''.
(c) Conforming Amendment.--Section 2702 of title 18, United States
Code, is amended by striking subsection (d).
SEC. 4. REPORT REGARDING MOBILE TRACKING DEVICES.
Not later than two years after the date of the enactment of this
subsection, the Attorney General shall complete a study to determine
trends relating to the frequency and effectiveness of the use of mobile
tracking devices under section 3117 and report the results of that
study to Congress.
SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 3126 of title 18 is amended to read as follows:
``Sec. 3126. Reports concerning pen registers and trap and trace
devices
``(a) To Administrative Office.--Not later than 30 days after the
expiration of an order (or each extension thereof) entered under
section 3123, or the denial of an order for a pen register or trap and
trace device, the issuing or denying judge shall report to the
Administrative Office of the United States Courts--
``(1) the fact that an order or extension was applied for;
``(2) whether the order or extension was granted as applied
for, was modified, or was denied;
``(3) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
``(4) the offense specified in the order or application, or
extension of an order;
``(5) the number and nature of the facilities affected; and
``(6) the identity, including district, of the applying
investigative or law enforcement agency making the application
and the person authorizing the order.
``(b) To Congress.--In April of each year the Director of the
Administrative Office of the United States Courts shall report to
Congress with respect to the preceding calendar year--
``(1) the number of applications for pen register orders
and orders for trap and trace devices; and
``(2) a summary and analysis of the information required to
be reported by subsection (a).''.
SEC. 6. TRANSITION PROVISION RELATED TO REPORTING REQUIREMENTS UNDER
AMENDMENTS MADE BY THIS ACT.
(a) For Reports to the Administrative Office.--Any requirement to
report to the Administrative Office of the United States Courts
contained in an amendment made by this Act shall not take effect until
the beginning of the first January that begins one year or later after
the date of the enactment of this Act.
(b) For Reports to Congress.--Any requirement for a report to
Congress contained in an amendment made by this Act shall not take
effect until reports have been required to be made under that amendment
to the Administrative Office of the United States Courts pursuant to
subsection (a) for an entire calendar year.
SEC. 7. MAKING SUPPRESSION REMEDIES THE SAME FOR INTERCEPTED WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS.
(a) Section 2518 Amendments.--Section 2518(10) of title 18, United
States Code, is amended--
(1) in paragraph (a), by striking ``wire'' and inserting
``electronic, wire,''; and
(2) by striking paragraph (c).
(b) Section 2515 Amendment.--Section 2515 of title 18, United
States Code, is amended by striking ``wire'' and inserting
``electronic, wire,''. | Electronic Communications Privacy Act Modernization Act of 2012 - Amends the federal criminal code to revise rules for requiring disclosure by a governmental entity of wire or electronic communications and for delaying notification of the issuance of a warrant requiring such disclosure. Extends such disclosure requirements to providers of a remote computing service. Permits disclosure by a service provider only pursuant to: (1) a warrant complying with the Federal Rules of Criminal Procedure and issued by a court with jurisdiction over the offense under investigation or equivalent state warrant, or (2) a court under title I or title VII of the Foreign Intelligence Surveillance Act of 1978.
Authorizes the Director of the Administrative Office of the United States Courts to make rules regarding the content and form of reports required under this Act.
Requires the Attorney General to study trends relating to the frequency and effectiveness of the use of mobile tracking devices.
Revises reporting requirements for orders for pen registers and trap and trace devices to require issuing or denying judges to report specified information about such orders to the Administrative Office of the U.S. Courts and to require the Director of such Office to report to Congress on such orders.
Amends the federal criminal code to allow individuals aggrieved by the interception of an electronic communication to move in court to suppress the content of any such communication (currently, allowed for wire or oral communications only). | {"src": "billsum_train", "title": "To amend title 18, United States Code, regarding access to stored communications and customer records, and for other purposes."} | 3,191 | 304 | 0.52657 | 1.547118 | 0.805415 | 4.112403 | 11.70155 | 0.926357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Our States Through Tourism
Act of 2007'' or the ``HOST Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in the 12-month period ending on June 30, 2005--
(A) tourism was the second largest industry in
Louisiana, employing 175,000 workers;
(B) tourism was the fifth largest industry in
Mississippi, employing 126,500 workers;
(C) tourism generated $600,000,000 in State and
local taxes in Louisiana;
(D) tourism generated $634,000,000 in State and
local taxes in Mississippi;
(E) tourism had a $9,900,000,000 economic impact in
the State of Louisiana;
(F) tourism had a $6,350,000,000 economic impact in
the State of Mississippi;
(G) the State of Louisiana generated $14 in revenue
for every dollar the State spent on tourism;
(H) the State of Mississippi generated $12 in
revenue for every dollar the State spent on tourism;
(2) Hurricanes Katrina and Rita severely impacted
Louisiana's travel and tourism industry, reducing--
(A) direct traveler expenditures by more than 18
percent between 2004 and 2005, from $9,900,000,000 to
$8,100,000,000; and
(B) travel-generated employment by 9 percent
between 2004 and 2005;
(3) Hurricane Katrina severely impacted Mississippi's
travel and tourism industry, reducing--
(A) direct traveler expenditures by more than 18
percent between 2004 and 2005, from $6,350,000,000 to
$5,200,000,000; and
(B) travel-generated employment by nearly 18
percent between 2004 and 2005, from 126,500 jobs to
103,885 jobs; and
(4) the Gulf Coast economy cannot fully recover without the
revitalization of the tourism industries in Louisiana and
Mississippi.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Disaster area.--The term ``disaster area'' means the
areas in Louisiana and Mississippi in which the President has
declared a major disaster in response to Hurricane Katrina or
Hurricane Rita.
(3) Hurricane katrina and rita disaster areas.--The term
``Hurricane Katrina and Rita disaster areas'' means the
geographic areas designated as major disaster areas by the
President between August 27, 2005, and September 25, 2005, in
Alabama, Florida, Louisiana, Mississippi, and Texas pursuant to
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(4) Major disaster.--The term ``major disaster'' has the
meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(5) Relevant tourism entities.--The term ``relevant tourism
entity'' means any convention and visitors bureau, nonprofit
organization, or other tourism organization that the governor
of Louisiana or the governor of Mississippi, as the case may
be, after consultation with the Secretary of Commerce,
determines to be eligible for a grant under section 3.
(6) Small business concern.--The term ``small business
concern'' has the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 4. TOURISM RECOVERY GRANTS.
(a) In General.--The Secretary of Commerce, acting through the
Assistant Secretary of Commerce for Economic Development, shall
establish a grant program to assist relevant tourism entities to
promote travel and tourism in Louisiana and Mississippi in accordance
with this section.
(b) Allocation of Funds.--From the amounts appropriated pursuant to
subsection (f), the Secretary shall allocate, as expeditiously as
possible--
(1) $130,000,000 to the State of Louisiana; and
(2) $45,000,000 to the State of Mississippi.
(c) Use of Funds.--Amounts allocated to a State under subsection
(b) shall be used by the State to provide grants to any relevant
tourism entity to--
(1) promote travel and tourism in the State; and
(2) carry out other economic development activities that
have been approved by the Secretary of Commerce, in
consultation with the State.
(d) Criteria.--Notwithstanding any other provision of law, a State,
in awarding grants under subsection (c)--
(1) may use such criteria as the State determines
appropriate; and
(2) shall not be required to apply eligibility criteria for
programs administered by the Federal Government, including the
Department of Commerce.
(e) Administrative Expenses.--Not more than 1 percent of the funds
allocated to States under subsection (b) may be used for administrative
expenses.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $175,000,000 to carry out this section.
SEC. 5. ECONOMIC INJURY DISASTER LOANS.
(a) Loan Authorization.--
(1) In general.--The Administrator may make a loan under
section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))
to a small business concern located in the disaster area that
can demonstrate that--
(A) more than 51 percent of the revenue of that
small business concern comes from tourism; and
(B) such small business concern suffered direct
economic injury from the slowdown in travel and tourism
in the disaster area following Hurricane Katrina or
Hurricane Rita.
(2) Application.--Notwithstanding any other provision of
law, an application for a loan described in paragraph (1) shall
be submitted not later than--
(A) 18 months after the date of the enactment of
this Act; or
(B) such later date as the Administrator may
establish.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 6. FEDERAL GULF COAST TRAVEL AND MEETINGS FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the Federal Gulf Coast
Travel and Meetings Fund (referred to in this section as the ``Trust
Fund''), consisting of such amounts as are appropriated to the Trust
Fund pursuant to subsection (f) and any interest earned on investment
of amounts in the Trust Fund pursuant to subsection (b).
(b) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Trust Fund that
is not required to meet current withdrawals. Such investments may only
be made in interest-bearing obligations of the United States or in
obligations, whose principal and interest is guaranteed by the United
States.
(c) Obligations From Trust Fund.--
(1) In general.--The Secretary of the Treasury may obligate
such sums as are available in the Trust Fund for the purposes
described in paragraph (2).
(2) Eligible uses of trust fund.--Amounts obligated under
this subsection may be transferred to Federal agencies to pay
for--
(A) lodging, meals, travel, and other expenditures
associated with conventions, conferences, meetings or
other large gatherings attended by not less than 100
Federal employees and occurring within the Hurricane
Katrina and Rita disaster areas; and
(B) other expenditures in the Hurricane Katrina and
Rita disaster areas, in accordance with paragraph (3).
(3) Prohibited uses of trust fund.--Amounts obligated under
this subsection may not be transferred to Federal agencies to
pay for--
(A) Federal investigations;
(B) court cases; or
(C) events attended by less than 100 Federal
employees.
(4) Other expenditures.--Amounts may not be obligated under
paragraph (2)(B) before the date that is 30 days after the
Secretary of the Treasury submits a report to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives that sets forth
the intended uses for such amounts.
(d) Report.--Not later than December 31, 2007, the Secretary of
Treasury shall submit a report to the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House of
Representatives that sets forth--
(1) the balance remaining in the Trust Fund;
(2) the expenditures made from the Trust Fund since its
inception;
(3) information on the applications of the Federal agencies
whose requests from the Trust Fund have been denied;
(4) information on the applications that have been
approved, including the amount transferred to each Federal
agency and the uses for which such amounts were approved; and
(5) such additional information as the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives shall reasonably
require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $2,500,000 for fiscal year 2007 to be deposited in the
Trust Fund. | Helping Our States Through Tourism Act of 2007 or HOST Act of 2007 - Directs the Secretary of Commerce to establish a grant program to assist relevant tourism entities (conventions, visitors bureaus, and other tourism organizations) to promote travel and tourism in Louisiana and Mississippi to negate the effects of Hurricanes Katrina and Rita on travel and tourism there.
Authorizes the Administrator of the Small Business Administration (SBA) to make economic injury disaster loans to small businesses located within disaster areas declared as a result of such hurricanes that suffered economic injury from the slowdown in travel and tourism in such areas after such hurricanes.
Establishes in the Treasury the Federal Gulf Coast Travel and Meetings Fund to pay for lodging, meals, travel, and other expenses associated with conventions, conferences, meetings, etc. attended by no fewer than 100 federal employees and occurring within such disaster areas. | {"src": "billsum_train", "title": "A bill to address ongoing economic injury in Gulf Coast States impacted by Hurricanes Katrina and Rita by reviving tourist travel to the region."} | 1,964 | 189 | 0.569844 | 1.630642 | 0.738129 | 3.780488 | 10.95122 | 0.914634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Risk Terrorism Prevention
Initiative of 2006''.
SEC. 2. AMENDMENTS TO.
Section 1014 of the USA PATRIOT Act (42 U.S.C. 3711) is amended to
read as follows:
``SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS
SUPPORT.
``(a) In General.--The Secretary of Homeland Security shall make a
grant each fiscal year to each State for use, in conjunction with units
of local government, to enhance the capability of State and local
jurisdictions to prepare for and respond to terrorist acts including
events of terrorism involving weapons of mass destruction and
biological, nuclear, radiological, incendiary, chemical, and explosive
devices.
``(b) Use of Grant Amounts.--
``(1) In general.--Grants under this section may be used
for any project that was eligible for a grant under any of the
programs referred to in paragraph (2) made with amounts
available for fiscal year 2006, including (as authorized by
such program)--
``(A) to purchase needed equipment and to provide
training and technical assistance to State and local
first responders; and
``(B) to construct, develop, expand, modify,
operate, or improve facilities to provide training or
assistance to State and local first responders.
``(2) Covered programs.--The programs referred to in
paragraph (1) are the following:
``(A) The State Homeland Security Grants program of
the Department of Homeland Security carried out with
amounts appropriated for the Office for Domestic
Preparedness by title III of the Department of Homeland
Security Appropriations Act, 2006 under paragraph (1)
under the heading `State and local programs' (119 Stat.
2075).
``(B) The Urban Area Security Initiative of the
Department of Homeland Security carried out with
amounts appropriated for the Office for Domestic
Preparedness by title III of the Department of Homeland
Security Appropriations Act, 2006 under paragraph
(2)(A) under the heading `State and local programs'
(119 Stat. 2075).
``(c) Terms and Conditions.--Except as otherwise provided in this
section, a grant under this section for a project referred to in
subsection (b)(1) shall be made under the same conditions,
restrictions, and other terms that would apply if the grant were made
under the program referred to in subsection (b)(2) with respect to the
project.
``(d) Urban Area Security Initiative Grants.--
``(1) Purpose.--A grant under this section for a project
that was eligible under the Urban Area Security Initiative
referred to in subsection (b)(2) (in this subsection referred
to as a `UASI grant') shall be used by a high threat, high
density urban area, in conjunction with units of local
government, for the purpose of enhancing the capability of
State and local jurisdictions to deter, prepare for, and
respond to terrorist acts including catastrophic terrorist
attacks involving chemical, biological, radiological or nuclear
weapons (in this subsection referred to as `CBRN').
``(2) Authorized uses.--A UASI grant may be used in
accordance with this Act solely--
``(A) to purchase equipment, to provide training,
to conduct exercises, to provide technical assistance
to State and local first responders, and to analyze
intelligence information;
``(B) to construct, modify, or operate a facility
in major metropolitan areas that is designated by an
appropriate State and the Secretary of Homeland
Security as a critical homeland security emergency
operation node; and
``(C) for CBRN terrorist prevention and deterrence
activities, including to pay full-time (including over-
time) salaries of sworn law enforcement officers who
work exclusively on intelligence collection, analysis,
and prevention activities.
``(3) Allocation on basis of threat, vulnerability, and
consequences.--The Secretary may allocate funds for UASI grants
based on--
``(A) a quantitative assessment of--
``(i) the threats addressed by a grant;
``(ii) the vulnerability off persons and
critical infrastructure to such threats; and
``(iii) the economic consequences if a CBRN
attack occurs; and
``(B) the sustainability and effectiveness of the
activities to be carried out with a grant, except that
the weight given to determinations under this
subparagraph may not exceed 10 percent of the total of
the weight given to all factors considered in awarding
UASI grants.
``(4) Priority for past cooperation.--In awarding UASI
grants, the Secretary shall give priority to grant applications
from persons who demonstrate past patterns of cooperation in
preventing CBRN attacks, among a minimum of 3 municipalities in
regions or States that adjoin the area where activities will be
carried out with the grants.
``(5) Limitations on eligibility of municipalities.--
``(A) Prior receipt of grant.--
``(i) Eligibility requirement.--A
municipality shall not be eligible for a UASI
grant for a fiscal year unless the municipality
received such a grant for the preceding fiscal
year.
``(ii) Limitation on application of
requirement.--Clause (i) shall not apply with
respect to a municipality if the Secretary
determines, based on consideration of threat,
vulnerability, and consequence, that the
municipality faces a greater threat of attack
by terrorism than such threat faced by a
recipient of a UASI grant for the preceding
fiscal year.
``(B) Eligibility based on threat, vulnerability,
and consequence.--A municipality may not be determined
to be eligible or ineligible for a UASI grant except on
the basis of threat, vulnerability, and consequence.
``(C) Number.--The number of municipalities treated
as eligible for a UASI grant may not exceed 47.
``(D) Sustainability and effectiveness.--For
purposes of paragraph (3)(B), activities proposed to be
carried out with a UASI grant to a municipality--
``(i) shall not be considered sustainable
unless the amount expended by the municipality
during the 2 full fiscal years preceding the
award of the grant to support full-time
homeland security preparedness averaged at
least $50,000,000 per fiscal year; and
``(ii) shall not be considered effective
unless the municipality demonstrates its
ability to utilize equipment, technology, or
intelligence received from the Federal
Government on a 24-hours-per-day and 7-days-
per-week basis.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary of Homeland Security carry out this section
such sums as necessary for each of fiscal years 2007 through
2011.
``(2) Limitations.--Of the amount made available to carry
out this section for any fiscal year, not more than 3 percent
may be used by the Secretary for salaries and administrative
expenses.
``(3) Minimum amount.--
``(A) In general.--Except as provided in
subparagraph (B), each State shall be allocated in each
fiscal year under this section not less than 0.25
percent of the total amount appropriated for the fiscal
year for grants under this section.
``(B) Territories.--Each of the United States
Virgin Islands, America Samoa, Guam, and the Northern
Mariana Islands shall be allocated in each fiscal year
under this section not less than 0.08 percent of the
total amount appropriated for the fiscal year for
grants under this section.''. | High Risk Terrorism Prevention Initiative of 2006 - Amends the USA PATRIOT Act to revise provisions regarding domestic preparedness grants to require the Secretary of Homeland Security (currently, the Office for Domestic Preparedness) to make such a grant each fiscal year to each state for a project that was eligible for a grant under the State Homeland Security Grants program or the Urban Area Security Initiative (UASI) made with amounts available for FY2006.
Permits the use of grants for UASI-eligible projects: (1) by a high threat, high density urban area to enhance state and local capabilitites to deter, prepare for, and respond to terrorist acts; (2) to purchase equipment, conduct exercises, and provide training and technical assistance to responders and to analyze intelligence information; (3) to construct, modify, or operate a facility in major metropolitan areas designated as a critical homeland security emergency operation node; and (4) for terrorist prevention and deterrence activities involving chemical, biological, radiological, or nuclear weapons. Authorizes the Secretary to allocate funds for UASI grants based on: (1) a quantitative assessment of the threats addressed, the vulnerability of persons and critical infrastructure to such threats, and the economic consequences if an attack occurs; and (2) the sustainability and effectiveness of grant activities. Sets forth provisions concerning grant priorities, municipality eligibility, and minimum allocation amounts. | {"src": "billsum_train", "title": "To amend the USA PATRIOT Act to improve administration and effectiveness of homeland security grant funding, and for other purposes."} | 1,688 | 299 | 0.622848 | 1.803088 | 0.798119 | 3.526718 | 5.908397 | 0.938931 |
SECTION 1. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE
BOUNDARIES OF YOSEMITE NATIONAL PARK.
(a) Authorization.--In order to facilitate the administration of
Yosemite National Park, the Secretary of the Interior is authorized,
under such terms and conditions as the Secretary may deem advisable, to
expend donated funds, funds collected from user fees, or appropriated
funds for the planning, design, construction of, and related activities
for, essential facilities for Park and concessions administration and
visitor use outside the boundaries, but within the vicinity, of the
Park. Such facilities and the use thereof shall be in conformity with
approved plans for the Park. Such facilities may only be constructed by
the Secretary upon a finding that the facilities are necessary for Park
operation, and that the location of such facilities would--
(1) avoid undue degradation of natural or cultural
resources within the Park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.
(b) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with local governments or private entities to
undertake the activities granted under this section. The Secretary is
encouraged to identify and use alternative funding sources to
supplement any Federal funding used for these facilities.
SEC. 2. PLANNING; TRANSPORTATION; VISITOR SERVICE PROJECTS.
(a) Authorization.--The Secretary shall allocate amounts made
available under section 1(a) to carry out the following activities:
(1) Planning and restoration of low-impact camping at upper
and lower river campgrounds. The Secretary may use amounts
appropriated to the Secretary for flood recovery in the
Yosemite Valley to carry out planning (including environmental
documentation) and development related to the activities
required under this paragraph.
(2) Construction and maintenance of the maximum amount of
parking available at Camp 6 and adjacent previously impacted
lands.
(3) Cooperation and participation (including the provision
of technical and financial assistance) with governments of
counties located in the vicinity of the Park for the
preparation of county general and specific plans related to
determining the feasibility of locating park administrative
facilities, visitor services and facilities, housing, or other
facilities necessary for Park operations outside the boundaries
of the Park. Not later than December 31, 2003, and annually
thereafter, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a description of the
actions that the Secretary has taken under this paragraph.
(4) Consistent with the projects described in paragraphs
(1) through (3), development of traffic management and traveler
information services, signage, and circulation improvements.
(5) Provision of housing for employees of the Federal
Government and employees of concessionaires related to the Park
who are required as a condition of employment to reside in
Yosemite Valley. Notwithstanding the last sentence of section
814(a)(8) of the Omnibus Parks and Public Lands Management Act
of 1996 (16 U.S.C. 17o note; 110 Stat. 4192), for employee
housing requirements outside of Yosemite Valley, the Secretary
shall use partnerships with private entities whenever
practicable and cost effective, including through leases and
lease agreements. Guarantees to carry out this paragraph shall
not apply against the limitation in the last sentence of such
section 814(a)(8).
(6) Entering into and carrying out cooperative agreements
with the Yosemite Area Regional Transportation System Joint
Powers Authority to transport employees of the Federal
Government and employees of concessionaires related to the Park
to and from the Park for the purposes of their employment.
(7) Removal of the Le Conte Memorial, a private special
use, from the Park and restoration of the grounds of that
memorial to its natural state.
(b) Prohibited Projects.--The Secretary may not allocate amounts
described in section 1(a) to implement a shuttle system which uses
remote parking facilities or includes operations outside of the
boundaries of Yosemite Valley.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Park.--The term ``Park'' means Yosemite National Park.
(2) Record of decision.--The term ``Record of Decision''
means the record of decision entitled ``Final Yosemite Valley
Plan Supplemental Environmental Impact Statement'' dated
December 29, 2000.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | (Sec. 1) Authorizes the Secretary of the Interior, in order to facilitate the administration of Yosemite National Park, to expend donated funds, funds collected from user fees, or appropriated funds for the planning, design, construction of, and related activities for, essential facilities for Park and concessions administration and visitor use outside the boundaries, but within the vicinity, of the Park. Requires that such facilities and their use conform with approved plans for the Park. Permits the construction of such facilities only upon a finding that they are necessary for Park operation and that the location of such facilities would: (1) avoid undue degradation of natural or cultural resources within the Park; (2) enhance service to the public; or (3) provide a cost saving to the Federal Government.
Allows the Secretary to enter into agreements with local governments or private entities to undertake such activities. Encourages the Secretary to identify and use alternative funding sources to supplement any Federal funding used for these facilities.
(Sec. 2) Instructs the Secretary to allocate such amounts to carry out: (1) planning and restoration of low-impact camping at upper and lower river campgrounds; (2) construction and maintenance of the maximum amount of parking available at Camp 6 and adjacent previously impacted lands; (3) cooperation and participation (including the provision of technical and financial assistance) with county governments located in the Park's vicinity for the preparation of county general and specific plans related to determining the feasibility of locating park administrative facilities, visitor services and facilities, housing, or other facilities necessary for Park operations outside of the Park; (4) consistent with the projects described in the preceding clauses, development of traffic management and traveler information services, signage, and circulation improvements; (5) provision of housing for employees of the Government and employees of Park concessionaires who are required as a condition of their employment to reside in Yosemite Valley; (6) entering into and carrying out cooperative agreements with the Yosemite Area Regional Transportation System Joint Powers Authority to transport such employees to and from the Park; and (7) removal of the Le Conte Memorial from the Park and restoration of the grounds of that Memorial to their natural state.
Bars the Secretary from allocating amounts made available for the planning, design, construction of, and related activities for, essential facilities for Park and concessions administration and visitor use to implement a shuttle system that uses remote parking facilities or includes operations outside of the boundaries of Yosemite Valley. | {"src": "billsum_train", "title": "To provide for necessary improvements to facilities at Yosemite National Park, and for other purposes."} | 958 | 516 | 0.830965 | 2.663253 | 0.971847 | 7.257796 | 1.850312 | 0.970894 |
of Disapproval.--
(1) No referral.--A joint resolution shall not be referred
to a committee in either House of Congress and shall
immediately be placed on the calendar.
(2) Motion to proceed.--A motion to proceed to a joint
resolution is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable. The
motion is not subject to a motion to postpone and all points of
order against the motion are waived. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of a
joint resolution is agreed to, the joint resolution shall
remain the unfinished business of the respective House until
disposed of.
(3) Expedited consideration in house of representatives.--
In the House of Representatives, a joint resolution shall be
considered as read. All points of order against a joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(4) Expedited procedure in senate.--
(A) Consideration.--In the Senate, consideration of
a joint resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to
not more than 10 hours, which shall be divided equally
between the majority and minority leaders or their
designees. A motion further to limit debate is in order
and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration
of other business, or a motion to recommit the joint
resolution is not in order.
(B) Vote on passage.--If the Senate has proceeded
to a joint resolution, the vote on passage of the joint
resolution shall occur immediately following the
conclusion of consideration of the joint resolution,
and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution shall be decided without
debate.
(5) Amendment not in order.--A joint resolution considered
under this subsection shall not be subject to amendment in
either the House of Representatives or the Senate.
(6) Coordination with action by other house.--If, before
passing a joint resolution, one House receives from the other
House a joint resolution--
(A) the joint resolution of the other House shall
not be referred to a committee; and
(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House, except that the vote on final
passage shall be on the joint resolution of the other
House.
(7) Period.--Subject to subsection (d)(1), Congress may not
consider a joint resolution under this subsection after the
date that is 7 calendar days after May 15, 2013.
(8) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(d) Consideration After Passage.--
(1) Computation of days.--If Congress passes a joint
resolution, the period beginning on the date the President is
presented with the joint resolution and ending on the date the
President signs, allows to become law without his signature, or
vetoes and returns the joint resolution (but excluding days
when either House is not in session) shall be disregarded in
computing the calendar day period described in subsection
(c)(7).
(2) Veto override.--Debate on a veto message in the House
of Representatives and the Senate relating to a joint
resolution shall be 1 hour equally divided between the majority
and minority leaders or their designees.
(e) Disapproval.--If a joint resolution is enacted under this
section--
(1) the President may not carrying out the proposed
cancellation of budgetary resources in the qualifying sequester
replacement plan submitted under subsection (b); and
(2) sequestration shall continue in accordance with the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.).
(f) Failure to Enact Disapproval.--Effective on the day after the
end of the calendar day period under subsection (c)(7) (as determined
in accordance with subsection (d)(1)), if the President has submitted a
qualifying sequester replacement plan in accordance with subsection (b)
and a joint resolution of disapproval has not been enacted under this
section, the President shall--
(1) cancel any sequestration order issued under section
251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a); and
(2) cancel budgetary resources in accordance with the
qualifying sequester replacement plan submitted under
subsection (b). | Requires the President, by May 15, 2013, to submit to Congress a qualifying sequester replacement plan proposing to cancel permanently at least $85.333 billion of budgetary resources available for FY2013 from any discretionary appropriations or direct spending account. Requires further that: up to $42.666.500 billion of budgetary resources be cancelled from defense spending (budget function 050); any cancellation of such budgetary resources comply with the policies under and consistent with amounts authorized in the National Defense Authorization Act for Fiscal Year 2013 (NDAA FY2013); the cancellation is not implemented through changes to programs or activities contained in the Internal Revenue Code, or increases governmental receipts, offsetting collections, or offsetting receipts; any cancellation of budgetary resources in a non-defense spending account may not be offset against an increase in another such account; and the proposed cancellation reduces outlays by at least $82.500 billion by the end of FY2018. Sets forth requirements for expedited consideration of a joint resolution of disapproval in both chambers of the qualifying sequester replacement plan. Requires the President, if the joint resolution of disapproval is not enacted within seven calendar days after May 15, 2013, to cancel: (1) any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for enforcement of a specified budget goal, and (2) the budgetary resources submitted in the qualifying sequester replacement plan. | {"src": "billsum_train", "title": "A bill to provide for a sequester replacement."} | 1,259 | 325 | 0.411124 | 1.281181 | 0.635682 | 1.757463 | 4.272388 | 0.652985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Profiting from Access to Computer
Technology (PACT) Act'' or the ``Child PACT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Classroom-usable.--The term ``classroom-usable'', with
respect to potential educationally useful Federal equipment,
means such equipment that does not require an upgrade of
hardware or software in order to be used by an educational
recipient or military family recipient without being first
transferred under section 4(d) to a nonprofit refurbisher for
such an upgrade.
(2) Community-based educational organization.--The term
``community-based educational organization'' means a nonprofit
entity that--
(A) is engaged in collaborative projects with
schools or the primary focus of which is education; and
(B) qualifies as a nonprofit educational
institution or organization for purposes of section
549(c)(3) of title 40, United States Code.
(3) Educational recipient.--The term ``educational
recipient'' means a school or a community-based educational
organization.
(4) Federal agency.--The term ``Federal agency'' means an
Executive agency as defined under section 105 of title 5,
United States Code.
(5) Military family recipient.--The term ``military family
recipient'' means a member of the immediate family of a member
of the Armed Forces who is deployed.
(6) Nonprofit refurbisher.--The term ``nonprofit
refurbisher'' means an organization that--
(A) is described under section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code; and
(B) upgrades potential educationally useful Federal
equipment that is not yet classroom-usable at no cost
or low cost to the ultimate educational recipient or
military family recipient.
(7) Potential educationally useful federal equipment.--The
term ``potential educationally useful Federal equipment''--
(A) means computers and related peripheral tools
(such as computer printers, modems, routers, and
servers), including telecommunications and research
equipment, that are appropriate for use by an
educational recipient or a military family recipient;
and
(B) includes computer software, if the transfer of
a license is permitted.
(8) School.--The term ``school'' includes a pre-
kindergarten program (as that term is used in the Elementary
and Secondary Education Act of 1965), an elementary school, a
secondary school, and a local educational agency (as those
terms are defined in section 9101 of that Act).
SEC. 3. PROTECTION OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.
Each Federal agency shall, to the extent practicable, protect and
safeguard potential educationally useful Federal equipment that has
been determined to be surplus, so that such equipment may be
transferred under this Act.
SEC. 4. EFFICIENT TRANSFER OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL
EQUIPMENT.
(a) Transfer of Equipment to GSA.--Each Federal agency, to the
extent permitted by law and where appropriate, shall--
(1) identify potential educationally useful Federal
equipment that the Federal agency no longer needs or such
equipment that has been declared surplus in accordance with
section 549 of title 40, United States Code;
(2) erase all hard drives and other information storage
devices, before transfer under paragraph (3), in accordance
with standards in effect under the National Institute of
Standards and Technology; Guidelines for Media Sanitization;
and
(3)(A) transfer the equipment to the Administrator of
General Services for transfer to educational recipients or
military family recipients; or
(B) transfer the equipment directly to--
(i) an educational recipient or a military family
recipient, through an arrangement made by the
Administrator of General Services under subsection (b);
or
(ii) a nonprofit refurbisher under subsection (d).
(b) Advance Reporting of Equipment to GSA.--Each Federal agency
shall report to the Administrator of General Services the anticipated
availability of potential educationally useful Federal equipment as far
as possible in advance of the date the equipment is to become surplus,
so that the Administrator may attempt to arrange for the direct
transfer from the donating agency to educational recipients or military
family recipients.
(c) Preference.--In carrying out transfers to educational
recipients and military family recipients under this Act, the
Administrator of General Services shall, to the extent practicable,
give particular preference to educational recipients and military
family recipients located in an enterprise community, empowerment zone,
or renewal community designated under section 1391, 1400, or 1400E of
the Internal Revenue Code of 1986.
(d) Refurbishment of Potential Educationally Useful Equipment.--
Potential educationally useful Federal equipment that is not classroom-
usable shall be transferred initially to a nonprofit refurbisher for
upgrade before transfer to an educational recipient or military family
recipient. The refurbisher shall be responsible for proper disposal of
any equipment that cannot be successfully refurbished.
(e) Lowest Cost.--All transfers to educational recipients and
military family recipients shall be made at the lowest cost to the
recipient permitted by law.
(f) Notice of Availability of Equipment.--The Administrator of
General Services shall provide notice of the anticipated availability
of potential educationally useful Federal equipment (including
nonclassroom-usable equipment) to educational recipients and military
family recipients by all practical means, including the Internet,
newspapers, nonprofit refurbishers and community announcements.
(g) Facilitation by Regional Federal Executive Boards.--The
regional Federal Executive Boards (as that term is used in part 960 of
title 5, Code of Federal Regulations) shall help facilitate the
transfer of potential educationally useful Federal equipment from the
agencies they represent to recipients eligible under this Act.
SEC. 5. RULEMAKING.
The Administrator of General Services shall prescribe rules and
procedures to carry out this Act.
SEC. 6. EFFECT ON OTHER LAWS.
This Act supersedes Executive Order No. 12999 of April 17, 1996.
SEC. 7. RULE OF CONSTRUCTION.
This Act may not be construed to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States or its agencies, officers, or employees. | Profiting from Access to Computer Technology (PACT) Act or the Child PACT Act - Directs each Federal agency to: (1) safeguard and identify potential educationally useful Federal equipment that it no longer needs or that has been declared surplus; and (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients, military recipients, or nonprofit refurbishers. | {"src": "billsum_train", "title": "A bill to establish a program to transfer surplus computers of Federal agencies to schools, nonprofit community-based educational organizations, and families of members of the Armed Forces who are deployed, and for other purposes."} | 1,375 | 80 | 0.585734 | 1.485913 | 0.837411 | 2.75 | 16.407895 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorectal Cancer Screening Act of
1995''.
SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING SERVICES.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (d) the following new
subsection:
``(e) Frequency and Payment Limits for Colorectal Screening
Procedures.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
``(i) in 1996 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limits.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer if the test is performed--
``(i) on an individual under 50 years of
age; or
``(ii) within the 11 months after a
previous screening fecal-occult blood test.
``(2) Periodic colorectal screening procedures for
individuals not at high risk for colorectal cancer.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to periodic colorectal screening procedures
provided for the purpose of early detection of colon
cancer that is consistent with payment amounts under
such section for similar or related services, except
that such payment amount shall be established without
regard to subsection (a)(2)(A) of such section. The
Secretary shall establish a single payment amount for
periodic colorectal screening procedures, which shall
be based on the cost of a flexible sigmoidoscopy or
barium enema procedure, as the Secretary determines
appropriate.
``(B) Frequency limits.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a periodic colorectal
screening procedure provided to an individual for the
purpose of early detection of colon cancer if the
procedure is performed--
``(i) on an individual under 50 years of
age; or
``(ii) within the 59 months after a
previous periodic colorectal screening
procedure.
``(C) Periodic colorectal screening procedure
defined.--The term `periodic colorectal screening
procedure' means a flexible sigmoidoscopy, barium enema
screening procedure, or other screening procedure for
colorectal cancer, as determined by the Secretary.
``(3) Screening for individuals at high risk for colorectal
cancer.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to each eligible procedure for screening for
individuals at high risk for colorectal cancer (as
determined in accordance with criteria established by
the Secretary) provided for the purpose of early
detection of colon cancer that is consistent with
payment amounts under such section for similar or
related services, except that such payment amount shall
be established without regard to subsection (a)(2)(A)
of such section. The Secretary may establish a payment
amount for a barium enema procedure pursuant to this
paragraph that is different from the payment amount
established pursuant to paragraph (2) for a periodic
colorectal screening procedure for an individual not at
high risk for colorectal cancer so long as the payment
amount established pursuant to paragraph (2) is not
based on the cost of a barium enema procedure.
``(B) Eligible procedures.--Procedures eligible for
payment under this part for screening for individuals
at high risk for colorectal cancer for the purpose of
early detection of colorectal cancer shall include a
screening colonoscopy, a barium enema screening
procedure, or other screening procedures for colorectal
cancer as the Secretary determines appropriate.
``(C) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening procedure for
individuals at high risk for colorectal cancer provided
to an individual for the purpose of early detection of
colon cancer if the procedure is performed within the
23 months after a previous screening procedure.
``(D) Factors considered in establishing criteria
for determining individuals at high risk.--In
establishing criteria for determining whether an
individual is at high risk for colorectal cancer for
purposes of this paragraph, the Secretary shall take
into consideration family history, prior experience of
cancer or precursor neoplastic polyps, a history of
chronic digestive disease condition (including
inflammatory bowel disease, Crohn's disease, or
ulcerative colitis), the presence of any appropriate
recognized gene markers for colorectal cancer and other
predisposing factors.
``(4) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1998, reduce the amount of
such limit as it applies nationally or in any area to
the amount that the Secretary estimates is required to
assure that such tests of an appropriate quality are
readily and conveniently available during the year.
``(B) Revision of frequency and determination of
eligible procedures.--
``(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing screening fecal-occult blood tests,
periodic colorectal screening procedures, and
screening procedures for individuals at high
risk for colorectal cancer based on age and
such other factors as the Secretary believes to
be pertinent, and shall review periodically the
availability, effectiveness, and cost of
screening procedures for colorectal cancer
other than those specified in this section.
``(ii) Revision of frequency and
determination of eligible procedures.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection and may determine that additional
screening procedures shall be considered to be
`periodic colorectal screening procedures' or
an eligible procedure for the screening of
individuals at high risk for colorectal cancer,
but no such revision shall apply to tests or
procedures performed before January 1, 1999.
``(5) Limiting charges of nonparticipating physicians.--
``(A) In general.--In the case of a periodic
colorectal screening procedure provided to an
individual for the purpose of early detection of colon
cancer or a screening provided to an individual at high
risk for colorectal cancer for the purpose of early
detection of colon cancer for which payment may be made
under this part, if a nonparticipating physician
provides the procedure to an individual enrolled under
this part, the physician may not charge the individual
more than the limiting charge (as defined in section
1848(g)(2)).
``(B) Enforcement.--If a physician or supplier
knowing and willfully imposes a charge in violation of
subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) are
each amended by striking ``subsection (h)(1),'' and inserting
``subsection (h)(1) or section 1834(e)(1),''.
(2) Section 1823(h)(1)(A) of such Act (42 U.S.C. 1935l(h)(1)(A)) is
amended by striking ``The Secretary'' and inserting ``Subject to
paragraphs (1) and (3)(A) of section 1834(e), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and
inserting ``a service (other than a periodic colorectal screening
procedure provided to an individual for the purpose of early detection
of colon cancer or an eligible screening procedure provided to an
individual at high risk for colorectal cancer for the purpose of early
detection of colon cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end;
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting ``, and''; and
(iii) by adding at the end the following new
subparagraph:
``(G) in the case of screening fecal-occult blood tests,
periodic colorectal screening procedures, and screening
procedures provided for the purpose of early detection of colon
cancer, which are performed more frequently than is covered
under section 1834(e);''; and
(B) in paragraph (7), by striking ``paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ``subparagraphs (B),
(F), or (G) of paragraph (1)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to services furnished
on or after January 1, 1996. | Colorectal Cancer Screening Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B (Supplementary Medical Insurance) for screening fecal-occult blood tests, flexible sigmoidoscopies, barium enemas, and other appropriate screening procedures for colorectal cancer, such as a colonoscopy. | {"src": "billsum_train", "title": "Colorectal Cancer Screening Act of 1995"} | 2,295 | 99 | 0.647756 | 1.650062 | 0.631903 | 3 | 32.147541 | 0.868852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Health-Care Coalition Act of
2000''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS
NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any health care professionals who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the professionals provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under the
antitrust laws as the treatment to which bargaining units which are
recognized under the National Labor Relations Act are entitled in
connection with such collective bargaining. Such a professional shall,
only in connection with such negotiations, be treated as an employee
engaged in concerted activities and shall not be regarded as having the
status of an employer, independent contractor, managerial employee, or
supervisor.
(b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
(c) Limitation.--
(1) No new right for collective cessation of service.--The
exemption provided in subsection (a) shall not confer any new
right to participate in any collective cessation of service to
patients not already permitted by existing law.
(2) No change in national labor relations act.-- This
section applies only to health care professionals excluded from
the National Labor Relations Act. Nothing in this section shall
be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any
group of persons under that Act.
(d) 3-Year Sunset.--The exemption provided in subsection (a) shall
only apply to conduct occurring during the 3-year period beginning on
the date of the enactment of this Act and shall continue to apply for 1
year after the end of such period to contracts entered into before the
end of such period.
(e) Limitation on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that excludes, limits the participation or
reimbursement of, or otherwise limits the scope of services to be
provided by any health care professional or group of health care
professionals with respect to the performance of services that are
within their scope of practice as defined or permitted by relevant law
or regulation.
(f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
(g) No Application to Federal Programs.--Nothing in this section
shall apply to negotiations between health care professionals and
health plans pertaining to benefits provided under any of the
following:
(1) The Medicare Program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(2) The Medicaid Program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(3) The SCHIP program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(4) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(5) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(6) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(7) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(h) Exemption of Abortion and Abortion Services.--Nothing in this
section shall apply to negotiations specifically relating to requiring
a health plan to cover abortion or abortion services.
(i) General Accounting Office Study and Report.--The Comptroller
General of the United States shall conduct a study on the impact of
enactment of this section during the 6-month period beginning with the
third year of the 3-year period described in subsection (d). Not later
than the end of such 6-month period the Comptroller General shall
submit to Congress a report on such study and shall include in the
report such recommendations on the extension of this section (and
changes that should be made in making such extension) as the
Comptroller General deems appropriate.
(j) Definitions.--For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) 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; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Health plan and related terms.--
(A) In general.--The term ``health plan'' means a
group health plan or a health insurance issuer that is
offering health insurance coverage.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Health care professional.--The term ``health care
professional'' means an individual who provides health care
items or services, treatment, assistance with activities of
daily living, or medications to patients and who, to the extent
required by State or Federal law, possesses specialized
training that confers expertise in the provision of such items
or services, treatment, assistance, or medications.
(k) Sense of the Congress.--It is the sense of the Congress that
decisions regarding medical care and treatment should be made by the
physician or health care professional in consultation with the patient.
Passed the House of Representatives June 30 (legislative
day, June 29), 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Provides that this Act: (1) applies only to health care professionals excluded from NLRA; and (2) shall not be construed as revising any NLRA provision or affecting the status of any group of persons under NLRA.Makes the exemption (from antitrust laws) under this Act: (1) only applicable to conduct occurring during the three-year period beginning on the enactment date of this Act; and (2) continue to apply for one year after the end of such period to contracts entered into before the end of such period. Provides that nothing in this Act shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any health care professional or group of health care professionals with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation.Provides that nothing in this Act shall be construed to affect the application of title VI of the Civil Rights Act of 1964 (which prohibits exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on the ground of race, color, or national origin).Provides that nothing in this Act shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under: (1) Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) provisions of the Social Security Act; (2) programs, under specified Federal laws, relating to medical and dental care for members of the uniformed services, veterans' medical care, and Federal employees' health benefits; and (3) the Indian Health Care Improvement Act.Provides that nothing in this Act shall apply to negotiations specifically relating to requiring a health plan to cover abortion or abortion services.Directs the Comptroller General to study and report to Congress on the impact of this Act during the six-month period beginning with the third year of the specified three-year period, together with recommendations on any extension of this Act and possible changes to it.Expresses the sense of the Congress that decisions regarding medical care and treatment should be made by the physician or health care professional in consultation with the patient. | {"src": "billsum_train", "title": "Quality Health-Care Coalition Act of 1999"} | 1,447 | 469 | 0.668393 | 2.281007 | 0.766125 | 5.505855 | 3.056206 | 0.929742 |
SECTION 1. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMORIAL ACT OF 1997.
(a) Short Title.--This section may be cited as the ``Oklahoma City
National Memorial Act Amendments of 2003''.
(b) Foundation Defined; Conforming Amendment.--Section 3 of the
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(2) by inserting immediately preceding paragraph (2) (as so
redesignated by paragraph (1) of this subsection) the following
new paragraph:
``(1) Foundation.--The term `Foundation' means the Oklahoma
City National Memorial Foundation, a not-for-profit corporation
that is--
``(A) described in section 501(c)(3) of the
Internal Revenue Code of 1986;
``(B) exempt from taxation under section 501(a) of
such Code; and
``(C) dedicated to the support of the Memorial.'';
and
(3) in paragraph (3), by striking ``designated under
section 5(a)''.
(c) Administration of Memorial by Foundation.--Section 4 of the
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is
amended--
(1) in subsection (a)--
(A) by striking ``a unit'' and inserting ``an
affiliate''; and
(B) by striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b) Administration of Memorial.--The Foundation shall administer
the Memorial in accordance with this Act and the general objectives of
the `Memorial Mission Statement', adopted March 26, 1996, by the
Foundation.''; and
(4) in subsection (c) (as so redesignated by paragraph (2)
of this subsection) by striking ``1997 (hereafter'' and all
that follows through the final period and inserting ``1997. The
map shall be on file and available for public inspection in the
appropriate office of the Foundation.''.
(d) Transfer of Memorial Property, Rights, Authorities, and
Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997
(16 U.S.C. 450ss-3) is amended to read as follows:
``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND
DUTIES.
``(a) Transfer of Memorial Property.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Oklahoma City National Memorial Act
Amendments of 2003, the Trust shall transfer to the
Foundation--
``(A) all assets of the Trust, including all real
and personal property of the Memorial, any
appurtenances, buildings, facilities, monuments,
contents, artifacts, contracts and contract rights,
accounts, deposits, intangibles, trademarks, trade
names, copyrights, all other intellectual property, and
all other real and personal property of every kind and
character comprising the Memorial;
``(B) any property owned by the Trust that is
adjacent or related to the Memorial; and
``(C) all property maintained for the Memorial,
together with all rights, authorities, and duties
relating to the ownership, administration, operation,
and management of the Memorial.
``(2) Subsequent gifts.--Any artifact, memorial, or other
personal property that is received by, or is intended by any
person to be given to, the Trust after the date of transfer of
property under paragraph (1) shall be the property of the
Foundation.
``(b) Assumption of Trust Obligations.--Any obligations of the
Trust relating to the Memorial that have been approved by the Trust
before the date on which the property is transferred under subsection
(a) shall become the responsibility of the Foundation on the date of
the transfer.
``(c) Dissolution of Trust.--Not later than 30 days after the
transfer under subsection (a) is completed--
``(1) the Trust shall be dissolved; and
``(2) the Trust shall notify the Secretary of the date of
dissolution.
``(d) Authority to Enter Into Agreements.--The Secretary, acting
through the National Park Service, is authorized to enter into 1 or
more cooperative agreements with the Foundation for the National Park
Service to provide interpretive services related to the Memorial and
such other assistance as may be agreed upon between the Secretary and
the Foundation. The costs of the services and other agreed assistance
shall be paid by the Secretary.
``(e) Limitation.--Nothing in this Act shall prohibit the use of
State and local law enforcement for the purposes of security related to
the Memorial.''.
(e) Repeal of Duties and Authorities of Trust.--
(1) In general.--Section 6 of the Oklahoma City National
Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.
(2) Effective date.--The repeal under this subsection shall
take effect upon the transfer of the Memorial property, rights,
authorities, and duties pursuant to the amendments made by
subsection (d).
(f) Authorization of Appropriations.--Section 7 of the Oklahoma
City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--
(1) in paragraph (1), by inserting ``for an endowment fund
subject to paragraph (2)'' after ``the sum of $5,000,000''; and
(2) in paragraph (2)--
(A) by striking ``Trust or to the Oklahoma City
Memorial''; and
(B) by striking ``or operation'' and inserting
``operation, or endowment''.
(g) Authorization of Secretary to Reimburse Previous Costs Paid by
Foundation or Trust.--
(1) Authorization for reimbursement.--To the extent that
funds are made available for this subsection, the Secretary of
the Interior shall reimburse the Oklahoma City National
Memorial Foundation for funds obligated or expended by the
Oklahoma City National Memorial Foundation or the Oklahoma City
National Memorial Trust to the Secretary of the Interior for
interpretive services, security, and other costs and services
related to the Oklahoma City National Memorial before the date
of the enactment of this Act. The Oklahoma City National
Memorial Foundation may use such reimbursed funds for the
operation, maintenance, and permanent endowment of the Oklahoma
City National Memorial.
(2) Authorization for appropriation.--There is authorized
to be appropriated to the Secretary of the Interior $1,500,000
to carry out this subsection.
(h) Repeal of Disposition of Site of Alfred P. Murrah Federal
Building.--Section 8 of the Oklahoma City National Memorial Act of 1997
(16 U.S.C. 450ss-6) is repealed.
(i) Repeal of Study Requirement.--Section 9 of the Oklahoma City
National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed. | Oklahoma City National Memorial Act Amendments of 2003 - Amends the Oklahoma City National Memorial Act of 1997 to give responsibility for administration of the Memorial to the Oklahoma City National Memorial Foundation (currently administered by the Oklahoma City National Memorial Trust).
Requires the Trust to transfer specified Memorial property, rights, authorities, and duties to the Foundation. Dissolves the Trust.
Authorizes the Secretary of the Interior, acting through the National Park Service (NPS), to enter into cooperative agreements with the Foundation for the NPS to provide interpretive services related to the Memorial at NPS expense.
Requires the Secretary to reimburse the Foundation for funds obligated or expended for interpretive services, security, and other costs and services related to the Memorial prior to enactment of this Act to the extent that funds are made available. | {"src": "billsum_train", "title": "To amend the Oklahoma City National Memorial Act of 1997 to transfer the Oklahoma City National Memorial to the Oklahoma City National Memorial Foundation, and for other purposes."} | 1,586 | 176 | 0.596188 | 1.604176 | 0.787012 | 4.143791 | 9.267974 | 0.901961 |
SECTION 1. REPEAL OF LAWS AND REGULATIONS DISARMING FIREARMS-TRAINED
MILITARY PERSONNEL AND PROHIBITION ON REIMPOSING BANS ON
MILITARY PERSONNEL CARRYING FIREARMS.
(a) Findings.--Congress makes the following findings:
(1) In the attack on the Armed Forces Recruitment Center in
Times Square in 2008, the attack on Fort Hood in 2009, the
attack at the United States Military Recruiting Office in
Little Rock in 2009, the attack at the Pentagon in 2010, the
attack at the Washington Navy Yard in 2013, and the United
States Army and Marine Corps Chattanooga shootings in 2015,
military personnel were unable to carry firearms and respond
with force.
(2) Military personnel are trained in the use of firearms,
with live-fire qualification and use-of-force training.
(3) Military personnel are entrusted with firearms and
other weapons in the defense of the United States.
(4) Gun-free zones on military installations and Department
of Defense sites such as military recruitment centers are
vulnerable targets.
(b) Repeal of Laws and Regulations Disarming Military Personnel.--
(1) Repeal.--Effective on the date of the enactment of this
Act--
(A) Army Regulation 190-14, issued on March 12,
1993, is repealed;
(B) Department of Defense Directive Number 5210.56,
issued on February 25, 1992, as modified on April 1,
2011, and by any subsequent modification, is repealed;
and
(C) any other prohibition in law, rule, regulation
or Executive order that prohibits military personnel
from carrying a firearm on a military installation or
Department of Defense site within the United States,
including section 1585 of title 10, United States Code
(relating to carrying of firearms), section 922 of
title 18, United States Code (relating to unlawful
acts), and part 108.11 of title 14, Code of Federal
Regulations (relating to carriage of weapons), shall
have no further force or effect and may not be
enforced.
(2) Use of firearms.--
(A) In general.--Except as provided in subparagraph
(B), effective as of the date of the enactment of this
Act, military personnel shall not be prohibited from
carrying firearms on military installations or
Department of Defense sites. Military personnel
carrying firearms shall adhere to CJCSI 3121.01B,
Standing Rules of Engagement and Standing Rules for the
Use of Force for the U.S. Forces (13 June 2005) with
respect to the use of firearms on military
installations and Department of Defense sites.
(B) Exception.--The commander of a military
installation or Department of Defense may prohibit a
member of the Armed Forces, on a case-by-case basis,
from carrying firearms on the military installation or
Department of Defense site if the commander determines
that the prohibition with respect to the member is
necessary to prevent the member from committing bodily
harm to the member or others.
(c) Prohibition on Military Personnel Gun Bans.--
(1) Department of defense.--The Secretary of Defense and
the Secretaries of the military departments shall not reinstate
the firearm bans referred to in subsection (b) or enact similar
restrictions prohibiting or restricting military personnel from
carrying firearms.
(2) President.--The President shall not take any executive
action or promulgate any rule or issue any Executive order or
regulation to prohibit military personnel from carrying
firearms.
(d) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report describing the actions taken to ensure compliance
with this section.
(e) Definitions.--In this section:
(1) The term ``Department of Defense sites'' includes--
(A) recruitment centers; and
(B) Department of Defense facilities or assets
that--
(i) lack or do not meet existing force
protection and physical security standards as
described in Department of Defense Directive
5200.08-R, April 9, 2007, regarding physical
protection of Department of Defense personnel,
installations, operations, and related
resources; and
(ii) do not meet Homeland Security
Presidential Directive 12, Policy for a Common
Identification Standard for Federal Employees
and Contractors to enhance security, increase
Government efficiency, reduce identity fraud,
and protect personal privacy by establishing a
mandatory, Government-wide standard for secure
and reliable forms of identification issued by
the Federal Government to its employees and
contractors (including contractor employees).
(2) The term ``military personnel'' means members of the
Armed Forces, including members of the reserve components,
who--
(A) are serving at a duty station on a military
installation of the Department of Defense or a
Department of Defense site; and
(B) are trained by the Armed Forces in the use of
firearms. | This bill repeals (1) Army Regulation 190-14, entitled "Carrying of Firearms and Use of Force for Law Enforcement and Security Duties"; and (2) Department of Defense Directive Number 5210.56, entitled "Use of Deadly Force and the Carrying of Firearms by DOD Personnel Engaged in Law Enforcement and Security Duties." Any provision in any other law, rule, regulation, or executive order that prohibits military personnel trained in firearms use from carrying a firearm on a military installation or Department of Defense (DOD) site within the United States shall have no further force or effect and may not be enforced. Military personnel shall not be prohibited from carrying firearms on military installations or DOD sites. DOD or the commander of a military installation may prohibit a member of the Armed Forces, on a case-by-case basis, from carrying firearms on the military installation or DOD site if necessary to prevent the member from committing bodily harm to the member or others. DOD and the Secretaries of the military departments shall not reinstate the firearm bans repealed in this Act or enact similar firearms restrictions. The President shall not take any executive action or promulgate any rule, or issue any executive order or regulation, to prohibit military personnel from carrying firearms. | {"src": "billsum_train", "title": "A bill to safeguard military personnel on Armed Forces military installations by repealing bans on military personnel carrying firearms, and for other purposes."} | 1,065 | 284 | 0.644708 | 1.948502 | 0.874995 | 5.016393 | 4.020492 | 0.893443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Transfer
Commercialization Act of 1998''.
SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject
to section 209 of title 35, United States Code, may grant a license to
an invention which is federally owned, for which a patent application
was filed before the granting of the license, and directly within the
scope of the work under the agreement,'' after ``under the
agreement,''.
SEC. 3. LICENSING FEDERALLY OWNED INVENTIONS.
(a) Amendment.--Section 209 of title 35, United States Code, is
amended to read as follows:
``Sec. 209. Licensing federally owned inventions
``(a) Authority.--A Federal agency may grant an exclusive or
partially exclusive license on a federally owned invention under
section 207(a)(2) only if--
``(1) granting the license is a reasonable and necessary
incentive to--
``(A) call forth the investment capital and
expenditures needed to bring the invention to practical
application; or
``(B) otherwise promote the invention's utilization
by the public;
``(2) the Federal agency finds that the public will be
served by the granting of the license, as indicated by the
applicant's intentions, plans, and ability to bring the
invention to practical application or otherwise promote the
invention's utilization by the public, and that the proposed
scope of exclusivity is not greater than reasonably necessary
to provide the incentive for bringing the invention to
practical utilization, as proposed by the applicant, or
otherwise to promote the invention's utilization by the public;
``(3) the applicant makes a commitment to achieve practical
utilization of the invention within a reasonable time, which
time may be extended by the agency upon the applicant's request
and the applicant's demonstration that the refusal of such
extension would be unreasonable;
``(4) granting the license will not tend to substantially
lessen competition or create or maintain a violation of the
Federal antitrust laws; and
``(5) in the case of an invention covered by a foreign
patent application or patent, the interests of the Federal
Government or United States industry in foreign commerce will
be enhanced.
``(b) Manufacture in United States.--A Federal agency shall
normally grant a license under section 207(a)(2) to use or sell any
federally owned invention in the United States only to a licensee who
agrees that any products embodying the invention or produced through
the use of the invention will be manufactured substantially in the
United States.
``(c) Small Business.--First preference for the granting of any
exclusive or partially exclusive licenses under section 207(a)(2) shall
be given to small business firms having equal or greater likelihood as
other applicants to bring the invention to practical application within
a reasonable time.
``(d) Terms and Conditions.--Any licenses granted under section
207(a)(2) shall contain such terms and conditions as the granting
agency considers appropriate. Such terms and conditions shall include
provisions--
``(1) retaining a nontransferrable, irrevocable, paid-up
license for any Federal agency to practice the invention or
have the invention practiced throughout the world by or on
behalf of the Government of the United States;
``(2) requiring periodic reporting on utilization of the
invention, and utilization efforts, by the licensee, but only
to the extent necessary to enable the Federal agency to
determine whether the terms of the license are being complied
with; and
``(3) empowering the Federal agency to terminate the
license in whole or in part if the agency determines that--
``(A) the licensee is not executing its commitment
to achieve practical utilization of the invention,
including commitments contained in any plan submitted
in support of its request for a license, and the
licensee cannot otherwise demonstrate to the
satisfaction of the Federal agency that it has taken,
or can be expected to take within a reasonable time,
effective steps to achieve practical utilization of the
invention;
``(B) the licensee is in breach of an agreement
described in subsection (b);
``(C) termination is necessary to meet requirements
for public use specified by Federal regulations issued
after the date of the license, and such requirements
are not reasonably satisfied by the licensee; or
``(D) the licensee has been found by a court of
competent jurisdiction to have violated the Federal
antitrust laws in connection with its performance under
the license agreement.
``(e) Public Notice.--No exclusive or partially exclusive license
may be granted under section 207(a)(2) unless public notice of the
intention to grant an exclusive or partially exclusive license on a
federally owned invention has been provided in an appropriate manner at
least 15 days before the license is granted, and the Federal agency has
considered all comments received before the end of the comment period
in response to that public notice. This subsection shall not apply to
the licensing of inventions made under a cooperative research and
development agreement entered into under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
``(f) Plan.--No Federal agency shall grant any license under a
patent or patent application on a federally owned invention unless the
person requesting the license has supplied the agency with a plan for
development and/or marketing of the invention, except that any such
plan may be treated by the Federal agency as commercial and financial
information obtained from a person and privileged and confidential and
not subject to disclosure under section 552 of title 5 of the United
States Code.''.
(b) Conforming Amendment.--The item relating to section 209 in the
table of sections for chapter 18 of title 35, United States Code, is
amended to read as follows:
``209. Licensing federally owned inventions.''.
SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT.
Chapter 18 of title 35, United States Code (popularly known as the
``Bayh-Dole Act''), is amended--
(1) by amending section 202(e) to read as follows:
``(e) In any case when a Federal employee is a coinventor of any
invention made with a nonprofit organization or small business firm,
the Federal agency employing such coinventor may, for the purpose of
consolidating rights in the invention and if it finds that it would
expedite the development of the invention--
``(1) license or assign whatever rights it may acquire in
the subject invention to the nonprofit organization or small
business firm in accordance with the provisions of this
chapter; or
``(2) acquire any rights in the subject invention from the
nonprofit organization or small business firm, but only to the
extent the party from whom the rights are acquired voluntarily
enters into the transaction and no other transaction under this
chapter is conditioned on such acquisition.''; and
(2) in section 207(a)--
(A) by striking ``patent applications, patents, or
other forms of protection obtained'' and inserting
``inventions'' in paragraph (2); and
(B) by inserting ``, including acquiring rights for
the Federal Government in any invention, but only to
the extent the party from whom the rights are acquired
voluntarily enters into the transaction, to facilitate
the licensing of a federally owned invention'' after
``or through contract'' in paragraph (3).
SEC. 5. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY
INNOVATION ACT OF 1980.
The Stevenson-Wydler Technology Innovation Act of 1980 is amended--
(1) in section 4(4) (15 U.S.C. 3703(4)), by striking
``section 6 or section 8'' and inserting ``section 7 or 9'';
(2) in section 4(6) (15 U.S.C. 3703(6)), by striking
``section 6 or section 8'' and inserting ``section 7 or 9'';
(3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by
striking ``State of local governments'' and inserting ``State
or local governments'';
(4) in section 9 (15 U.S.C. 3707), by--
(A) striking ``section 6(a)'' and inserting
``section 7(a)'';
(B) striking ``section 6(b)'' and inserting
``section 7(b)''; and
(C) striking ``section 6(c)(3)'' and inserting
``section 7(c)(3)'';
(5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking
``in cooperation with Federal Laboratories'' and inserting ``in
cooperation with Federal laboratories'';
(6) in section 11(i) (15 U.S.C. 3710(i)), by striking ``a
gift under the section'' and inserting ``a gift under this
section'';
(7) in section 14 (15 U.S.C. 3710c)--
(A) in subsection (a)(1)(A)(i), by inserting ``, if
the inventor's or coinventor's rights are assigned to
the United States'' after ``inventor or coinventors'';
(B) in subsection (a)(1)(B), by striking
``succeeding fiscal year'' and inserting ``2 succeeding
fiscal years''; and
(C) in subsection (b)(2), by striking ``inventon''
and inserting ``invention''; and
(8) in section 22 (15 U.S.C. 3714), by striking ``sections
11, 12, and 13'' and inserting ''sections 12, 13, and 14''.
SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT
PROCEDURES.
(a) Review.--Within 90 days after the date of the enactment of this
Act, each Federal agency with a Federally funded laboratory that has in
effect on that date of enactment one or more cooperative research and
development agreements under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) shall report to the
Committee on National Security of the National Science and Technology
Council and the Congress on the general policies and procedures used by
that agency to gather and consider the views of other agencies on--
(1) joint work statements under section 12(c)(5)(C) or (D)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(5)(C) or (D)); or
(2) in the case of laboratories described in section
12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and
development agreements under such section 12,
with respect to major proposed cooperative research and development
agreements that involve critical national security technology or may
have a significant impact on domestic or international competitiveness.
(b) Procedures.--Within one year after the date of the enactment of
this Act, the Committee on National Security of the National Science
and Technology Council, in conjunction with relevant Federal agencies
and national laboratories, shall--
(1) determine the adequacy of existing procedures and
methods for interagency coordination and awareness with respect
to cooperative research and development agreements described in
subsection (a); and
(2) establish and distribute to appropriate Federal
agencies--
(A) specific criteria to indicate the necessity for
gathering and considering the views of other agencies
on joint work statements or cooperative research and
development agreements as described in subsection (a);
and
(B) additional procedures, if any, for carrying out
such gathering and considering of agency views with
respect to cooperative research and development
agreements described in subsection (a).
Procedures established under this subsection shall be designed to the
extent possible to use or modify existing procedures, to minimize
burdens on Federal agencies, to encourage industrial partnerships with
national laboratories, and to minimize delay in the approval or
disapproval of joint work statements and cooperative research and
development agreements.
(c) Limitation.--Nothing in this Act, nor any procedures
established under this section shall provide to the Office of Science
and Technology Policy, the National Science and Technology Council, or
any Federal agency the authority to disapprove a cooperative research
and development agreement or joint work statement, under section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a), of another Federal agency.
SEC. 7. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PARTNERSHIP
INTERMEDIARIES.
Section 23 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3715) is amended--
(1) in subsection (a)(1) by inserting ``, institutions of
higher education as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)), or educational
institutions within the meaning of section 2194 of title 10,
United States Code'' after ``small business firms''; and
(2) in subsection (c) by inserting ``, institutions of
higher education as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)), or educational
institutions within the meaning of section 2194 of title 10,
United States Code,'' after ``small business firms''.
SEC. 8. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF
BIOTECHNOLOGY PATENTS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the General Accounting Office, in consultation
with the United States Patent and Trademark Office, shall conduct a
study and submit a report to Congress on the potential risks to the
United States biotechnology industry relating to biological deposits in
support of biotechnology patents.
(b) Contents.--The study conducted under this section shall
include--
(1) an examination of the risk of export and the risk of
third-party transfer of biological deposits, and the risks
posed by the change to 18-month publication requirements;
(2) an analysis of comparative legal and regulatory
regimes; and
(3) any related recommendations.
(c) Consideration of Report.--In drafting regulations affecting
biological deposits (including any modification of 37 Code of Federal
Regulations 1.801 et seq.), the United States Patent and Trademark
Office shall consider the recommendations of the study conducted under
this section.
SEC. 9. PROVISIONAL APPLICATIONS.
(a) Abandonment.--Section 111(b)(5) of title 35, United States
Code, is amended to read as follows:
``(5) Abandonment.--Notwithstanding the absence of a claim,
upon timely request and as prescribed by the Commissioner, a
provisional application may be treated as an application filed
under subsection (a). Subject to section 119(e)(3) of this
title, if no such request is made, the provisional application
shall be regarded as abandoned 12 months after the filing date
of such application and shall not be subject to revival
thereafter.''.
(b) Technical Amendment Relating to Weekends and Holidays.--Section
119(e) of title 35, United States Code, is amended by adding at the end
the following:
``(3) If the day that is 12 months after the filing date of a
provisional application falls on a Saturday, Sunday, or Federal holiday
within the District of Columbia, the period of pendency of the
provisional application shall be extended to the next succeeding
secular or business day.''.
(c) Effective Date.--The amendments made by this section shall
apply to a provisional application filed on or after June 8, 1995.
Passed the House of Representatives October 20, 1998.
Attest:
Clerk. | Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to revise requirements regarding enumerated authority under a cooperative research and development (R&D) agreement to permit Government laboratories to grant licenses to federally owned inventions for which a patent application was filed before the granting of the license, and directly within the scope of work under such agreement.
(Sec. 3) Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received; and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention. Exempts from these requirements the licensing of any inventions made under an R&D agreement.
(Sec. 4) Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to Government acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Act relating to, among other things, the distribution of royalties received by Federal agencies.
(Sec. 6) Requires each Federal agency with a federally funded laboratory that has one or more R&D agreements under the Stevenson-Wydler Act to report to the Committee on National Security of the National Science and Technology Council (Committee) and the Congress on the general policies and procedures that agency uses to gather and consider the views of other agencies on joint work statements, or R&D agreements in the case of certain laboratories, with respect to major proposed R&D agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness.
Directs the Committee to: (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to R&D agreements; and (2) establish and distribute to appropriate Federal agencies specific criteria to indicate the necessity for gathering and considering agency views on such statements or agreements, as well as additional procedures, if any, for carrying out such gathering and considering.
Amends the Stevenson-Wydler Act to provide for increased flexibility for Federal laboratory partnership intermediaries.
Directs the General Accounting Office to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the U.S. Patent and Trademark Office to consider the recommendations of such study in drafting regulations affecting biological deposits.
Revises Federal patent law to authorize, upon timely request, the treatment of a provisional application as a written application, notwithstanding the absence of a claim. Applies current statutory abandonment treatment to a provisional application 12 months after the application filing date only if such a request is not made. | {"src": "billsum_train", "title": "Technology Transfer Commercialization Act of 1998"} | 3,592 | 815 | 0.628569 | 1.921886 | 0.744816 | 4.351744 | 4.636628 | 0.912791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of the Homeowner Advocate Act
of 2010''.
SEC. 2. OFFICE OF THE HOMEOWNER ADVOCATE.
(a) Establishment.--There is established in the Department of the
Treasury an office to be known as the ``Office of the Homeowner
Advocate'' (in this Act referred to as the ``Office'').
(b) Director.--
(1) In general.--The Director of the Office of the
Homeowner Advocate (in this Act referred to as the
``Director'') shall be appointed by the Secretary of the
Treasury, after consultation with the Secretary of the
Department of Housing and Urban Development, and without regard
to the provisions of title 5, United States Code, relating to
appointments in the competitive service or the Senior Executive
Service.
(2) Supervisor; compensation.--The Director shall report
directly to the Assistant Secretary of the Treasury for
Financial Stability, and shall be entitled to compensation at
the same rate as the highest rate of basic pay established for
the Senior Executive Service under section 5382 of title 5,
United States Code.
(3) Qualifications.--An individual appointed under
paragraph (1) shall have--
(A) experience as an advocate for homeowners; and
(B) experience dealing with mortgage servicers.
(4) Restriction on employment.--An individual may be
appointed as Director only if such individual was not an
officer or employee of a mortgage servicer or the Department of
the Treasury during the 4-year period ending on the date of
such appointment.
(5) Hiring authority.--The Director shall have the
authority to hire staff, obtain support by contract, and manage
the budget of the Office of the Homeowner Advocate.
SEC. 3. FUNCTIONS OF THE OFFICE.
(a) In General.--It shall be the function of the Office--
(1) to assist homeowners, housing counselors, and housing
lawyers in resolving problems with the Home Affordable
Modification Program of the Making Home Affordable initiative
of the Secretary of the Treasury, authorized under the
Emergency Economic Stabilization Act of 2008 (in this title
referred to as the ``Home Affordable Modification Program'');
(2) to identify areas, both individual and systematic, in
which homeowners, housing counselors, and housing lawyers have
problems in dealings with the Home Affordable Modification
Program;
(3) to the extent possible, to propose changes in the
administrative practices of the Home Affordable Modification
Program to mitigate problems identified under paragraph (2);
(4) to identify potential legislative changes which may be
appropriate to mitigate such problems; and
(5) to implement other programs and initiatives that the
Director considers important in assisting homeowners, housing
counselors, and housing lawyers to resolve problems with the
Home Affordable Modification Program, which may include--
(A) running a triage hotline for homeowners at risk
of foreclosure;
(B) providing homeowners with access to housing
counseling programs of the Department of Housing and
Urban Development at no cost to the homeowner;
(C) developing Internet tools related to the Home
Affordable Modification Program; and
(D) developing training and educational materials.
(b) Authority.--
(1) In general.--Staff designated by the Director shall
have the authority to implement mortgage servicer remedies, on
a case-by-case basis, subject to the approval of the Assistant
Secretary of the Treasury for Financial Stability.
(2) Limitations on foreclosures.--A mortgage servicer
participating in the Home Affordable Modification Program may
not initiate or continue a foreclosure proceeding until the
earlier of the date on which the Office of the Homeowner
Advocate case involving a homeowner who applied for a loan
modification under such Program is closed, or 60 days since the
opening of the Office of the Homeowner Advocate case involving
such homeowner has passed, except that nothing in this section
may be construed to relieve any mortgage servicers from any
otherwise applicable rules, directives, or similar guidance
under the Program relating to the continuation or completion of
foreclosure proceedings.
(3) Resolution of homeowner concerns.--The Director shall,
to the extent possible, resolve all homeowner concerns not
later than 30 days after the opening of a case with such
homeowner.
(c) Commencement of Operations.--The Director shall commence its
operations, as required by this Act, not later than 3 months after the
date of enactment of this Act.
(d) Sunset.--Effective on the date of the conclusion of the Home
Affordable Modification Program, the Office of the Homeowner Advocate
and the position of the Director of the Office of the Homeowner
Advocate are hereby abolished.
SEC. 4. RELATIONSHIP WITH EXISTING ENTITIES.
(a) Transfer.--The Director shall coordinate and centralize all
complaint escalations relating to the Home Affordable Modification
Program.
(b) Hotline.--The HOPE hotline (or any successor triage hotline)
shall reroute all complaints relating to the Home Affordable
Modification Program to the Office.
(c) Coordination.--The Director shall coordinate with the
compliance office of the Office of Financial Stability of the
Department of the Treasury and the Homeownership Preservation Office of
the Department of the Treasury.
SEC. 5. REPORTS TO CONGRESS.
(a) Testimony.--The Director shall appear and testify before the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives not
less than 4 times a year or at any time at the request of the Chairs of
either committee.
(b) Reports.--The Director shall provide annually to Congress a
detailed report on the Home Affordable Modification Program. Such
report shall contain a full and substantive analysis of the Program, in
addition to statistical information, including, at a minimum--
(1) data and analysis of the types and volume of complaints
received from homeowners, housing counselors, and housing
lawyers, disaggregated by category of mortgage servicer, except
that mortgage servicers may not be identified by name in the
report;
(2) a summary of not fewer than 20 of the most serious
problems encountered by participants of the Home Affordable
Modification Program, including a description of the nature of
such problems;
(3) to the extent known, identification of the 10 most
litigated issues for participants of the Home Affordable
Modification Program, including recommendations for mitigating
such disputes;
(4) data and analysis on the resolutions of the complaints
received from homeowners, housing counselors, and housing
lawyers;
(5) identification of any programs or initiatives that the
Director has taken to improve the Home Affordable Modification
Program;
(6) recommendations for such administrative and legislative
action as may be appropriate to resolve problems encountered by
participants of the Home Affordable Modification Program; and
(7) such other information as the Director considers
advisable.
SEC. 6. FUNDING.
Amounts made available for the costs of administration of the Home
Affordable Modification Program that are not otherwise obligated to
such Program shall be available to carry out the functions of the
Office. Funding shall be maintained at levels adequate to reasonably
carry out such functions. | Office of the Homeowner Advocate Act of 2010 - Establishes in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program of the Making Home Affordable initiative of the Secretary of the Treasury, authorized under the Emergency Economic Stabilization Act of 2008. | {"src": "billsum_train", "title": "To establish in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program."} | 1,519 | 76 | 0.645079 | 1.602085 | 1.312233 | 7.015625 | 22.515625 | 0.984375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Protective Service Reform
Act of 1998''.
SEC. 2. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
(1) by striking ``special policemen'' each place it appears
in the Act and inserting ``police officers'';
(2) in section 1 by striking the section heading and
inserting the following:
``SECTION 1. POLICE OFFICERS.'';
(3) in section 1(b) by striking ``Special policemen'' and
inserting ``Police officers''; and
(4) in section 5 by striking ``special policeman'' and
inserting ``police officer''.
SEC. 3. POWERS.
(a) In General.--Section 1(b) of the Act of June 1, 1948 (40 U.S.C.
318(b)), is amended--
(1) by inserting ``, and subject to paragraph (3) in any
area within 500 feet from such property,'' after ``subsection
(a)''; and
(2) by inserting before the period at the end the
following: ``and shall be concurrent with State and local law
enforcement authorities in the area in which the property is
located''.
(b) Additional Powers.--Section 1(b) of such Act is further
amended--
(1) by striking ``Police officers'' and inserting the
following:
``(1) In general.--Police officers'';
(2) by adding at the end the following:
``(2) Additional powers.--A police officer appointed under
this section is authorized--
``(A) to carry firearms in any State, the District
of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States, subject
to conditions contained in regulations to be prescribed
by the Commissioner of the Federal Protective Service;
``(B) to petition Federal courts for arrest and
search warrants and to execute such warrants;
``(C) to arrest an individual without a warrant if
the individual commits a crime in the officer's
presence or if the officer has probable cause to
believe that the individual has committed a crime or is
committing a crime;
``(D) to conduct investigations, on and off the
property in question, of offenses that have been or may
be committed against property under the charge and
control of the Administrator or against persons on such
property; and
``(E) to coordinate with other law enforcement
agencies that have intelligence gathering authority for
the protection of persons and property described in
subparagraph (D).
``(3) Authority outside federal property.--A police officer
appointed under this section is authorized to exercise any
power granted under this section in an area that is within 500
feet of an area owned or occupied by the United States and
under the charge and control of the Administrator if--
``(A)(i) the officer reasonably believes that the
action is necessary to prevent or stop a felony in
progress that threatens life, limb, or property;
``(ii) the felony is being committed in the
presence of the officer; and
``(iii) there is insufficient time to contact local
law enforcement authorities; or
``(B) there is a known, immediate threat directed
at property under the charge and control of the
Administrator or against persons on such property.'';
and
(3) by moving the left margin of paragraph (1), as
designated by paragraph (1) of this subsection, so as to
appropriately align with paragraphs (2) and (3), as designated
by paragraph (2) of this subsection.
SEC. 4. PENALTIES.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is amended
by striking ``not more $50'' and inserting ``not more than $5,000''.
SEC. 5. NONUNIFORMED SPECIAL POLICE OFFICERS.
Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended
by adding at the end the following: ``Any such special law enforcement
officer shall have the same authority outside Federal property as
police officers have under section 1(b)(3).''.
SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
amended by adding at the end the following:
``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
``(a) In General.--The Administrator of General Services shall
establish the Federal Protective Service as a separate operating
service of the General Services Administration.
``(b) Appointment of Commissioner.--
``(1) In general.--The Federal Protective Service shall be
headed by a Commissioner who shall be appointed by and report
directly to the Administrator.
``(2) Qualifications.--The Commissioner shall be appointed
from among individuals who have at least 5 years of
professional law enforcement experience in a command or
supervisory position.
``(c) Duties of the Commissioner.--The Commissioner shall--
``(1) assist the Administrator in carrying out the duties
of the Administrator under this Act;
``(2) serve as the principal law enforcement officer and
security official of the United States with respect to the
protection of Federal officers and employees in buildings and
areas that are owned or occupied by the United States and under
the charge and control of the Administrator; and
``(3) render necessary assistance, as determined by the
Commissioner, to other Federal, State, and local law
enforcement agencies upon request.
``(d) Appointment of Regional Directors and Assistant
Commissioners.--
``(1) In general.--The Commissioner may appoint regional
directors and assistant commissioners of the Federal Protective
Service.
``(2) Qualifications.--The Commissioner shall select
individuals for appointments under paragraph (1) from among
individuals who have at least 5 years of direct law enforcement
experience, including at least 2 years in a supervisory
position.
``(e) Coordination With Public Buildings Service.--The Commissioner
shall carry out the duties of the Commissioner in coordination with the
Commissioner of the Public Buildings Service.''.
(b) Pay Level of Commissioner.--Section 5316 of title 5, United
States Code, is amended by inserting after the paragraph relating to
the Commissioner of the Public Buildings Service the following:
``Commissioner, Federal Protective Service, General
Services Administration.''.
SEC. 7. PAY AND BENEFITS.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 7. PAY AND BENEFITS.
``Notwithstanding any other provision of law or any other rule or
regulation, the pay and benefits for police officers and criminal
investigators in the Federal Protective Service shall be determined in
accordance with a pay and benefits package established and maintained
by the Administrator of General Services that is equivalent to the pay
scale and benefits package applicable to members of the United States
Secret Service Uniformed Division. Such pay scale and benefits package
shall be established by regulation, shall apply with respect to pay
periods beginning after January 1, 1999, and shall not result in a
decrease in the pay or benefits of any individual.''.
(b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C.
318(a)), is amended by striking ``without additional compensation''.
SEC. 8. NUMBER OF POLICE OFFICERS.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 8. NUMBER OF POLICE OFFICERS.
``(a) Reductions Not Permitted.--After the 1-year period beginning
on the date of enactment of this section, there shall be at least 730
full-time equivalent police officers in the Federal Protective Service.
This number shall not be reduced unless specifically authorized by law.
``(b) Consolidation of Building Security Forces.--
``(1) Study.--The Comptroller General of the United States
shall conduct a study to determine the feasibility of merging
all building security forces of the Executive branch within,
and under the supervision of, the Federal Protective Service.
``(2) Report.--Not later than 12 months after the date of
enactment of this section, the Comptroller General shall
transmit to Congress a report containing the results of the
study conducted under paragraph (1).''.
SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
``The Commissioner of Federal Protective Service shall prescribe
standards for the contracting of security personnel for buildings and
areas that are owned or occupied by the United States and under the
charge and control of the Administrator of General Services. Such
standards shall ensure that contract personnel receive adequate
training and are subject to the same background check requirements as
police officers of the Federal Protective Service.''. | Federal Protective Service Reform Act of 1998 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers.
(Sec. 3) Extends the powers of sheriffs and constables granted to such police officers upon Federal property under the GSA Administrator's control to any area within 500 feet from such property and makes such powers concurrent with State and local law enforcement authorities in the area in which the property is located. Empowers such police officers to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property of offenses on such property; and (5) coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of such persons and property. Authorizes police officers to exercise any power granted in such an area if: (1) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress; (2) the felony is being committed in the presence of the officer; and (3) there is a known, immediate threat.
(Sec. 4) Increases from $50 to $5,000 the maximum penalty for violations of any rules or regulations with respect to Federal property.
(Sec. 5) Empowers nonuniformed special law enforcement officers with the same authority outside Federal property (within 500 feet of a Federal area) as police officers have.
(Sec. 6) Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the principal U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) carry out his or her duties in coordination with the Commissioner of the Public Buildings Service.
(Sec. 7) Requires FPS police officers' and criminal investigators' pay and benefits to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to U.S. Secret Service Uniformed Division members.
(Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law.
Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision.
(Sec. 9) Directs the Commissioner to prescribe standards for the contracting of security personnel for Federal property. Provides for such standards to ensure that contract personnel receive adequate training and are subject to the same background check requirements as FPS police officers. | {"src": "billsum_train", "title": "Federal Protective Service Reform Act of 1998"} | 2,089 | 687 | 0.569312 | 1.757926 | 0.742385 | 3.792332 | 3.044728 | 0.916933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timber Innovation Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) wood products play a significant role in the United
States economy;
(2) the United States wood products industry employs more
than 548,000 individuals in manufacturing and forestry;
(3) private forest owners in the United States support
approximately 2,400,000 jobs and $87,000,000,000 in payroll;
(4) support for wood buildings and growing market
opportunities for the use of wood products, such as tall wood
building markets, could--
(A) help ensure that forests in the United States
remain healthy; and
(B) create income streams for private forest owners
that may help the owners keep their land forested
instead of selling the land for development;
(5) developing new markets for wood use in buildings may
drive additional investment in hazardous fuels treatments on
forest land;
(6) innovative wood product technologies and building
systems--
(A) have enabled longer wood spans, taller walls,
and higher buildings; and
(B) continue to expand the possibilities for wood
use in construction;
(7) wood, because it is a building material that sequesters
carbon, has the potential to reduce the overall carbon
footprint of a project that uses wood as a building material;
(8) research helps to modernize building codes on an
international basis, and that modernization is needed in the
United States for tall wood buildings;
(9) building codes specify a level of safety that each
building material and system shall meet and that level of
safety is the same regardless of the construction materials
used;
(10) in the case of wood, building codes ensure that the
allowable size, configuration, and required structural and fire
protection features of a construction project allow for the
safety of all occupants;
(11) mass timber buildings, due to the thick, solid wood
panels of which the buildings are composed, are slow to burn
and have inherent fire resistance that, under many
configurations, establishes a fire performance equal to or
better than other construction materials, allowing mass timber
to be used appropriately for buildings that are significantly
taller and larger than traditional wood buildings; and
(12) National Forest System lands offer a ready source of
wood for use in the production of mass timber and tall wood
buildings.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mass timber.--The term ``mass timber'' means a type of
building component or system that uses large panelized wood
construction, including--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 4. ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCING
TALL WOOD BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall establish a performance-driven
research and development program for the purpose of advancing tall wood
building construction in the United States (referred to in this section
as the ``program'').
(b) Activities.--In carrying out the program, the Secretary, in
consultation with the State and Private Forestry deputy area of the
Forest Service, shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research at the Forest Products Laboratory that meets
measurable performance goals for the achievement of the
priorities described in subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research that meets measurable performance goals for
the achievement of the priorities described in subsection (c).
(c) Program Priorities.--The research carried out under the program
shall give priority to--
(1) ways to improve the commercialization of tall wood
building materials;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
life cycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) identifying the building code modifications necessary
to construct tall wood buildings;
(5) analyzing methods to reduce the life cycle
environmental footprint of tall wood building construction;
(6) analyzing the potential implications of the broad
adoption of tall wood building technology and architecture in
the commercial and residential building market on wildlife and
forest biodiversity; and
(7) one or more other research areas identified by the
Secretary, in consultation with the State and Private Forestry
deputy area of the Forest Service, conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research carried out under the program shall
be achievable within a 5-year timeframe.
SEC. 5. TALL WOOD BUILDING COMPETITION.
Subject to availability of appropriations, not less frequently than
once during each fiscal year for the period of fiscal years 2017
through 2021, the Secretary shall carry out a competition for a tall
wood building design in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
SEC. 6. WOOD INNOVATION GRANT PROGRAM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) an individual;
(2) a public or private entity (including a center of
excellence that consists of one or more partnerships between
forestry, engineering, architecture, or business schools at one
or more institutions of higher education); or
(3) a State, local, or tribal government.
(b) Grants Authorized.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the notice of
the Secretary entitled ``Request for Proposals: 2016 Wood Innovations
Funding Opportunity'' (80 Fed. Reg. 63498 (October 20, 2015)), may make
a wood innovation grant to one or more eligible entities each year for
the purpose of the acceleration of the adoption of emerging
technologies in the development of innovative wood products for tall
wood building construction.
(c) Incentivizing Use of Existing Milling Capacity.--In selecting
among eligible proposals for the wood innovation grant program, the
Secretary shall give priority to proposals which include the use or
retrofitting (or both) of existing sawmill facilities located in
Counties where the average annual unemployment rate exceeded the
national average by more than 1 percent in the previous calendar year.
(d) Matching Requirement.--As a condition of receiving a grant
under subsection (b), a recipient shall provide funds equal to the
amount the recipient receives under the grant, to be derived from non-
Federal sources.
SEC. 7. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary, in cooperation with State foresters
and State extension directors (or equivalent State officials), shall
carry out a program of education and technical assistance for mass
timber applications (referred to in this section as the ``program'').
(b) Activities.--Activities under the program shall include--
(1) the provision of assistance to an individual, a public
or private entity, or a local or tribal government in the
development of skills and knowledge relating to the use of wood
in mass timber applications and other wood technologies;
(2) the provision of assistance to an individual, a public
or private entity, or a State, local, or tribal government in
the identification of opportunities for the use of mass timber;
and
(3) activities to increase public understanding of--
(A) the environmental, economic, and social values
associated with using wood in the construction of
buildings; and
(B) the relationship between the development of
markets for wood products and the ability to carry out
sustainable forest management.
(c) Methods.--The program may include the development and
distribution of educational materials and holding events designed to
transfer knowledge.
(d) Expertise.--The Secretary shall--
(1) maintain, within the Forest Service, sufficient
professional expertise relating to the uses of wood products to
conduct the program; and
(2) improve that expertise by collaborating with other
Federal and non-Federal experts on the uses of wood products.
(e) Partners.--The Secretary shall collaborate and partner with one
or more non-Federal entities, including the governments of other
countries, States, local governments, not-for-profit organizations,
businesses, and institutions of higher education--
(1) to enhance tall wood building commercialization in the
United States;
(2) to develop technical assistance relating to tall wood
building commercialization; and
(3) to carry out the program. | Timber Innovation Act of 2016 This bill directs the Department of Agriculture (USDA) to establish a performance-driven research and development program to advance tall wood building construction in the United States. "Tall wood building" means a building designed to be over 85 feet high and constructed with large panelized wood construction (mass timber), including cross-laminated timber, nail laminated timber, glue laminated timber, laminated strand lumber, and laminated veneer lumber. USDA shall for FY2017-FY2021 carry out an annual competition for a tall wood building design in accordance with the requirements for prize competitions carried out under the Stevenson-Wydler Technology Innovation Act of 1980. In carrying out a wood innovation grant program, USDA may make a wood innovation grant to one or more specified eligible entities in order to accelerate the adoption of emerging technologies in the development of innovative wood products for tall wood building construction. USDA shall give priority to grant proposals which include the use or retrofitting (or both) of existing sawmill facilities in counties where the average annual unemployment rate exceeded the national average by more than 1% in the previous year. USDA shall carry out a program of education and technical assistance for mass timber applications. USDA shall collaborate and partner with one or more nonfederal entities, including governments of other countries, to: enhance tall wood building commercialization of the United States, develop technical assistance related to tall wood building commercialization, and carry out the program. | {"src": "billsum_train", "title": "Timber Innovation Act of 2016"} | 1,922 | 313 | 0.506728 | 1.795989 | 0.702286 | 3.833922 | 6.618375 | 0.872792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Drug Policy
Commission Act of 2010''.
SEC. 2. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').
SEC. 3. PURPOSE.
The purposes of the Commission are as follows:
(1) The Commission shall review and evaluate the
effectiveness of United States policies and programs regarding
illicit drug supply reduction and interdiction with an emphasis
on the countries of the Western Hemisphere, as well as foreign
and domestic demand reduction policies and programs. The
Commission shall recommend changes to such policies and
programs that could more effectively--
(A) reduce the supply and trafficking of, and
demand for, illicit drugs;
(B) reduce the violence and corruption associated
with illicit drug production and distribution;
(C) reduce the threats to public health associated
with illicit drug use, such as the spread of HIV/AIDS;
and
(D) anticipate and mitigate the unintended adverse
consequences associated with policies intended to
reduce illicit drug supply and demand.
(2) The Commission shall recommend a multi-year interagency
counternarcotics strategy for the Western Hemisphere,
describing the diplomatic, criminal justice, civil society,
economic development, demand reduction, military, and other
assistance required to achieve regional counternarcotics goals.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Review of Illicit Drug Supply Reduction and Demand Reduction
Policies.--The Commission shall conduct a comprehensive review of the
effectiveness of United States policies regarding illicit drug supply
reduction, interdiction, and demand reduction policies and shall, at a
minimum, address the following topics:
(1) An assessment of United States illicit drug control
policies in the Western Hemisphere, including interdiction
efforts, efforts to curb the trafficking of chemical
precursors, crop eradication programs, and the support of
economic development alternatives to illicit drug crop
cultivation and production.
(2) The impact of the Andean Counterdrug Initiative, the
Merida Initiative, the Central American Regional Security
Initiative (CARSI), the Caribbean Basin Security Initiative,
and other programs in curbing illicit drug production, drug
trafficking, and drug-related violence in the region.
(3) A review of the illicit drug control programs and
resources utilized by all agencies and departments of the
United States Government and recommendations to reduce
duplication of efforts and resources and improve coordination.
(4) An assessment of the extent to which the United States
drug certification process serves United States interests with
respect to United States illicit drug control objectives in the
Western Hemisphere.
(5) An assessment of the nature and extent of the United
States population's demand for illicit drugs.
(6) An assessment of whether the latest supply and
availability estimates for marijuana, cocaine, heroin, and
methamphetamine indicate that United States retail-level
availability is stable, significantly lower, or significantly
higher than it was one year earlier and ten years earlier.
(7) An assessment of the extent to which the consumption of
illicit drugs in the United States is driven by individuals
addicted to or abusive of illicit drugs, and of the most
effective methods in the United States and other countries for
treating those individuals and reducing the damage to
themselves, their families, and society, including anti-drug
coalitions, drug courts, and programs aimed at preventing
recidivism.
(8) An assessment of whether proper and realistic goals are
being set for United States illicit drug control policy, and
whether appropriate indicators of success are being used to
measure performance and outcomes.
(9) An assessment of the effectiveness of the illicit drug
control policies and programs of other countries facing similar
challenges, and the extent to which they could be effective if
adopted and implemented by the United States.
(10) Recommendations for changes to United States policies
and programs that could more effectively--
(A) reduce the supply and trafficking of, and
demand for, illicit drugs;
(B) reduce the violence and corruption associated
with illicit drug production and distribution;
(C) reduce the threats to public health associated
with illicit drug use, such as the spread of HIV/AIDS;
and
(D) anticipate and mitigate the unintended adverse
consequences associated with policies intended to
reduce illicit drug supply and demand.
(b) Multiyear Interagency Counternarcotics Strategy.--The
Commission shall recommend a multiyear interagency counternarcotics
strategy for the Western Hemisphere that includes--
(1) a description of the diplomatic, criminal justice,
anti-corruption, civil society, economic development, demand
reduction, military, intelligence sharing and other assistance
required to achieve regional counternarcotics goals;
(2) a methodology for countering shifts in production and
transit routes by producers and traffickers due to pressure
from counternarcotics efforts;
(3) the role of each of the relevant United States
government agencies in effectively coordinating the multiyear
strategy, including--
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of Homeland Security; and
(F) the intelligence agencies; and
(4) regional and, as necessary, country-specific metrics
that reflect the particular challenges in source, transit, and
demand zone countries.
(c) Coordination With Governments, International Organizations, and
Nongovernmental Organizations (NGOS) in the Western Hemisphere.--In
conducting the review required under subsection (a) and preparing the
strategy required under subsection (b), the Commission shall consult
with--
(1) government, academic, and nongovernmental leaders from
the United States, Latin America, and the Caribbean, as well as
leaders of international organizations; and
(2) the Inter-American Drug Abuse Control Commission
(CICAD) to examine what changes would increase its
effectiveness.
(d) Report.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall submit to the
Committees on Appropriations, Foreign Relations, Armed
Services, Health, Education, Labor and Pensions, and the
Judiciary of the Senate, and the Committees on Appropriations,
Foreign Affairs, Armed Services, Energy and Commerce, and the
Judiciary of the House of Representatives, the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of Defense, the
Secretary of the Treasury, the Secretary of Health and Human
Services, the Attorney General, and the Director of the Office
of National Drug Control Policy (ONDCP) a report that details
the findings, conclusions, and recommendations of the
Commission, including the findings of the review conducted
under subsection (a), the strategy prepared under subsection
(b), and summaries of the views and recommendations of the
leaders and organizations with which it consulted under
subsection (c).
(2) Public availability.--The report required under this
subsection shall be made available to the public in a timely
manner.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
ten members, to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint two members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint two members.
(3) The President shall appoint two members who are
employees of departments and agencies of the United States with
expertise relevant to the Commission's work.
(b) Appointments.--The Commission may not include Members of
Congress or other currently elected Federal, State, or local government
officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed not later
than 60 days after the date of the enactment of this Act.
(e) Initial Meeting and Selection of Chairperson.--Not later than
90 days after the date of the enactment of this Act, the Commission
shall hold an initial meeting to develop and implement a schedule for
completion of the review, strategy, and report required under section
4. At the initial meeting, the Commission shall select a Chairperson
from among its members.
(f) Quorum.--Six members of the Commission shall constitute a
quorum.
(g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 6. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines necessary to carry
out its duties.
(c) Other Resources.--The Commission shall have timely and
reasonable access to documents, statistical data, and other such
information the Commission determines necessary to carry out its duties
from the Library of Congress, the Office of National Drug Control
Policy, the Department of State, the United States Agency for
International Development, the Department of Health and Human Services,
the Department of Justice (including the Drug Enforcement
Administration), the Department of Defense (including the United States
Southern and Northern Commands), the Department of the Treasury, and
other agencies of the executive and legislative branches of the Federal
Government. The Chairperson of the Commission shall make requests for
such access in writing when necessary. The General Services
Administration (GSA) shall make office space available for day-to-day
Commission activities and for scheduled Commission meetings. Upon
request, the Administrator of General Services shall provide, on a
reimbursable basis, such administrative support as the Commission
requests to fulfill its duties.
(d) Authority To Use the United States Mails.--The Commission may
use the United States mails in the same manner and under the same
conditions as other departments and agencies of the United States.
(e) Authority To Contract.--The Commission is authorized to enter
into contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities necessary
to the discharge of its duties and responsibilities. A contract, lease,
or other legal agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.
SEC. 7. STAFF.
(a) Executive Director.--The Commission shall have a staff headed
by an Executive Director. The Executive Director and such staff shall
be paid at a rate of not more than the daily equivalent of the
compensation prescribed for level V of the Executive Schedule.
(b) Staff Appointment.--With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive Director
determines to be appropriate. The Commission may appoint and fix the
compensation of such other personnel as may be necessary to enable the
Commission to carry out its duties, 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 to a person
occupying a position at level V of the Executive Schedule under section
5316 of such title.
(c) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Of the amounts authorized to be appropriated to the Department of
State under the heading ``Diplomatic and Consular Programs'' for fiscal
years 2011 and 2012, not more than $250,000 may be made available to
the Commission to carry out the purposes of this Act.
SEC. 9. SUNSET.
The Western Hemisphere Drug Policy Commission shall terminate 60
days after the submission to Congress of the report required under
section 4(d). | Western Hemisphere Drug Policy Commission Act of 2010 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review the effectiveness of U.S. policies and programs regarding illicit drug supply reduction and interdiction with an emphasis on the countries of the Western Hemisphere, as well as foreign and domestic demand reduction policies and programs; and (2) recommend a multi-year interagency counternarcotics strategy for the Western Hemisphere describing the diplomatic, criminal justice, civil society, economic development, demand reduction, military, and other assistance required to achieve regional counternarcotics goals.
Terminates the Commission 60 days after submission of the report required under this Act. | {"src": "billsum_train", "title": "A bill to establish the Western Hemisphere Drug Policy Commission."} | 2,720 | 149 | 0.729326 | 2.235806 | 0.806912 | 6.595041 | 21.454545 | 0.975207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Involvement in Campaigns Act
of 2005''.
SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to all qualified political contributions
paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
shall not exceed $200 ($400 in the case of a joint return).
``(2) Verification.--The credit allowed by subsection (a)
shall be allowed with respect to any qualified political
contribution only if such contribution is verified in such
manner as the Secretary shall prescribe by regulation.
``(c) Definitions.--For purposes of this section--
``(1) Qualified political contribution.--The term
`qualified political contribution' means a contribution or gift
of money, or the fair market value of a contribution or gift of
property, to--
``(A) an individual who is a candidate for
nomination or election to any Federal elective public
office in any primary, general, or special election,
for use by such individual to further the candidacy of
the individual for nomination or election to such
office, or
``(B) the national committee of a national
political party.
``(2) Candidate.--The term `candidate' means, with respect
to any Federal elective public office, an individual who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
political contribution is made that the individual is a
candidate for nomination or election to such office;
and
``(B) meets the qualifications prescribed by law to
hold such office.
``(3) National political party.--The term `national
political party' means--
``(A) in the case of qualified political
contributions made during a taxable year of the
taxpayer in which the electors of President and Vice
President are chosen, a political party presenting
candidates or electors for such offices on the official
election ballot of ten or more States; or
``(B) in the case of qualified political
contributions made during any other taxable year of the
taxpayer, a political party which met the
qualifications described in subparagraph (A) in the
last preceding election of a President and Vice
President.
``(d) Election not to Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to qualified political
contributions made during the taxable year.
``(e) Cross References.--
``For transfer of appreciated property to a political organization, see
section 84.
``For certain indirect contributions to political parties, see section
276.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code (relating to
nonrefundable personal credits) is amended by inserting after the item
relating to section 25B the following new item:
``Sec. 25C. Credit for certain political contributions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the calendar year
in which this Act is enacted.
SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and by inserting after section 223 the following new
section:
``SEC. 224. POLITICAL CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction for the taxable year an amount equal to the
qualified political contributions made by the taxpayer during the
taxable year.
``(b) Limitation.--The amount allowed as a deduction under
subsection (a) for the taxable year shall not exceed $600 ($1200 in the
case of a joint return).
``(c) Qualified Political Contribution.--For purposes of this
section, the term `qualified political contribution' shall have the
meaning given such term by section 25C(c)(1).
``(d) Denial of Double Benefit.--No deduction shall be allowed
under subsection (a) to a taxpayer for any qualified political
contribution made during the taxable year if a credit is allowed to
such taxpayer under section 25C for such year.''.
(b) Deduction Allowed Whether or not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting before the last sentence at the end the following new
paragraph:
``(21) Qualified political contributions.--The deduction
allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and by
inserting before such item the following new item:
``Sec. 224. Political contributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the calendar year
in which this Act is enacted. | Citizen Involvement in Campaigns Act of 2005 - Amends the Internal Revenue Code to allow: (1) a $200 tax credit ($400 for joint returns) for contributions to a candidate for Federal elective public office or to the national committee of a national political party; and (2) a tax deduction (available to taxpayers who do not itemize deductions) for such political contributions up to $600 ($1,200 for joint returns). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit and a deduction for small political contributions."} | 1,320 | 95 | 0.582958 | 1.341481 | 0.642772 | 2.270588 | 13.447059 | 0.858824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landsat Amendments Act of 1995''.
SEC. 2. AMENDMENT OF ACT.
The Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)
is amended--
(1) by amending section 2(9) to read as follows:
``(9) Because Landsat data are particularly important for
global environmental change research, the program should be
managed by an integrated team consisting of the National
Aeronautics and Space Administration and the Department of
Commerce.'';
(2) in sections 3(6)(A), 101 (a) and (b), 103(b), and 504,
by striking ``Secretary of Defense'' and inserting in lieu
thereof ``Secretary'';
(3) in section 3(6)(B), by striking ``Department of Defense
and'' and inserting in lieu thereof ``and the Department of
Commerce, as well as the Department of Interior, or'';
(4) in section 101(b)(1), by striking ``, with the addition
of a tracking and data relay satellite communications
capability'';
(5) in section 101(b)(2), by striking all after ``baseline
funding profile'' and inserting in lieu thereof ``for the
development and operational life of Landsat 7 that is mutually
acceptable to the agencies constituting the Landsat Program
Management;'';
(6) in section 101(b), by inserting after paragraph (4) the
following:
``The Director of the Office of Science and Technology Policy shall, no
later than 60 days after enactment of the Landsat Amendments Act of
1995, transmit the management plan to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.'';
(7) in sections 101(c)(3), 202(b)(1), 501(a), and
502(c)(7), by striking ``section 506'' and inserting ``section
507'';
(8) in section 102(b)(1), by striking ``by the expected end
of the design life of Landsat 6'' and inserting in lieu thereof
``by the predicted end of life of Landsat 5, or as soon as
practicable thereafter'';
(9) in section 103(a), by striking ``section 105'' and
inserting in lieu thereof ``section 104'';
(10) by adding at the end of section 103 the following:
``(c) Implementation of Agreement.--If negotiations under
subsection (a) result in an agreement that the Landsat Program
Management determines generally achieves the goal stated in paragraphs
(1) through (8) of subsection (a), the Landsat Program Management shall
award an extension, until the practical demise of Landsat 4 or Landsat
5, whichever occurs later, of the existing contract with the Landsat 6
contractor incorporating the terms of such agreement.'';
(11) by striking section 104 and redesignating section 105
as section 104;
(12) in section 201(c), by amending the second sentence
thereof to read as follows: ``If the Secretary determines that
the license requested by the applicant should not be issued,
the Secretary shall inform the applicant within such 120-day
period of the reasons for such determination and the specific
actions required of the applicant to obtain a license.'';
(13) in section 202(b)(6), by inserting ``significant or
substantial'' before ``agreement'';
(14) in section 204, by striking ``may'' and inserting in
lieu thereof ``shall'';
(15) by inserting at the end of title II the following new
section:
``SEC. 206. NOTIFICATION.
``(a) Limitations on Licensee.--Within 30 days after any
determination by the Secretary to require a licensee to limit
collection or distribution of data from a system licensed pursuant to
this title, the Secretary shall report to the Congress the reasons for
such determination, the limitations imposed on the licensee, and the
period during which such limitations apply.
``(b) Termination, Modification, or Suspension.--Within 30 days
after any action by the Secretary to seek an order of injunction or
other judicial determination pursuant to section 203(a)(2), the
Secretary shall notify the Congress of such action and provide the
reasons for such action.'';
(16) in section 302--
(A) by striking ``(a) General Rule.--'';
(B) by striking subsection (b); and
(17) in section 507, by striking subsection (a) and
subsection (b)(1) and inserting in lieu thereof the following:
``(a) Responsibility of Secretary of Defense.--The Secretary shall
consult with the Secretary of Defense on all matters under this Act
affecting national security. The Secretary of Defense shall be
responsible for determining those conditions, consistent with this Act,
necessary to meet national security concerns of the United States and
for notifying the Secretary promptly of such conditions. Within 60 days
after receiving a request from the Secretary, the Secretary of Defense
shall recommend any conditions for a license issued under title II,
consistent with this Act, that the Secretary of Defense determines are
needed to protect the national security of the United States. If no
such recommendations have been received by the Secretary within such
60-day period, the Secretary may deem activities proposed in the
license application to be consistent with the protection of the
national security of the United States.
``(b) Responsibility of Secretary of State.--
``(1) The Secretary shall consult with the Secretary of
State on all matters under this Act affecting international
obligations of the United States. The Secretary of State shall
be responsible for determining those conditions, consistent
with this Act, necessary to meet international obligations and
policies of the United States and for notifying the Secretary
promptly of such conditions. Within 60 days after receiving a
request from the Secretary, the Secretary of State shall
recommend any conditions for a license issued under title II,
consistent with this Act, that the Secretary of State
determines are needed to meet existing international
obligations of the United States. If no such recommendations
have been received by the Secretary within such 60-day period,
the Secretary may deem activities proposed in the license
application to be consistent with existing international
obligations of the United States.''. | Landsat Amendments Act of 1995 - Amends the Land Remote Sensing Policy Act of 1992 with respect to management and licensing of commercial remote sensing satellites. | {"src": "billsum_train", "title": "Landsat Amendments Act of 1995"} | 1,410 | 38 | 0.537618 | 1.354419 | 0.58369 | 3.703704 | 48.703704 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Loan Revitalization
Act''.
SEC. 2. COMBINATION FINANCING.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(31) Combination financing.--
``(A) Definitions.--In this paragraph--
``(i) the term `combination financing'
means financing comprised of a loan guaranteed
under this subsection and a commercial loan;
and
``(ii) the term `commercial loan' means a
loan of which no portion is guaranteed by the
Federal government.
``(B) Application.--A loan guarantee under this
subsection on behalf of a small business concern, which
is approved within 120 days of the date on which a
commercial loan is obtained by the same small business
concern, shall be subject to the provisions of this
paragraph.
``(C) Commercial loan amount.--A small business
concern shall not be eligible to receive combination
financing under this paragraph unless the commercial
loan obtained by the small business concern does not
exceed $2,000,000.
``(D) Commercial loan provisions.--The commercial
loan obtained by the small business concern--
``(i) may be made by the participating
lender that is providing financing under this
subsection or by a different lender;
``(ii) may be secured by a senior lien; and
``(iii) may be made by a lender in the
Preferred Lenders Program, if applicable.
``(E) Commercial loan fee.--A one-time fee in an
amount equal to 0.5 percent of the amount of the
commercial loan shall be paid by the lender to the
Administration if the commercial loan has a senior
credit position to that of the loan guaranteed under
this subsection. All proceeds from the loan guaranteed
under this subsection shall be used to offset the cost
(as defined in section 502 of the Credit Reform Act of
1990) to the Administration of guaranteeing loans under
this subsection.
``(F) Deferred participation loan eligibility.--
``(i) Maximum amount.--A small business
concern may not receive combination financing
under this paragraph in an amount greater than
$4,000,000.
``(ii) Net amount.--The net amount of the
deferred participation share shall not exceed
the maximum amount of a net guarantee provided
under paragraph (3)(A).
``(G) Deferred participation loan security.--A loan
guaranteed under this subsection may be secured by a
subordinated lien.
``(H) Availability.--Combination financing shall be
available under this paragraph notwithstanding any
maximum limitation on loans imposed by the
Administration.''.
(b) Sunset Date.--The amendment made by subsection (a) shall take
effect on the first day after the date of enactment of this Act and is
repealed on October 1, 2004.
SEC. 3. LOAN GUARANTEE FEES.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (18)(B), by adding at the end the
following: ``This subparagraph shall not apply to any loan
approved during the period beginning on the first day after the
date of enactment of paragraph (23)(A)(iii) and ending on
September 30, 2004.''; and
(2) in paragraph (23), by amending subparagraph (A) to read
as follows:
``(A) Percentage.--
``(i) In general.--With respect to each
loan guaranteed under this subsection, the
Administrator shall, in accordance with such
terms and procedures as the Administrator shall
establish by regulation, assess and collect an
annual fee in an amount equal to 0.5 percent of
the outstanding balance of the deferred
participation share of the loan.
``(ii) First temporary percentage.--With
respect to loans approved during the period
beginning on October 1, 2002 and ending on the
date of enactment of this clause, the annual
fee assessed and collected under clause (i)
shall be equal to 0.25 percent of the
outstanding balance of the deferred
participation share of the loan.
``(iii) Second temporary percentage.--
During the period beginning on the first day
after the date of enactment of this clause and
ending on September 30, 2004, the annual fee
assessed and collected under clause (i) shall
be equal to 0.35 percent of the outstanding
balance of the deferred participation share of
the loan.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day after the date of enactment of this Act
and are repealed on October 1, 2004.
SEC. 4. RECONSIDERATION OF LOAN APPLICATIONS REJECTED BASED ON LOAN
AMOUNT.
(a) Consideration of Loan Application Submitted Before January 8,
2004.--Beginning on the first day after the date of enactment of this
Act, the Small Business Administration shall reconsider any application
submitted on or after December 23, 2003 and before January 8, 2004,
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) that
was rejected based on the loan amount requested before considering any
other application if the applicant is otherwise eligible for financial
assistance under that section.
(b) Export Working Capital.--Any small business that received
financing under section 7(a)(14) of the Small Business Act (15 U.S.C.
636(a)(14)) before January 1, 2004, and requests a renewal of such
financing, shall have their request approved regardless of the size of
such financing (subject to the limitations in section 7(a)(3) of such
Act) if the small business is otherwise eligible for such financing
under that section.
(c) Maximum Loan Amount.--Ten days after the date of enactment of
this Act, the Small Business Administration shall allow loans under
section 7 of the Small Business Act (15 U.S.C. 636) up to the maximum
amount permitted under the Small Business Act. | Small Business Loan Revitalization Act - Amends the Small Business Act (the Act) to provide requirements for the making of a Small Business Administration (SBA) guaranteed loan to a small business within 120 days after a commercial loan is obtained by that small business. Makes such small business ineligible for the SBA loan unless the commercial loan does not exceed $2 million.
Allows the commercial loan to be: (1) made by the lender providing the guaranteed financing or by a different lender; (2) secured by a senior lien; and (3) made by a lender in the Preferred Lenders Program. Requires a fee to be paid by the lender to the SBA if the commercial loan has a senior credit position to that of the guaranteed loan.
Prohibits a small business from receiving combination financing (an SBA-guaranteed loan and a commercial loan) in an amount greater than $4 million.
Makes current SBA-guaranteed loan fees inapplicable to loans approved from the day after enactment of this Act until September 30, 2004. Applies a loan fee with respect to loans approved during the period beginning on: (1) October 1, 2002, and ending on the date of enactment of this Act of 0.25 percent of the outstanding balance of the deferred participation share of the loan; and (2) the first day after the enactment of this Act and ending on September 30, 2004, of 0.35 percent of such outstanding balance.
Directs the SBA to reconsider, before considering any other application, any application submitted on or after December 23, 2003, and before January 8, 2004, for an SBA loan guarantee that was rejected based on the loan amount requested if the applicant is otherwise eligible for financial assistance under the Act. Requires any small business that received SBA export working capital financing before January 1, 2004, and requests a financing renewal to have their request approved regardless of the size of such financing, if the small business is otherwise eligible for such financing.
Directs the SBA, ten days after the enactment of this Act, to allow general small business start-up loans up to the maximum amount permitted under the Act. | {"src": "billsum_train", "title": "A bill to improve small business loan programs, and for other purposes."} | 1,388 | 468 | 0.656919 | 1.963814 | 0.801998 | 3.725301 | 2.939759 | 0.920482 |
SECTION 1. DEFINITIONS.
For the purpose of this Act--
(1) ``enrollee'' means an individual enrolled in a health
benefits plan; and
(2) ``health benefits plan'', ``employee'', ``annuitant'',
``carrier'', and ``family member'' each has the meaning given
that term under chapter 89 of title 5, United States Code.
SEC. 2. PURPOSE OF THE DEMONSTRATION PROJECT.
The Office of Personnel Management shall, during calendar years
1994 and 1995, conduct a demonstration project to provide a basis for
determining the feasibility and desirability of including certain
benefits relating to the treatment of drug abuse and alcohol abuse
among the types of benefits generally provided for under chapter 89 of
title 5, United States Code (relating to health insurance for Federal
employees).
SEC. 3. SCOPE OF THE PROJECT.
(a) Plans and Enrollees.--The demonstration project--
(1) shall involve--
(A) the service benefit plan under section 8903(1)
of title 5, United States Code;
(B) the indemnity benefit plan under section
8903(2) of title 5, United States Code (if any);
(C) the 2 employee organization plans under section
8903(3) of title 5, United States Code, with the
largest number of enrollments, as determined by the
Office of Personnel Management; and
(D) 1 or more of the comprehensive medical plans
operated by the carrier operating the 2 comprehensive
medical plans under section 8903(4) of title 5, United
States Code, with the largest number of enrollments, as
determined by the Office; and
(2) shall cover a sufficient number of enrollees and family
members to provide an adequate basis on which to make any
determination referred to in section 2.
(b) Areas to be Covered.--The demonstration project shall--
(1) to the extent that it involves the plans under
subparagraphs (A) through (C) of subsection (a)(1), be
conducted within at least 1, and not more than 4, standard
metropolitan statistical areas, as determined by the Office;
and
(2) to the extent that it involves the carrier referred to
in subparagraph (D) of subsection (a)(1), be conducted within
the standard metropolitan statistical area that includes
Portland, Oregon.
A standard metropolitan statistical area may not be selected for
inclusion under paragraph (1) unless such area is one within which not
less than 10,000, and not more than 25,000, employees and annuitants
reside.
SEC. 4. BENEFITS.
Under the demonstration project, any contract under chapter 89 of
title 5, United States Code, between the Office of Personnel Management
and the carrier offering a plan described in section 3(a)(1)--
(1) shall, to the extent that such contract relates to
individuals covered by the demonstration project, include
benefits relating to--
(A) inpatient detoxification;
(B) patient assessment;
(C) outpatient therapy, including, wherever
appropriate, worksite-based evening and weekend
treatment programs, individual therapy, and group
therapy;
(D) inpatient therapy;
(E) follow-up patient counselling; and
(F) counselling for family members of the
individual having the abuse problem; and
(2) may, to the extent that such contract relates to
individuals covered by the demonstration project, include
benefits for related support services, including child care or
other dependent care.
SEC. 5. CONSULTATION.
The Office of Personnel Management shall consult with appropriate
representatives of carriers, labor organizations representing
Government employees, and agency heads with regard to--
(1) the determinations required under section 3(b)(1);
(2) any maximums, limitations, exclusions, or other terms
or conditions relating to the benefits described in section 4;
and
(3) any other matter relating to the design, conduct, or
evaluation of the demonstration project which the Office
considers appropriate.
SEC. 6. COORDINATION WITH OTHER GOVERNMENT PROGRAMS.
The Office of Personnel Management shall coordinate the
demonstration project with any activities carried out under--
(1) section 7904 of title 5, United States Code, relating
to employee assistance programs offered by Executive agencies
with respect to drug abuse and alcohol abuse;
(2) subchapter VI of chapter 73 of title 5, United States
Code, relating to programs and services for drug abuse and
alcohol abuse;
(3) section 6003 of the Anti-Drug Abuse Act of 1986 (5
U.S.C. 7361 note), relating to an educational program for
Federal employees with respect to drug abuse and alcohol abuse;
and
(4) other related programs.
SEC. 7. EVALUATION AND REPORTING REQUIREMENTS.
(a) Periodic Evaluations.--The Office of Personnel Management shall
by contract provide for the periodic evaluation of the demonstration
project with respect to--
(1) cost and efficacy;
(2) effects on employee productivity; and
(3) the feasibility and desirability of offering the
benefits provided under the demonstration project on a general
basis under chapter 89 of title 5, United States Code.
The authority to enter into a contract under this subsection may be
exercised only to such extent or in such amounts as are provided in
appropriation Acts.
(b) Reporting Requirements.--(1) The Office shall--
(A) not later than March 15, 1996, submit an interim report
to the Committee on Post Office and Civil Service of the House
of Representatives and the Committee on Governmental Affairs of
the Senate on the demonstration project; and
(B) not later than April 1, 1997, submit to each of the
committees referred to in subparagraph (A) a final report on
the project.
(2) Each report submitted under paragraph (1) shall include a copy
of the most recent evaluation received by the Office under subsection
(a).
SEC. 8. FUNDING.
(a) Individual and Government Contributions.--Notwithstanding any
other provision of law, individual contributions and Government
contributions under section 8906 of title 5, United States Code, shall
be determined as if the preceding provisions of this Act had not been
enacted.
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this Act
(including any additional administrative costs). | Directs the Office of Personnel Management to conduct a demonstration project on the feasibility and desirability of including benefits relating to drug and alcohol abuse treatment among the benefits provided under Federal employee health benefit plans. Requires that certain numbers of standard metropolitan statistical areas meeting stated criteria be covered, including the area containing Portland, Oregon. Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for a demonstration project relating to treatment for drug abuse and alcohol abuse under the health benefits program for Federal employees."} | 1,346 | 79 | 0.549456 | 1.459412 | 0.649218 | 2.276923 | 19.923077 | 0.830769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Dependent Care Affordability
Act of 1997''.
SEC. 2. REFUNDABLE FAMILY CARE CREDIT AND INCREASE OF CERTAIN
LIMITATIONS APPLICABLE TO CREDIT.
(a) Refundable Credit and Increase of Amount of Employment-Related
Expenses Taken Into Account and Amount at Which Phase-Down of
Percentage Begins.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 34 the following new section:
``SEC. 34A. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES
NECESSARY FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
maintains a household which includes as a member one or more
qualifying individuals (as defined in subsection (b)(1)), there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 30
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$20,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer who is under the
age of 13 and with respect to whom the taxpayer is
entitled to a deduction under section 151(c),
``(B) a dependent of the taxpayer who is physically
or mentally incapable of caring for himself, or
``(C) the spouse of the taxpayer, if he is
physically or mentally incapable of caring for himself.
``(2) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $3,600 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $5,400 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the employment-related expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed--
``(A) in the case of an individual who is not
married at the close of such year, such individual's
earned income for such year, or
``(B) in the case of an individual who is married
at the close of such year, the lesser of such
individual's earned income or the earned income of his
spouse for such year.
``(2) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualifying individual described in subsection
(b)(1)(C), for purposes of paragraph (1), such spouse shall be
deemed for each month during which such spouse is a full-time
student at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned income
of not less than--
``(A) $200 if subsection (c)(1) applies for the
taxable year, or
``(B) $400 if subsection (c)(2) applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(e) Special Rules.--For purposes of this section--
``(1) Maintaining household.--An individual shall be
treated as maintaining a household for any period only if over
half the cost of maintaining the household for such period is
furnished by such individual (or, if such individual is married
during such period, is furnished by such individual and his
spouse).
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) paragraph (2) or (4) of section 152(e)
applies to any child with respect to any calendar year,
and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
described in subparagraph (A) or (B) of subsection (b)(1)
(whichever is appropriate) with respect to the custodial parent
(within the meaning of section 152(e)(1)), and shall not be
treated as a qualifying individual with respect to the
noncustodial parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 151(c)(3)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(f) Inapplicability if Adjusted Gross Income Over $50,000
($80,000 for Joint Returns).--No credit shall be allowed under
subsection (a) if the taxpayer's adjusted gross income for the taxable
year exceeds $50,000 ($80,000 in the case of a joint return).
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''
(b) Conforming Amendments.--
(1) Repeal of section 21.--Subpart A of part IV of
subchapter A chapter 1 of such Code (relating to nonrefundable
personal credits) is amended by striking section 21.
(2) Additional conforming amendments.--Each of the
following provisions of such Code is amended by striking
``section 21'' and inserting ``section 34A'':
(A) Section 129(a)(2)(C).
(B) Section 129(b)(2).
(C) Section 129(e)(1).
(D) Section 213(e).
(c) Clerical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 34 the following new item:
``Sec. 34A. Expenses for household and
dependent care services
necessary for gainful
employment.''
(2) The table of sections for subpart A of part IV of
subchapter A chapter 1 of such Code is amended by striking the
item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Family Dependent Care Affordability Act of 1997 - Amends the Internal Revenue Code to increase the dependent care credit and make it refundable. | {"src": "billsum_train", "title": "Family Dependent Care Affordability Act of 1997"} | 2,641 | 33 | 0.487624 | 1.058613 | 0.724166 | 2.333333 | 99.625 | 0.916667 |
TITLE I--LEWIS AND CLARK RURAL WATER SYSTEM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Lewis and Clark Rural Water System
Act of 2000''.
SEC. 102. DEFINITIONS.
In this title:
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Level Evaluation of a
Missouri River Regional Water Supply for South Dakota, Iowa and
Minnesota'', dated September 1993, that includes a water
conservation plan, environmental report, and environmental
enhancement component.
(2) Incremental cost.--The term ``incremental cost'' means
the cost of the savings to the project were the City of Sioux
Falls not to participate in the water supply system.
(3) Member entity.--The term ``member entity'' means a
rural water system or municipality that meets the requirements
for membership as defined by the Lewis and Clark Rural Water
System, Inc. bylaws, dated September 6, 1990.
(4) Project construction budget.--The term ``project
construction budget'' means the description of the total amount
of funds needed for the construction of the water supply
project, as contained in the feasibility study.
(5) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are necessary for the operation of
intake facilities, pumping stations, water treatment
facilities, reservoirs, and pipelines up to the point of
delivery of water by the water supply system to each member
entity that distributes water at retail to individual users.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Water supply project.--
(A) In general.--The term ``water supply project''
means the physical components of the Lewis and Clark
Rural Water Project.
(B) Inclusions.--The term ``water supply project''
includes--
(i) necessary pumping, treatment, and
distribution facilities;
(ii) pipelines;
(iii) appurtenant buildings and property
rights;
(iv) electrical power transmission and
distribution facilities necessary for services
to water systems facilities; and
(v) such other pipelines, pumping plants,
and facilities as the Secretary considers
necessary and appropriate to meet the water
supply, economic, public health, and
environment needs of the member entities
(including water storage tanks, water lines,
and other facilities for the member entities).
(8) Water supply system.--The term ``water supply system''
means the Lewis and Clark Rural Water System, Inc., a nonprofit
corporation established and operated substantially in
accordance with the feasibility study.
SEC. 103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the water
supply system for the planning and construction of the water supply
project.
(b) Service Area.--The water supply system shall provide for the
member entities safe and adequate municipal, rural, and industrial
water supplies, mitigation of wetland areas, and water conservation
in--
(1) Lake County, McCook County, Minnehaha County, Turner
County, Lincoln County, Clay County, and Union County, in
southeastern South Dakota;
(2) Rock County and Nobles County, in southwestern
Minnesota; and
(3) Lyon County, Sioux County, Osceola County, O'Brien
County, Dickinson County, and Clay County, in northwestern
Iowa.
(c) Amount of Grants.--Grants made available under subsection (a)
to the water supply system shall not exceed the amount of funds
authorized under section 108.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply project until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met; and
(2) a final engineering report and a plan for a water
conservation program are prepared and submitted to the Congress
not less than 90 days before the commencement of construction
of the water supply project.
SEC. 104. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a result of the
construction and operation of the water supply project shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 105. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri Basin program, the Western
Area Power Administration shall make available, at the firm power rate,
the capacity and energy required to meet the pumping and incidental
operational requirements of the water supply project during the period
beginning on May 1 and ending on October 31 of each year.
(b) Qualification To Use Pick-Sloan Power.--For operation during
the period beginning May 1 and ending October 31 of each year, for as
long as the water supply system operates on a not-for-profit basis, the
portions of the water supply project constructed with assistance under
this title shall be eligible to receive firm power from the Pick-Sloan
Missouri Basin program established by section 9 of the Act of December
22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood
Control Act of 1944.
SEC. 106. NO LIMITATION ON WATER PROJECTS IN STATES.
This title does not limit the authorization for water projects in
the States of South Dakota, Iowa, and Minnesota under law in effect on
or after the date of the enactment of this Act.
SEC. 107. WATER RIGHTS.
Nothing in this title--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, governing water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. 108. COST SHARING.
(a) Federal Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide funds equal to 80 percent of--
(A) the amount allocated in the total project
construction budget for planning and construction of
the water supply project under section 103; and
(B) such amounts as are necessary to defray
increases in development costs reflected in appropriate
engineering cost indices after September 1, 1993.
(2) Sioux falls.--The Secretary shall provide funds for the
City of Sioux Falls, South Dakota, in an amount equal to 50
percent of the incremental cost to the city of participation in
the project.
(b) Non-Federal Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs allocated to the water supply
system shall be 20 percent of the amounts described in
subsection (a)(1).
(2) Sioux falls.--The non-Federal cost-share for the City
of Sioux Falls, South Dakota, shall be 50 percent of the
incremental cost to the city of participation in the project.
SEC. 109. BUREAU OF RECLAMATION.
(a) Authorization.--At the request of the water supply system, the
Secretary may allow the Commissioner of Reclamation to provide project
construction oversight to the water supply project for the service area
of the water supply system described in section 103(b).
(b) Project Oversight Administration.--The amount of funds used by
the Commissioner of Reclamation for oversight described in subsection
(a) shall not exceed the amount that is equal to 1 percent of the
amount provided in the total project construction budget for the entire
project construction period.
SEC. 110. PROJECT OWNERSHIP AND RESPONSIBILITY.
The water supply system shall retain title to all project
facilities during and after construction, and shall be responsible for
all operation, maintenance, repair, and rehabilitation costs of the
project.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$213,887,700, to remain available until expended.
TITLE II--SLY PARK UNIT CONVEYANCE
SEC. 201. DEFINITIONS.
For the purpose of this title, the term--
(1) ``Secretary'' means the Secretary of the Interior;
(2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir,
Camp Creek Diversion Dam and Tunnel, and conduits and canals as
authorized under the American River Act of October 14, 1949 (63
Stat. 853), including those used to convey, treat, and store
water delivered from Sly Park, as well as all recreation
facilities thereto; and
(3) ``District'' means the El Dorado Irrigation District.
SEC. 202. TRANSFER OF SLY PARK UNIT.
(a) In General.--The Secretary shall, as soon as practicable after
date of the enactment of this Act and in accordance with all applicable
law, transfer all right, title, and interest in and to the Sly Park
Unit to the District.
(b) Sale Price.--The Secretary is authorized to receive from the
District $2,000,000 to relieve payment obligations and extinguish the
debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve
payment obligations and extinguish all debts associated with contracts
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the
District shall continue to make payments required by section 3407(c) of
Public Law 102-575 through year 2029.
(c) Credit Revenue to Project Repayment.--Upon payment authorized
under subsection (b), the amount paid shall be credited toward
repayment of capital costs of the Central Valley Project in an amount
equal to the associated undiscounted obligation.
SEC. 203. FUTURE BENEFITS.
Upon payment, the Sly Park Unit shall no longer be a Federal
reclamation project or a unit of the Central Valley Project, and the
District shall not be entitled to receive any further reclamation
benefits.
SEC. 204. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Sly Park Unit under this title, the United States
shall not be liable for damages of any kind arising out of any act,
omission, or occurrence based on its prior ownership or operation of
the conveyed property.
TITLE III--TREATMENT OF PROJECT COSTS FOR SLY PARK UNIT
SEC. 301. TREATMENT OF PROJECT COSTS.
To the extent costs associated with the Sly Park Unit are included
as a reimbursable cost of the Central Valley Project, the Secretary is
authorized to exclude such costs in excess of those repaid by the Sly
Park Unit beneficiaries from the pooled reimbursable costs of the
Central Valley Project until such time as the facility is operationally
integrated into the water supply yield of the Central Valley Project.
TITLE IV--CITY OF ROSEVILLE PUMPING PLANT FACILITIES
SEC. 401. CREDIT FOR INSTALLATION OF ADDITIONAL PUMPING PLANT
FACILITIES IN ACCORDANCE WITH AGREEMENT.
(a) In General.--The Secretary of the Interior shall credit an
amount up to $1,164,600, the precise amount to be determined by the
Secretary through a cost allocation, to the unpaid capital obligation
of the City of Roseville, California (in this section referred to as
the ``City''), as such obligation is calculated in accordance with
applicable Federal reclamation law and Central Valley Project rate
setting policy, in recognition of future benefits to be accrued by the
United States as a result of the City's purchase and funding of the
installation of additional pumping plant facilities in accordance with
a letter of agreement with the United States numbered 5-07-20-X0331 and
dated January 26, 1995. The Secretary shall simultaneously add an
equivalent amount of costs to the capital costs of the Central Valley
Project, and such added costs shall be reimbursed in accordance with
reclamation law and policy.
(b) Effective Date.--The credit under subsection (a) shall take
effect upon the date on which--
(1) the City and the Secretary of the Interior have agreed
that the installation of the facilities referred to in
subsection (a) has been completed in accordance with the terms
and conditions of the letter of agreement referred to in
subsection (a); and
(2) the Secretary of the Interior has issued a
determination that such facilities are fully operative as
intended.
Passed the House of Representatives May 23, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 104) Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction.(Sec. 105) Requires the Western Area Power Administration to make available, at the firm power rate, the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program. Makes the portions of the water supply project constructed with assistance under this title eligible to receive firm power from the program for operation during such period of each year, for as long as the water supply system operates on a not-for-profit basis.(Sec. 106) Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the project.(Sec. 109) Authorizes the Secretary, at the request of the water supply system, to allow the Bureau of Reclamation to provide project construction oversight to the water supply project.(Sec. 110) Specifies that the water supply system shall retain title to all project facilities during and after construction and shall be responsible for all operation, maintenance, repair, and rehabilitation costs.(Sec. 111) Authorizes appropriations.Title II: Sly Park Unit Conveyance - Directs the Secretary of the Interior to convey the Sly Park Dam and Reservoir, the Camp Creek Diversion Dam and Tunnel, and conduits and canals as authorized under the American River Act (Sly Park Unit) to the El Dorado Irrigation District, California.Authorizes the Secretary to receive specified amounts from the District to relieve payment obligations and extinguish debts associated with specified contracts. Provides that upon such payment: (1) the amounts paid shall be credited toward repayment of capital costs of the Central Valley Project in an amount equal to the associated undiscounted obligation; and (2) the Unit shall no longer be a Federal reclamation project or a unit of the Central Valley Project and the District shall not be entitled to receive any further reclamation benefits.Title III: Treatment of Project Costs for Sly Park Unit - Authorizes the Secretary, to the extent costs associated with the Sly Park Unit are included as a reimbursable cost of the Central Valley Project, to exclude such costs in excess of those repaid by Unit beneficiaries from the pooled reimbursable costs of the Project until such time as the facility is operationally integrated into the water supply yield of the Project.Title IV: City of Roseville Pumping Plant Facilities - Directs the Secretary to credit up to a specified amount to the unpaid capital obligation of the city of Roseville, California, as such obligation is calculated in accordance with applicable Federal reclamation law and Central Valley Project rate setting policy, in recognition of future benefits to be accrued by the United States as a result of the city's purchase and funding of the installation of additional pumping plant facilities in accordance with a specified letter of agreement with the United States. Requires: (1) the Secretary to simultaneously add an equivalent amount of costs to the capital costs of the Central Valley Project; and (2) such added costs to be reimbursed in accordance with reclamation law and policy. Provides for the credited amount to take effect upon the date on which: (1) the city and the Secretary have agreed that the installation of the facilities has been completed in accordance with the terms and conditions of the letter of agreement; and (2) the Secretary has issued a determination that such facilities are fully operative as intended. | {"src": "billsum_train", "title": "Lewis and Clark Rural Water System Act of 2000"} | 2,972 | 888 | 0.540983 | 1.824265 | 0.653045 | 6.49396 | 3.503356 | 0.963758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Police Training Commission
Act of 1999''.
SEC. 2. ESTABLISHMENT.
There is established, subject to the availability of
appropriations, a commission to be known as the ``National Police
Training Commission'' (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 5
members appointed as follows:
(1) The majority and minority leaders of the Senate shall
each appoint 1 member.
(2) The Speaker of the House of Representatives and the
minority leader of the House shall each appoint 1 member.
(3) The 4 members appointed under paragraphs (1) and (2)
shall then select 1 member.
(b) Eligibility and Qualifications.--
(1) Eligibility.--The members of the Commission shall be
individuals who have knowledge or expertise, whether by
experience or training, in matters to be studied by the
Commission under this Act. The members may be from the public
or private sector, and may include Federal, State, or local
officers or employees (other than those holding elective
office), members of academia, non-profit organizations, or
other interested individuals.
(2) Qualifications.--The members of the Commission shall be
individuals who possess relevant backgrounds, credentials, and
experience in some or all of the following:
(A) Civil and criminal litigation.
(B) Administrative and management functions of law
enforcement in major cities and smaller communities.
(C) Community relations.
(c) Term.--Each member shall be appointed for the life of the
Commission.
(d) Length of Commission.--The Commission shall cease to exist 1
year after the initial appointment of the 4 members described in
paragraphs (1) and (2) of subsection (a). The initial appointment of
the 4 members so described shall not take effect until the later of
October 1, 1999 or the date on which appropriations are made available
for the expenses of the Commission.
(e) Vacancies.--Except as otherwise provided in this subsection, a
vacancy in the Commission shall be filled in the manner in which the
original appointment was made, and shall not affect the power of the
remaining members to execute the duties of the Commission. If any of
the original appointments are not made by the day that is 30 days after
the date of the enactment of this Act, any members already appointed
shall fill any vacancy existing on that date.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson.
(g) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
SEC. 4. FUNCTIONS.
(a) Study.--The Commission shall conduct a study of the
effectiveness of training, recruiting, hiring, oversight, and funding
policies and practices in law enforcement, including the following:
(1) Training: policies, practices, and organizational
strategies of law enforcement, and training and instruction in
the use of force, the use of non lethal force, tactical and
defensive tactical; arrests, searches and handcuffing; verbal
communication; vehicle use; initial and continuing cultural
diversity training; community relations and sensitivity
training of law enforcement vis a vis the community and the
community vis a vis law enforcement.
(2) Recruitment and Hiring: policies and practices in
hiring and recruiting law enforcement officers and identifying
and setting standards for hiring regarding educational and
psychological backgrounds; diversity; lengths of probationary
periods.
(3) Oversight: complaint procedures regarding police
officers, including screening, organization, and training of
investigatory staff; the availability and fairness of due
process requirements for members of the public and law
enforcement officers, and obstacles to ensuring objective and
timely investigations; discrimination and harassment, including
the relationship between police and prosecutors; perjury,
including the ``code of silence''.
(4) Funding: the effectiveness of the use of funding for
programs relating to matters described in paragraphs (1)
through (3) of this subsection, whether derived from the
Violent Crime Control and Law Enforcement Act of 1994 or
otherwise, by cities listed in section 210501 of such Act.''.
(b) Report.--Not later than 1 year after the initial appointment of
the 4 members described in paragraphs (1) and (2) of section 3(a), the
Commission shall submit a report to Congress of the results of its
study, including any recommendations the Commission may make with
regard to the matters studied including best practices.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out its duties under section 4.
Upon the request of the Commission, the head of such department or
agency may furnish such information to the Commission.
(b) Service Not Compensated.--Each member of the Commission shall
serve without compensation, and members who are officers or employees
of the United States shall serve without compensation in addition to
that received for their services as officers or employees of the United
States.
(c) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(d) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Chairman may fix the compensation of
other personnel without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Meetings.--The Commission shall meet at the call of the
Chairman.
(g) Quorum; Voting; Rules.--Two members of the Commission shall
constitute a quorum to conduct business. Each member of the Commission
shall have one vote, and the vote of each member shall be accorded the
same weight. The Commission may establish by vote of a majority of its
members any other rules for the conduct of the Commission's business,
if such rules are not inconsistent with this Act or other applicable
law.
(h) Use of Information Acquired by the Commission.--Information
acquired by the Commission for its study shall be used only for
research, statistical, and reporting purposes.
(i) Information to be Kept Confidential.--Information the
Commission determines is confidential, including the identity of law
enforcement officers and members of the public, shall not be disclosed
to the public, nor made a part of any public findings, nor made a part
of any report published by the Commission.
(j) Applicability of Federal Tort Claims Provisions.--For purposes
of sections 1346(b) and 2401(b) and chapter 171 of title 28, United
States Code, the Commission is a Federal agency and each of the members
and personnel of the Commission is an employee of the Government. This
subsection shall not be construed to imply that any commission is not a
Federal agency or that any of the members or personnel of a commission
is not an employee of the Government for purposes of sections 1346(b)
and 2401(b) and chapter 171 of title 28, United States Code.
(k) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section 4.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
The per diem and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
SEC. 6. TRAINING.
Section 210501 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended--
(1) in subsection (b)(1)(A), by inserting ``, and provide,
under paragraph (4), training, recruitment, hiring, and
oversight assistance'' before the semicolon; and
(2) in subsection (b), by adding at the end the following:
``(4) The training, recruitment, hiring, and oversight
assistance under paragraph (1)(A) shall be given to the
following cities: New York, New York, Chicago, Illinois, Los
Angeles, California, Washington, District of Columbia, and
Charlotte, North Carolina, and to one police department from
each of the 4 geographical regions of the country (northeast,
south, midwest, and west) 2 of which have less than 100 police
officers and 2 of which have less than 300 police officers, as
determined by the National Police Training Commission The
assistance may include funding for equipment, not to exceed 10
percent of the amount of the grant made to each city. The money
appropriated for such assistance shall be distributed to those
locations in proportion to the size of their police departments
and upon receipt of written assurances from the police
department that the department will provide access to its
operations to the Commission. There are authorized to be
appropriated for fiscal year 2000 for the purposes of such
assistance the sum of $3,000,000.''.
SEC. 7. DATA ON DEATHS WHILE IN CUSTODY.
Section 20101(b) of the Violent Crime Control and Law Enforcement
Act of 1994 is amended--
(1) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) assurances that the State will follow the guidelines
established by the Attorney General in reporting, on a
quarterly basis, information regarding death of any person who
is in the process of arrest, has been incarcerated or is en
route to be incarcerated at any municipal or county jail, State
prison, or other local or State correctional facility
(including any juvenile facility) that, at a minimum,
includes--
``(A) the name, gender, ethnicity, and age of the
deceased;
``(B) the date, time, and location of death; and
``(C) a brief description of the circumstances
surrounding the death.''. | (Sec. 6) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize appropriations for training, recruitment, hiring, and oversight assistance to New York, New York, Chicago, Illinois, Los Angeles, California, Washington, D.C., Charlotte, North Carolina, and to one police department from each of the four geographical regions of the country, two of which have less than 100 police officers and two of which have less than 300 police officers. Authorizes the assistance to include funding for equipment, not to exceed ten percent of the amount of the grant made to each city. Directs that money appropriated for such assistance be distributed to those cities in proportion to the size of their police departments and upon receipt of written assurances from the police department that the department will provide access to its operations to the Commission.
(Sec. 7) Amends VCCLEA to require a State or States organized as multi-State compacts, to be eligible to receive a Violent Offender Incarceration and Truth-in-Sentencing Incentive Grant, to include in the application assurances that the State will follow the guidelines established by the Attorney General in reporting, on a quarterly basis, specified data on deaths of persons in custody. | {"src": "billsum_train", "title": "National Police Training Commission Act of 1999"} | 2,482 | 278 | 0.378856 | 1.146719 | 0.443668 | 5.631356 | 10.135593 | 0.894068 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear River Migratory Bird Refuge
Settlement Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of the Interior and the State of Utah
have negotiated a preliminary agreement concerning the
ownership of lands within the Bear River Migratory Bird Refuge
located in Bear River Bay of the Great Salt Lake, Utah.
(2) The State is entitled to ownership of those sovereign
lands constituting the bed of the Great Salt Lake, and,
generally, the location of the sovereign lands boundary was set
by an official survey of the Great Salt Lake meander line.
(3) The establishment of the Refuge in 1928 along the shore
of the Great Salt Lake, and lack of a meander line survey
within the Refuge, has led to uncertainty of ownership of some
those sovereign lands.
(4) In order to settle the uncertainty concerning the
sovereign land boundary caused by the gap in the surveyed Great
Salt Lake meander line within the Refuge, the Secretary and the
State have agreed to the establishment of a fixed sovereign
land boundary along the southern boundary of the Refuge and the
State has agreed to release any claim to the lake bed above
such boundary line.
(5) The Secretary and the State have expressed their
intentions to establish a mutually agreed upon procedure to
address the conflicting claims to ownership of the lands and
interests in land within the Refuge.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge located in Bear River Bay of the Great
Salt Lake, Utah.
(3) Agreement.--The term ``agreement'' means the agreement
to be signed by the Secretary and the State to establish a
mutually agreeable procedure for addressing the conflicting
claims to ownership of the lands and interests in land within
the Refuge.
(4) State.--The term ``State'' means the State of Utah.
SEC. 4. REQUIRED TERMS OF LAND CLAIMS SETTLEMENT, BEAR RIVER MIGRATORY
BIRD REFUGE, UTAH.
(a) Specific Terms Required in Agreement.--The Secretary shall not
enter into an agreement with the State for the quitclaim or other
transfer of lands or interests in lands within the Refuge unless the
terms of the agreement include each of the following provisions:
(1) Nothing in the agreement shall be construed to impose
upon the State or any of agency of the State any obligation to
convey to the United States any interest in water owned or
controlled by the State, except upon appropriate terms and for
adequate consideration.
(2) Nothing in the agreement shall constitute admission or
denial of the United States claim to a Federal reserved water
right.
(3) The State shall support the United States application
to add an enlarged Hyrum Reservoir, or another storage
facility, as an alternate place of storage under the Refuge's
existing 1000 cubic feet per second State certified water
right. Such support shall be contingent upon demonstration by
the United States that no injury to water rights shall occur as
a result of the addition.
(4) Nothing in the agreement shall affect jurisdiction by
the State or the United States Fish and Wildlife Service over
wildlife resources management, including fishing, hunting and
trapping, within the Refuge.
(5) If the State elects to bring suit against the United
States challenging the validity of the deed issued pursuant to
the agreement, and if such suit is successful in invalidating
such deed, the State will--
(A) pay the United States for the fair market value
of all real property improvements on the property at
the time of invalidation, such as dikes, water control
structures and buildings;
(B) repay any amounts paid by the United States
because of ownership of the land by the United States
from the date of establishment of the Refuge, such as
payments in lieu of taxes; and
(C) repay any amounts paid to the State pursuant to
the agreement.
(6) Subject to the availability of funds for this purpose,
the Secretary shall agree to pay $15,000,000 to the State upon
delivery by the State of a quitclaim deed that meets all
applicable standards of the Department of Justice and covers
all lands and interests in lands claimed by the State within
the Refuge. Such payment shall be subject to the condition that
the State use the payment for the purposes, and in the amounts,
specified in subsections (b) and (c).
(b) Wetlands and Wildlife Protection Programs.--
(1) Deposit.--The State shall deposit $10,000,000 of the
amount paid pursuant to the agreement, as required by
subsection (a)(6), in a restricted account, known as the
Wetlands and Habitat Protection Account, to be used as provided
in paragraph (2).
(2) Authorized uses.--The Executive Director of the Utah
Department of Natural Resources may withdraw from the Wetlands
and Habitat Protection Account, on an annual basis, amounts
equal to the interest earned on the amount deposited under
paragraph (1) for the following purposes:
(A) Wetland or open space protection in and near
the Great Salt Lake.
(B) Enhancement and acquisition of wildlife habitat
in and near the Great Salt Lake.
(c) Recreational Trails and Streams Development and Expansion.--The
Utah Department of Natural Resources shall use $5,000,000 of the amount
paid pursuant to the agreement, as required by subsection (a)(6), for
the following purposes:
(1) Development, improvement, and expansion of motorized
and non-motorized recreational trails on public and private
lands in the State, with priority given to providing trail
access to the Great Salt Lake as part of the proposed Shoshone
and Ogden-Weber trail systems.
(2) Preservation, reclamation, enhancement, and
conservation of streams in the State.
(d) Coordination of Projects.--The Executive Director of the Utah
Department of Natural Resources shall seek to maximize the use of funds
under subsections (b) and (c) through coordination with nonprofit
organizations, Federal agencies, other agencies of the State, and local
governments, and shall give priority to those projects under such
subsections that include Federal, State, or private matching funds.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for the payment required by subsection (a)(6)
to be included as a term of the agreement. | Bear River Migratory Bird Refuge Settlement Act of 2002 - Prohibits the Secretary of the Interior from entering into an agreement with the State of Utah for the transfer of lands or interests in land within the Bear River Migratory Bird Refuge unless the agreement requires: (1) the State to support the U.S. application to add an enlarged Hyrum Reservoir or another storage facility as an alternate place of storage under the Refuge's existing 1000 cubic feet per second State certified water right, contingent upon demonstration by the United States that no injury to water rights shall occur; (2) the State, if it prevails in a suit against the United States challenging the validity of the deed issued pursuant to such agreement, to pay the United States for property improvements, such as water control structures and buildings, and to repay amounts paid to the State by the United States pursuant to the agreement or because of U.S. ownership of the land; and (3) the Secretary to agree to pay $15 million to the State upon delivery of a quitclaim deed that meets Justice Department standards and covers all lands and interests claimed by the State within the Refuge, subject to the condition that the State use such payment for the purposes and in the amounts specified below.Requires the State to deposit $10 million into the Wetlands and Habitat Protection Account.Authorizes the Executive Director of the Utah Department of Natural Resources to use the interest on such amount for wetland or open space protection and for enhancement and acquisition of wildlife habitat in and near the Great Salt Lake.Authorizes the use of $5 million for: (1) the development, improvement, and expansion of motorized and non-motorized recreational trails on public and private lands (with priority given to providing trail access to the Lake as part of the proposed Shoshone and Ogden-Weber trail systems); and (2) preservation, reclamation, enhancement, and conservation of streams.Requires the Executive Director to maximize the use of such funds through coordination with nonprofit organizations, Federal agencies, other agencies of the State, and local governments, giving priority to those projects that include Federal, State, or private matching funds.Authorizes appropriations for such payment. | {"src": "billsum_train", "title": "To provide a mechanism for the settlement of claims of the State of Utah regarding portions of the Bear River Migratory Bird Refuge located on the shore of the Great Salt Lake, Utah."} | 1,383 | 468 | 0.559507 | 1.950173 | 0.733864 | 5.048193 | 3.221687 | 0.951807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treaty of Greene Ville 200th
Anniversary Commemorative Coin Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The rapid westward expansion of the United States led
to warfare between white settlers and the Native Americans.
(2) During the early 1790s, British traders in the
Northwest Territory encouraged Native Americans to attack
frontier settlements.
(3) After twice defeating United States Army expeditions,
the Native Americans in the Northwest Territory were finally
defeated in 1794 by General Anthony Wayne at the Battle of
Fallen Timbers.
(4) On August 3, 1795, 1 year after General Wayne's defeat
of the Native Americans at Fallen Timbers, Ohio, General Wayne
and the chiefs of the Delaware, Shawnee, Wyandot, Miami
Confederacy, and other tribes negotiated the Treaty of Greene
Ville.
(5) In the Treaty, a definite boundary was established
between Indian lands and the lands open to settlement, and the
defeated tribes surrendered the southern two-thirds of what is
now the State of Ohio and the southern part of what is now the
State of Indiana and agreed to move west into the northern part
of what is now the State of Indiana.
(6) Because of the Treaty, the British were forced into
what is now Canada and their influence over the Native
Americans in the region was eliminated.
(7) The Treaty of Greene Ville provided for the start of
westward expansion in the United States.
(8) In historical importance, the events at Fort Greene
Ville rank next to the events at Bunker Hill, Yorktown,
Appomattox, and Gettysburg.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--To commemorate the 200th anniversary of
signing of the Treaty of Greene Ville at Fort Greene Ville in
Greenville, Ohio, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
1,000,000 $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 section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Treaty of Greene Ville.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1995''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Treaty of Greene Ville Bicentennial Commission, Incorporated,
and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 1995, and
ending on December 31, 1995.
SEC. 7. 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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $5 per
coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Treaty of Greene Ville Bicentennial Commission,
Incorporated, for the purpose of building a monument to commemorate the
200th Anniversary of the Treaty of Greene Ville.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Treaty of Greene Ville Bicentennial Commission,
Incorporated, as may be related to the expenditures of amounts paid
under subsection (a).
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Treaty of Greene Ville 200th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 200th anniversary of the signing of the Treaty of Greene Ville at Fort Greene Ville in Greenville, Ohio.
Mandates that all surcharges received from the coin sales be paid to the Treaty of Greene Ville Bicentennial Commission, Inc., to build a monument to commemorate the 200th anniversary of the Treaty. | {"src": "billsum_train", "title": "Treaty of Greene Ville 200th Anniversary Commemorative Coin Act"} | 1,590 | 108 | 0.527703 | 1.516912 | 1.113089 | 4.878049 | 17.109756 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Safety from Wildfire Act of
2003''.
SEC. 2. UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD
OF WILDFIRE FROM FORESTED PUBLIC LANDS.
(a) Imposition of Liability for Spread of Wildfire.--Title III of
the Federal Land Policy and Management Act of 1976 is amended by
inserting after section 318 (43 U.S.C. 1748) the following new section:
``sec. 319. liability for damages resulting from spread of wildfire
from public lands or national forest system lands.
``(a) Liability as Rule of Law.--Except as provided in subsections
(b), (c), and (d), and subject to the delayed effective date specified
in subsection (h), any injury to or loss of property that occurs on
non-Federal lands as a direct result of a fire that spread from
forested Federal lands onto the non-Federal lands, either directly or
by first spreading to other non-Federal lands, shall be deemed to be an
injury or loss of property caused by the negligent or wrongful act or
omission of an employee of the United States while acting within the
scope of the employee's office or employment for purposes of section
1346 and chapter 171 of title 28, United States Code (commonly known as
the `Federal Tort Claims Act').
``(b) Additional Requirement for Certain Non-Federal Lands.--The
owner or leasee of non-Federal lands damaged by the spread of wildfire
from forested Federal lands may not utilize the rule of law specified
in subsection (a) when the non-Federal lands exceed 6,400 acres and are
used for the commercial production of timber, unless the owner or
leasee proves that the damaged non-Federal lands were being managed to
achieve or maintain the forest health status known as condition class 1
immediately before the fire. In the event of a dispute between the
owner or leasee and the Secretary concerned regarding the status of the
non-Federal lands before the fire, the determination of the State
Forester of the State in which the lands are located shall control and
any expenses associated with State Foresters determination shall be
equally divided between the disputing parties.
``(c) Exclusion of Condition Class 1 Lands.--The rule of law
specified in subsection (a) shall not apply if the forested Federal
lands within the buffer zone adjacent to the Federal land boundary from
which the fire spread to non-Federal lands were managed as condition
class 1 immediately before the fire.
``(d) Exclusion of Other Federal Lands.--The rule of law specified
in subsection (a) shall not apply to the following Federal lands, even
though wildfire may originate on such lands and spread to adjacent non-
Federal lands:
``(1) A component of the National Wilderness Preservation
System.
``(2) Federal lands where, by Act of Congress, Presidential
proclamation, or land and resource management plan, the removal
of vegetation is prohibited.
``(3) Areas of Federal lands that comprise less than 6,400
acres and are not contiguous to other Federal lands.
``(e) Exception for O&C Lands.--The rule of law specified in
subsection (a) shall apply to National Forest System lands and Bureau
of Land Management lands administered under the authorities of the O&C
Sustained Yield Act of 1937 and that do not meet the acreage limitation
set forth in subsection (d)(3).
``(f) Report Regarding Status of Buffer Lands.--Not later than two
years after the date of the enactment of this section, the Secretary
concerned shall submit to Congress a report describing the forest
health status of all buffer zones with non-Federal lands and the extent
to which the buffer zones are in, or are being managed to achieve, the
forest health status known as condition class 1.
``(g) Definitions.--In this section:
``(1) The term `buffer zone' refers to those forested
Federal lands that are within a prescribed distance of a
Federal land boundary with non-Federal lands and comprise, or
are part of a larger area of Federal lands comprising, 6,400
acres or more. The Secretary shall prescribe the actual buffer
zone for a particular area of forested Federal lands based on
the geography, topography, and forest cover of the lands.
``(2) The term `condition class 1', with respect to an area
of forested Federal lands or non-Federal lands, means that the
lands are managed so that--
``(A) fire regimes on the lands are within
historical ranges;
``(B) vegetation composition and structure are
intact; and
``(C) the risk of losing key ecosystem components
from the occurrence of fire remains relatively low.
``(3) The term `forested Federal lands' means public lands
and National Forest System lands that contain trees as a
significant component of the lands.
``(4) The term `Secretary concerned' means the Secretary of
the Interior (or the designee of that Secretary) with respect
to public lands and the Secretary of Agriculture (or the
designee of that Secretary) with respect to National Forest
System lands.
``(h) Delayed Effective Date.--The rule of law specified in
subsection (a) shall take effect at the end of the eight-year period
beginning on the date of the enactment of this section and apply with
respect to fires that spread from Federal lands onto non-Federal lands
after the end of such period.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Federal Land Policy and Management Act of 1976 is amended by
inserting after the item relating to section 318 the following new
item:
``Sec. 319. Liability for damages resulting from spread of wildfire
from public lands or National Forest System
lands.''. | Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production (unless the nonfederal land was being managed to achieve or maintain condition class 1 health status immediately before the fire); (2) the Federal land is a component of the National Wilderness Preservation System; or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the O&C Sustained Yield Act of 1937 and that comprise less than 6,400 acres. | {"src": "billsum_train", "title": "A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1."} | 1,387 | 247 | 0.604331 | 1.877881 | 0.768371 | 3.333333 | 5.835749 | 0.879227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Development Loan Assistance
Demonstration Program Act of 1993''.
SEC. 2. ESTABLISHMENT AND SCOPE OF DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban Development
shall carry out a program to demonstrate the effectiveness of
encouraging economic development in enterprise zones by making grants
to community development corporations for reducing interest rates on
loans for economic development activities in the enterprise zones.
(b) Selection of Enterprise Zones.--
(1) Number.--The Secretary shall carry out the
demonstration program under this Act with respect to 5
enterprise zones, which the Secretary shall select not later
than the expiration of the 30-day period beginning on the date
the termination of the period referred to in section
701(a)(4)(B) of the Housing and Community Development Act of
1987.
(2) Diversity.--Of the enterprise zones selected under this
subsection, not less than 2 shall be located in rural areas (as
described in section 701(a)(2)(B) of the Housing and Community
Development Act of 1987) and not less than 2 shall be located
in metropolitan statistical areas (as designated by the
Director of the Office of Management and Budget). In selecting
the enterprise zones, the Secretary shall provide for national
geographic diversity among enterprise zones participating in
the demonstration program.
SEC. 3. GRANTS FOR ECONOMIC DEVELOPMENT LOAN ASSISTANCE.
(a) Authority.--Under the demonstration program under this Act, the
Secretary may make grants to any community development corporation
sponsored by a bank or thrift institution, by a nonbank economic
development corporation, or by residents of an enterprise zone selected
under section 2(b).
(b) Use.--Each community development corporation receiving a grant
under the demonstration program under this Act shall use the grant
amounts to assist businesses and nonprofit organizations by reducing
interest rates on loans for economic development activities carried out
in an enterprise zone selected under section 2(b).
(c) Other Requirements.--The Secretary shall require each community
development corporation receiving a grant under the demonstration
program under this Act to--
(1) use the grant amounts to reduce the interest rate on a
loan described in subsection (b) by an amount not to exceed 60
percent of the market rate of interest on such loan; and
(2) take any actions necessary to inform businesses and
nonprofit organizations of the availability of such loans,
including holding informational meetings, making public
announcements, and placing notices in newspapers and other
publications.
SEC. 4. MONITORING.
The Secretary shall monitor the use of grants made under this Act
and the costs of administering such grants.
SEC. 5. REPORTS AND STUDY.
(a) Annual Report.--The Secretary shall submit to the Congress, not
later than 1 year after the date that amounts to carry out this Act are
first made available under appropriations Acts and for each year
thereafter in which amounts are available to carry out the
demonstration program, a report containing an evaluation of the
effectiveness of grants made under the demonstration program.
(b) Study and Report on Expanded Program.--
(1) Study.--The Secretary shall conduct a study regarding
the effects and costs of carrying out a long-term and expanded
program of making grants for the purposes under this Act. The
study shall determine the need for such grants and the amount
of funds necessary to carry out an effective program of
national scope.
(2) Report.--The Secretary shall submit to the Congress,
not later than September 31, 1996, a report regarding the
results of the study under paragraph (1) and any
recommendations for carrying out a program as described in
paragraph (1).
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Economic development activities.--The term ``economic
development activities'' means the construction and
rehabilitation of housing, downtown and neighborhood commercial
revitalization, industrial development and redevelopment, small
and minority business assistance, neighborhood marketing,
training, and technical assistance, research and planning for
nonprofit development groups, and other activities which create
permanent private sector jobs.
(2) Enterprise zone.--The term ``enterprise zone'' means an
area that is designated as an enterprise zone under section 701
of the Housing and Community Development Act of 1987.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act in
fiscal years 1994, 1995, and 1996 a total of $100,000,000.
SEC. 8. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act. | Economic Development Loan Assistance Demonstration Program Act of 1993 - Directs the Secretary of Housing and Urban Development to establish a demonstration program to encourage economic development in five enterprise zones through grants to community development corporations for reducing interest rates on economic development loans. | {"src": "billsum_train", "title": "Economic Development Loan Assistance Demonstration Program Act of 1993"} | 1,015 | 55 | 0.591646 | 1.367689 | 1.161156 | 3.586957 | 20.521739 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families and Communities Involved in
Improving Our Schools Act''.
SEC. 2. FAMILY AND COMMUNITY ENGAGEMENT IN SCHOOL IMPROVEMENT GRANTS.
Section 1003(g) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6303(g)) is amended by inserting at the end the
following:
``(10) Family engagement and community engagement.--
``(A) In general.--Each local educational agency
that receives assistance under this subsection shall
carry out family engagement and community engagement
activities, which shall include, at a minimum--
``(i) providing notice to families and
community members in a format and language that
is accessible to all families and community
members--
``(I) that a school will be a
recipient of funds under this
subsection, which shall be subject to
the requirement that a school
intervention model be implemented at
the school; and
``(II) on how families and
community members can participate in
the selection, development, and
implementation of a school intervention
model under this subsection;
``(ii) partnering with families and
community members to select the school
intervention model funded under this
subsection;
``(iii) providing families and community
members with notice of the selected school
intervention model and partnering with families
and community members to develop opportunities
for families and community members to support
the school intervention model selected;
``(iv) including families and community
members in the transition period to the new
school intervention model;
``(v) involving families and community
members in implementation of the new school
intervention model;
``(vi) developing an engagement plan for
ensuring families and communities are involved
in the ongoing school improvement efforts,
including ensuring that families and
communities are involved in the development of
the engagement plan;
``(vii) evaluating the effectiveness of
family engagement and community engagement in
improving student achievement once a school
intervention model has been utilized;
``(viii) disseminating the data collected
from the evaluation under clause (vii) to
families and community members in an
understandable format; and
``(ix) developing a plan for revising
family engagement and community engagement
strategies that are shown not to be effective.
``(B) Guidance on research based family
engagement.--In order to properly engage families in
school improvement efforts, the Secretary shall issue
regulations not later than 180 days after the date of
enactment of the Families and Communities Involved in
Improving Our Schools Act, that detail research-based
family engagement and community engagement strategies
that local educational agencies and schools may utilize
with assistance provided under this subsection.
``(C) Definition.--In this paragraph:
``(i) Community engagement.--The term
`community engagement' means strategies that
foster meaningful and active collaboration
among families, community members, and school
officials for the purpose of improving student
achievement and addressing the comprehensive
needs of students before, during, and after
school as well as in the students' home lives.
``(ii) Family engagement.--The term `family
engagement' means a shared responsibility of
families and schools for student success, in
which schools and community-based organizations
are committed to reaching out to engage
families in meaningful ways that encourage the
families to actively support their children's
learning and development, as well as the
learning and development of other children. The
shared responsibility is continuous from birth
through young adulthood and reinforces learning
that takes place in the home, school, and
community.''. | Families and Communities Involved in Improving Our Schools Act - Amends title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to require local educational agencies (LEAs) receiving school improvement funds to engage families and community members in the selection, development, and implementation of measures to improve the performance of schools identified as needing improvement, corrective action, or restructuring due to their failure to make adequate yearly progress (AYP) toward state academic performance standards.
Directs the Secretary of Education to issue regulations that detail research-based family and community engagement strategies that LEAs and schools may utilize with school improvement funds. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to promote family and community engagement in school improvement."} | 779 | 146 | 0.597477 | 1.517308 | 0.699206 | 2.552846 | 6.113821 | 0.764228 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supplemental Social Security Income
Flexibility Act of 1995''.
SEC. 2. BLOCK GRANTS TO THE STATES FOR SUPPLEMENTAL SECURITY INCOME FOR
THE DISABLED AND BLIND.
(a) In General.--Title XVI of the Social Security Act (42 U.S.C.
1381-1383d) is amended by adding at the end the following new part:
``Part C--Block Grants to States for Supplemental Security Income for
the Disabled and Blind
``purpose; implementation
``Sec. 1651. (a) Purpose.--The purpose of this part is to
consolidate Federal assistance to the States for supplemental income
for individuals who are disabled or blind (other than individuals who
have attained age 65) into a single grant for such purpose, thereby
giving States maximum flexibility to--
``(1) require beneficiaries who are parents to ensure that
their school-age children attend school;
``(2) require minors who are beneficiaries to attend
school;
``(3) require parent beneficiaries to ensure that their
children receive the full complement of childhood
immunizations;
``(4) require beneficiaries not to use illegal drugs or
abuse other drugs;
``(5) deny assistance to children solely on the basis that
a child is unable to perform age-appropriate activities;
``(6) deny assistance to individiuals whose disabilities
are primarily the result of their abuse of illegal or legal
drugs, or alcohol;
``(7) deny assistance to illegal aliens;
``(8) require individuals who sponsor the residency of
legal aliens to support those they sponsor;
``(9) involve religious and charitable organizations,
voluntary associations, civic groups, community organizations,
nonprofit entities, benevolent and fraternal orders,
philanthropic entities, and other groups in the private sector,
as appropriate, in the provision of assistance to needy
disabled and blind individuals which the funding States receive
under this part.
``(b) Implementation.--This purpose shall be implemented in
accordance with conditions in each State and as determined by State
law.
``payments to states
``Sec. 1652. (a) Amount.--
``(1) In general.--Each State shall, subject to the
requirements of this part, be entitled to receive quarterly
payments for fiscal years 1997, 1998, 1999, and 2000 in an
amount equal to 25 percent of the annual amount determined
under paragraph (2) for such fiscal year for carrying out the
purpose described in section 1651.
``(2) Annual amount.--The annual amount determined under
this paragraph is equal to--
``(A) in fiscal year 1997, 100 percent of the
amounts received by the State in fiscal year 1994, or
100 percent of the average of amounts received by the
State in fiscal years 1992, 1993, and 1994, whichever
is greater, under part A of this title with respect to
persons who are disabled or blind indivudals, other
than individuals who have attained age 65 (as in effect
in fiscal year 1994, or if applicable, in fiscal years
1992, 1993, 1994), and
``(B) in each fiscal year thereafter, 100 percent of the
amount received by the State in the preceding fiscal year under
this part (as in effect in such preceding fiscal year).
``(b) Funding Requirements.--The Secretary of the Treasury shall
make quarterly payments described in subsection (a)(1) directly to each
State in accordance with section 6503 of title 31, United States Code.
``(c) Expenditure of Funds; Rainy Day Fund.--Amounts received by a
State under this part for any fiscal year shall be expended by the
State in such fiscal year or in the succeeding fiscal year; except for
such amounts as the State deems
necessary to set aside in a separate account to provide, without
fiscal limitation, for unexpected levels of assistance as a result of
events which cause an unexpected increase in the need for providing
supplemental income for individuals who are disabled or blind (other
than individuals who have attained the age 65). Any amounts remaining
in such segregated account after fiscal year 2000 shall be expended by
a State for the purpose described in section 1651 of this part as in
effect in fiscal year 2000.
``(d) Prohibition on Use of Funds.--Except as provided in
subsection (e), a State to which a payment is made under this part may
not use any part of such payment to provide medical services.
``(e) Authority To Use Portion of Grant for Other Purposes.--
``(1) In general.--A State may use not more than 30 percent
of the annual amount paid to the State under this part for a
fiscal year to carry out a State program pursuant to any or all
of the following provisions of law:
``(A) Part A of title IV of this Act.
``(B) Title XIX of this Act.
``(C) The Food Stamp Act.
``(2) Applicable rules.--Any amount paid to the State under
this part that is used to carry out a State program pursuant to
a provision of law specified in paragraph (1) shall not be
subject to the requirements of this part, but shall be subject
to the requirements that apply to Federal funds provided
directly under the provision of law to carry out the program.
``administrative and fiscal accountability
``Sec. 1653. (a) Audits; Reimbursements.--
``(1) Audits.--
``(A) In general.--A State shall, not less than
annually, audit the State expenditures from amounts
received under this part. Such audit shall--
``(i) determine the extent to which such
expenditures were or were not expended in
accordance with this part; and
``(ii) be conducted by an approved entity
(as defined in subparagraph (B)) in accordance
with generally accepted auditing principles.
``(B) Approved entity.--For purposes of
subparagraph (A), the term `approved entity' means an
entity that is--
``(i) approved by the Secretary of the
Treasury;
``(ii) approved by the chief executive
officer of the State; and
``(iii) independent of any agency
administering activities funded under this
part.
``(2) Reimbursement.--
``(A) In general.--Not later than 30 days following
the completion of an audit under this subsection, a
State shall submit a copy of the audit to the State
legislature and to the Secretary of the Treasury.
``(B) Repayment.--Each State shall pay to the
United States amounts ultimately found by the approved
entity under paragraph (1)(A) not to have been expended
in accordance with this part plus 10 percent of such
amount as a penalty, or the Secretary of the Treasury
may offset such amounts plus the 10 percent penalty
against any other amount in any other year that the
State may be entitled to receive under this part.
``(b) Additional Accounting Requirements.--The provisions of
chapter 75 of title 31, United States Code, shall apply to the audit
requirements of this section.
``(c) Reporting Requirements; Form, Contents.--
``(1) Annual reports.--A State shall prepare comprehensive
annual reports on the activities carried out with amounts
received by a State under this part.
``(2) Content.--Reports prepared under this section--
``(A) shall be for the most recently completed
fiscal year;
``(B) shall be in accordance with generally
accepted accounting principles, including the
provisions of chapter 75 of title 31, United States
Code;
``(C) shall include the results of the most recent
audit conducted in accordance with the requirements of
subsection (a) of this section; and
``(D) shall be in such form and contain such other
information as the State deems necessary--
``(i) to provide an accurate description of
such activities; and
``(ii) to secure a complete record of the
purposes for which amounts were expended in
accordance with this part.
``(3) Copies.--A State shall make copies of the reports
required under this section available for public inspection
within the State. Copies also shall be provided upon request to
any interested public agency, and each such agency may provide
its views on such reports to the Congress.
``(d) Administrative Supervision--
``(1) Role of the secretary of the treasury.--
``(A) In general.--The Secretary of the Treasury
shall supervise the amounts received under this part in
accordance with subparagraph (B).
``(B) Limited supervision--The supervision by the
Secretary of the Treasury shall be limited to--
``(i) making quarterly payments to the
States in accordance with section 1652(b);
``(ii) approving the entities referred to
in subsection (a)(1)(B); and
``(iii) withholding payment to a State
based on the findings of such an entity in
accordance with subsection (a)(2)(B).
``(2) Other federal supervision.--No administrative officer
or agency of the United States, other than the Secretary of the
Treasury and, as provided for in section 1654, the Attorney
General, shall supervise the amounts received by the States
under this part or the use of such amounts by the States.
``(e) Limited Federal Oversight.--With the exception of the
Department of the Treasury as provided for in this section and section
1654 of this part, no Federal department or agency may promulgate
regulations or issue rules regarding the purpose of this part.
``nondiscrimination provisions
``Sec. 1654. (a) No Discrimination Against Individuals.--No
individual shall be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity funded
in whole or in part with amounts received under this part on the basis
of such individual's--
``(1) disability under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794);
``(2) sex under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.); or
``(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(b) Compliance.--If the Secretary of the Treasury determines that
a State, or an entity that has received funds from amounts received by
the State under this part, has failed to comply with a provision of law
referred to in subsection (a), except as provided for in section 1655
of this part, the Secretary of the Treasury shall notify the chief
executive officer of the State and shall request the officer to secure
compliance with such provision of law. If, not later than 60 days after
receiving such notification, the chief executive officer fails or
refuses to secure compliance, the Secretary of the Treasury may--
``(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
``(2) exercise the powers and functions provided under
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or section 505 of the Rehabilitation Act of 1973
(29 U.S.C. 794a), (as applicable); or
``(3) take such other action as may be provided by law.
``(c) Authority of Attorney General; Civil Actions.--When a matter
is referred to the Attorney General pursuant to subsection (b)(1), or
if the Attorney General has reason to believe that an entity is engaged
in a pattern or practice in violation of a provision of law referred to
in subsection (a), the Attorney General may bring a civil action in an
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
``nondiscrimination and institutional protections for religious
providers
``Sec. 1655. (a) Purpose.--The purpose of this section is to allow
the participation of religious organizations as providers of assistance
to disabled or blind individuals funded under this part without
impairing or diminishing the religious character or freedom of such
organizations.
``(d) Nondiscrimination.--Religious organizations shall be eligible
as providers of assistance to disabled or blind individuals as provided
for under this part. Neither the Federal Government nor a State
receiving funds under this part shall discriminate against an
organization which is or applies to be a provider of assistance
on the basis that the organization has a religious mission or purpose.
``(c) Religious Character and Freedom.--
``(1) In general.--Notwithstanding any other provision of
law, any religious organization participating as a provider of
assistance funded under this part shall retain its independence
from Federal, State, and local governments, including such
organization's control over the definition, development,
practice, and expression of its religious beliefs. Such an
organization may select, employ, promote, discipline, and
dismiss its clerics and other ecclesiastics, directors,
officers, employees, and volunteers on the basis of religion, a
religious belief, or a religious practice. However, a religious
organization shall not deny disabled or blind individuals the
benefits of any assistance funded under this part on the basis
of religion, a religious belief, or refusal to participate in a
religious practice.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious provider of
assistance to--
``(A) alter its form of internal governance, or
form a separate, nonprofit corporation to receive and
administer assistance funded under this part; or
``(B) alter real estate or facilities used to
provide such assistance, including but not limited to
the removal of religious art, icons, scripture, or
other symbols;
in order to be eligible to be a provider of assistance under
this part.
``(3) Fiscal accountability.--
``(A) In general.--Except as provided in
subparagraph (B), any religious organization providing
assistance funded under this part shall be subject to
the same regulations as other providers to account in
accord with generally accepted auditing principles for
the use of such funds provided under this part.
``(B) Limited audit.--Religious organizations may
segregate Federal funds provided under this part into
separate accounts, and then only the financial
assistance provided with those funds shall be subject
to audit.
``(d) Compliance.--A religious organization which has its rights
under this section violated may enforce its claim by asserting a civil
action for such relief as may be appropriate, including injunctive
relief or damages, in an appropriate district court of the United
States against the entity or agency that commits such violation.
``(e) Rights of Beneficiaries of Assistance.--
``(1) In general.--If a beneficiary has a bona fide
objection to the religious character of the organization or
institution from which the beneficiary is receiving assistance
funded under this part, each State shall provide such
beneficiary a certificate, redeemable with any other provider
of assistance funded under this part, for services the value of
which is no less than the value of the funding received by the
religious provider from a State to provide assistance funded
under this part for such individual.
``(2) Prohibition on providing cash in exchange for
certificates.--No provider of assistance funded under this part
shall provide a beneficiary a cash amount in exchange for a
certificate provided for under paragraph (1).''.
(b) Conforming Amendment.--Section 1602 of the Social Security Act
(42 U.S.C. 1381a) is amended by striking ``Every'' and inserting ``(a)
Every'' and by adding at the end the following new subsection:
``(b) No person who is a disabled or blind individual (other than a
person who has attained age 65) shall be an eligible individual or
eligible spouse for purposes of this part with respect to any month
beginning after September 30, 1996, but shall be eligible for services
to the disabled or blind funded under part C of this title.''.
SEC. 3. CONFORMING AMENDMENTS TO THE BUDGET ACT.
The Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) is amended in section 255(h) (2 U.S.C. 905(h), by
striking ``Supplemental Security Income Program (75-0406-0-1-609);
and'' and inserting ``Supplemental Security Income Program and block
grants to States for supplemental security income for disabled
individuals; and''.
SEC. 4. EFFECTIVE DATE.
The amendments and repeals made by this Act shall take effect on
October 1, 1996. | Supplemental Social Security Income Flexibility Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to add a new part, Part C: Block Grants to States for Supplemental Security Income for the Disabled and Blind. States that the purpose of this part is to consolidate Federal SSI assistance to the States into a single grant, thereby giving States maximum flexibility to make State-specific requirements for individuals receiving benefits. Identifies certain requirements, including those relating to school attendance, immunizations, drug abuse, illegal aliens, and charitable, religious, and nonprofit organizations. Caps SSI spending levels. Directs the Secretary of the Treasury to supervise the amounts received under Part C. | {"src": "billsum_train", "title": "Supplemental Social Security Income Flexibility Act of 1995"} | 3,752 | 167 | 0.586966 | 1.576581 | 0.688842 | 2.79562 | 25.335766 | 0.854015 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Higher Education
and Learning Promotion Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EDUCATION INVESTMENT ACCOUNTS.
(a) In General.--Part VIII of subchapter F of chapter 1 (relating
to qualified State tuition programs) is amended by adding at the end
the following new section:
``SEC. 530. EDUCATION INVESTMENT ACCOUNTS.
``(a) General Rule.--An education investment account (hereafter in
this section referred to as an `education investment account') shall be
exempt from taxation under this subtitle. Notwithstanding the preceding
sentence, the education investment account shall be subject to the
taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable organizations).
``(b) Limitations on Accounts.--
``(1) Account may not be established for benefit of more
than 1 individual.--An education investment account may not be
established for the benefit of more than 1 individual.
``(2) Special rule where more than 1 account.--If, at any
time during a calendar year, 2 or more education investment
accounts are maintained for the benefit of an individual, only
the account first established shall be treated as an education
investment account for purposes of this section. This paragraph
shall not apply to the extent more than 1 account exists solely
by reason of a rollover contribution.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Education investment account.--The term `education
investment account' means a trust created or organized in the
United States exclusively for the purpose of paying the
qualified higher education expenses of the account holder, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash or in securities
for which (as of the date of the contribution)
market quotations are readily available on an
established securities market,
``(ii) except in the case of rollover
contributions from another education investment
account, in excess of $1,500 for any calendar
year, and
``(iii) after the date on which the account
holder attains age 18.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts (other than contracts the
beneficiary of which is the trust and the face amount
of which does not exceed the amount by which the
maximum amount which can be contributed to the
education investment account exceeds the sum of the
amounts contributed to the account for all taxable
years).
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) Any balance in the education investment
account on the day after the date on which the
individual for whose benefit the trust is established
attains age 30 (or, if earlier, the date on which such
individual dies) shall be distributed within 30 days of
such date to the account holder (or in the case of
death, the beneficiary).
``(2) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
the preceding taxable year if the contribution is made on
account of such taxable year and is made not later than the
time prescribed by law for filing the return for such taxable
year (including extensions thereof).
``(3) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' has the same meaning given such
term by section 529(e)(3), except that such expenses
shall be reduced by any amount described in section
135(d)(1) (relating to certain scholarships and
veterans benefits).
``(B) State tuition plans.--Such term shall include
amounts paid or incurred to purchase tuition credits or
certificates, or to make contributions to an account,
under a qualified State tuition program (as defined in
section 529(b)).
``(4) Eligible educational institution.--The term `eligible
educational institution' has the meaning given such term by
section 135(c)(3).
``(5) Account holder.--The term `account holder' means the
individual for whose benefit the education investment account
is established.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of an education
investment account shall be included in gross income of the
payee or distributee for the taxable year in the manner
prescribed by section 72. For purposes of the preceding
sentence, rules similar to the rules of section 408(d)(2) shall
apply.
``(2) Distribution used to pay educational expenses.--
Paragraph (1) shall not apply to any payment or distribution
out of an education investment account to the extent such
payment or distribution is used exclusively to pay
the qualified higher education expenses of the account holder.
``(3) Special rule for applying section 2503.--If any
payment or distribution from an education investment account is
used exclusively for the payment to an eligible educational
institution of the qualified higher education expenses of the
account holder, such payment shall be treated as a qualified
transfer for purposes of section 2503(e).
``(4) Additional tax for distributions not used for
educational expenses.--
``(A) In general.--The tax imposed by this chapter
for any taxable year on any taxpayer who receives a
payment or distribution from an education investment
account which is includible in gross income under
paragraph (1) shall be increased by 10 percent of the
amount which is so includible.
``(B) Exception for disability, death, or
scholarship.--Subparagraph (A) shall not apply if the
payment or distribution is--
``(i) made on account of the death or
disability of the account holder, or
``(ii) made on account of a scholarship (or
allowance or payment described in section
135(d)(1) (B) or (C)) received by the account
holder to the extent the amount of the payment
or distribution does exceed the amount of the
scholarship, allowance, or payment.
``(C) Excess contributions returned before due date
of return.--Subparagraph (A) shall not apply to the
distribution to a contributor of any contribution paid
during a taxable year to an education investment
account to the extent that such contribution, when
added to previous contributions to the account during
the taxable year, exceeds $1,000 if--
``(i) such distribution is received on or
before the day prescribed by law (including
extensions of time) for filing such
contributor's return for such taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the contributor for the
taxable year in which such excess contribution was
made.
``(5) Rollover contributions.--Paragraph (1) shall not
apply to any amount paid or distributed from an education
investment account to the extent that the amount received is
paid into another education investment account for the benefit
of the account holder not later than the 60th day after the day
on which the holder receives the payment or distribution. The
preceding sentence shall not apply to any payment or
distribution if it applied to any prior payment or distribution
during the 12-month period ending on the date of the payment or
distribution.
``(6) Special rules for death and divorce.--Rules similar
to the rules of section 220(f) (7) and (8) shall apply.
``(e) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any education
investment account, and any amount treated as distributed under such
rules shall be treated as not used to pay qualified higher education
expenses.
``(f) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(g) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an account
described in subsection (b)(1). For purposes of this title, in the case
of a custodial account treated as a trust by reason of the preceding
sentence, the custodian of such account shall be treated as the trustee
thereof.
``(h) Reports.--The trustee of an education investment account
shall make such reports regarding such account to the Secretary and to
the account holder with respect to contributions, distributions, and
such other matters as the Secretary may require under regulations. The
reports required by this subsection shall be filed at such time and in
such manner and furnished to such individuals at such time and in such
manner as may be required by those regulations.''
(b) Tax on Prohibited Transactions.--Section 4975 (relating to
prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(5) Special rule for education investment accounts.--An
individual for whose benefit an education investment account is
established and any contributor to such account shall be exempt
from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be an education investment
account by reason of the application of section 530 to such
account.''; and
(2) in subsection (e)(1), by striking ``or'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) a education investment account described in
section 530, or''.
(c) Failure To Provide Reports on Education Investment Accounts.--
Section 6693 (relating to failure to provide reports on individual
retirement accounts or annuities) is amended--
(1) by inserting ``or on education investment accounts''
after ``annuities'' in the heading of such section, and
(2) in subsection (a)(2), by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(C) section 530(h) (relating to education
investment accounts).''
(d) Coordination With Savings Bond Exclusion.--Section 135(d)(1) is
amended by striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, or'', and
by inserting at the end the following new subparagraph:
``(E) a payment or distribution from an education
investment account (as defined in section 530).''
(e) Clerical Amendments.--
(1) The table of sections for part VIII of subchapter F of
chapter 1 is amended by adding at the end the following new
item:
``Sec. 530. Education investment
accounts.''
(2)(A) The heading for part VIII of subchapter F of chapter
1 is amended to read as follows:
``PART VIII--HIGHER EDUCATION SAVINGS ENTITIES''.
(B) The table of parts for subchapter F of chapter 1 is
amended by striking the item relating to part VIII and
inserting:
``Part VIII. Higher education savings
entities.''
(3) The table of sections for subchapter B of chapter 68 is
amended by striking the item relating to section 6693 and
inserting the following new item:
``Sec. 6693. Failure to provide reports
on individual retirement
accounts or annuities or on
education investment
accounts.''
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 3. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Permanent Extension.--Section 127 of the Internal Revenue Code
of 1986 (relating to exclusion for educational assistance programs) is
amended by striking subsection (d) and by redesignating subsection (e)
as subsection (d).
(b) Effective Dates.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 1996.
SEC. 4. MODIFICATIONS OF TAX TREATMENT OF QUALIFIED STATE TUITION
PROGRAMS.
(a) Exclusion of Distributions Used for Educational Purposes.--
Subparagraph (B) of section 529(c)(3) is amended to read as follows:
``(B) Distributions for qualified higher education
expenses.--Subparagraph (A) shall not apply to any
distribution to the extent--
``(i) the distribution is used exclusively
to pay qualified higher education expenses of
the distributee, or
``(ii) the distribution consists of
providing a benefit to the distributee which,
if paid for by the distributee, would
constitute payment of a qualified higher
education expense.''
(b) Qualified Higher Education Expenses To Include Room and
Board.--Section 529(e)(3) is amended to read as follows:
``(3) Qualified higher education expenses.--The term
`qualified higher education expenses' means the cost of
attendance (within the meaning of section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the
date of the enactment of the Higher Education Learning and
Promotion Act) of a designated beneficiary at an eligible
educational institution (as defined in section 135(c)(3)).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Higher Education and Learning Promotion Act - Amends the Internal Revenue Code to establish nontaxable education investment accounts which shall permit annual contributions of not more than $1,500 for the account holder's qualified higher education costs. Subjects account distributions used for nonqualifying purposes to taxation, including an additional ten percent tax. Sets forth related reporting requirements.
Makes the employer-provided educational assistance program exclusion permanent.
Excludes from gross income distributions from a qualified state tuition program used for qualified higher education expenses (including room and board). | {"src": "billsum_train", "title": "Higher Education and Learning Promotion Act"} | 3,328 | 118 | 0.565063 | 1.406434 | 0.559975 | 2.009901 | 30.049505 | 0.821782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Early Education Workforce
Act''.
SEC. 2. BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD
CARE PROVIDERS.
Title XIX of the Public Health Service Act is amended by adding at
the end the following:
``PART D--BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD
CARE PROVIDERS
``SEC. 1981. FORMULA GRANTS TO STATES.
``For the purpose described in section 1982(a), the Secretary shall
make an allotment each fiscal year for each State that submits an
application in accordance with section 1983 in an amount determined in
accordance with section 1984.
``SEC. 1982. FUNDING AGREEMENTS.
``(a) Purpose.--A funding agreement for a grant under section 1981
is that the State involved will expend the grant only for the purpose
of providing access to affordable health benefits coverage for--
``(1) eligible child care providers and the staff of
center-based child care providers; and
``(2) at the discretion of the State involved, the spouses,
domestic partners, and dependents (as those terms are defined
by the State) of such providers and staff.
``(b) Permissible Activities.--A funding agreement for a grant
under section 1981 is that the State involved, in carrying out the
purpose described in subsection (a), may opt to use the grant for any
of the following:
``(1) To reimburse an employer or individual described in
subsection (a) for their share (or a portion thereof) of the
premiums or other costs for coverage under group or individual
health plans.
``(2) To offset the cost of enrolling individuals described
in subsection (a) in public health benefits plans, such as the
medicaid program under title XIX of the Social Security Act,
the State Children's Health Insurance Program under title XXI
of such Act, or public employee health benefit plans.
``(3) To otherwise subsidize the cost of health benefits
coverage for individuals described in subsection (a).
``(c) Limiting Criteria.--A funding agreement for a grant under
section 1981 is that the State involved may establish criteria to limit
the providers and staff described in subsection (a)(1) who may receive
assistance under the grant.
``(d) Priority.--A funding agreement for a grant under section 1981
is that the State involved will give--
``(1) highest priority to--
``(A) providers and staff described in subsection
(a)(1) that meet any applicable criteria established in
accordance with subsection (c) and received assistance
under such a grant during the previous fiscal year; and
``(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers and
staff; and
``(2) second highest priority to--
``(A) providers and staff described in subsection
(a)(1) that meet any applicable criteria established in
accordance with subsection (c) and are accredited by
the National Association for the Education of Young
Children or the National Association for Family Child
Care; and
``(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers and
staff.
``(e) Matching Funds.--
``(1) In general.--With respect to the costs of carrying
out the purpose described in subsection (a), a funding
agreement for a grant under section 1981 is that the State
involved will make available (directly or through donations
from public or private entities) non-Federal contributions
toward such costs in an amount that is not less than 50 percent
of such costs.
``(2) Determination of amount contributed.--Non-Federal
contributions under paragraph (1) may be in cash or in kind,
fairly evaluated, including plant, equipment, or services.
Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of
such contributions.
``SEC. 1983. APPLICATION.
``For purposes of section 1981, an application for a grant for a
fiscal year is in accordance with this section if--
``(1) the application is submitted at such time, in such
manner, and containing such information as the Secretary may
require;
``(2) the application contains each funding agreement that
is described in section 1982; and
``(3) with respect to each such funding agreement, the
application provides assurances of compliance satisfactory to
the Secretary.
``SEC. 1984. DETERMINATION OF AMOUNT OF ALLOTMENT.
``(a) Amounts reserved.--
``(1) Territories and possessions.--The Secretary shall
reserve not to exceed one half of 1 percent of the amount
appropriated pursuant to section 1986 in each fiscal year for
payments to Guam, American Samoa, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana
Islands to be allotted in accordance with their respective
needs.
``(2) Indian tribes.--The Secretary shall reserve not less
than 1 percent, and not more than 2 percent, of the amount
appropriated pursuant to section 1986 in each fiscal year for
payments to Indian tribes and tribal organizations, to be
allotted in accordance with their respective needs.
``(b) State allotment.--
``(1) General rule.--From the remainder of amounts
appropriated pursuant to section 1986 for each fiscal year
after reservations under subsection (a), the Secretary shall
allot to each State an amount equal to the sum of--
``(A) an amount that bears the same ratio to 50
percent of such remainder as the product of the young
child factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States; and
``(B) an amount that bears the same ratio to 50
percent of such remainder as the product of the school
lunch factor of the State and the allotment percentage of the State
bears to the sum of the corresponding products for all States.
``(2) Young child factor.--The term `young child factor'
means the ratio of the number of children in the State under 5
years of age to the number of such children in all States as
provided by the most recent annual estimates of population in
the States by the Census Bureau of the Department of Commerce.
``(3) School lunch factor.--The term `school lunch factor'
means the ratio of the number of children in the State who are
receiving free or reduced price lunches under the school lunch
program established under the Richard B. Russell National
School Lunch Act to the number of such children in all the
States as determined annually by the Department of Agriculture.
``(4) Allotment percentage.--
``(A) In general.--The allotment percentage for a
State is determined by dividing the per capita income
of all individuals in the United States, by the per
capita income of all individuals in the State.
``(B) Limitations.--If an allotment percentage
determined under subparagraph (A)--
``(i) exceeds 1.2 percent, then the
allotment percentage of that State shall be
considered to be 1.2 percent; or
``(ii) is less than 0.8 percent, then the
allotment percentage of the State shall be
considered to be 0.8 percent.
``(C) Per capita income.--For purposes of
subparagraph (A), per capita income--
``(i) shall be determined at 2-year
intervals;
``(ii) shall be applied for the 2-year
period beginning on October 1 of the first
fiscal year beginning on the date such
determination is made; and
``(iii) shall be equal to the average of
the annual per capita incomes for the most
recent period of 3 consecutive years for which
satisfactory data are available from the
Department of Commerce at the time such
determination is made.
``(c) Allocation of Excess Funds.--To the extent that all the funds
appropriated under section 1986 for a fiscal year and available for
allotment in such fiscal year are not otherwise allotted to States
because 1 or more States have not submitted an application in
accordance with section 1983 for the fiscal year, or because 1 or more
States have notified the Secretary that they do not intend to use the
full amount of their allotment, such excess shall be allotted among
each of the remaining States in proportion to the amount otherwise
allotted to such States for the fiscal year without regard to this
subsection.
``SEC. 1985. DEFINITIONS.
``In this part:
``(1) The term `eligible child care provider' means a
family child care provider or a center-based child care
provider (whether an entity or individual) that is licensed
under State law and meets all applicable State and local health
and safety requirements.
``(2) The term `family child care provider' means an
individual who provides child care services for fewer than 24
hours per day, as the sole caregiver, and in a private
residence.
``(3) The terms ``Indian tribe'' and ``tribal
organization'' have the same meaning given such terms in
section 4 of the Indian Self-Determination and Education
Assistance Act.
``(4)(A) Except for purposes of determining allotments
under subsections (a) and (b) of section 1984, the term `State'
means each of the several States, the District of Columbia,
Guam, American Samoa, the Virgin Islands of the United States,
the Commonwealth of the Northern Mariana Islands, and each
Indian tribe or tribal organization.
``(B) For purposes of determining allotments under
subsections (a) and (b) of section 1984, the term `State' means
each of the several States and the District of Columbia.
``SEC. 1986. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this part $200,000,000 for fiscal year 2004, $250,000,000 for
fiscal year 2005, $300,000,000 for fiscal year 2006, $400,000,000 for
fiscal year 2007, and such sums as may be necessary for fiscal year
2008.''.
SEC. 3. EVALUATION OF BLOCK GRANT PROGRAM BY SECRETARY.
(a) Evaluation.--The Secretary of Health and Human Services shall
conduct an evaluation of several State programs carried out with grants
under part D of title XIX of the Public Health Service Act,
representing various approaches to raising the rate of child care
workers with health benefits coverage.
(b) Assessment of Impacts.--In evaluating State programs under
subsection (a), the Secretary may consider any information appropriate
to measure the success of the programs, and shall assess the impact of
the programs on the following:
(1) The rate of child care workers with health benefits
coverage.
(2) The take-up rate by eligible child care providers.
(3) The turnover rate in the field.
(4) The average wages paid.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit a
report to the Congress on the results of the evaluation conducted under
subsection (a), together with recommendations for strengthening
programs carried out with grants under part D of title XIX of the
Public Health Service Act. | Healthy Early Education Workforce Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make an annual allotment to each State that submits an application for formula grants to provide access to affordable health benefits coverage for: (1) eligible child care providers and the staff of center-based child care providers; and (2) certain relatives of such providers and staff, at the discretion of the State involved.Sets forth the following permissible activities for such grants: (1) to reimburse an employer or other individual specified under this Act for premiums or other costs for coverage under group or individual plans; (2) to offset the cost of enrolling individuals in public health benefits plans; and (3) to otherwise subsidize the cost of health benefits coverage to individuals specified under this Act.Requires a State to match at least 50 percent of the costs of the activities for which it receives a grant.Specifies portions of the funds appropriated under this Act to go to U.S. territories and possessions and Indian tribes. Sets forth a formula for calculating the amount to be received by each State (including the District of Columbia).Directs the Secretary to conduct an evaluation of several State programs representing various approaches to raising the rate of child workers with health benefits coverage. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize formula grants to States to provide access to affordable health insurance for certain child care providers and staff, and for other purposes."} | 2,518 | 268 | 0.58643 | 1.668516 | 0.935095 | 4.651639 | 9.713115 | 0.897541 |
SECTION 1. LAKE PONTCHARTRAIN, LOUISIANA.
(a) Authority of Secretary of the Army.--The project authorized by
section 204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat.
1077) and modified by section 7012(a)(2) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat.
454) and Supplemental Appropriations Act, 2008 (Public Law 110-252; 122
Stat. 2350) is further modified to authorize the Secretary of the Army
to construct a pumping station that shall be specifically designed to
evacuate storm water from the area known as Hoey's Basin, as--
(1) generally described in the report entitled ``U.S. Army
Corps of Engineers Individual Environmental Report #5;
Permanent Protection System for the Outfall Canals project on
17th Street, Orleans Avenue, and London Avenue Canals''; and
(2) more specifically described under the ``Pump to the
Mississippi River'' option contained in the report described in
paragraph (1).
(b) Authorized Cost.--The total cost of the project authorized
under subsection (a) shall be $205,000,000.
(c) Federal Share.--The Federal share of the cost of the project
authorized under this Act shall be performed only in accordance with
the Federal cost share provided for under the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350).
(d) Definitions.--In this section:
(1) Project.--The term ``project'' means the project for
permanent pumps and canal modifications authorized by section
204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat.
1077), modified by section 7012(a)(2) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1279),
the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public Law
109-234; 120 Stat. 454) and the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 122 Stat. 2350); and further
modified by section (a) of this Act.
(2) Project report.--The term ``project report'' means the
report--
(A) submitted by the Secretary to Congress;
(B) dated August 30, 2007; and
(C) provided in response to the requirements
described in section 4303 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law
110-28; 121 Stat. 154) as the basis for complying with
the requirements of--
(i) the project; and
(ii) the modifications to the 17th Street,
Orleans Avenue, and London Avenue canals in and
near the city of New Orleans carried out under
the project.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(e) Duties of the Secretary.--
(1) Study; report.--
(A) Study.--Upon enactment of this Act, the
Secretary shall conduct a study under which the
Secretary shall carry out--
(i) an analysis of the residual risks
associated with options 1, 2, and 2a, as
described in the project report; and
(ii) an independent peer review of the
effectiveness of concept designs and
preliminary cost estimates associated with each
option.
(B) Reports.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations
of the Senate a report that--
(i) contains the results of the study
conducted under subparagraph (A); and
(ii) identifies the option contained in the
project report that--
(I) is more technically
advantageous;
(II) is more effective from an
operational perspective in providing
greater reliability and reducing the
risk of flooding to the New Orleans
area over the long term; and
(III) if implemented, would--
(aa) increase the overall
drainage capacity of the
region;
(bb) reduce local flooding
to the greatest extent
practicable; and
(cc) provide the greatest
system flexibility.
(2) Implementation.--Effective on the date on which the
Secretary submits the report under paragraph (1)(B), the
Secretary shall resume the implementation of the project in
accordance with the option selected by the Secretary under the
report and without regard to the funds available, is directed
under this Act to implement the option contained in the report
that is found to be more technically advantageous and more
effective from an operational perspective in providing greater
reliability and reducing the risk of flooding to the New
Orleans area over the long term. | Modifies the Lake Pontchartrain flood control project, Louisiana, to authorize the Secretary of the Army to construct a pumping station specifically designed to evacuate storm water from the Hoey's Basin area at a specified cost and federal share.
Requires the Secretary to: (1) conduct a study to carry out an analysis of the residual risks associated with specified options described in the project report and an independent peer review of the effectiveness of concept designs and preliminary cost estimates associated with each option; (2) report to specified congressional committees regarding the option that is more technically advantageous and more effective from an operational perspective in providing greater reliability and reducing the risk of flooding to the New Orleans area over the long term and that would increase the overall drainage capacity of the region, reduce local flooding to the greatest extent practicable, and provide the greatest system flexibility; and (3) resume project implementation with that option without regard to the funds available. | {"src": "billsum_train", "title": "To require the Secretary of the Army to carry out a study to determine the most effective manner by which to carry out the Lake Pontchartrain flood control project, to authorize the Secretary of the Army to construct a new pumping station at Lake Pontchartrain, Louisiana, and for other purposes."} | 1,121 | 190 | 0.536092 | 1.729603 | 0.794476 | 3.96648 | 5.787709 | 0.938547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage and Religious Freedom
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the United States Supreme Court on the Defense of Marriage Act
in 2013, ``Americans hold a wide range of views'' on the issue
of same-sex marriage, and ``maintaining our Nation's commitment
to religious freedom'' is ``vital''.
(3) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the United States Constitution.
(4) Laws that protect the free exercise of religious
beliefs about marriage will encourage private citizens and
institutions to demonstrate similar tolerance and therefore
contribute to a more respectful, diverse, and peaceful society.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS.
(a) In General.--The Federal Government shall not take an adverse
action against a person, on the basis that such person acts in
accordance with a religious belief that marriage is or should be
recognized as the union of one man and one woman, or that sexual
relations are properly reserved to such a marriage.
(b) Adverse Action Defined.--As used in subsection (a), an adverse
action means any action taken by the Federal Government--
(1) acting through the Administrator of the Internal
Revenue Service, to--
(A) deny or revoke an exemption from taxation under
section 501 of the Internal Revenue Code of 1986 of
such person; or
(B) disallow a deduction for Federal tax purposes
of any charitable contribution made to or by such
person;
(2) to deny or exclude such person from receiving any
Federal grant, contract, cooperative agreement, loan, license,
certification, accreditation, employment, or other similar
position or status;
(3) to deny or withhold from such person any benefit under
a Federal benefit program; or
(4) to otherwise discriminate against such person.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial proceeding
and obtain compensatory damages, injunctive relief, declaratory relief,
or any other appropriate relief against the Federal Government.
Standing to assert a claim or defense under this section shall be
governed by the general rules of standing under article III of the
Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``Marriage and Religious
Freedom Act,'' after ``the Religious Land Use and Institutionalized
Persons Act of 2000,''.
(c) Authority of United States To Enforce This Act.--The Attorney
General of the United States may bring an action for injunctive or
declaratory relief to enforce compliance with this Act. Nothing in this
subsection shall be construed to deny, impair, or otherwise affect any
right or authority of the Attorney General, the United States, or any
agency, officer, or employee of the United States, acting under any law
other than this subsection, to institute or intervene in any
proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious beliefs, to the maximum extent permitted
by the terms of this Act and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally as protective of religious beliefs as, or more
protective of religious beliefs than, this Act. Nothing in this Act
shall be considered to construe any State or Federal law protecting
religious beliefs more narrowly than such law otherwise would be
construed.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ``Federal Government''
includes a branch, department, agency, instrumentality, or
official of the United States.
(3) Person.--The term ``person'' has the meaning given such
term in section 1 of title 1, United States Code, and includes
any person regardless of religious affiliation or lack thereof,
and regardless of for-profit or nonprofit status. | Marriage and Religious Freedom Act - Prohibits the federal government from taking an adverse action against a person on the basis that such person acts in accordance with a religious belief that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "adverse action" as any federal government action to discriminate against such person, including: (1) denying or revoking certain tax exemptions or disallowing a deduction of any charitable contribution made to or by such person; (2) denying or excluding such person from receiving any federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status; or (3) denying or withholding any benefit under a federal benefit program. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General (DOJ) to bring actions to enforce this Act. Specifies that the term "person" includes any person regardless of religious affiliation, as well as corporations and other entities regardless of for-profit or nonprofit status. | {"src": "billsum_train", "title": "Marriage and Religious Freedom Act"} | 1,133 | 277 | 0.685127 | 2.307818 | 1.06997 | 5.145228 | 4.261411 | 0.887967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Jobs Creation Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide employment opportunities for
coastal communities by increasing support for--
(1) cooperative research and monitoring;
(2) the revitalization of coastal infrastructure;
(3) recreational fishing registry programs;
(4) marine debris removal; and
(5) restoration of coastal resources.
SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Commerce (in this Act referred
to as the ``Secretary'') shall use funds made available under this Act
to implement a Coastal Jobs Creation Grant Program using the
authorities listed in subsection (b). The Secretary shall expend such
funds as quickly as possible consistent with prudent management.
(b) Authorities.--The authorities referred to in subsection (a) are
authorities under the following laws:
(1) Section 306A of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455a).
(2) Section 315(e) of the Coastal Zone Management Act (16
U.S.C. 1461(e)).
(3) Section 204 of the Coral Reef Conservation Act (16
U.S.C. 6403).
(4) Section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).
(5) Section 318 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1867).
(6) Section 401(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881(g)).
(7) Section 3 of the Marine Debris Research, Prevention,
and Reduction Act (33 U.S.C. 1952).
(8) Section 408 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421f-1).
(9) Section 311 of the National Marine Sanctuaries Act (16
U.S.C. 1442).
(10) Section 205 of the National Sea Grant College Program
Act (33 U.S.C. 1124).
(c) Activities.--Activities funded under the Coastal Jobs Creation
Grant Program shall include the following:
(1) Cooperative research to collect and compile economic
and social data related to recreational and commercial
fisheries management.
(2) Cooperative research to identify habitat areas of
particular concern and for habitat restoration and
conservation.
(3) Improving the quality and accuracy of information
generated by the Marine Recreational Fishery Statistics Survey.
(4) Establishment and implementation of State recreational
fishing registry programs.
(5) Training and deploying observers authorized or required
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(6) Preservation or restoration of coastal resources
identified for their conservation, recreational, ecological,
historic, or aesthetic values.
(7) Redevelopment of deteriorating and underutilized
working waterfronts and ports.
(8) Research and monitoring within the National Estuarine
Research Reserve System, the National Marine Sanctuary System,
and coral reef ecosystems, and under the National Sea Grant
College Program.
(9) Implementation of local strategies developed by State
or Federal agencies to conserve coral reef ecosystems.
(10) Research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies.
(11) Cooperative research to collect data to improve,
supplement, or enhance fishery and marine mammal stock
assessments.
(12) Cooperative research to assess the amount and type of
bycatch and to engineer gear types designed to reduce bycatch.
(13) Reducing and preventing the occurrence and adverse
impacts of marine debris on the marine environment and
navigation safety.
(d) Funding Criteria.--The Secretary may not make funds available
under this Act for a proposed project unless the project, to the
maximum extent practicable--
(1) provides the greatest employment opportunities for
coastal communities and benefits commercial and recreational
fishing industries;
(2) replicates or builds upon a successful local, State,
Federal, or tribal project;
(3) utilizes existing fishing community infrastructure,
including idled fishing vessels;
(4) supports research and monitoring that improves science-
based management decisions; or
(5) contributes to restoring, protecting, or preserving
coastal and ocean ecosystems.
(e) Guidelines.--Within 30 days after the date of enactment of this
Act, the Secretary shall develop guidelines necessary to implement the
Coastal Jobs Creation Grant Program.
SEC. 4. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Section 401(g) of Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881(g)) is amended by redesignating
paragraph (4) as paragraph (5), and by inserting after paragraph (3)
the following new paragraph:
``(4) Funding.--The Secretary, subject to the availability
of appropriations, shall enter into contracts with, or provide
grants to, States for the purpose of establishing and
implementing a registry program to meet the requirements for
exemption under paragraph (2).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
To carry out the Coastal Jobs Creation Grant Program there is
authorized to be appropriated to the Secretary of Commerce $80,000,000
for each of fiscal years 2011 through 2015, of which no more than 5
percent may be used each fiscal year for administrative expenses of
such program. | Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include: (1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management: (2) establishment and implementation of state recreational fishing registry programs; (3) training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act; (4) preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values; (5) redevelopment of deteriorating and underutilized working waterfronts and ports; (6) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies; (7) cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments; and (8) other specified activities.
Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to enter into contracts with, or provide grants to, states for the purpose of establishing and implementing a registry program to meet the requirements for the exemption from registration of a regional standardized fishing vessel registration and information management system program for state licensed recreational fishermen and charter fishing vessels when the Secretary determines that information from the state program is suitable for the Secretary's use in completing marine recreational fisheries statistical surveys or evaluating the effects of proposed conservation and management measures for marine recreational fisheries. | {"src": "billsum_train", "title": "To promote coastal jobs creation, promote sustainable fisheries and fishing communities, revitalize waterfronts, and for other purposes."} | 1,199 | 308 | 0.631786 | 1.927363 | 0.816361 | 5.094891 | 3.963504 | 0.905109 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Area Health and
Environmental Monitoring Act of 2004''.
SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER
AREA.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by inserting after section 408 (42 U.S.C.
5174) the following:
``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A
DISASTER AREA.
``(a) Definitions.--In this section:
``(1) Individual.--The term `individual' includes--
``(A) a worker or volunteer who responds to a
disaster, including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) any participating member of an urban
search and rescue team; and
``(v) any other relief or rescue worker or
volunteer that the President determines to be
appropriate;
``(B) a worker who responds to a disaster by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
``(C) a person whose place of residence is in a
disaster area;
``(D) a person who is employed in or attends
school, child care, or adult day care in a building
located in a disaster area; and
``(E) any other person that the President
determines to be appropriate.
``(2) Program.--The term `program' means a program
described in subsection (b) that is carried out for a disaster
area.
``(3) Substance of concern.--The term `substance of
concern' means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President.
``(b) Program.--
``(1) In general.--If the President determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a disaster area under this Act, the
President may carry out a program for the protection,
assessment, monitoring, and study of the health and safety of
individuals to ensure that--
``(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern and potential mental health
impacts in a timely manner;
``(B) the individuals are monitored and studied
over time, including through baseline and followup
clinical health examinations, for--
``(i) any short- and long-term health
impacts of any substance of concern; and
``(ii) any mental health impacts;
``(C) the individuals receive health care referrals
as needed and appropriate; and
``(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
``(2) Activities.--A program under paragraph (1) may
include such activities as--
``(A) collecting and analyzing environmental
exposure data;
``(B) developing and disseminating information and
educational materials;
``(C) performing baseline and followup clinical
health and mental health examinations and taking
biological samples;
``(D) establishing and maintaining an exposure
registry;
``(E) studying the short- and long-term human
health impacts of any exposures through epidemiological
and other health studies; and
``(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
``(3) Timing.--To the maximum extent practicable,
activities under any program established under paragraph (1)
(including baseline health examinations) shall be commenced in
a timely manner that will ensure the highest level of public
health protection and effective monitoring.
``(4) Participation in registries and studies.--
``(A) In general.--Participation in any registry or
study that is part of a program under paragraph (1)
shall be voluntary.
``(B) Protection of privacy.--The President shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in
subparagraph (A).
``(5) Cooperative agreements.--
``(A) In general.--The President may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
``(B) Selection criteria.--To the maximum extent
practicable, the President shall select to carry out a
program under paragraph (1) a medical institution or a
consortium of medical institutions that--
``(i) is located near--
``(I) the disaster area with
respect to which the program is carried
out; and
``(II) any other area in which
there reside groups of individuals that
worked or volunteered in response to
the disaster; and
``(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
``(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
``(II) conducting long-term health
monitoring and epidemiological studies;
``(III) conducting long-term mental
health studies; and
``(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
``(6) Involvement.--
``(A) In general.--In establishing and maintaining
a program under paragraph (1), the President shall
involve interested and affected parties, as
appropriate, including representatives of--
``(i) Federal, State, and local government
agencies;
``(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
``(iii) local residents, businesses, and
schools (including parents and teachers);
``(iv) health care providers; and
``(v) other organizations and persons.
``(B) Committees.--Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
``(7) Privacy.--The President shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
``(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, or the medical institution or consortium of such
institutions having entered into a cooperative agreement under
subsection (b)(5), shall submit to the Secretary of Homeland Security,
the Secretary of Health and Human Services, the Secretary of Labor, the
Administrator of the Environmental Protection Agency, and appropriate
committees of Congress a report on programs and studies carried out
under the program.''.
SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH AND
ENVIRONMENTAL PROTECTION AND MONITORING.
(a) In General.--The Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Administrator of the
Environmental Protection Agency shall jointly enter into a contract
with the National Academy of Sciences to conduct a study and prepare a
report on disaster area health and environmental protection and
monitoring.
(b) Expertise.--The report under subsection (a) shall be prepared
with the participation of individuals who have expertise in--
(1) environmental health, safety, and medicine;
(2) occupational health, safety, and medicine;
(3) clinical medicine, including pediatrics;
(4) toxicology;
(5) epidemiology;
(6) mental health;
(7) medical monitoring and surveillance;
(8) environmental monitoring and surveillance;
(9) environmental and industrial hygiene;
(10) emergency planning and preparedness;
(11) public outreach and education;
(12) State and local health departments;
(13) State and local environmental protection departments;
(14) functions of workers that respond to disasters,
including first responders; and
(15) public health and family services.
(c) Contents.--The report under subsection (a) shall provide advice
and recommendations regarding protecting and monitoring the health and
safety of individuals potentially exposed to any chemical or other
substance associated with potential acute or chronic human health
effects as the result of a disaster, including advice and
recommendations regarding--
(1) the establishment of protocols for the monitoring of
and response to chemical or substance releases in a disaster
area for the purpose of protecting public health and safety,
including--
(A) chemicals or other substances for which samples
should be collected in the event of a disaster,
including a terrorist attack;
(B) chemical- or substance-specific methods of
sample collection, including sampling methodologies and
locations;
(C) chemical- or substance-specific methods of
sample analysis;
(D) health-based threshold levels to be used and
response actions to be taken in the event that
thresholds are exceeded for individual chemicals or
other substances;
(E) procedures for providing monitoring results
to--
(i) appropriate Federal, State, and local
government agencies;
(ii) appropriate response personnel; and
(iii) the public;
(F) responsibilities of Federal, State and local
agencies for--
(i) collecting and analyzing samples;
(ii) reporting results; and
(iii) taking appropriate response actions;
and
(G) capabilities and capacity within the Federal
Government to conduct appropriate environmental
monitoring and response in the event of a disaster,
including a terrorist attack; and
(2) other issues as specified by the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 4. PREDISASTER HAZARD MITIGATION.
Section 203(m) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``December 31, 2003'' and inserting ``September 30, 2006''. | Disaster Area Health and Environmental Monitoring Act of 2004 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals if chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area.
Makes participation in any registry or study that is part of the program voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants.
Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996.
Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments for the implementation of cost-effective predisaster hazard mitigation measures. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection of the health and safety of residents, workers, volunteers, and others in a disaster area."} | 2,257 | 308 | 0.58737 | 1.609118 | 0.796298 | 4.390335 | 8.026022 | 0.925651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Facilitation and
Habitat Conservation Act of 2011''.
SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible public entity.--The term ``eligible public
entity'' means a political subdivision of a State, including--
(A) a duly established town, township, or county;
(B) an entity established for the purpose of
regional governance;
(C) a special purpose entity; and
(D) a joint powers authority, or other entity
certified by the Governor of a State, to have authority
to implement a habitat conservation plan pursuant to
section 10(a) of the Endangered Species Act of 1973 (16
U.S.C. 1539(a)).
(2) Program.--The term ``program'' means the conservation
loan and loan guarantee program established by the Secretary
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Loan and Loan Guarantee Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
program to provide loans and loan guarantees to eligible public
entities to enable eligible public entities to acquire
interests in real property that are acquired pursuant to
habitat conservation plans approved by the Secretary of the
Interior under section 10 of the Endangered Species Act of 1973
(16 U.S.C. 1539).
(2) Application; approval process.--
(A) Application.--
(i) In general.--To be eligible to receive
a loan or loan guarantee under the program, an
eligible public entity shall submit to the
Secretary an application at such time, in such
form and manner, and including such information
as the Secretary may require.
(ii) Solicitation of applications.--Not
less frequently than once per calendar year,
the Secretary shall solicit from eligible
public entities applications for loans and loan
guarantees in accordance with this section.
(B) Approval process.--
(i) Submission of applications to secretary
of the interior.--As soon as practicable after
the date on which the Secretary receives an
application under subparagraph (A), the
Secretary shall submit the application to the
Secretary of the Interior for review.
(ii) Review by secretary of the interior.--
(I) Review.--As soon as practicable
after the date of receipt of an
application by the Secretary under
clause (i), the Secretary of the
Interior shall conduct a review of the
application to determine whether--
(aa) the eligible public
entity is implementing a
habitat conservation plan that
has been approved by the
Secretary of the Interior under
section 10 of the Endangered
Species Act of 1973 (16 U.S.C.
1539);
(bb) the habitat
acquisition program of the
eligible public entity would
very likely be completed; and
(cc) the eligible public
entity has adopted a
complementary plan for
sustainable infrastructure
development that provides for
the mitigation of environmental
impacts.
(II) Report to secretary.--Not
later than 60 days after the date on
which the Secretary of the Interior
receives an application under subclause
(I), the Secretary of the Interior
shall submit to the Secretary a report
that contains--
(aa) an assessment of each
factor described in subclause
(I); and
(bb) a recommendation
regarding the approval or
disapproval of a loan or loan
guarantee to the eligible
public entity that is the
subject of the application.
(III) Consultation with secretary
of commerce.--To the extent that the
Secretary of the Interior considers to
be appropriate to carry out this
clause, the Secretary of the Interior
may consult with the Secretary of
Commerce.
(iii) Approval by secretary.--
(I) In general.--Not later than 120
days after receipt of an application
under subparagraph (A), the Secretary
shall approve or disapprove the
application.
(II) Factors.--In approving or
disapproving an application of an
eligible public entity under subclause
(I), the Secretary may consider--
(aa) whether the financial
plan of the eligible public
entity for habitat acquisition
is sound and sustainable;
(bb) whether the eligible
public entity has the ability
to repay a loan or meet the
terms of a loan guarantee under
the program;
(cc) any factor that the
Secretary determines to be
appropriate; and
(dd) the recommendation of
the Secretary of the Interior.
(III) Preference.--In approving or
disapproving applications of eligible
public entities under subclause (I),
the Secretary shall give preference to
eligible public entities located in
biologically rich regions in which
rapid growth and development threaten
successful implementation of approved
habitat conservation plans, as
determined by the Secretary in
cooperation with the Secretary of the
Interior.
(C) Administration of loans and loan guarantees.--
(i) Report to secretary of the interior.--
Not later than 60 days after the date on which
the Secretary approves or disapproves an
application under subparagraph (B)(iii), the
Secretary shall submit to the Secretary of the
Interior a report that contains the decision of
the Secretary to approve or disapprove the
application.
(ii) Duty of secretary.--As soon as
practicable after the date on which the
Secretary approves an application under
subparagraph (B)(iii), the Secretary shall--
(I) establish the loan or loan
guarantee with respect to the eligible
public entity that is the subject of
the application (including such terms
and conditions as the Secretary may
prescribe); and
(II) carry out the administration
of the loan or loan guarantee.
(c) Termination of Authority.--The authority under this section
shall terminate on the date that is 10 years after the date of
enactment of this Act. | Infrastructure Facilitation and Habitat Conservation Act of 2011 - Requires the Secretary of the Treasury (Secretary) to establish a program to provide loans and loan guarantees to enable state political subdivisions to acquire interests in real property pursuant to habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973. Requires the Secretary to: (1) submit loan applications for the Secretary of the Interior's review, which shall include a determination that the subdivision has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts; and (2) give preference to such subdivisions located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to establish a program to provide loans and loan guarantees to enable eligible public entities to acquire interests in real property that are in compliance with habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973, and for other purposes."} | 1,304 | 155 | 0.573002 | 1.550515 | 0.759197 | 3.62963 | 8.881481 | 0.933333 |
SECTION 1. RESEARCH TO EVALUATE TECHNOLOGY FOR DEPOSITING CERTAIN WASTE
ON DEEP OCEAN SEABED.
(a) Short Title.--This section may be cited as the ``____ Act of
1995''.
(b) Research Program.--Title II of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) is amended by--
(1) redesignating section 205 as section 206; and
(2) inserting after section 204 the following new section:
``SEC. 205. DEEP OCEAN SEABED RESEARCH PROGRAM.
``(a) In General.--The Under Secretary, in cooperation with the
Administrator, shall conduct a research program to demonstrate the
feasibility of disposing of authorized waste by depositing it on the
deep seabed by means of a closed container that isolates the waste from
contact with the water column through which it passes.
``(b) Permits.--
``(1) Issuance.--As part of a research program under this
section and not later than 160 days after the date of the
enactment of ____ Act of 1995, the Under Secretary shall issue
permits to private persons which authorize the deposit of
authorized waste at one or more specified sites on the deep
seabed.
``(2) Terms of permits.--A permit issued under this
subsection shall--
``(A) specify a site for deposit of authorized
waste, that is located in--
``(i) the Atlantic Ocean;
``(ii) the Pacific Ocean; or
``(iii) the Gulf of Mexico;
``(B) require that authorized waste be deposited in
a manner that prevents the waste from contacting the
water column before the waste reaches the proximity of
the deep seabed;
``(C) authorize deposits under the permit during
the 15-year period beginning on the effective date of
the permit;
``(D) require the person authorized to deposit
authorized waste under the permit to conduct monitoring
of the site or sites at which the wastes are deposited
and to submit reports of such monitoring to the Under
Secretary and the Administrator; and
``(E) provide that if the Under Secretary
determines on the basis of monitored information that
the deposit of authorized waste under the permit is
adversely affecting ocean environmental conditions to
an unacceptable extent, the Under Secretary may--
``(i) revoke the permit for any further
deposits; and
``(ii) require that the permittee recover
so much of the authorized waste already
deposited under the permit as is reasonably
possible.
``(3) Limitation.--The Under Secretary may not issue more
than one permit under this section that authorizes deposit of
authorized material in each of the areas referred to in
paragraph (2)(A)(i), (ii), and (iii).
``(4) Treated as epa permit.--For purposes of this title--
``(A) a permit issued under this section is deemed
to be a permit issued by the Administrator under
section 102, and
``(B) such issuance shall constitute a waiver of
the [prohibitions] and fee [specified] in section
104(b).
[What is the intent of subparagraph (B)? What
``prohibitions'' are ``specified'' in section 104(b)?]
``(c) Authority of Under Secretary.--The Under Secretary may
exercise any authority with respect to a permit under this section that
the Administrator may exercise under this title with respect to a
permit under section 102.
``(d) Monitoring.--As part of the research program under this
section, the Under Secretary and the Administrator shall jointly design
and conduct a program for monitoring the environmental conditions at
sites where authorized wastes are deposited under permits issued under
this section, and at other nearby areas that might be affected by those
wastes.
``(e) Reports.--Not later than 1 year after the date of the
enactment of the ____ Act of 1995 and annually thereafter, the Under
Secretary [and the Administrator?] shall [jointly] prepare and submit
to the Congress an annual report on the progress and results of the
research programs conducted under this section.
``(f) Definitions.--For purposes of this section--
``(1) Authorized waste.--The term `authorized waste' means
dredge spoil, gold mining spoil, fly ash, incinerator ash,
sewage sludge, and any other waste designated by the Under
Secretary.
``(2) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.
``(3) Deep seabed.--The term `deep seabed' means the gently
undulating, sediment covered sea floor which is largely
quiescent and which is located at depths greater than 5,000
feet below the ocean surface.''. | Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to mandate a research program to demonstrate the feasibility of disposing of authorized waste by depositing it on the deep seabed by means of a closed container that isolates the waste from the water column through which it passes. Provides for permits to so deposit. Mandates monitoring of environmental conditions at deposit sites. | {"src": "billsum_train", "title": "To amend title II of the Marine Protection, Research, and Sanctuaries Act of 1972 to direct the Under Secretary of Commerce for Oceans and Atmosphere to conduct a research program to evaluate technology for depositing certain waste on the deep ocean seabed."} | 1,125 | 83 | 0.651591 | 1.620644 | 1.121954 | 6.869565 | 14.231884 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Security Disclosure Act of
2005''.
SEC. 2. AVAILABILITY FOR PUBLIC DISCLOSURE OF CERTAIN INFORMATION
REQUIRED TO BE PROVIDED TO THE PBGC REGARDING THE ASSETS
AND LIABILITIES OF CERTAIN UNDERFUNDED SINGLE-EMPLOYER
PLANS.
(a) Electronic Format.--Section 4010(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1310(a)) is amended by adding,
after and below paragraph (2), the following:
``Material provided to the corporation pursuant to this section shall
be in an electronic format which accommodates display on the Internet,
in accordance with regulations of the corporation.''.
(b) Public Disclosure.--Section 4010(c) of such Act (29 U.S.C.
1310(c)) is amended to read as follows:
``(c) Public Disclosure of Information.--
``(1) Public information.--Except as provided in paragraph
(4), the contents of records, documents, and other information
filed with the corporation pursuant to subsection (a) shall be
public information and the corporation shall make any such
information available for inspection in the principal office of
the corporation and shall, upon written request of any
participant or beneficiary, furnish to such participant or
beneficiary a written copy of any such information. The
corporation may by regulation provide for a reasonable charge
to cover the cost of furnishing any such copy of such
information.
``(2) Disclosure on the internet and other media.--The
corporation shall provide by regulation for timely display of
the contents of records, documents, and other information filed
with the corporation in connection with the plan pursuant to
subsection (a) on a website maintained by the corporation on
the Internet and other appropriate media.
``(3) Direct provision of information to participants and
beneficiaries.--Within 30 days after material is provided to
the corporation pursuant to subsection (a) with respect to a
plan, in accordance with regulations which shall be prescribed
by the corporation, the plan administrator shall provide a
written summary of such material to each participant and
beneficiary under the plan and shall include with such summary
notification that such material is available on the website
referred to in paragraph (2).
``(4) Exception for confidential information.--Paragraphs
(1), (2), and (3) shall not apply with respect to information
described in subsection (a) which the corporation has
identified by regulation as confidential information.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to information provided to the Pension Benefit Guaranty
Corporation pursuant to section 4010 of the Employee Retirement Income
Security Act of 1974 with respect to reporting periods ending on or
after December 31, 2005.
SEC. 3. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORTS.
(a) Filing After 275 Days After Plan Year Only in Cases of
Hardship.--Section 104(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1024(a)(1)) is amended by inserting after the
first sentence the following new sentence: ``In the case of a pension
plan, the Secretary may extend the deadline for filing the annual
report for any plan year past 275 days after the close of the plan year
only on a case by case basis and only in cases of hardship, in
accordance with regulations which shall be prescribed by the
Secretary.''.
(b) Actuarial Valuations as of the End of the Plan Year.--Section
103 of such Act (29 U.S.C. 1023) is amended--
(1) in subsection (a)(4)(A), by inserting after the first
sentence the following new sentence: ``Actuarial valuations
included in the actuarial statement applicable to the plan year
for which the annual report is filed shall be determined as of
the last date of such plan year.''; and
(2) in subsection (d)(1), by striking ``years,'' and all
that follows and inserting ``years.''.
(c) Internet Display of Information.--Section 104(b) of such Act
(29 U.S.C. 1024(b)) is amended by adding at the end the following:
``(2) Identification and basic plan information and actuarial
information included in the annual report for any plan year shall be
filed with the Secretary in an electronic format which accommodates
display on the Internet, in accordance with regulations which shall be
prescribed by the Secretary. The Secretary shall provide for display of
such information included in the annual report, within 90 days after
the date of the filing of the annual report, on a website maintained by
the Secretary on the Internet and other appropriate media. Such
information shall also be displayed on any website maintained by the
plan sponsor (or by the plan administrator on behalf of the plan
sponsor) on the Internet, in accordance with regulations which shall be
prescribed by the Secretary.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to annual reports filed in connecton with plan years
ending with or after December 31, 2005.
SEC. 4. REQUIREMENTS FOR SUMMARY ANNUAL REPORTS.
(a) Issuance of Summary Annual Report Within 15 Days After Filing
of Annual Report.--
(1) In general.--Section 104(b)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(3))
is amended--
(A) by striking ``Within 210 days after the close
of the fiscal year of the plan,'' and inserting
``Within 15 days after the date of the filing of the
annual report for a plan year of the plan,''; and
(B) by striking ``such fiscal year'' and inserting
``such plan year''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to annual reports filed after December
31, 2005.
(b) Disclosure of Plan Assets and Liabilities and Notification of
Availability of Annual Report on the Internet.--
(1) In general.--Section 104(b)(3) of such Act (as amended
by subsection (a)) is amended further--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) The material provided pursuant to subparagraph (A) to
summarize the latest annual report shall be written in a manner
calculated to be understood by the average plan participant and shall
set forth the following information:
``(i) the total assets and liabilities of the plan for the
plan year for which the latest annual report was filed and for
each of the 2 preceding plan years, as reported in the annual
report for each such plan year under this section; and
``(ii) notification that identification and basic plan
information and actuarial information contained in the latest
annual report are available on the website of the Department of
Labor and a website maintained by the plan sponsor (or by the
plan administrator on behalf of the plan sponsor).''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to summary annual reports issued after
1 year after the date of the enactment of this Act.
(c) Simplified Reporting Rules for Small Plans.--Section 104(b)(3)
of such Act (as amended by subsections (a) and (b)) is amended further
by adding at the end the following new subparagraph:
``(C) The Secretary may by regulation prescribe simplified
reporting requirements, with respect to material required to be
furnished under this paragraph, for any pension plan which covers less
than 100 participants.''. | Pension Security Disclosure Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the Pension Benefit Guaranty Corporation (PBGC) to disclose publicly certain information on the funding status of pension plans, through making it available: (1) for inspection at PBGC headquarters; (2) in written form upon request of a plan participant or beneficiary; and (3) on a PBGC website. Requires pension plan administrators to provide to each plan participant and beneficiary a written summary of material provided to the PBGC, and notification that such material is on the PBGC website.
Authorizes, only in cases of hardship, the Secretary of Labor to extend the deadline for a pension plan to file an annual report past 275 days after the close of the plan year. Requires actuarial valuations in an annual report to be determined as of the last date of the plan year. Directs the Secretary to display annual report information on a Department of Labor website. Requires such information also to be displayed on any website maintained by the plan sponsor or administrator on the sponsor's behalf.
Requires issuance of summary annual reports within 15 days after annual report filing. Requires such summaries to include disclosure of plan assets and liabilities and notification that certain annual report information is on the Department of Labor website and on a plan sponsor or administrator website. Authorizes the Secretary to prescribe simplified requirements for summary annual reports of pension plans covering less than 100 participants. | {"src": "billsum_train", "title": "To amend titles I and IV of the Employee Retirement Income Security Act of 1974 to improve disclosure of the funding status of pension plans."} | 1,734 | 321 | 0.60106 | 1.716697 | 0.780493 | 2.808664 | 5.574007 | 0.909747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Qualifying Renewable Chemical
Production or Investment Tax Credit Act of 2015''.
SEC. 2. CREDITS FOR PRODUCTION OF RENEWABLE CHEMICALS AND INVESTMENTS
IN RENEWABLE CHEMICAL PRODUCTION FACILITIES.
(a) Production of Renewable Chemicals.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS.
``(a) In General.--For purposes of section 38, the production
credit for renewable chemicals for any taxable year is an amount
(determined separately for each renewable chemical produced by the
taxpayer) equal to $0.15 per pound of biobased content of renewable
chemical produced by the taxpayer during the taxable year.
``(b) Limitation.--The amount of the credit determined under
subsection (a) with respect to a renewable chemical produced by the
taxpayer during any taxable year shall not exceed the credit amount
allocated for purposes of this section by the Secretary to the taxpayer
with respect to such chemical for such taxable year under section
48E(e).
``(c) Biobased Content.--For purposes of this section, the term
`biobased content' means, with respect to any renewable chemical, the
biobased content of the total mass of organic carbon in such chemical
(expressed as a percentage), determined by testing representative
samples using the American Society for Testing and Materials (ASTM)
D6866.
``(d) Renewable Chemical.--For purposes of this section--
``(1) In general.--The term `renewable chemical' means any
chemical which--
``(A) is produced by the taxpayer in the United
States (or in a territory or possession of the United
States) from renewable biomass. For purposes of this
section, the term `renewable biomass' has the meaning
given such term in section 9001(13) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
8101(13));
``(B) is sold, or used, by the taxpayer--
``(i) for the production of chemical
products, polymers, plastics, or formulated
products, or
``(ii) as chemicals, polymers, plastics, or
formulated products;
``(C) the biobased content percentage of which is
95 percent or higher;
``(D) is the product of, or reliant upon,
biological conversion, thermal conversion, or a
combination of biological and thermal conversion, of
renewable biomass;
``(E) is not sold or used for the production of any
food, feed, or fuel;
``(F) is not a combination of renewable chemicals
on the list under subparagraph (G) (or added to the
list under paragraph (2)) for which a credit has been
taken under this section or section 48E; and
``(G) is included on the following list of
renewable chemicals eligible for credit: acetic acid;
acrylic acid; acyl glutamate; adipic acid; algae oils;
algae sugars; aromatics; 1,4-butanediol (BDO); iso-
butanol; n-butanol; carboxylic acids; cellulosic sugar;
diethyl methylene malonate; ethyl acetate; farnesene;
gamma-butyrolactone; hexamethylenediamine (HMD); 3-
hydroxy propionic acid; glucaric acid; C10
hydrocarbons; isoprene; itaconic acid; ketals;
levulinic acid; olefins; polyhydroxyalkonate (PHA);
polylactic acid (PLA); polyitaconic acid; polyols from
vegetable oils; poly(xylitan levulinate ketal); 1,3-
propanediol; 1,2-propanediol; succinic acid; terpenes;
thiols; p-xylene.
``(2) Additional renewable chemicals.--The Secretary may
add chemicals to the list of renewable chemicals established in
paragraph (1)(G). Not later than 180 days after the enactment
of this section, the Secretary, in consultation with the
Secretary of Agriculture, shall establish a program to consider
applications from taxpayers to add renewable chemicals to the
list. Any chemical added to the list must meet the requirements
set forth in subparagraphs (A) through (F) of paragraph (1).
``(e) Coordination With Investment Credit for Renewable Chemical
Production Facilities.--See section 48E(f) for rules coordinating
section 48E with this section.
``(f) Termination.--Notwithstanding any other provision of this
section, the Secretary may not allocate any credit amount under this
section to any taxable year which begins more than 5 years after the
date of the enactment of this section.''.
(2) Credit to be part of general business credit.--
Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(37) the renewable chemicals production credit determined
under section 45S(a).''.
(b) Investment Credit in Lieu of Production Credit.--
(1) In general.--Section 46 of such Code is amended by
striking ``and'' at the end of paragraph (5), by striking the
period at the end of paragraph (6) and inserting ``, and'', and
by adding at the end the following new paragraph:
``(6) the renewable chemical production facilities
credit.''.
(2) Renewable chemical production facilities credit.--
Subpart E of part IV of subchapter A of chapter 1 of such Code
is amended by inserting after section 48D the following:
``SEC. 48E. INVESTMENT CREDIT FOR RENEWABLE CHEMICAL PRODUCTION
FACILITIES.
``(a) In General.--For purposes of section 46, the renewable
chemical production facilities credit for any taxable year is an amount
equal to 30 percent of the basis of any eligible property which is a
part of a renewable chemical production facility placed in service by
the taxpayer during such taxable year.
``(b) Limitation.--The amount of the credit determined under
subsection (a) with respect to a renewable chemical production facility
of the taxpayer during any taxable year shall not exceed the credit
amount allocated for purposes of this section by the Secretary to the
taxpayer for such taxable year under subsection (e).
``(c) Renewable Chemical Production Facility.--For purposes of this
section--
``(1) In general.--The term `renewable chemical production
facility' means a facility used to produce renewable
chemicals--
``(A) which is owned by the taxpayer,
``(B) which is originally placed after the date of
the enactment of this section and before the first day
of the taxable year which begins 6 years after the date
of the enactment of this section, and
``(C) with respect to which--
``(i) no credit has been allowed under
section 45S, and
``(ii) the taxpayer makes an irrevocable
election to have this section apply to such
facility.
``(2) Eligible property.--The term `eligible property'
means any property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not
including a building or its structural
components),
but only if such property is used as an integral part
of the renewable chemical production facility, and
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(3) Renewable chemical.--The term `renewable chemical'
has the meaning given such term by section 45S(d).
``(d) Special Rules.--
``(1) Denial of production credit.--No credit shall be
allowed under section 45S for any taxable year with respect to
any renewable chemical production facility.
``(2) 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.
``(e) National Limitation on Credits for Renewable Chemicals.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, in
consultation with the Secretary of Agriculture, shall establish
a program to allocate credit amounts under this section and
section 45S to applicants for taxable years.
``(2) Limitations.--
``(A) Aggregate limitation.--The total amount of
credits that may be allocated under such program shall
not exceed $500,000,000.
``(B) Taxpayer limitation.--The amount of credits
that may be allocated to any taxpayer for any taxable
year under such program shall not exceed $25,000,000.
For purposes of the preceding sentence, all persons
treated as a single employer under subsection (a) or
(b) of section 52, or subsection (m) or (o) of section
414, shall be treated as one person.
``(3) Selection criteria.--In determining which taxpayers
to make allocations of credit amount under such program, the
Secretary shall take into consideration--
``(A) the number of jobs created and maintained
(directly and indirectly) in the United States
(including territories and possessions of the United
States) as result of such allocation during the credit
period and thereafter,
``(B) the degree to which the production of the
renewable chemical demonstrates reduced dependence on
imported feedstocks, petroleum, non-renewable
resources, or other fossil fuels,
``(C) the technological innovation involved in the
production method of the renewable chemical,
``(D) the energy efficiency and reduction in
lifecycle greenhouse gases of the renewable chemical or
of the production method of the renewable chemical, and
``(E) whether there is a reasonable expectation of
commercial viability.
``(4) Redistribution.--If a credit amount allocated to a
taxpayer for a taxable year with respect to any renewable
chemical or renewable chemical production facility (determined
without regard to this paragraph) exceeds the amount of the
credit with respect to such chemical determined under this
section on the taxpayer's return for such taxable year--
``(A) the credit amount allocated to such taxpayer
for such taxable year with respect to such renewable
chemical shall be treated as being the amount so
determined on the taxpayer's return, and
``(B) such excess may, subject to subsection (e),
be reallocated by the Secretary consistent with the
requirements of paragraphs (2)(B) and (3).
``(5) Disclosure of allocations.--The Secretary shall, upon
making an allocation of credit amount under this section,
publicly disclose the identity of the applicant and the amount
of the credit with respect to such applicant.
``(f) Coordination With Production Credit for Renewable
Chemicals.--
``(1) In general.--If a taxpayer makes an election under
paragraph (2) with respect to a renewable chemical production
facility, a credit shall not be allowed under section 45S for
any renewable chemical produced by such facility.
``(2) Election.--If no credit has been allowed under
section 45S with respect to a renewable chemical produced by a
renewable chemical production facility, a taxpayer may make an
irrevocable election to have this section apply with respect to
such facility in lieu of section 45S with respect to such
renewable chemical.
``(g) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section and
section 45S.
``(h) Termination.--The Secretary may not allocate any credit
amount under this section to any taxable year which begins more than 5
years after the date of the enactment of this section.''.
(c) Credits Allowable Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (vii) through (ix) as clauses (ix) through (xi),
respectively, and by inserting after clause (vi) the following new
clauses:
``(vii) the credit determined under section
45S,
``(viii) the credit determined under
section 46 to the extent that such credit is
attributable to the renewable chemical
production facilities credit under section
48E,''.
(d) Clerical Amendments.--
(1) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45S. Credit for production of renewable chemicals.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 48E. Investment credit for renewable chemical production
facilities.''.
(e) Effective Dates.--
(1) Production credit.--The amendments made by subsection
(a) shall apply to renewable chemicals produced after the date
of the enactment of this Act, in taxable years ending after
such date.
(2) Investment credit.--The amendments made by subsection
(b) shall apply to renewable chemical production facilities
placed in service after the date of the enactment of this Act,
in taxable years ending after such date. | Qualifying Renewable Chemical Production or Investment Tax Credit Act of 2015 This bill amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. The bill defines "renewable chemical" as any chemical that: (1) is produced in the United States from renewable biomass; (2) is sold or used for the production of chemical products, polymers, plastics, or formulated products or as chemicals, polymers, plastics, or formulated products; (3) has a biobased content of 95% or higher; (4) is the product of, or reliant upon, biological or thermal conversion of renewable biomass; (5) is not sold or used for the production of any food, feed, or fuel; and (6) is not a combination of certain specified renewable chemicals. The bill also allows a tax credit for investment in renewable chemical production facilities. The bill requires the Department of the Treasury to establish a program to allocate renewable chemical tax credit amounts to eligible taxpayers and imposes an aggregate limit on the amount of credits that may be allocated to not more than $500 million during the 5-year period after enactment of this Act. | {"src": "billsum_train", "title": "Qualifying Renewable Chemical Production or Investment Tax Credit Act of 2015"} | 3,085 | 248 | 0.615827 | 1.822827 | 0.746271 | 3.703057 | 11.978166 | 0.899563 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Access to Women's
Health Care Act of 1997''.
(b) Findings.--Congress finds the following:
(1) Women's health historically has received little
attention.
(2) A majority of women view their obstetrician-
gynecologist as their primary or sole physician.
(3) An obstetrician-gynecologist improves the access to the
health care of a woman by providing primary and preventive
health care throughout the women's lifetime, encompassing care
of the whole patient in addition to focusing on the processes
of the female reproductive system.
(4) 60 percent of all office visits to obstetrician-
gynecologists are for preventive care.
(5) Obstetrician-gynecologists refer their patients to
other physicians less frequently than other primary care
providers, thus avoiding costly and time-consuming referrals.
(6) Obstetrician-gynecologists manage the health of women
beyond the reproductive system, and are uniquely qualified on
the basis of education and experience to provide basic health
care services to women.
(7) While more than 20 States have acted to promote
residents' access to obstetrician-gynecologists, patients in
other States or in Federally-governed health plans are not
protected from access restrictions or limitations.
SEC. 2. ASSURING ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES UNDER
GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH
INSURANCE COVERAGE.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act, as
amended by section 703(a) of Public Law 104-204, is amended by
adding at the end the following new section:
``SEC. 2706. STANDARDS RELATING TO ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) In General.--If a group health plan or health insurance
issuer, in the provision of health insurance coverage in connection
with a group health plan, requires or provides for an enrollee to
designate a participating primary care provider--
``(1) the plan or issuer shall permit a female enrollee to
designate an obstetrician-gynecologist who has agreed to be
designated as such, as the enrollee's primary care provider;
and
``(2) if such an enrollee has not designated such a
provider as a primary care provider, the plan or issuer--
``(A) may not require prior authorization by the
enrollee's primary care provider or otherwise for
coverage of obstetric and gynecologic care provided by
a participating obstetrician-gynecologist, or a
participating health care professional practicing in
collaboration with the obstetrician-gynecologist and in
accordance with State law, to the extent such care is
otherwise covered, and
``(B) shall treat the ordering of other gynecologic
care by such a participating physician as the prior
authorization of the primary care provider with respect
to such care under the coverage.
``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive
any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecologic care so
ordered.
``(c) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section; or
``(3) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--Notwithstanding section 2723(a)(1) but
subject to section 2723(a)(2), this section shall not be construed to
supersede any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating to
health insurance issuers in connection with group health insurance
coverage that provides greater protections to enrollees than the
protections provided under this section.''.
(B) Section 2723 of such Act (42 U.S.C. 300gg-23) is
amended--
(i) in subsection (a), by inserting ``and section
2706(f)'' after ``Subject to paragraph (2)'', and
(ii) in subsection (c), as amended by section
604(b)(2) of Public Law 104-204, by striking ``section
2704'' and inserting ``sections 2704 and 2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974, as amended by section 702(a) of Public Law 104-204, is
amended by adding at the end the following new section:
``SEC. 713. STANDARDS RELATING TO ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) In General.--If a group health plan or health insurance
issuer, in the provision of health insurance coverage in connection
with a group health plan, requires or provides for an enrollee to
designate a participating primary care provider--
``(1) the plan or issuer shall permit a female enrollee to
designate an obstetrician-gynecologist who has agreed to be
designated as such, as the enrollee's primary care provider;
and
``(2) if such an enrollee has not designated such a
provider as a primary care provider, the plan or issuer--
``(A) may not require prior authorization by the
enrollee's primary care provider or otherwise for
coverage of obstetric and gynecologic care provided by
a participating obstetrician-gynecologist, or a
participating health care professional practicing in
collaboration with the obstetrician-gynecologist and in
accordance with State law, to the extent such care is
otherwise covered, and
``(B) shall treat the ordering of other gynecologic
care by such a participating physician as the prior
authorization of the primary care provider with respect
to such care under the coverage.
``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive
any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecologic care so
ordered.
``(c) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section; or
``(3) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section.
``(d) Notice.--The imposition of the requirements of this section
shall be treated as a material modification in the terms of the plan
described in section 102(a)(1), for purposes of assuring notice of such
requirements under the plan; except that the summary description
required to be provided under the last sentence of section 104(b)(1)
with respect to such modification shall be provided by not later than
60 days after the first day of the first plan year in which such
requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--Notwithstanding section 731(a)(1) but
subject to section 731(a)(2), this section shall not be construed to
supersede any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating to
health insurance issuers in connection with group health insurance
coverage that provides greater protections to enrollees than the
protections provided under this section.''.
(B) Section 731 of such Act (29 U.S.C. 1191) is amended--
(i) in subsection (a), by inserting ``and section
713(f)'' after ``subject to paragraph (2)'', and
(ii) in subsection (c), by striking ``section 711''
and inserting ``sections 711 and 713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standards relating to access to obstetrical and
gynecological services.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:
``SEC. 2752. STANDARDS RELATING TO ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--Notwithstanding section 2762(a) but subject
to section 2762(b)(1), this section shall not be construed to supersede
any provision of State law which establishes, implements, or continues
in effect any standard or requirement solely relating to health
insurance issuers in connection with group health insurance coverage
that provides greater protections to enrollees than the protections
provided under this section.''.
(2) Section 2762 of such Act (42 U.S.C. 300gg-62) is amended--
(A) in subsection (a), by inserting ``and section 2752(c)''
after ``Subject to subsection (b)'', and
(B) in subsection (b)(2), as added by section 605(b)(3)(B)
of Public Law 104-204, by striking ``section 2751'' and
inserting ``sections 2751 and 2752''.
(c) Effective Dates.--(1) Subject to paragraph (3), the amendments
made by subsection (a) shall apply with respect to group health plans
for plan years beginning on or after January 1, 1998.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(3) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 1998.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement. | Access to Women's Health Care Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to establish standards requiring that group and individual health insurance coverage and group health plans provide adequate access to services provided by obstetrician-gynecologists. | {"src": "billsum_train", "title": "Access to Women's Health Care Act of 1997"} | 3,158 | 67 | 0.624992 | 1.40888 | 0.717333 | 3.215686 | 51.627451 | 0.941176 |
SECTION 1. AUTHORITY OF MEMBERS OF THE UNITED STATES PUBLIC HEALTH
SERVICE AND NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC
ADMINISTRATION CORPS TO TRANSFER UNUSED BENEFITS UNDER
POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM TO FAMILY
MEMBERS.
(a) In General.--Section 3319 of title 38, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Authority To Transfer.--
``(1) Members of the armed forces.--Subject to the
provisions of this section, the Secretary of Defense, in order
to promote the recruitment and retention of members of the
Armed Forces, may authorize the Secretary concerned to permit
an individual described in subsection (b)(1) who is entitled to
educational assistance under this chapter to elect to transfer
to one or more of the dependents specified in subsection (c) a
portion of such individual's entitlement to such assistance,
subject to the limitation under subsection (d).
``(2) Members of the united states public health service.--
Subject to the provisions of this section, in order to promote
the recruitment and retention of members of the United States
Public Health Service, the Secretary of Health and Human
Services may permit an individual described in subsection
(b)(2) who is entitled to educational assistance under this
chapter to elect to transfer to one or more of the dependents
specified in subsection (c) a portion of such individual's
entitlement to such assistance, subject to the limitation under
subsection (d).
``(3) Members of the national oceanographic and atmospheric
administration corps.--Subject to the provisions of this
section, in order to promote the recruitment and retention of
members of the National Oceanographic and Atmospheric
Administration Corps, the Secretary of Commerce may permit an
individual described in subsection (b)(3) who is entitled to
educational assistance under this chapter to elect to transfer
to one or more of the dependents specified in subsection (c) a
portion of such individual's entitlement to such assistance,
subject to the limitation under subsection (d).'';
(2) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is any of the following:
``(1) A member of the Armed Forces who, at the time of the
approval of the individual's request to transfer entitlement to
educational assistance under this section, has completed at
least--
``(A) six years of service in the Armed Forces and
enters into an agreement to serve at least four more
years as a member of the Armed Forces; or
``(B) the years of service as determined in
regulations pursuant to section (k).
``(2) A member of the United States Public Health Service
who, at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, has completed at least--
``(A) six years of service in the United States
Public Health Service and enters into an agreement to
serve at least four more years as a member of the
United States Public Health Service; or
``(B) the years of service as determined in
regulations pursuant to section (k).
``(3) A member of the National Oceanographic and
Atmospheric Administration Corps who, at the time of the
approval of the individual's request to transfer entitlement to
educational assistance under this section, has completed at
least--
``(A) six years of service in the National
Oceanographic and Atmospheric Administration Corps and
enters into an agreement to serve at least four more
years as a member of the National Oceanographic and
Atmospheric Administration Corps; or
``(B) the years of service as determined in
regulations pursuant to section (k).'';
(3) in the second sentence of subsection (d), by striking
``Secretary of Defense'' and inserting ``, the appropriate
Secretary'';
(4) in subsection (f)--
(A) in paragraph (1), by striking ``armed forces''
and inserting ``Armed Forces, member of the United
States Public Health Service, or member of the National
Oceanographic and Atmospheric Administration Corps, as
the case may be,''; and
(B) in paragraph (2), by striking ``Secretary
concerned'' and inserting ``appropriate Secretary'';
(5) in subsection (g)--
(A) in paragraph (1)(A), by striking ``in the armed
forces'' and inserting ``in the Armed Forces, United
States Public Health Service, or National Oceanographic
and Atmospheric Administration Corps, as the case may
be,''; and
(B) in paragraph (2)(A)(i), by striking ``in the
armed forces'' and inserting ``in the Armed Forces,
United States Public Health Service, or National
Oceanographic and Atmospheric Administration Corps, as
the case may be,'';
(6) in subsection (h)--
(A) in paragraph (2)(B), by inserting before ``as
if the individual were not on active duty'' the
following: ``, and in the case of a member of the Armed
Forces,'';
(B) in paragraph (3)(B), by inserting before ``as
if the individual were not on active duty'' the
following: ``, and in the case of a member of the Armed
Forces,''; and
(C) in paragraph (2)(A)(i), by striking ``in the
armed forces'' and inserting ``in the Armed Forces,
United States Public Health Service, or National
Oceanographic and Atmospheric Administration Corps, as
the case may be,'';
(7) in subsection (i)(2)(A), by striking ``subsection
(b)(1)'' and inserting ``paragraph (1)(A), (2)(A), or (3)(A) of
subsection (b)'';
(8) in subsection (j), by striking ``Secretary of Defense''
the following: ``appropriate Secretary''; and
(9) by inserting after subsection (k) and inserting the
following new subsection:
``(l) Appropriate Secretary Defined.--In this section, the term
`appropriate Secretary' means--
``(1) the Secretary of Defense with respect to matters
concerning members of the Armed Forces;
``(2) the Secretary of Health and Human Services with
respect to matters concerning the United States Public Health
Service; and
``(3) the Secretary of Commerce with respect to matters
concerning the National Oceanographic and Atmospheric
Administration Corps.''.
(b) Effective Date.--The amendments made by this Act shall take
effect as if included in the enactment of the Post-9/11 Veterans
Educational Assistance Act of 2008 (title V of Public Law 110-252). | Grants to the Secretary of Health and Human Services and the Secretary of Commerce similar authority to allow members of the Public Health Service and of the National Oceanographic and Atmospheric Administration (NOAA) Corps, respectively, to transfer unused benefits under the Post-9/11 Educational Assistance Program to family members. (Currently, this benefits transfer option applies only to the Secretary of Defense [DOD] and members of the Armed Forces.)
Requires such personnel, at the time their benefits transfer request is approved, to have completed: (1) six years of service in the Public Health Service or NOAA Corps and agreed to serve at least four more; or (2) the years of service determined by the appropriate Secretary.
Authorizes the transfer to family members of up to 36 months of unused post-9/11 educational assistance, although the appropriate Secretary may limit such transfer to as little as 18 months of assistance. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for members of the United States Public Health Service and National Oceanographic and Atmospheric Administration Corps to transfer unused benefits under Post-9/11 Educational Assistance Program to family members, and for other purposes."} | 1,544 | 187 | 0.587645 | 1.654711 | 0.697278 | 2.529412 | 8.370588 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nutria Eradication and Control Act
of 2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) wetland and tidal marshes in the Chesapeake Bay, the
State of Louisiana, and other coastal States provide
significant cultural, economic, and ecological benefits to the
United States;
(2) the South American nutria (Myocastor coypus) is
directly contributing to substantial marsh loss on Federal,
State, and private land in the States of Maryland and Louisiana
and other coastal States;
(3) the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) authorized the Maryland Nutria
Project, which has successfully eradicated nutria from more
than 130,000 acres of Chesapeake Bay wetland in the State of
Maryland;
(4) the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) and the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3951 et seq.)
authorized the Coastwide Nutria Control Program, which has
reduced nutria-impacted wetland acres in the State of Louisiana
from 80,000 acres to 23,141 acres; and
(5) proven techniques developed under the Nutria
Eradication and Control Act of 2003 (Public Law 108-16; 117
Stat. 621) that are eradicating nutria from the State of
Maryland and are reducing the acres of nutria-impacted wetland
in Louisiana, should be applied to nutria eradication or
control programs in other nutria-infested coastal States.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to provide financial assistance to the States of
Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to
carry out activities--
(1) to eradicate or control nutria; and
(2) to restore nutria damaged wetland.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal state.--The term ``coastal State'' means each
of the States of Delaware, Oregon, Virginia, and Washington.
(2) Program.--The term ``program'' means the nutria
eradication program established by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. NUTRIA ERADICATION PROGRAM.
(a) In General.--There is established a nutria eradication program
under which the Secretary may, subject to the availability of
appropriations, provide financial assistance to the States of Maryland
and Louisiana and the coastal States to implement measures--
(1) to eradicate or control nutria; and
(2) to restore wetland damaged by nutria.
(b) Goals.--The goals of the program shall be--
(1) to eradicate nutria in the State of Maryland;
(2) to eradicate or control nutria in the State of
Louisiana and the coastal States; and
(3) to restore wetland damaged by nutria.
(c) Activities in the State of Maryland.--The Secretary shall
require that the program carried out in the State of Maryland consist
of management, research, and public education activities carried out in
accordance with the document published by the United States Fish and
Wildlife Service entitled ``Eradication Strategies for Nutria in the
Chesapeake and Delaware Bay Watersheds'', dated March 2002, and updated
March 2009.
(d) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the total cost of
the program may not exceed 75 percent.
(2) In-kind contributions.--The non-Federal share of the
total cost of the program may be provided in the form of in-
kind contributions of materials or services.
(e) Limitation on Administrative Expenses.--Not more that 5 percent
of the financial assistance provided by the Secretary under the program
may be used for administrative expenses.
SEC. 5. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary and the National Invasive Species Council shall--
(1) for purposes of the program, give consideration to--
(A) the 2002 report for the Louisiana Department of
Wildlife and Fisheries entitled ``Nutria in
Louisiana''; and
(B) the March 2009 update of the document entitled
``Eradication Strategies for the Nutria in the
Chesapeake and Delaware Bay Watersheds'' and dated
March 2002;
(2) continue, in cooperation with the State of Louisiana
Department of Wildlife and Fisheries and the State of Maryland
Department of Natural Resources, a long-term nutria control or
eradication program, as appropriate, with the objective to
significantly reduce and restore the damage nutria cause to
coastal wetland in the States of Louisiana and Maryland; and
(3) develop, in cooperation with the State of Delaware
Department of Natural Resources and Environmental Control, the
State of Virginia Department of Game and Inland Fisheries, the
State of Oregon Department of Fish and Wildlife, and the State
of Washington Department of Fish and Wildlife, long-term nutria
control or eradication programs, as appropriate, with the
objective to significantly reduce and restore the damage nutria
cause to coastal wetland in the coastal States.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for each
of fiscal years 2010 through 2014--
(1) $4,000,000 to provide financial assistance under the
program to each of the States of Maryland and Louisiana; and
(2) $1,000,000 to provide financial assistance under the
program to each of the coastal States. | Nutria Eradication and Control Act of 2009 - Establishes a nutria eradication program under which the Secretary of the Interior may provide financial assistance to Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to eradicate or control nutria and restore nutria-damaged wetland.
Requires that the Maryland program consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds." | {"src": "billsum_train", "title": "To provide for the eradication and control of nutria in Maryland, Louisiana, and other coastal States."} | 1,291 | 127 | 0.704932 | 1.913574 | 0.543951 | 5.892473 | 12.086022 | 0.946237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Fairness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coast line.--The term ``coast line'' means the line of
ordinary low water along the portion of the coast which is in
direct contact with the open sea and the line marking the
seaward limit of inland waters, as in existence on the day that
is 1 day before the date of enactment of this Act
(2) Existing interest.--The term ``existing interest''
means any lease, easement, right of use, or right-of-way on, or
for any natural resources or minerals, underlying, expanded
submerged land that is in existence on the date of conveyance
of the expanded submerged land.
(3) Expanded seaward boundary.--The term ``expanded seaward
boundary'' means the boundary of a State that is 3 marine
leagues seaward of the coast line of the State.
(4) Expanded submerged land.--The term ``expanded submerged
land'' means the area of the outer Continental Shelf that is
located between the point that is 3 miles seaward of the coast
line of a State and the point that is 3 marine leagues seaward
of the coast line of the State.
(5) Interest owner.--The term ``interest owner'' means any
person holding an existing interest or a portion of an existing
interest.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means any of the States of
Alabama, Florida, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, and Virginia.
SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES.
(a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43
U.S.C. 1312) is amended--
(1) by striking ``The'' at the beginning and inserting the
following:
``(a) In General.--Except for the States described in subsection
(b), the''; and
(2) by adding at the end the following:
``(b) Seaward Boundaries of Certain Coastal States.--Subject to
subsection (a), the seaward boundary of each of the following States
shall be a line 3 marine leagues distant from the coast line of the
State as of the date that is 1 day before the date of enactment of the
Offshore Fairness Act:
``(1) Alabama.
``(2) Florida.
``(3) Georgia.
``(4) Louisiana.
``(5) Mississippi.
``(6) North Carolina.
``(7) South Carolina.
``(8) Virginia.''.
(b) Conforming Amendments.--Section 2 of the Submerged Lands Act
(43 U.S.C. 1301) is amended--
(1) in subsection (a)(2), by inserting ``, or 3 marine
leagues distant from the coast line of a State described in
section 4(b),'' after ``the coast line of each such State'';
and
(2) in subsection (b)--
(A) by striking ``from the coast line'';
(B) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three
geographical miles''; and
(C) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three marine
leagues''.
SEC. 4. CONVEYANCE.
(a) In General.--Subject to subsections (b) and (c) and section 5,
the Secretary shall, by not later than 120 days after the date of
enactment of this Act--
(1) notify each State of the right to request a conveyance
of the applicable interest of the United States in and to the
expanded submerged land; and
(2) at the request of a State, convey to the applicable
State the interest of the United States in and to the expanded
submerged land.
(b) Administration.--On conveyance under subsection (a), the
Secretary shall transfer to the Governor of the State the authority to
exercise the powers and duties of the Secretary under the terms of any
existing interest, subject to the condition that the State--
(1) shall not impose any burdens or requirements on an
interest owner that would be stricter than any burdens or
requirements imposed under Federal law; and
(2) shall not impose any administrative or judicial penalty
or sanction on an interest owner that is more severe than any
administrative or judicial penalty or sanction under current
Federal law.
(c) Liability.--As a condition of accepting the conveyance, the
State shall agree to indemnify the United States from any liability to
any interest owner for the taking of a property interest or breach of
contract arising from--
(1) the conveyance of the expanded submerged land to the
State; or
(2) the administration by the State of any existing
interest on or underlying the expanded submerged land.
SEC. 5. EFFECT.
(a) In General.--Subject to subsections (b) through (e), this Act
and the amendments made by this Act shall not affect any valid existing
right in and to the expanded submerged land.
(b) Submerged Land.--Submerged land within the seaward boundaries
of a State (as extended by the amendments made by this Act) shall be--
(1) subject to Federal oil and gas mineral rights to the
extent provided by law;
(2) considered to be part of the Federal outer Continental
Shelf for purposes of the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); and
(3) subject to--
(A) leasing under the authority of that Act;
(B) the distribution of revenues under section
8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and
(C) any other laws applicable to the leasing of the
oil and gas resources of the Federal outer Continental
Shelf, including the Gulf of Mexico Energy Security Act
of 2006 (43 U.S.C. 1331 note; Public Law 109-432).
(c) Existing Leases.--
(1) In general.--The amendments made by this Act shall not
affect any Federal oil and gas lease in effect on the date of
conveyance under section 4.
(2) Divided leases.--If the conveyance under section 4
results in a division of a Federal oil and gas lease that is in
existence on the date of conveyance, the conveyance of the
portion of the expanded submerged land that is covered by the
lease shall not take effect until the date that is 1 day after
the date that the lease expires or terminates.
(d) Future Interests.--This section shall not apply to any interest
in the expanded submerged land that is granted by the State after the
date on which the land is conveyed to the State under section 4.
(e) Taxation.--
(1) In general.--Subject to paragraph (2), a State may
exercise all of the sovereign powers of taxation of the State
within the entire extent of the seaward boundaries of the State
(as extended by the amendments made by this Act).
(2) Limitation.--Nothing in this subsection affects the
authority of a State to tax any Federal oil and gas lease in
effect on the date of enactment of this Act.
SEC. 6. FISHERY MANAGEMENT RIGHTS.
(a) In General.--The Secretary of Commerce shall grant to each
State exclusive fishery management authority over reef fish in the Gulf
of Mexico and the Atlantic Ocean in the expanded submerged land.
(b) Temporary Additional Authority.--
(1) In general.--In addition to the authority granted under
subsection (a) and subject to paragraph (2), the Secretary of
Commerce shall grant to each State exclusive fishery management
authority over the red snapper fish (lutjanus campechanus), in
the Gulf of Mexico and the Atlantic Ocean in the area of the
outer Continental Shelf that is located between the expanded
seaward boundary of a State and the point that is 200 miles
seaward of the coast line of the State, consistent with the
jurisdictional limit of the exclusive economic zone.
(2) Term.--The authority under paragraph (1) shall remain
in effect for any State until the date on which the Governor of
that State has certified to the Secretary of Commerce, in
writing, that the Governor is confident that the stock
assessments of the National Oceanic and Atmospheric
Administration for the red snapper fish (lutjanus campechanus)
within the authority of the State, as established by this Act,
are--
(A) accurate; and
(B) based on sound science. | Offshore Fairness Act - Amends the Submerged Lands Act to extend the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia to a line three marine leagues (currently, three geographic miles) distant from the coast line. Directs the Secretary of the Interior to: (1) notify such states of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at such a state's request, convey to the applicable state the interest of the United States in and to such land. Prohibits states conveyed such land from imposing: (1) burdens or requirements on an interest owner that would be stricter than any federal burdens or requirements, and (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than any federal administrative or judicial penalty or sanction. Declares submerged land within the seaward boundaries of such states to be subject to federal oil and gas mineral rights and to be considered part of the federal outer continental shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Prohibits this Act from affecting any federal oil and gas lease in effect on the date of the land conveyance. Excludes from specified requirements and prohibitions any interest in the expanded submerged land that is granted by the state after the date on which the land is conveyed. Authorizes such states to exercise their sovereign taxation powers within the entire extent of the extended seaward boundaries. Prohibits this Act from affecting a state's authority to tax any federal oil and gas lease in effect on the date of enactment of this Act. Directs the Secretary of Commerce to grant such states exclusive fishery management authority over: (1) reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land, (2) red snapper fish in designated areas until the state's governor certifies that the stock assessments of the National Oceanic and Atmospheric Administration (NOAA) are accurate and based on sound science. | {"src": "billsum_train", "title": "Offshore Fairness Act"} | 1,963 | 468 | 0.635157 | 1.888442 | 0.743781 | 5.190821 | 4.342995 | 0.915459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighters Special Operation Task
Force Act''.
SEC. 2. GRANTS FOR FIREFIGHTING TASK FORCES.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following new section:
``SEC. 37. ASSISTANCE FOR FIREFIGHTING TASK FORCES.
``(a) Definitions.--In this section:
``(1) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
1016(e) of the Critical Infrastructures Protection Act of 2001
(42 U.S.C. 5195c(e)).
``(2) Firefighting personnel.--The term `firefighting
personnel' has the meaning given that term in section 33(a).
``(3) Incident response.--The term `incident response'
means a response by a task force or task force unit to--
``(A) a terrorist attack, including such an attack
that utilizes a weapon of mass destruction;
``(B) a release of a hazardous material;
``(C) a natural disaster; or
``(D) any other emergency for which a response by a
fire service is appropriate.
``(4) Member.--The term `member', with respect to a task
force, means a fire service that is a party to the cooperative
agreement establishing the task force.
``(5) Task force.--The term `task force' means 2 or more
fire services that collectively consist of at least 50
firefighting personnel, operating pursuant to a cooperative
agreement for the purpose of coordinating incident response
among such fire services.
``(b) Grant Authority.--The Administrator may award not more than
100 grants for task forces each fiscal year for the purposes described
in subsection (c).
``(c) Purposes.--A grant awarded under this section shall be used--
``(1) to provide salary and benefits to hire firefighting
personnel or rehire firefighting personnel who have been laid
off to provide services to the task force, including salary and
benefits;
``(2) to pay expenses related to the participation of
firefighting personnel in appropriate training courses;
``(3) to provide training related to incident response to
firefighting personnel;
``(4) to obtain appropriate equipment, including
firefighting vehicles or support systems for members of the
task force;
``(5) to improve the ability of a member of a task force to
communicate with a local police department or hospital, or with
any other appropriate governmental or private sector entity;
and
``(6) to ensure the compatibility and interoperability of
training and equipment with those obtained by other task
forces.
``(d) Application Guidance.--The Administrator shall make available
to potential applicants for assistance under this section a description
of a model task force configuration, which shall include--
``(1) an administrative unit, consisting of 2 chief
officers, 2 captains, and 2 lieutenants, to coordinate training
programs, logistics, and maintenance of equipment, which shall
operate at least 40 hours per week;
``(2) a command unit, consisting of 1 chief officer serving
as the task force commander and 1 firefighter serving as
communications coordinator, which shall operate at all times;
``(3) at least 1 hazardous materials company, consisting of
1 company officer and 5 firefighters, which shall operate at
all times;
``(4) at least 1 rescue company, consisting of 1 company
officer and 5 firefighters, which shall operate at all times;
and
``(5) 6 squad companies, each consisting of 1 company
officer and 5 firefighters, which shall operate at all times,
and which may serve, as appropriate, as a hazardous materials
company or rescue company as described in paragraphs (3) and
(4).
``(e) Application Requirements.--Each task force desiring
assistance under this section shall submit an application to the
Administrator at such time, in such manner, and accompanied by such
information as the Administrator may reasonably require. In order to
qualify for a grant, an applicant's proposal shall provide for--
``(1) prompt incident response;
``(2) a unified command system;
``(3) common training and equipment for task force members;
``(4) maximum coverage in the task force region, taking
into account population, business centers, vital
infrastructures, transportation corridors, and government
centers; and
``(5) preservation during the life of the grant of the
overall personnel level for each fire service, at least at the
level in effect at the time the application was submitted.
``(f) Selection Priority.--In selecting a task force to receive
assistance under this section, the Administrator shall give priority to
task forces that serve a geographic area that--
``(1) has a high population density; or
``(2) is located not more than 50 miles from--
``(A) a facility that produces nuclear power;
``(B) a large facility that produces, treats, or
refines chemicals or petroleum products;
``(C) a business district of national significance;
or
``(D) a location with one or more critical
infrastructures.
``(g) Matching Requirement.--The Administrator may provide
assistance to a Task Force under this section for a fiscal year only if
the task force agrees to obtain from non-Federal sources for such
fiscal year at least 55 percent of the costs of the task force. The
non-Federal contributions may be in-kind contributions, including
personnel, personnel overtime, vehicles, equipment, administrative
costs, fuel, maintenance, contractor services, and rental space.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section such sums
as may be necessary for each of the fiscal years 2008 through 2016.''. | Firefighters Special Operation Task Force Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the U.S. Fire Administration to award up to 100 grants for task forces (two or more fire services that collectively consist of at least 50 firefighting personnel, operating under a cooperative agreement to coordinate incident response) each fiscal year for: (1) salary and benefits to hire firefighting personnel; (2) training; (3) equipment or support systems; (4) communications between task force members and a local police department or hospital or with any other appropriate governmental or private sector entity; and (5) compatibility and interoperability of training and equipment.
Requires the Administrator to give priority to task forces serving geographic areas that have a high population density or that are located within 50 miles of: (1) a nuclear power facility; (2) a large facility that produces, treats, or refines chemicals or petroleum products; (3) a business district of national significance; or (4) a location with one or more critical infrastructures.
Requires grantees to obtain non-federal matching funds of at least 55% of the amount awarded by the Administrator for each fiscal year. | {"src": "billsum_train", "title": "To amend the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the United States Fire Administration to provide assistance to firefighting task forces, and for other purposes."} | 1,315 | 254 | 0.627122 | 1.647469 | 0.97639 | 3.806034 | 5.344828 | 0.935345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay For Success Affordable Housing
Energy Modernization Act of 2014''.
SEC. 2. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER
CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL
UNITS.
(a) Establishment.--The Secretary of Housing and Urban Development
(referred to in this section as the ``Secretary'') shall establish a
demonstration program under which, during the period beginning on the
date of enactment of this Act, and ending on September 30, 2017, the
Secretary may enter into budget-neutral, performance-based agreements
that result in a reduction in energy or water costs with such entities
as the Secretary determines to be appropriate under which the entities
shall carry out projects for energy or water conservation improvements
at not more than 20,000 residential units in multifamily buildings
participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an
entity a payment under an agreement under this section
only during applicable years for which an energy or
water cost savings is achieved with respect to the
applicable multifamily portfolio of properties, as
determined by the Secretary, in accordance with
subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this
section shall include a pay-for-success
provision--
(I) that will serve as a payment
threshold for the term of the
agreement; and
(II) pursuant to which the
Department of Housing and Urban
Development shall share a percentage of
the savings at a level determined by
the Secretary that is sufficient to
cover the administrative costs of
carrying out this section.
(ii) Limitations.--A payment made by the
Secretary under an agreement under this section
shall--
(I) be contingent on documented
utility savings; and
(II) not exceed the utility savings
achieved by the date of the payment,
and not previously paid, as a result of
the improvements made under the
agreement.
(C) Third-party verification.--Savings payments
made by the Secretary under this section shall be based
on a measurement and verification protocol that
includes at least--
(i) establishment of a weather-normalized
and occupancy-normalized utility consumption
baseline established pre-retrofit;
(ii) annual third-party confirmation of
actual utility consumption and cost for owner-
paid utilities;
(iii) annual third-party validation of the
tenant utility allowances in effect during the
applicable year and vacancy rates for each unit
type; and
(iv) annual third-party determination of
savings to the Secretary.
(2) Term.--The term of an agreement under this section
shall be not longer than 12 years.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering
into agreements under this section; and
(B) enter into such agreements only with entities
that demonstrate significant experience relating to--
(i) financing and operating properties
receiving assistance under a program described
in subsection (a);
(ii) oversight of energy and water
conservation programs, including oversight of
contractors; and
(iii) raising capital for energy and water
conservation improvements from charitable
organizations or private investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed plan for the implementation of this
section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each
evaluation conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an agreement under
this section is in effect, the Secretary may use to carry out this
section any funds appropriated to the Secretary for the renewal of
contracts under a program described in subsection (a). | Pay For Success Affordable Housing Energy Modernization Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish a demonstration program under which, between enactment of this Act and September 30, 2017, the Secretary may enter into budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Specifies requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for eligibility, geographical diversity, and funding for the program. Requires the Secretary to submit to specified congressional committees a detailed plan for the implementation of this Act. | {"src": "billsum_train", "title": "Pay For Success Affordable Housing Energy Modernization Act of 2014"} | 1,069 | 231 | 0.719443 | 2.099201 | 0.878213 | 4.115385 | 4.692308 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Patent Term Preservation Act of
1996''.
SEC. 2. PATENT TERM DETERMINATION AUTHORITY.
(a) In General.--Section 154(b) of title 35, United States Code, is
amended to read as follows:
``(b) Determination of Patent Term.--
``(1) Basis for patent term adjustment.--
``(A) In general.--Subject to paragraph (2), the
term of a patent shall be adjusted to include the
period of time for which the issue of the original
patent was delayed due to--
``(i) a proceeding under section 135(a) of
this title;
``(ii) the imposition of an order pursuant
to section 181 of this title;
``(iii) appellate review by the Board of
Patent Appeals and Interferences or by a
Federal court where the patent was issued
pursuant to a decision in the review reversing
an adverse determination of patentability; or
``(iv) an unusual administrative delay by
the Office in issuing the patent.
``(B) Regulations.--The Commissioner shall
prescribe regulations to govern the determination of
the period of delay, including the particular
circumstances determined to be an unusual
administrative delay under subparagraph (A).
``(2) Limitations.--
``(A) Maximum period of adjustment.--The total
duration of all adjustments of a patent term under this
subsection shall not exceed 10 years. No patent term
may be adjusted by a period greater than the actual
period of time that the issue of a patent was delayed
as determined by the Commissioner. To the extent that
periods of delay attributable to grounds specified in
paragraph (1) overlap, the period of any adjustment
granted under this subsection shall not exceed the
actual number of days the issuance of the patent was
delayed.
``(B) Due diligence.--The period of adjustment of
the term of a patent under this subsection shall be
reduced by a period equal to the time during the
processing or examination of the application leading to
the patent in which the applicant did not act with due
diligence to conclude processing or examination of the
application. The Commissioner shall prescribe
regulations establishing the circumstances that
constitute a failure of an applicant to act with due
diligence to conclude processing or examination of an
application.
``(C) Terminal disclaimer.--No patent, the term of
which has been disclaimed beyond a specified date, may
be adjusted under this section beyond the expiration
date specified in the disclaimer.
``(3) Notice to commissioner.--In a case in which a patent
term is adjusted under this subsection, the Commissioner shall
determine the period of any patent term adjustment available
under this section and shall include a copy of that
determination with the final notice. The Commissioner shall
prescribe regulations establishing procedures for the
application for, and notification of, patent term adjustments
granted by the Commissioner under this subsection.
``(4) Judicial review.--Any applicant dissatisfied with a
determination by the Commissioner under paragraph (3) may have
remedy by civil action in the United States Court of Federal
Claims if commenced within 60 days after the mailing of the
notice of allowance as the Commissioner appoints. The
initiation of a civil action under this section shall not delay
the issuance of a patent.''.
(b) Technical Clarification.--Section 156(a) of title 35, United
States Code, is amended--
(1) in the matter preceding paragraph (1) by inserting ``,
which shall include any patent term adjustment granted under
section 154(b),'' after ``the original expiration date of the
patent''; and
(2) in paragraph (2) by inserting before the semicolon ``,
except as provided under section 154(b)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect on the date of
the enactment of this Act and shall apply to any application filed on
or after June 8, 1995. | Full Patent Term Preservation Act of 1996 - Revises patent law to direct that the term of a patent be adjusted to include the period of time for which the issue of the original patent was delayed due to: (1) a proceeding designed to determine the priority of invention ("interference"); (2) the imposition of an order pertaining to a determination that the patent would be detrimental to the national security; (3) appellate review by the Board of Patent Appeals and Interferences or by a Federal court where the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability; or (4) an unusual administrative delay by the Patent and Trademark Office in issuing the patent.
Directs the Commissioner of Patents and Trademarks to prescribe regulations to govern the determination of the period of delay, including the circumstances determined to constitute an unusual administrative delay.
Establishes a ten-year limit for adjustments in patent terms under this Act. Precludes adjustments in patent term beyond the actual number of days that a patent was delayed. Specifies that no adjustment in patent term may be granted for periods when the applicant did not act with due diligence. Directs the Commissioner to prescribe regulations establishing the circumstances that constitute a failure to act with due diligence.
Specifies that no patent, the term of which has been disclaimed beyond a specified date, may be adjusted pursuant to this Act beyond the expiration date specified in the disclaimer.
Directs the Commissioner: (1) in a case in which a patent term is so adjusted, to determine the period of any patent term adjustment and include a copy of that determination with the final notice; and (2) to prescribe regulations establishing procedures for the application for, and notification of, patent term adjustments granted by the Commissioner.
Authorizes any applicant dissatisfied with such determination to bring a civil action in the United States Court of Federal Claims if commenced within 60 days after the mailing of the notice of allowance as the Commissioner appoints. Specifies that the initiation of such action shall not delay the issuance of a patent. | {"src": "billsum_train", "title": "Full Patent Term Preservation Act of 1996"} | 896 | 453 | 0.762133 | 2.329252 | 0.854561 | 4.321782 | 2.042079 | 0.89604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medically Fragile Children's Act of
2008''.
SEC. 2. ESTABLISHMENT OF PROGRAM OF ALL-INCLUSIVE CARE FOR MEDICALLY
FRAGILE CHILDREN AS A MEDICAID STATE OPTION.
(a) In General.--Title XIX of the Social Security Act is amended--
(1) in section 1902(a)(10)(A)(ii)--
(A) in subclause (XVIII) by striking ``or'' at the
end;
(B) in subclause (XIX), by adding ``or'' after the
semicolon; and
(C) by inserting after subclause (XIX) the
following:
``(XX) who are medically fragile
children described in section 1942;'';
(2) in section 1905(a), in the matter preceding paragraph
(1)--
(A) in clause (xii), by striking ``or'' at the end;
(B) in clause (xiii), by adding ``or'' after the
comma; and
(C) by inserting after clause (xiii) the following:
``(xiv) medically fragile children
described in section 1942;''; and
(3) by adding at the end the following:
``program of all-inclusive care for medically fragile children
``Sec. 1942. (a) State Option To Establish All-Inclusive Care for
Medically Fragile Children.--
``(1) State plan amendment.--
``(A) In general.--A State may elect through a
State plan amendment to provide medical assistance and
other services described under this section by means of
a program of all-inclusive care described in subsection
(b) for eligible children described in paragraph (2).
In the case of an eligible child enrolled with an all-
inclusive care program pursuant to such an election--
``(i) the child shall receive benefits
under the plan, as well as items and services
described in section 1905(r) solely through
such programs; and
``(ii) program providers shall receive an
all-inclusive payment in accordance with a
program agreement for the provision of such
care that meets the requirements of this
section.
``(B) Option to limit enrollment.--A State may
establish a numerical limit on the number of eligible
children who may be enrolled in an all-inclusive care
program under a program agreement under this section.
``(2) Definition of eligible child; program provider.--In
this section,
``(A) Eligible child.--The term `eligible child'
means an individual who--
``(i) has not attained age 25;
``(ii) is--
``(I) determined by the State to be
medically fragile based on health
status and related indicators (such as
medical diagnoses and measures of
activities of daily living,
instrumental activities of daily
living, and cognitive impairment); or
``(II) diagnosed as having 1 or
more chronic conditions;
``(iii) requires daily monitoring of a
significant medical condition necessitating
overall care planning in order to achieve or
maintain optimum health and developmental
status, achieve community integration to the
maximum extent possible, and requires both
medical assistance and at least 2 additional
services furnished under an all-inclusive
program as a result of functional deficits;
``(iv) resides in the service area of a
program provider with a program agreement under
this section; and
``(v) meets such other eligibility
requirements (including eligibility standards
related to family income and resources) as the
State may establish pursuant to section
1902(r)(2).
``(B) Program provider.--The term `program
provider' means an organization with an agreement with
the State to provide a program of all-inclusive care
for eligible children enrolled with the organization in
accordance with this section and the terms of such
agreement.
``(b) Program Requirements.--In order to satisfy the requirements
of this section, a program of all-inclusive care for eligible children
shall include, subject to subsection (d), the following:
``(1) Comprehensive benefits.--The program shall provide
items, benefits, and services to eligible children enrolled in
the program through an all-inclusive and comprehensive,
multidisciplinary health and social services delivery system.
Each participating system in a State shall have the
demonstrated ability to undertake the following:
``(A) Medical assistance.--Furnish or arrange for
the items and services described in section 1905(r)
(early and periodic screening, diagnostic, and
treatment services), as well as any other item or
service for which Federal financial participation may
be available under this Act.
``(B) Administrative activities to assure access to
preventive, acute, primary, specialized, and long term
care and medically appropriate utilization of care.--
The administration activities described in section
1902(a)(43) (related to administrative activities to
assure receipt of services described in section
1905(r)) and section 1905(a)(19) (related to medical
assistance case management services).
``(C) Additional services.--Social work services,
transportation services, family support services, care
coordination, coordination of program services with
educational, and social services for which the child is
eligible, nutrition assessment and counseling, personal
care services, respite care, and home and vehicle
modification services.
``(2) Availability of services.--Access to necessary
medical care for acute conditions 24 hours per day, every day
of the year.
``(3) Quality assurance; patient safeguards.--At a
minimum--
``(A) for each enrolled child, a written plan of
quality assurance and improvement that is periodically
reviewed and updated, and procedures for implementing
such plan and monitoring and reviewing the quality of
care;
``(B) coverage of emergency services described in
section 1932(b)(2);
``(C) the provision of information to families
whose children are enrolled in the program in easily
understood form; and
``(D) written safeguards regarding the rights of
enrolled eligible children (including a patients bill
of rights and written procedures for grievances and
appeals, which shall be no less stringent than
procedures applicable to entities participating in a
State plan for medical assistance pursuant to section
1932 of the Act).
``(4) Voluntary enrollment and disenrollment.--Voluntary
enrollment and disenrollment without cause at any time.
``(5) Transition assistance.--In the case of a child who is
enrolled under the program under this section and whose
enrollment ceases for any reason (including that the child no
longer qualifies as an eligible child), assistance to the child
in obtaining necessary transitional care through appropriate
referrals and making the child's medical records available to
new providers.
``(c) Provider Agreements; Use of All-Inclusive Payment
Methodology.--
``(1) In general.--
``(A) Provider agreements.--A State that elects the
option under this section shall enter into an agreement
with a program provider that has agreed to provide a
program of all-inclusive care in accordance with the
provisions of this section for eligible children who
reside in the geographic area served by the provider
(and specified in such agreement) and elect to enroll
with the provider.
``(B) Choice and competition.--To the extent
feasible, the State shall enter into agreements with
multiple providers in a single geographic area, and
enter into agreements that provide coverage to as much
of the State as is practicable.
``(C) Reporting requirement.--An agreement entered
into under subparagraph (A) shall require that a
program provider submit to the Secretary, in a form and
manner specified by the Secretary and for each eligible
child who is enrolled with the program provider under
such an agreement, the following:
``(i) Service utilization data.
``(ii) Expenditures.
``(iii) Quality and health status measures
(as identified by the Secretary).
``(2) Payment.--
``(A) The State may utilize a negotiated, all-
inclusive payment method that reflects the full range
of medical assistance and related administrative
activities recognized under section 1903 of the Act for
which the provider will assume responsibility.
``(B) Such payment method shall provide for payment
in an all-inclusive amount (using such methods as a
per-member-per month or case payment arrangement) that
shall assures quality, efficiency in relation to an
all-inclusive approach to payment methods, access to
necessary care to achieve the purposes of this section,
and to the greatest degree possible, the integration of
care, services, and activities described in this
section with other funding related to the educational,
social and other services that an enrolled child may
receive.
``(3) Authority to contract.--The State may enter into an
agreement under this section with a program provider that is
not a medicaid managed care organization (as defined in section
1903(m)(1)(A)) so long as the provider demonstrates the health
care expertise and infrastructure necessary to support the
delivery of a program of all-inclusive care in accordance with
the provisions of this section and satisfies such other
criteria as the State specifies in the State plan amendment
filed under this section.
``(d) Rules of Construction.--Nothing in this section shall be
construed as--
``(1) preventing a program provider from entering into
contracts with other governmental or nongovernmental payers for
the care of eligible children enrolled with the provider; or
``(2) affecting the option of a State to offer services to
medically fragile children under a demonstration or waiver.''.
(b) Conforming Amendment.--Section 1903(f)(4) of such Act (42
U.S.C. 1936b(f)(4)) is amended in the matter preceding subparagraph (A)
by inserting ``, 1942'' after ``1905(p)(1)''.
(c) Study and Report.--
(1) Study.--The Secretary of Health and Human Services, in
consultation with State Medicaid agencies, annually shall
conduct a study of the quality and cost of providing medical
assistance for a program of all-inclusive care for eligible
children under section 1942 of the Social Security Act (as
added by subsection (a)). Such study shall include an analysis
of--
(A) the information submitted to the Secretary
under subsection (c)(1)(C) of such section 1942; and
(B) the extent to which the provision of such
assistance resulted in improved quality and health
status measures for eligible children.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary
of Health and Human Services shall submit a report to Congress
on the results of the study required under paragraph (1) that
includes such recommendations for legislative or administrative
action as the Secretary determines appropriate. | Medically Fragile Children's Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to establish a program of all-inclusive care for medically fragile children as a Medicaid state plan option.
Makes a child eligible if he or she is: (1) medically fragile based on health status and related indicators or is diagnosed as having one or more chronic conditions; (2) requires daily monitoring of a significant medical condition necessitating overall care planning in order to achieve or maintain optimum health and developmental status, and achieve community integration to the maximum extent possible; and (3) requires both medical assistance and at least two additional services furnished under an all-inclusive program as a result of functional deficits. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to establish a State plan option under Medicaid to provide an all-inclusive program of care for children who are medically fragile or have one or more chronic conditions that impede their ability to function."} | 2,441 | 163 | 0.577424 | 1.618201 | 0.663911 | 4.108696 | 16.188406 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Investment Protection Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many seniors are targeted by salespersons and advisers
using misleading certifications and professional designations;
(2) many certifications and professional designations used
by salespersons and advisers represent limited training or
expertise, and may in fact be of no value with respect to
advising seniors on financial and estate planning matters, and
far too often, such designations are obtained simply by
attending a weekend seminar and passing an open book, multiple
choice test;
(3) many seniors have lost their life savings because
salespersons and advisers holding a misleading designation have
steered them toward products that were unsuitable for them,
given their retirement needs and life expectancies;
(4) seniors have a right to clearly know whether they are
working with a qualified adviser who understands the products
and is working in their best interest or a self-interested
salesperson or adviser advocating particular products; and
(5) many existing State laws and enforcement measures
addressing the use of certifications, professional
designations, and suitability standards in selling financial
products to seniors are inadequate to protect senior investors
from salespersons and advisers using such designations.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``misleading designation''--
(A) means the use of a purported certification,
professional designation, or other credential, that
indicates or implies that a salesperson or adviser has
special certification or training in advising or
servicing seniors; and
(B) does not include any legitimate certification,
professional designation, license, or other credential,
if--
(i) it has been offered by an academic
institution having regional accreditation; or
(ii) it meets the standards for
certifications, licenses, and professional
designations outlined by the North American
Securities Administrators Association (in this
Act referred to as the ``NASAA'') Model Rule on
the Use of Senior-Specific Certifications and
Professional Designations, or it was issued by
or obtained from any State;
(2) the term ``financial product'' means securities,
insurance products (including insurance products which pay a
return, whether fixed or variable), and bank and loan products;
(3) the term ``misleading or fraudulent marketing'' means
the use of a misleading designation in selling or advising a
senior in the sale of a financial product;
(4) the term ``senior'' means any individual who has
attained the age of 62 or older; and
(5) the term ``State'' means each of the 50 States, the
District of Columbia, and the unincorporated territories of
Puerto Rico and the U.S. Virgin Islands.
SEC. 4. GRANTS TO STATES FOR ENHANCED PROTECTION OF SENIORS FROM BEING
MISLEAD BY FALSE DESIGNATIONS.
(a) Grant Program.--The Attorney General of the United States (in
this Act referred to as the ``Attorney General'')--
(1) shall establish a program in accordance with this Act
to provide grants to States--
(A) to investigate and prosecute misleading and
fraudulent marketing practices; or
(B) to develop educational materials and training
aimed at reducing misleading and fraudulent marketing
of financial products toward seniors; and
(2) may establish such performance objectives, reporting
requirements, and application procedures for States and State
agencies receiving grants under this Act as the Attorney
General determines are necessary to carry out and assess the
effectiveness of the program under this Act.
(b) Use of Grant Amounts.--A grant under this Act may be used
(including through subgrants) by the State or the appropriate State
agency designated by the State--
(1) to fund additional staff to identify, investigate, and
prosecute cases involving misleading or fraudulent marketing of
financial products to seniors;
(2) to fund technology, equipment, and training for
regulators, prosecutors, and law enforcement in order to
identify salespersons and advisers who target seniors through
the use of misleading designations;
(3) to fund technology, equipment, and training for
prosecutors to increase the successful prosecution of those
targeting seniors with the use of misleading designations;
(4) to provide educational materials and training to
regulators on the appropriateness of the use of designations by
salespersons and advisers of financial products;
(5) to provide educational materials and training to
seniors to increase their awareness and understanding of
designations;
(6) to develop comprehensive plans to combat misleading or
fraudulent marketing of financial products to seniors; and
(7) to enhance provisions of State law that could offer
additional protection for seniors against misleading or
fraudulent marketing of financial products.
(c) Grant Requirements.--
(1) Maximum.--The amount of a grant under this Act may not
exceed $500,000 per fiscal year per State, if all requirements
of paragraphs (2), (3), (4), and (5) are met. Such amount shall
be limited to $100,000 per fiscal year per State in any case in
which the State meets the requirements of--
(A) paragraphs (2) and (3), but not each of
paragraphs (4) and (5); or
(B) paragraphs (4) and (5), but not each of
paragraphs (2) and (3).
(2) Standard designation rules for securities.--A State
shall have adopted rules on the appropriate use of designations
in the offer or sale of securities or investment advice, which
shall, to the extent practicable, conform to the minimum
requirements of the NASAA Model Rule on the Use of Senior-
Specific Certifications and Professional Designations, as in
effect on the date of enactment of this Act, or any successor
thereto, as determined by the Attorney General.
(3) Suitability rules for securities.--A State shall have
adopted standard rules on the suitability requirements in the
sale of securities, which shall, to the extent practicable,
conform to the minimum requirements on suitability imposed by
self-regulatory organization rules under the securities laws
(as defined in section 3 of the Securities Exchange Act of
1934), as determined by the Attorney General.
(4) Standard designation rules for insurance products.--A
State shall have adopted standard rules on the appropriate use
of designations in the sale of insurance products, which shall,
to the extent practicable, conform to the minimum requirements
of the National Association of Insurance Commissioners Model
Regulation on the Use of Senior-Specific Certifications and
Professional Designations in the Sale of Life Insurance and
Annuities, as in effect on the date of enactment of this Act,
or any successor thereto, as determined by the Attorney
General.
(5) Suitability rules for insurance products.--A State
shall have adopted suitability standards for the sale of
annuity products, under which, at a minimum (as determined by
the Attorney General)--
(A) insurers shall be responsible and liable for
ensuring that sales of their annuity products meet
their suitability requirements;
(B) insurers shall have an obligation to ensure
that the prospective senior purchaser has sufficient
information for making an informed decision about a
purchase of an annuity product;
(C) the prospective senior purchaser shall be
informed of the total fees, costs, and commissions
associated with establishing the annuity transaction,
as well as the total fees, costs, commissions, and
penalties associated with the termination of the
transaction or agreement; and
(D) insurers and their agents are prohibited from
recommending the sale of an annuity product to a
senior, if the agent fails to obtain sufficient
information in order to satisfy the insurer and the
agent that the transaction is suitable for the senior.
SEC. 5. APPLICATIONS.
To be eligible for a grant under this Act, the State or appropriate
State agency shall submit to the Attorney General a proposal to use the
grant money to protect seniors from misleading or fraudulent marketing
techniques in the offer and sale of financial products, which
application shall--
(1) identify the scope of the problem;
(2) describe how the proposed program will help to protect
seniors from misleading or fraudulent marketing in the sale of
financial products, including, at a minimum--
(A) by proactively identifying senior victims of
misleading and fraudulent marketing in the offer and
sale of financial products;
(B) how the proposed program can assist in the
investigation and prosecution of those using misleading
or fraudulent marketing in the offer and sale of
financial products to seniors; and
(C) how the proposed program can help discourage
and reduce future cases of misleading or fraudulent
marketing in the offer and sale of financial products
to seniors; and
(3) describe how the proposed program is to be integrated
with other existing State efforts.
SEC. 6. LENGTH OF PARTICIPATION.
A State receiving a grant under this Act shall be provided
assistance funds for a period of 3 years, after which the State may
reapply for additional funding.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$8,000,000 for each of the fiscal years 2010 through 2014. | Senior Investment Protection Act of 2009 - Directs the Attorney General to establish a program of grants to states to: (1) investigate and prosecute misleading and fraudulent marketing practices; or (2) develop educational materials and training aimed at reducing misleading and fraudulent marketing of financial products toward seniors. | {"src": "billsum_train", "title": "A bill to protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security."} | 1,947 | 58 | 0.502658 | 1.362177 | 0.895695 | 4.090909 | 34.290909 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving the Earnings and Noting the
Investment of Our Retired Seniors Act of 2015'' or the ``SENIORS Act of
2015''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) seniors, especially those on a fixed income, who were
promised social security benefits, paid into the system, and
now rely on those benefits, receive a proper cost-of-living
increase to fulfill their needs; and
(2) Congress, in coordination with the heads of the Social
Security Administration, the Railroad Retirement Board, the
Department of Veterans Affairs, and the Department of Labor,
should develop a legislative solution to ensure that the cost-
of-living adjustment formula for Social Security adequately
reflects beneficiaries' needs.
SEC. 3. ONE-TIME SUPPLEMENTARY PAYMENT TO BENEFICIARIES OF SOCIAL
SECURITY AND VETERANS BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--Subject to paragraph (4)(C), the
Secretary of the Treasury shall disburse a payment
equal to the amount described in subsection (e) to each
individual who, for any month during the 3-month period
ending with the month which ends prior to the month
that includes the date of the enactment of this Act, is
entitled to a benefit payment described in clause (i),
(ii), or (iii) of subparagraph (B), or is eligible for
a SSI cash benefit described in subparagraph (C).
(B) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
under subsection (a), (c), or (d) of section 2
of the Railroad Retirement Act of 1974 (45
U.S.C. 231a).
(iii) Veterans benefit.--A benefit payment
described in this clause is a payment made by
the Secretary of Veterans Affairs for a benefit
under the laws administered by the Secretary--
(I) that is covered by section 5312
of title 38, United States Code;
(II) for which there was an
increase in rates made pursuant to the
Veterans' Compensation Cost-of-Living
Adjustment Act of 2014 (Public Law 113-
181); or
(III) that would otherwise be
increased pursuant to an increase in
benefit amounts payable under title II
of the Social Security Act (42 U.S.C.
401 et seq.).
(C) SSI cash benefit described.--A SSI cash benefit
described in this subparagraph is a supplemental
security income benefit payable under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.).
(2) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1 benefit
payment described in paragraph (1).
(3) Limitation.--A payment under this section shall not be
made in the case of any individual whose date of death occurs
before the date on which the individual is certified under
subsection (b) to receive a payment under this section.
(4) Timing and manner of payments.--
(A) In general.--The Secretary of the Treasury
shall commence disbursing payments under this section
at the earliest practicable date but in no event later
than 120 days after the date of enactment of this Act.
The Secretary of the Treasury may disburse any payment
electronically to an individual in such manner as if
such payment was a benefit payment to such individual
under the applicable program described in subparagraph
(B) or (C) of paragraph (1).
(B) Notice.--
(i) In general.--The Secretary of the
Treasury shall provide written notice, sent by
mail to each individual receiving a payment
under this section, explaining that the payment
represents a one-time benefit increase to the
benefit payment described in paragraph (1) to
which the individual is entitled.
(ii) Public notice.--The Secretary of the
Treasury, in consultation with the Commissioner
of Social Security and the Secretary of
Veterans Affairs, shall publish on a public Web
site information about the payments authorized
under this subsection, including--
(I) information on eligibility for
such payments;
(II) information on the timeframe
in which such payments will be
distributed; and
(III) other relevant information.
(C) Deadline.--No payments shall be disbursed under
this section after December 31, 2016, regardless of any
determinations of entitlement to, or eligibility for,
such payments made after such date.
(b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or eligibility for,
a benefit specified in subparagraph (B) or (C) of subsection (a)(1).
(c) Treatment of Payments.--
(1) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(2) Payments protected from assignment.--The provisions of
section 207 of the Social Security Act (42 U.S.C. 407) and
section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C.
231m(a)) shall apply to any payment made under subsection (a)
as if such payment was a benefit payment to such individual
under the applicable program described in subsection (a)(1)(B).
(3) Treatment under social security act.--
(A) No effect on family maximum.--For purposes of
section 203(a) of the Social Security Act (42 U.S.C.
403(a)), a payment under subsection (a) shall be
disregarded in determining reductions in benefits under
such section.
(B) Payment not a general benefit increase.--For
purposes of section 215(i) of the Social Security Act
(42 U.S.C. 415(i)), a payment under subsection (a)
shall not be regarded as a general benefit increase.
(4) Payments subject to reclamation.--Any payment made
under this section shall, in the case of a payment by direct
deposit which is made after the date of the enactment of this
Act, be subject to the reclamation provisions under subpart B
of part 210 of title 31, Code of Federal Regulations (relating
to reclamation of benefit payments).
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii benefit or
ssi benefit.--Section 1129(a)(3) of the Social Security
Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any
payment made on the basis of an entitlement to a
benefit specified in paragraph (1)(B)(i) or (1)(C) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act.
(C) Payment on the basis of a veterans benefit.--
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title.
(e) Payment Amount.--The amount described in this subsection, with
respect to an individual who is entitled to a benefit payment described
in clause (i), (ii), or (iii) of subparagraph (B) of subsection (a)(1)
or eligible for a SSI cash benefit described in subparagraph (C) of
such subsection, is the amount that is equal to 12 percent of the
amount of such benefit payment or SSI cash benefit payable to the
individual for the month of November 2015.
(f) Appropriation.--Out of any sums in the Treasury of the United
States not otherwise appropriated, the following sums are appropriated
for the period of fiscal years 2016 through 2017, to remain available
until expended, to carry out this section:
(1) For the Secretary of the Treasury, such sums as may be
necessary for administrative costs incurred in carrying out
this section.
(2) For the Commissioner of Social Security--
(A) such sums as may be necessary for payments to
individuals certified by the Commissioner of Social
Security as entitled to receive a payment under this
section; and
(B) such sums as may be necessary to the Social
Security Administration's Limitation on Administrative
Expenses for costs incurred in carrying out this
section.
(3) For the Railroad Retirement Board--
(A) such sums as may be necessary for payments to
individuals certified by the Railroad Retirement Board
as entitled to receive a payment under this section;
and
(B) such sums as may be necessary to the Railroad
Retirement Board's Limitation on Administration for
administrative costs incurred in carrying out this
section.
(4)(A) For the Secretary of Veterans Affairs--
(i) such sums as may be necessary for the
Compensation and Pensions account, for payments to
individuals certified by the Secretary of Veterans
Affairs as entitled to receive a payment under this
section; and
(ii) such sums as may be necessary for the
Information Systems Technology account and the General
Operating Expenses account for administrative costs
incurred in carrying out this section.
(B) The Department of Veterans Affairs Compensation and
Pensions account shall hereinafter be available for payments
authorized under subsection (a)(1)(A) to individuals entitled
to a benefit payment described in subsection (a)(1)(B)(iii).
SEC. 4. OFFSETS.
(a) Rescission of Funds in U.S. Enrichment Corporation Fund.--All
balances under ``United States Enrichment Corporation Fund'' are hereby
permanently rescinded. No amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) Social Security Number Required To Claim the Refundable Portion
of the Child Tax Credit.--
(1) In general.--Section 24(d) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(5) Identification requirement with respect to taxpayer
and qualifying child.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes on the return of tax for such taxable year the
taxpayer's social security number.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the social security number of either
spouse is included on such return.
``(C) Limitation.--Subparagraph (A) shall not apply
to the extent that the tentative minimum tax (as
defined in section 55(b)(1)(A)) exceeds the credit
allowed under section 32.''.
(2) Omissions treated as mathematical or clerical error.--
Section 6213(g)(2)(I) of such Code is amended to read as
follows:
``(I) an omission of a correct social security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(3) Conforming amendment.--Section 24(e) of such Code is
amended by inserting ``With Respect to Qualifying Children''
after ``Identification Requirement'' in the heading thereof.
(4) Effective date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
(c) Rescission of Funds for the Making Home Affordable Program.--Of
the amounts obligated, but not expended, under the Emergency Economic
Stabilization Act of 2008 for the Making Home Affordable Program of the
Department of the Treasury, the Secretary of the Treasury shall
transfer $2,500,000,000 to the general fund of the Treasury.
(d) Rescission of Funds for the DOE ATVM Loan Program.--Of the
funds made available by section 129 of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009, Public
Law 110-329, the unobligated balance is hereby rescinded.
SEC. 5. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the heads of the Social Security Administration, the Railroad
Retirement Board, the Department of Veterans Affairs, and the
Department of Labor shall jointly submit a report to Congress that
includes a legislative solution to ensure that the cost-of-living
adjustment formula for Social Security adequately reflects
beneficiary's needs. | Saving the Earnings and Noting the Investment of Our Retired Seniors Act of 2015 or the SENIORS Act of 2015 This bill expresses the sense of Congress on a cost-of-living increase to Social Security benefits for seniors. The Department of the Treasury shall disburse a one-time payment to certain individuals who are entitled to a benefit under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSAct), an annuity under the Railroad Retirement Act of 1974, or a veterans benefit, or are eligible for a cash benefit under SSAct title XVI (Supplemental Security Income). The amount disbursed shall be 12% of the amount of such benefit payment or SSI cash benefit payable to the individual for November 2015. The Internal Revenue Code is amended to require a Social Security number to claim the refundable portion of the child tax credit. As offsets for these payments: all balances under the United States Enrichment Corporation Fund are hereby permanently rescinded; of the amounts obligated, but not expended, under the Emergency Economic Stabilization Act of 2008 for the Making Home Affordable Program, Treasury shall transfer $2.5 million to the general fund of the Treasury; and of the funds made available to the Department of Energy under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 for the Advanced Technology Vehicles Manufacturing Loan Program Account for the cost of direct loans as authorized by the Energy Independence and Security Act of 2007, the unobligated balance is hereby rescinded. | {"src": "billsum_train", "title": "SENIORS Act of 2015"} | 3,197 | 347 | 0.539157 | 1.637501 | 0.666153 | 4.137809 | 9.932862 | 0.915194 |
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